United States
Environmental Protection
Agency
401MSt.,SW
Washington, D.C. 20460 April 1980
Solid Waste
Subtitle C, Resource Conservation
and Recovery Act of 1976
Final Environmental Impact
Statement—Part I
i
Appendices
~
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Notice
The attached document was prepared by one or more
contractors under the guidance of EPA. It is printed here
largely as received from the contractor; the Agency has not
yet completed reviewing it.
Because of the lead time necessary to produce this
study, it was necessary to base it on a preliminary draft
I
of the final regulations. There were some changes made
later to the regulations. Thus this document unavoidably
does not completely correspond to the regulations finally
promulgated. The Agency is currently analyzing the effect
of the late regulatory changes on the findings of this
study. !
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FINAL
ENVIRONMENTAL IMPACT STATEMENT
PART I
FOR
SUBTITLE C, RESOURCE CONSERVATION
AND RECOVERY ACT OF 1976 (RCRA)
APPENDICES
PREPARED BY
OFFICE OF SOLID WASTE
U.S. ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
STEFFENW. PLEHN
DEPUTY ASSISTANT ADMINISTRATOR
FOR SO LID WASTE
APRIL 1980
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TABLE OF CONTENTS
Page
LIST OF ILLUSTRATIONS xviii
LIST OF TABLES xix
CONTENTS OF VOLUME I
S.O SUMMARY S-l
S.I Introduction S-l
S.2 Description of the Baseline Action S-l
S.2.1 Identification and Listing of Hazardous
Waste (Section 3001) S-2
S.2.2 Standards Applicable to Generators of
Hazardous Wastes (Section 3002) S-2
S.2.3 Standards Applicable to Transporters of
Hazardous Wastes (Section 3003) S-3
S.2.4 Standards Applicable to Owners and Operators
of Hazardous Waste Treatment, Storage, and
Disposal Facilities (Section 3004) S-4
S.2.5 Permits for Treatment, Storage, or Disposal
of Hazardous Waste (Section 3005) S-5
S.2.6 Authorized State Hazardous Waste Programs
(Section 3006) S-6
S.2.7 Preliminary Notification of Hazardous Waste
Activities (Section 3010) S-7
S.3 Description of the Reasonable Alternatives S-7
S.3.1 No Action S-8
S.3.2 Phasing of Generators S-9
S.3.3 Enhanced Public Health and Environmental
Protection S-10
S.3.4 Lesser Degree of Public Health and
Environmental Protection S-10
S.3.5 Phase I Alternative S-ll
S.4 Impacts of the Baseline Regulations S-l2
S.4.1 Potential Primary Impacts S-13
S.4.2 Potential Secondary Impacts S-31
iii
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TABLE OF CONTENTS (Continued)
Page
S.5 Impacts of the Alternatives S-41
S.5.1 No Action Alternative S-41
S.5.2 Phasing of Generators Alternative S-42
S.5.3 Enhancing Public Health and Environmental
Protection Alternative S-45
S.5.4 Lesser Degree of Public Health and
Environmental Protection Alternative S-56
S.5.5 Phase I Alternative S-65
1.0 INTRODUCTION 1-1
2.0 LEGISLATIVE BACKGROUND 2-1
2.1 Federal Legislation Leading to RCRA 2-1
2.2 RCRA and Subtitle C 2-4
2.2.1 Definitions Relevant to Subtitle C 2-6
2.2.2 Section 3001 of Subtitle C 2-8
2.2.3 Section 3002 of Subtitle C 2-8
2.2.4 Section 3003 of Subtitle C 2-9
2.2.5 Section 3004 of Subtitle C 2-9
2.2.6 Section 3005 of Subtitle C 2-10
2.2.7 Section 3006 of Subtitle C 2-11
2.2.8 Section 3007 of Subtitle C 2-11
2.2.9 Section 3008 of Subtitle C 2-12
2.2.10 Section 3009 of Subtitle C 2-12
2.2.11 Section 3010 of Subtitle C 2-13
2.2.12 Section 3011 of Subtitle C 2-13
2.3 Related Federal Legislation 2-13
2.4 The Status of State Solid Waste and Hazardous
Waste Legislation 2-18
2.4.1 The Status of State Regulatory Criteria Applicable
to Generators of Hazardous Waste 2-30
2.4.2 The Status of State Regulatory Criteria Applicable
to Transporters of Hazardous Waste 2-31
2.4.3 The Status of State Regulatory Criteria Applicable
to Treaters of Hazardous Waste 2-32
2.4.4 The Status of State Regulatory Criteria Applicable
to Storers of Hazardous Waste 2-33
2.4.5 The Status of State Regulatory Criteria Applicable
to Disposers of Hazardous Waste 2-34
iv
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TABLE OF CONTENTS (Continued)
2.4.6 The Status of State Hazardous Waste Definition,
Monitoring, and Enforcement 2-35
3.0 DESCRIPTION OF THE BASELINE ACTION 3-1
3.1 Criteria, Identification, and Listing of
Hazardous Waste (Section 3001) 3-1
3.2 Standards Applicable to Generators of
Hazardous Waste (Section 3002) 3-2
3.3 Standards Applicable to Transporters of
Hazardous Waste (Section 3003) 3-5
3.4 Standards for Owners and Operators of
Hazardous Waste Treatment, Storage, and
Disposal Facilities (Section 3004) 3-6
3.5 Permit System for Treatment, Storage, or
Disposal of Hazardous Wastes (Section 3005) 3-11
3.6 Guidelines for State Hazardous Waste Programs
(Section 3006) 3-12
3.7 Preliminary Notification of Hazardous Waste
Activities (Section 3010) 3-14
4.0 IDENTIFICATION AND SELECTION OF REASONABLE ALTERNATIVES 4-1
4.1 No Action 4-3
4.2 Phasing of Generators 4-5
4.3 Enhanced Public Health and Environmental Protection 4-11
4.4 Lesser Degree of Public Health and Environmental
Protection 4-19
4.5 Phase I Alternative 4-28
5.0 EXISTING HAZARDOUS WASTE GENERATION AND MANAGEMENT
PRACTICES 5-1
5.1 Characterization of Hazardous Waste Generation 5-1
5.1.1 Hazardous Waste Characteristics 5-1
5.1.2 Sources of Hazardous Waste 5-11
5.2 Characterization of Hazardous Waste Transport 5-22
5.2.1 Generator/Transporter 5-24
5.2.2 Hazardous Waste Management Facility/Transporters 5-27
5.2.3 For-Hire Transporters 5-28
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TABLE OF CONTENTS (Continued)
Page
5.3 Characterization of Hazardous Waste Storage, Treatment,
and Disposal 5-32
5.3.1 Storage 5-32
5.3.2 Treatment 5-34
5.3.3 Disposal 5-35
5.3.4 Typical Management Practices for Hazardous
Industrial Waste 5-36
5.3.5 Hazardous Waste Management Service Industry 5-43
5.3.6 State Data on On-Site and Off-Site Disposal 5-48
5.4 Resource Conservation and Recovery 5-52
5.4.1 Resource Conservation and Recovery Methods
and Operations 5-52
5.4.2 Resource Recovery and Recycling Estimates 5-56
5.4.3 Constraints to Resource Conservation and Recovery 5-71
6.0 QUANTITIES OF HAZARDOUS WASTES GENERATED AND CONTROLLED 6-1
6.1 Current Hazardous Waste Generation 6-1
6.1.1 Manufacturing Industries 6-1
6.1.2 Other Potentially Hazardous Wastes 6-4
6.2 Hazardous Waste Generators 6-11
6.3 Estimation of Future Hazardous Waste Generation 6-14
6.4 Hazardous Spills 6-15
6.5 Hazardous Wastes Under State Control 6-24
7.0 IMPACTS OF THE BASELINE ACTION 7-1
7.1 Potential Primary Impacts 7-4
7.1.1 Hazardous Wastes to be Regulated 7-5
7.1.2 Changes to Existing Generation, Transport,
Storage, Treatment, and Disposal Practices
and Procedures 7-9
7.1.3 Administrative Changes 7-38
7.1.4 Air Impacts 7-59
7.1.5 Water Quality Impacts 7-107
7.1.6 Public Health Impacts 7-145
vi
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TABLE OF CONTENTS (Continued)
Page
7.2 Potential Secondary Impacts 7-161
7.2.1 Impacts to Physiography and Soils 7-161
7.2.2 Biological Impacts 7-168
7.2.3 Social Impacts 7-183
7.2.4 Hazardous Waste Management Facility Capacity 7-192
7.2.5 Land Use Impacts 7-201
7.2.6 Water Use Impacts 7-204
7.2.7 Impacts to Resource Conservation and Recovery 7-206
7.2.8 Energy Use Impacts 7-208
7.2.9 Impacts to Special Interest Points 7-211
7.3 Significant Uncertainties in the Impact Analysis 7-213
8.0 IMPACTS OF THE ALTERNATIVES 8-1
8.1 Potential Changes in Impacts Resulting from the
No Action Alternative 8-2
8.1.1 Primary Impacts - - 8-2
8.1.2 Secondary Impacts 8-5
8.2 Potential Changes in Impacts Resulting from the
Phasing of Generators Alternative 8-6
8.2.1 Primary Impacts 8-6
8.2.2 Secondary Impacts 8-20
8.3 Potential Change in Impacts Resulting from the
Enhanced Public Health and Environment Protection
Alternative 8-22
8.3.1 Primary Impacts 8-22
8.3.2 Secondary Impacts 8-48
8.4 Potential Change in Impacts Resulting from the
Lesser Degree of Public Health and Environmental
Protection Alternative 8-69
8.4.1 Primary Impacts 8-69
8.4.2 Secondary Impacts 8-100
vii
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TABLE OF CONTENTS (Continued)
8.5 Potential Charges in Impacts Resulting from
the Phase I Alternative 8-117
8.5.1 Primary Impacts 8-118
8.5.2 Secondary Impacts 8-170
9.0 MITIGATING MEASURES AND ADVERSE IMPACTS WHICH CANNOT
BE AVOIDED 9-1
9.1 Redistribution of Hazardous Wastes 9-2
9.2 Impacts Unaffected by the Regulations 9-8
9.2.1 Siting 9-8
9.2.2 Transportation 9-10
9.2.3 Construction and Operation 9-11
9.2.4 Closure 9-13
10.0 RELATIONSHIP BETWEEN LOCAL SHORT-TERM USE OF MAN'S
ENVIRONMENT AND THE MAINTENANCE AND ENHANCEMENT
OF LONG-TERM PRODUCTIVITY 10-1
11.0 IRREVERSIBLE AND IRRETRIEVABLE COMMITMENTS OF RESOURCES 11-1
CONTENTS OF VOLUME II
APPENDIX A - SELECTED STATE HAZARDOUS WASTE REGULATIONS A-l
A.I Regulations Applicable To Generators A-l
A.1.1 California A-l
A.1.2 Georgia A-2
A.1.3 Illinois A-2
A.1.4 Maryland A-3
A.1.5 Minnesota A-3
A.1.6 Missouri A-4
A.1.7 Montana A-5
A.1.8 Oklahoma A-5
A.1.9 Oregon A-6
A. 1.10 Texas A-6
A. 1.11 Washington A-7
viii
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TABLE OF CONTENTS (Continued)
A.2 Regulations Applicable to Transporters A-7
A.2.1 California A-7
A.2.2 Maryland A-9
A.2.3 Minnesota A-9
A.2.4 Missouri A-10
A.2.5 Montana A-10
A.2.6 Oklahoma A-10
A.2.7 Oregon A-ll
A.2.8 Texas . A-ll
A.2.9 Washington A-12
A.3 Regulations Applicable to Storers, Treaters,
and Disposers A-13
A.3.1 California A-13
A.3.2 Georgia A-14
A.3.3 Illinois A-15
A.3.4 Maryland A-16
A.3.5 Minnesota A-16
A.3.6 Missouri A-17
A.3.7 Montana A-18
A.3.8 Oklahoma A-18
A.3.9 Oregon A-19
A.3.10 Texas A-20
A.3.11 Washington A-21
A.4 Examples of Other State Control Mechanisms A-22
A.4.1 Nebraska A-22
A.4.2 Utah A-23
A.5 Hazardous Waste Legislation for the U.S. Territories A-24
A.5.1 Territory of Guam A-24
A.5.2 Territory of American Samoa A-24
A.5.3 Trust Territory of the Pacific Islands A-25
A.5.4 Puerto Rico A-25
A.5.5 The U.S. Virgin Islands A-25
APPENDIX B - BASELINE SUBTITLE C REGULATIONS B-l
Subpart A - Criteria, Identification, and Listing of
Hazardous Waste B-l
ix
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TABLE OF CONTENTS (Continued)
Page
250.10 Purpose and Scope B-2
250.11 Definitions B-3
250.12 Criteria B-5
250.13 Hazardous Waste Characteristics B-7
250.14 Hazardous Waste Lists B-15
Appendix I - Explosion Temperature Test B-29
Appendix II - Separation Protocol B-30
Appendix III - Structural Integrity Procedure B-32
Appendix IV - pH Adjustment Procedures B-33
Appendix V - Sampling Methods B-34
Appendix VI - Pesticides B-35
Appendix VII - Department of Transportation (DOT)
Classification Poison A, Poison B,
or ORM-A B-37
Appendix VIII - Autoclave Speifications B-43
Appendix IX - CDC Classification of Etiologic Agents B-44
Appendix X - Radioactive Waste Measurements B-50
Appendix XI - Detection of Gene Mutations B-51
Appendix XII - Bioaccumulation Potential Test B-61
Appendix XIII - Controlled Substance List B-67
Appendix XIV - Priority Pollutants B-69
Subpart B - Standards Applicable to Generators of
Hazardous Waste B-74
250.20 Scope and Purpose B-75
250.21 Definitions B-77
250.22 Manifest B-80
250.23 Reporting B-83
250.24 Recordkeeping B-91
250.25 Containers B-91
250.26 Labeling Practices B-92
250.27 Confidential Information B-93
250.28 Presumption B-93
250.29 Transfer of Liability Contract B-93
Subpart C - Standards Applicable to Transporters of
Hazardous Wastes B-97
250.30 Scope B-98
250.31 Definitions B-99
250.32 Identification Code B-101
250.33 Recordkeeping B-101
250.34 Acceptance and Transfer of Hazardous Waste B-102
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TABLE OF CONTENTS (Continued)
250.35 Compliance with the Manifest
250.36 Delivery of Hazardous Wastes to a Designated
Permitted Facility B-105
250.37 Spills B-105
250.38 Placarding/Marking of Vehicles B-108
Subpart D - Standards for Owners and Operators of
Hazardous Waste Treatment, Storage, and
Disposal Facilities B-109
250.40 Scope/Applicability B-lll
250.41 Definitions B-113
250.42 Human Health and Environmental Standards B-127
250.43 General Facility Standards B-130
250.44 Standards for Storage B-169
250.45 Standards for Treatment/Disposal B-172
250.46 Special Waste Standards B-210
Annex 1 - Drinking Water Standards B-212
Annex 2 - Threshold Limit Values for Chemical
Substances B-213
Annex 3 - TSDF Report B-221
Annex 4 - Incompatible Wastes B-222
Annex 5 - Methods for Determining Soil pH B-225
Subpart E - Permit System for Facilities Which Treat, Store
or Dispose of Hazardous Waste B-227
250.60 Scope and Purpose B-229
250.61 Definitions B-229
250.62 Permit Provisions B-235
250.63 Application for a Permit B-244
250.64 Formulation of Tenative Determinations
and Draft Permit B-253
250.65 Request for Public Hearing and Notice of
Public Hearing B-256
250.66 Administrative Record B-264
250.67 Emergency Action B-266
250.68 Computation of Time B-266
Subpart F - Guidelines for State Hazardous Waste Programs B-268
250.70 Scope and Purpose B-269
250.71 Definitions B-269
250.72 Authorization B-271
xi
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TABLE OF CONTENTS (Continued)
250.73 Interim Authorization B-279
250.74 Federal Outsight of Authorized Programs B-282
250.75 Application Procedure B-285
250.76 Withdrawal of Authorization B-287
Subpart G - Preliminary Notification of Hazardous Waste
Activities B-289
250.800 Scope and Purpose B-290
250.801 Definitions B-290
250.810 Limited Interim Authorization B-293
250.811 Application Procedures for States B-294
250.812 Responsibilities and Authority of the EPA
Regional Administrator B-295
250.820 Who Must File Notification B-296
250.821 When to File Notification B-298
250.822 Where to File Notification B-299
250.823 Information Required in Notification B-299
APPENDIX C - CHARACTERIZATION OF POTENTIALLY HAZARDOUS
WASTES GENERATED BY SELECTED MANUFACTURING
INDUSTRIES C-l
C.I Textile Industry C-3
C.2 Inorganic Chemicals Industry C-6
C.3 Pharmaceutical Industry C-7
C.4 Paint and Allied Products Industry and Contract
Solvent Reclaiming Operations C-l2
C.4.1 Paint and Allied Products Industry C-l2
C.4.2 Contract Solvent Reclaiming Operations C-l6
C.5 Organic Chemicals, Pesticides, and Explosives
Industries C-17
C.6 Petroleum Refining Industry C-17
C.7 Petroleum Rerefining Industry C-34
C.8 Leather Tanning and Finishing Industry C-35
C.9 Metal Smelting and Refining Industry C-39
C.10 Electroplating and Metal Finishing Industries C-46
C.ll Special Machinery Manufacturing Industries C-48
C.12 Electronic Components Manufacturing Industry C-53
C.13 Storage and Primary Batteries Industries C-55
xii
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TABLE OF CONTENTS (Continued)
Page
APPENDIX D - TREATMENT AND DISPOSAL OF HAZARDOUS WASTES D-l
D.I Treatment Methods D-l
D.I.I Physical Treatment D-2
D.I.2 Chemical Treatment D-6
D.I.3 Biological Treatment D-9
D.I.4 Thermal Treatment D-l3
D.2 Methods for Ultimate Disposal D-19
D.2.1 Open Dumping D-20
D.2.2 Landfills D-21
D.2.3 Landfarming D-23
D.2.4 Surface Impoundments D-24
D.2.5 Incineration D-26
D.2.6 Road Application D-26
D.2.7 Detonation D-27
D.2.8 Engineered Storage D-27
D.3 Treatment and Disposal Practices by Selected
Manufacturing Industries D-28
D.3.1 Textiles Industry D-28
D.3.2 Inorganic Chemicals Industry D-30
D.3.3 Pharmaceutical Industry D-33
D.3.4 Paint and Allied Products Industries and
Contract Solvent Reclaiming Operations D-35
D.3.5 Organic Chemicals, Pesticides, and
Explosives Industries D-38
D.3.6 Petroleum Refining Industry D-44
D.3.7 Petroleum Rerefining Industry D-48
D.3.8 Leather Tanning and Finishing Industry D-51
D.3.9 Metal Smelting and Refining Industry D-54
D.3.10 Electroplating and Metal Finishing
Industries D-60
D.3.11 Special Machinery Manufacturing Industries D-62
D.3.12 Electronic Components Manufacturing Industry D-64
D.3.13 Storage and Primary Batteries Industries D-67
xiii
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TABLE OF CONTENTS (Continued)
APPENDIX E - CHARACTERIZATION OF THE HAZARDOUS WASTE
TRANSPORT INDUSTRY E-l
E.I Generator/Transporter E-3
E.2 Hazardous Waste Management Facility/Transporters E-7
E.3 For-Hire Transporters E-10
E.3.1 Common and Contact Highway Carriers E-10
E.3.2 Rail Transport E-14
E.3.3 Air Transport E-20
E.3.4 Pipeline Transport E-21
E.3.5 Waterway Transport E-22
APPENDIX F - POTENTIAL RECOVERY OF SPECIFIC HAZARDOUS WASTES
GENERATED BY SELECTED MANUFACTURING INDUSTRIES F-l
F.I Potential Recovery of Hazardous Wastes Generated by
the Inorganic Chemical Industry F-l
F.2 Potential Recovery of Hazardous Wastes Generated by
the Organic Chemical Industry F-4
F.3 Potential Recovery of Hazardous Wastes Generated by the
Metals Smelting and Refining Industries F-4
APPENDIX G - INDUSTRIAL WASTE CLEARINGHOUSES AND EXCHANGES G-l
G.I Iowa Industrial Waste Information Exchange G-5
G.2 California Industrial Waste Information Exchange G-7
G.3 National Clearinghouses G-9
APPENDIX H - METHODOLOGY FOR THE DERIVATION OF HAZARDOUS
WASTE GENERATION FACTORS H-l
H.I Methods of Quantifying Hazardous Wastes H-l
H.2 Data Sources H-4
H.3 Development of Generation Factors H-l2
H.4 Limitations of Generation Factors H-15
H.4.1 Comparability of Data Sources H-15
H.4.2 Possible Biases in Industry Coverage H-19
H.4.3 Possible Inaccuracies Due to Company Responses H-19
H.4.4 Aggregation at the Two-Digit SIC Level H-20
H.4.5 Waste Generation per Employee H-23
H.5 Application of Generation Factors H-23
xiv
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TABLE OF CONTENTS (Continued)
Page
APPENDIX I - DOCUMENTATION FOR PHASING CALCULATIONS 1-1
I.I Methodology 1-1
1.2 Operation 1-4
1.3 Output 1-4
1.4 Limitations and Applicability of Methodology 1-7
1.5 Program Listing 1-15
1.6 Glossary 1-15
APPENDIX J - HAZARDOUS WASTE INCIDENTS J-l
J.I Generation Incidents J-l
J.2 Transport Incidents J-2
J.3 Treatment and Lagoon Incidents J-3
J.4 Storage Incidents J-10
J.5 Disposal Incidents J-17
APPENDIX K - UNITED STATES DISTRIBUTION OF MANUFACTURING
FIRMS BY SIZE, IN STANDARD INDUSTRIAL
CLASSIFICATIONS 20 AND 22 THROUGH 39 ~ 1972 K-l
APPENDIX L - BACKGROUND INFORMATION ON GROUNDWATER
MOVEMENT AND CONTAMINATION L-l
L.I Occurrence and Movement of Groundwater L-l
L.2 Contamination of Groundwater L-6
L.3 Transport and Natural Attenuation of Contaminants L-7
APPENDIX M - BACKGROUND INFORMATION ON INCINERATION OF
HAZARDOUS WASTES M-l
APPENDIX N - PHASE I ALTERNATIVE N-l
Part 260 - Overview and Definitions N-2
Subpart A - Definitions N-3
Part 261 - Identification and Listing of Hazardous Waste N-5
Subpart A - General N-5
Subpart B - Criteria for Identifying and Applying
Characteristics of Hazardous Waste
and for Listing Hazardous Waste N-12
Subpart C - Characteristics of Hazardous Waste N-17
Subpart D - Lists of Hazardous Wastes N-22
xv
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TABLE OF CONTENTS (Continued)
Part 262 - Standards Applicable to Generators of Hazardous
Wastes - N-70
Subpart A - General N-71
Subpart B - The Manifest N-72
Subpart C - Pre-Transport Requirements N-73
Subpart D - Recordkeeping and Reporting N-75
Subpart E - Special Conditions N-77
Part 263 - Standards Applicable to Transporters of Hazardous
Waste N-86
Subpart A - General N-87
Subpart B - Compliance with the Manifest System
and Recordkeeping N-88
Subpart C - Hazardous Waste Discharges N-92
Part 264 - Standards for Owners and Operators
of Hazardous Waste Treatment, Storage, and
Disposal Facilities N-94
Subpart A - General N-96
Subpart B - General Facility Standards N-97
Subpart C - Preparedness and Prevention N-104
Subpart D - Contingency Plan and Emergency Procedures N-107
Subpart E - Manifest System, Recordkeeping,
and Reporting N-113
Subpart F - Ground-Water Monitoring N-118
Subpart G - Closure and Post-Closure N-126
Appendix I - Recordkeeping Instructions N-132
Appendix II - EPA Report Form and Instructions N-137
Appendix III - EPA Interim Primary Drinking Water
Standards N-147
Appendix IV - Tests for Significance N-148
Part 265 - Interim Status Standards for Owners and
Operators of Hazardous Waste Treatment,
Storage, and Disposal Facilities N-150
Subpart A - General N-155
Subpart B - General Facility Standards N-156
Subpart C - Preparedness and Prevention N-163
Subpart D - Contingency Plan and Emergency Procedures N-165
Subpart E - Manifest System, Recordkeeping, and
Reporting N-171
xvi
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TABLE OF CONTENTS (Concluded)
Subpart F - Ground-Water Monitoring N-175
Subpart G - Closure and Post-Closure N-182
Subpart H - Financial Requirements N-188
Subpart I - Use and Management of Containers N-208
Subpart J - Tanks N-210
Subpart K - Surface Impoundments N-214
Subpart L - Waste Piles N-218
Subpart M - Land Treatment N-220
Subpart N - Landfills N-226
Subpart 0 - Incinerators N-230
Appendix I - Recordkeeping Instructions N-233
Appendix II - EPA Report Form and Instructions N-238
Appendix III - EPA Interim Primary Drinking
Water Standards N-249
Appendix V - Examples of Potentially Incompatible
Waste N-251
Part 266 - Standards for Owners and Operators of
Facilities that Treat, Store, and/or Dispose
of Waste Identified for Discriminate
Standards N-255
Subpart A - General N-256
Subpart B - Uranium Mining and Phosphate
Rock Mining, Beneficiation, and
Processing Waste N-256
APPENDIX 0 - COMMENT LETTERS RECEIVED ON THE
DRAFT ENVIRONMENTAL IMPACT STATEMENT 0-1
0.1 American Textile Manufacturers Institue, Inc. 0-2
0.2 U.S. Department of Commerce 0-5
0.3 Department of Health, Education, and Welfare,
Public Health Service 0-9
0.4 The Utility Solid Waste Activities Group and
The Edison Electric Institute 0-12
0.5 Mobile Oil Corporation 0-66
0.6 American Petroleum Institute 0-72
0.7 Dow Chemical U.S.A. 0-87
APPENDIX P - LITERATURE CITED P-l
xvii
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LIST OF ILLUSTRATIONS
CONTENTS OF VOLUME I
5-1 Geographic Distribution of Hazardous Waste
Management Facilities 5-45
6-1 Cumulative Size Distribution of Hazardous Waste
Generators 1975 6-12
6-2 Cumulative Hazardous Waste Distribution 1975 6-13
CONTENTS OF VOLUME II
1-1 Cumulative Hazardous Waste Generation 1984 1-8
L-l Unconfined and Confined Aquifers L-2
M-l Air Emissions from Incineration of Selected
Pesticides at 1000 C and 2 Seconds Retention M-9
xviii
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LIST OF TABLES
CONTENTS OF VOLUME I
S-l Comparison of Potential Impacts of the Baseline
Regulations and the Phase I and the Enhanced and
the Lesser Degree of Public Health and Environmental
Protection Alternatives S-46
2-1 State Regulation and Control Authority 2-19
2-2 State Legislation Applicable to Hazardous Waste
Generators 2-24
2-3 State Legislation Applicable to Hazardous Waste
Transporters 2-25
2-4 State Legislation Applicable to Hazardous Waste
Treaters 2-26
2-5 State Legislation Applicable to Hazardous Waste
Storers 2-27
2-6 State Legislation Applicable to Hazardous Waste
Disposers 2-28
2-7 State Approach to Hazardous Waste Definition,
Monitoring, and Enforcement 2-29
4-1 Phasing of Generators 4-9
4-2 Enhanced Public Health and Environmental Protection 4-12
4-3 Lesser Degree of Public Health and Environmental
Protection 4-21
4-4 Phase I Alternative 4-29
5-1 Sources of Chemicals for Inclusion on the Initial
List of the Toxic Substance Control Act Interagency
Testing Committee 5-6
5-2 Examples of General Types of Potentially Hazardous
Waste Constituents 5-12
5-3 Examples of Potentially Hazardous Waste Streams from
Selected Manufacturing Industries 5-14
5-4 Examples of Spills of Potentially Hazardous Materials 5-23
5-5 Relative Amount of Hazardous Wastes Transported
Off-Site by Mode and Industry Segment 5-25
5-6 Examples of Storage Practices in Selected Industries 5-33
5-7 Estimated Portion of Hazardous Wastes from Fourteen
Manufacturing Industries Disposed by Method, 1973-1975 5-37
5-8 Estimated Percentage of Total Hazardous Wastes
Treated/Disposed On-Site by Various Methods for
Selected Industries - 1973 5-39
5-9 Estimated Percentage of Total Hazardous Wastes
Treated/Disposed Off-Site by Various Methods for
Selected Industries - 1973 5-40
xix
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LIST OF TABLES (Continued)
5-10 Estimated Percentage of Hazardous Wastes
Treated/Disposed or Recovered On-Site and
Off/Site 5-42
5-11 Estimated Percentage of Hazardous Wastes
Treated/Disposed by Level I, II, or III
Technology for Selected Manufacturing Industries 5-44
5-12 Capacity of Selected Hazardous Waste Management
Service Industry Processes •<• 1974 5-47
5-13 Types of Hazardous Wastes Handled and Typical
Treatment/Disposal Methods for the Hazardous
Waste Management Industry 5-49
5-14 Estimated Percentage of Hazardous Industrial
Wastes Disposed by Location or Reclaimed for
Selected States 5-50
5-15 Distribution of Hazardous Waste Recovery Operations
in the United States 5-54
5-16 Examples of Hazardous Waste Recovery and Recycling
Practices in Selected Industries 5-58
5-17 Waste Oil Sources and Uses, 1972 5H52
5-18 Estimated Magnitude of Hazardous Wastes from
Selected Industries that may be Potentially
Recoverable or Recyclable 5-65
5-19 Generation and Potential Use of Organic
Chemical Wastes 5-68
5-20 Industries and Hazardous Waste Types Studied for
Energy Recovery Potential 5-69
5-21 Estimated Annual Waste Quantities and Total
Recoverable Energy 5-70
6-1 Summary of Hazardous Waste Generated by EPA Region-1975 6-3
6-2 Estimated Annual Generation of Non-Manufacturing
Wastes Identified as Including Potentially
Hazardous Waste 6-6
6-3 EPA Hazardous Substance Spill File Summary
(February 1977 - February 1978) 6-17
6-4 Types of Discharges Reported for 1976 under
Section 311, PL-92-500 6-20
6-5 Sources of Discharges Reported for 1976 under
Section 311, PL 92-500 6-22
6-6 Commodities Named Most Often in Hazardous Materials
Incident Reports 6-23
6-7 Summary - State Control over Hazardous Wastes 6-25
6-8 Hazardous Waste Control in Large Generator States 6-26
xx
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LIST OF TABLES (Continued)
Page
7-1 Number and Types of Reported Incidents from the
Improper Management of Hazardous Wastes 7-3
7-2 Estimated Quantity of Hazardous Manufacturing
Wastes and Number of Establishments Excluded
from Regulation at a Generator Limit of 100 kg/mo 7-8
7-3 Number of Manufacturing Establishments by 2-Digit
SIC Code 7-46
7-4 Number of Manufacturing Establishments by EPA Region 7-47
7-5 Potential Hazardous Waste Generators within Selected
Manufacturing Industries by EPA Region 7-49
7-6 Estimated Number of Potential Producers of Hazardous
Wastes within Selected Categories 7-50
7-7 Estimated Number of Potential Permittees 7-54
7-8 Estimated Change in Vehicular Emissions in 1984 from
Transport of Hazardous Industrial Wastes under
Subtitle C Regulations 7-78
7-9 Gas Composition Data 7-84
7-10 Origins and Pollutants in 57 Cases of Ground Water
Contamination in the Northeast Caused by Leakage
of Waste Water from Surface Impoundments 7-128
7-11 Summary of Data on 42 Municipal and 18 Industrial
Contamination Cases 7-130
7-12 Groundwater Contamination from Industrial Waste
Land Disposal Sites 7-132
7-13 Properties of Wastes that are Hazardous to Living
Systems 7-169
7-14 Generalized Patterns of the Response of Biological
Systems to Increased Levels of Environmental Stress 7-170
7-15 Estimated Change in Fuel Consumption in 1984 from
Transport of Hazardous Industrial Wastes under
Subtitle C Regulations 7-210
8-1 Regulated Hazardous Manufacturing Wastes During the
First Year of Phasing (1980) by Region and SIC Code 8-9
8-2 Regulated Hazardous Manufacturing Wastes During the
Second Year of Phasing (1981) by Region and SIC Code 8-10
8-3 Regulated Hazardous Manufacturing Wastes During the
Third Year of Phasing (1982) by Region and SIC Code 8-11
8-4 Regulated Hazardous Manufacturing Wastes During the
Fourth Year of Phasing (1983) by Region and SIC Code 8-12
8-5 Estimated Change in Vehicular Emissions in 1984 from
Transport of Additional Hazardous Industrial Wastes
under Subtitle C Regulations 8-36
xxi
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LIST OF TABLES (Continued)
8-6 Estimated Change in Fuel Consumption in 1984 from
Transport of Additional Hazardous Industrial Wastes
under Subtitle C Regulations 8-67
8-7 Estimated Quantity of Hazardous Manufacturing
Wastes and Number of Establishments Excluded
from Regulation at a Generator Limit of 1,000
Kilograms Per Month 8-72
8-8 Estimated Change in Vehicular Emissions in 1984
from Transport of Less Hazardous Industrial Wastes
under Subtitle C Regulations 8-88
8-9 Estimated Change in Fuel Consumption in 1984 from
Transport of Less Hazardous Industrial Wastes under
Subtitle C Regulations 8-116
CONTENTS OF VOLUME II
C-l Typical Waste Solvents Generated by the
Pharmaceutical Industry C-9
C-2 Typical Potentially Hazardous Wastes Generated
During Pharmaceutical Active Ingredient Production C-10
C-3 Selected Potentially Hazardous Waste Constituents
from the Paint and Allied Products Industry C-14
C-4 Potentially Hazardous Components of Selected Waste
Streams from the Organic Chemicals, Pesticides, and
Explosives Industries C-18
C-5 Potentially Hazardous Waste Stream Components by
Standard Industrial Classification, Organic
Chemicals and Technical Pesticides Industries C-21
C-6 Potentially Hazardous Constituents of Petroleum
Refining Waste Streams C-30
C-7 Potentially Hazardous Materials Contained in
Petroleum Re-refining Sludge C-36
C-8 Potentially Hazardous Tannery Waste Constituents C-38
C-9 Potentially Hazardous Waste Streams from Metal
Smelting and Refining C-40
C-10 Potentially Hazardous Waste Constituents Generated
by Metal Smelting and Refining Industries C-42
C-ll Typical Constituents of Potentially Hazardous
Waste Streams in the Special Machinery Manufacturing
Industries C-50
xxii
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LIST OF TABLES (Continued)
C-12 Potentially Hazardous Waste Streams from the Production
of Storage Batteries C-57
C-13 Potentially Hazardous Waste Streams from the
Production of Primary Batteries C-59
D-l Typical Hazardous Waste Handling Procedures for
the Textiles Industry D-29
D-2 Typical Hazardous Waste Handling Procedures for
the Inorganic Chemicals Industry D-31
D-3 Typical Hazardous Waste Handling Procedures for
the Pharmaceutical Industry D-34
D-4 Typical Hazardous Waste Handling Procedures for
the Paint and Allied Products Industry and
Contract Solvent Reclaiming Operations D-36
D-5 Typical Hazardous Waste Handling Procedures for
the Organic Chemicals and Pesticides Industry D-39
D-6 Percentage of Hazardous Wastes Treated/Disposed
On-Site and Off-Site at Selected Organic Chemical
Plants in 1973 D-43
D-7 Typical Hazardous Waste Handling Procedures for
the Petroleum Refining Industry D-45
D-8 Estimate of the Percentage of Wastes Disposed/Treated
On-site and Off-site by Petroleum Refinery
in 1973 and 1983 D-49
D-9 Typical Hazardous Waste Handling Procedures for the
Petroleum Rerefining Industry D-50
D-10 Percentage of Potentially Hazardous Waste Disposed
On-site and Off-site or Recycled in 1975 D-52
D-ll Typical Hazardous Waste Handling Procedures for the
Leather Tanning and Finishing Industry D-53
D-12 Typical Hazardous Waste Handling Procedures for the
Metal Smelting and Refining Industry D-55
D-l3 Typical Hazardous Waste Handling Procedures for the
Electroplating and Metal Finishing Industry D-61
D-l4 Typical Hazardous Waste Handling Procedures for the
Special Machinery Industry D-63
D-15 Typical Hazardous Waste Handling Procedures for the
Electronic Components Industry D-65
D-16 Typical Hazardous Waste Handling Procedures for the
Storage and Primary Batteries Industries D-68
E-l Relative Amount of Hazardous Wastes Transported Off-
Site by Mode and Industry Segment E-4
E-2 Examples of Types of Vehicles Used by Generators Who
Transport Wastes E-6
E-3 Wastes Listed in the Hazardous Materials Table E-16
xxiii
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LIST OF TABLES (Continued)
Page
E-4 Estimated Annual Carloads of Selected Potentially
Hazardous Wastes Carried on Railroads in 1976 E-17
F-l Summary of Technically Demonstrated Alternative
Treatment Systems for Wastes Generated by the
Inorganic Chemical Industries F-2
F-2 Cost Comparison of Resource Recovery Treatment
Systems with Landfill Options for Wastes Generated by F-5
Inorganic Chemical Industries F-3
F-3 Summary of Alternative Treatment Systems for Waste
Generated by the Organic Chemicals Industry F-5
F-4 Cost Comparison of Resource Recovery Treatment
Systems with Landfill or Incineration Options for
Wastes Generated by the Organic Chemicals, Pesticides
and Explosives Industries F-8
F-5 Summary of Alternative Treatment Systems for Waste
Generated by the Metals Smelting and Refining
Industries F-9
F-6 Cost Comparison of Resource Recovery Treatment Systems
with Landfill Options for Wastes Generated by the
Metal Smelting and Refining Industries F-l2
G-l Comparison of Clearinghouses and Exchanges G-2
G-2 Approximate Quantities of Hazardous Waste Listed on
the Iowa Industrial Waste Information Exchange in 1976
and 1977 G-6
H-l Data Sources for Generation Factors H-14
H-2 Generation Factors for the Calculation of Estimated
Quantities of Hazardous Waste Generated by Manufac-
turing Industries (Based on Employment) H-16
H-3 Standard Industrial Classification Major Group 31 -
Leather and Leather Products H-22
H-4 Summary of Hazardous Waste Generated by EPA Region —
1975 (1000 Metric tons per year) H-24
1-1 Approximate Distribution of Hazardous Manufacturing
Wastes Subject to Regulation in 1984 - Generation Limit
100 kg/mo (All wastes in 1000's of metric tons per
year) 1-5
1-2 Employee Ratios, 1975/1972 1-11
1-3 Ratio of total Employees by Interpolation to Given
Total - 1972 1-12
1-4 Program Listing 1-16
K-l United States Distribution of Manufacturing Firms by
Size for Standard Industrial Classifications 20 -
Food and Kindred Products K-2
xxiv
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LIST OF TABLES (Continued)
K-2 United States Distribution of Manufacturing Firms by
Size for Standard Industrial Classification 22 -
Textile Mill Products K-3
K-3 United States Distribution of Manufacturing Firms by
Size for Standard Industrial Classification 23 -
Apparel and Other Textile Products K-4
K-4 United States Distribution of Manufacturing Firms by
Size for Standard Industrial Classification 24 -
Lumber and Wood Products K-5
K-5 United States Distribution of Manufacturing Firms
by Size for Standard Industrial Classification
25 - Furniture and Fixtures K-6
K-6 United States Distribution of Manufacturing Firms
by Size for Standard Industrial Classification
26 - Paper and Allied Products K-7
K-7 United States Distribution of Manufacturing Firms
by Size for Standard Industrial Classification
27 - Printing and Publishing K-8
K-8 United States Distribution of Manufacturing Firms
by Size for Standard Industrial Classification
28 - Chemicals and Allied Products K-9
K-9 United States Distribution of Manufacturing Firms
by Size for Standard Industrial Classification
29 - Petroleum and Coal Products K-10
K-10 United States Distribution of Manufacturing Firms
by Size for Standard Industrial Classification
30 - Rubber and Plastics Products K-ll
K-ll United States Distribution of Manufacturing Firms
by Size for Standard Industrial Classification
31 - Leather and Leather Products K-12
K-12 United States Distribution of Manufacturing Firms
by Size for Standard Industrial Classification
32 - Stone, Clay, and Glass Products K-13
K-13 United States Distribution of Manufacturing Firms
by Size for Standard Industrial Classification
33 - Primary Metal Industries K-14
K-14 United States Distribution of Manufacturing Firms
by Size for Standard Industrial Classification
34 - Fabricated Metal Products K-15
K-15 United States Distribution of Manufacturing Finns
by Size for Standard Industrial Classification
35 - Machinery Except Electrical K-16
xxv
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LIST OF TABLES (Concluded)
K-16 United States Distribution of Manufacturing Firms
by Size for Standard Industrial Classification
36 - Electric and Electronic Equipment K-17
K-17 United States Distribution of Manufacturing Firms
by Size for Standard Industrial Classification
37 - Transportation Equipment K-18
K-18 United States Distribution of Manufacturing Firms
by Size for Standard Industrial Classification
38 - Instruments and Related Products K-19
K-19 United States Distribution of Manufacturing Firms
by Size for Standard Industrial Classification
39 - Miscellaneous Manufacturing Industries K-20
L-l Compounds Identified in Groundwater from Landfill
Well L-8
L-2 Range of Leachate Composition in 18 Sanitary Land-
fills in the United States L-10
M-l Characteristics of Incineration of Selected
Hazardous Wastes M-5
M-2 Trace Metals on Particulate Filters from Test
Incineration of Methyl Methacrylate Wastes M-6
M-3 Uncontrolled Emissions from Combustion of Selected
Munitions in Rotary Kiln Incineration M-l2
M-4 Emission Rates from Open Burning of Selected
Energetic Materials M-l3
M-5 Detonation Products of Confined and Unconfined
Explosions M-l4
M-6 Mass Spectrographic Analysis of Exhaust Gasses from
Fluidized - Bed Incineration of Solvent Recovery
Sludges from Paint Production M-16
M-7 Analysis of Ash from Incinerated Solvent Recovery
Still Bottoms at One Paint Production Facility M-l7
M-8 Ambient Air Concentrations of Lead Near Various
Facilities Burning Waste Oil as Fuel M-19
xxvi
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APPENDIX A
SELECTED STATE HAZARDOUS WASTE REGULATIONS
This appendix contains brief descriptions of selected state
hazardous waste regulations as of 1978. These descriptions are
presented solely to enable a better understanding of the intent of
the state regulations summarized in Chapter 2. The descriptions are
not meant to provide an exhaustive delineation of the hazardous waste
regulating that exist in each of the selected states. This appendix
also presents selected examples of mechanisms used by some states to
control hazardous wastes in the absence of specific hazardous waste
legislation.
A.I Regulations Applicable to Generators
The following is a summary of promulgated and proposed state
hazardous waste regulations that apply to generators of hazardous
waste.
A.1.1 California. Based on the revised regulations for hazard-
ous waste (State of California, 1977a):
• Permit System. The producer of an extremely hazardous
waste, as defined in the regulations, shall apply for a
permit before these wastes can be disposed. The application
for this permit should include information on the amount and
type of waste, the proposed method for handling and disposal,
and the name and address of the proposed hauler and disposer.
This permit is required in addition to the manifest.
• Manifest System. The producer of any hazardous or extremely
hazardous waste to be disposed off-site by other than a
pipeline shall complete and sign the Producer of Waste sec-
tion of the manifest, documenting the quantity and charac-
teristics of the waste. The producer of the waste shall
include transportation data on the manifest as required by
A-l
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the California Highway Patrol. In cases where a different
waste hauler is utilized, a new manifest is required. Each
manifest shall indicate the volume of waste to be transported
by the hauler. Each month the producer shall submit a copy
of each manifest containing all the information required in
the Producer and Hauler sections of the manifest.
• Recordkeeping. Where a producer is also an on-site disposer
of hazardous materials, a record of all waste disposal dur-
ing the previous month, giving a qualitative and quantitative
summary, and the plan of disposal shall be kept and submitted
to the Department each month.
• Reporting. Operators of on-site disposal facilities are to
submit monthly reports to the Department on the information
compiled in records and on the amounts of fees due payable
to the Department.
• Inspection. The Director may inspect any facility where haz-
ardous wastes are kept, obtain samples, or inspect records
relating to the management of hazardous wastes.
• Enforcement. The requirements of compliance are to be en-
forced by the Director or any authorized representative.
A.1.2 Georgia. Based on Guidelines for the Management of
Hazardous Solid Wastes (State of Georgia, 1977):
• Permit System. Generators of hazardous wastes must submit^
a request for approval of management procedures planned for
the handling and disposal of hazardous wastes.
• Recordkeeping. Records of the amounts, characteristics, and
dates hazardous wastes are sent to approved hazardous
waste disposal sites must be made available for examination
by the Environmental Protection Division.
• Enforcement. Enforcement is promulgated under the authority
of Act 1486, Solid Waste Management Act, Georgia Laws of
1972, as amended.
A.1.3 Illinois.
Permit System. All generators of hazardous wastes have
been identified and their wastes characterized as part of
the solid waste management program. A generator of hazard-
ous wastes must file an application giving the quantity and
A-2
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characteristics of the waste going for disposal. A permit
is also required for on-site disposal.
• Manifest System. The applicant's permit must match up with
that of the disposer's permit.
• Enforcement. Although there are no formalized regulations
at this time, the enforcement of the system is carried out
through the authority of the Illinois Environmental Protec-
tion Agency, Division of Land Pollution Control.
A.1.4 Maryland. Based on Title 08 Department of National
Resources, Subtitle 05 Water Resources Administration, Section
08.05.05 Control of the Disposal of Designated Hazardous Substances:
• Permit System. Generators are required to notify the Admin-
istration as required, giving the names and volumes of wastes
and a plan of disposal.
• Manifest System. For a Class I or Class II hazardous waste,
the generator shall provide two copies of the manifest to a
certified hauler and one copy to the Administration specify-
ing the origin and destination of the waste, the volume and
character of the waste, and potential dangers to the public
and the environment.
• Reporting. Reporting shall be consistent with the require-
ments developed by other State agencies.
• Monitoring. Monitoring shall be consistent with the require-
ments developed by other State agencies.
• Enforcement. Violators shall be subject to the civil and
criminal liabilities as specified in the Natural Resources
Article, Annotated Code of Maryland.
A.1.5 Minnesota. Based on the proposed rules from the
Pollution Control Agency for the disposal of hazardous waste:
• Permit System. Part of the required disclosure shall include
the NPDES or State Disposal Permit number where applicable.
• Manifest System. The generator of the waste shall be re-
quired to prepare hazardous waste shipping papers. These
shipping papers are to include information on the generator,
A-3
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the identifying shipping number, the amount and full charac-
teristics of the waste, procedures for safety and accident
occurrences, other wastes to be combined, the transporters'
agency identification number, and any other information the
generator deems important. Upon transfer of the waste, the
transporter or facility operator accepting the waste shall
sign each copy of the shipping papers. The generator of a
shipment of hazardous waste shall maintain the original copy
of the shipping papers for five years. At the request of the
Director of the Agency, the generator shall submit a copy of
the shipping papers to the Agency.
• Recordkeeping. The generator of a shipment of hazardous
waste shall retain a copy of the shipping papers for five
years.
• Reporting. Each generator is required to submit a disclosure
to the Agency for quantities being transported within the
state or outside the state. For existing wastes, the
generator shall submit this disclosure within one year, and
for new wastes, the generator shall submit the disclosure
within 90 days after first producing the waste. Accidents
and/or spills are to be reported.
• Inspection. An authorized party of the Agency may enter the
property where a waste is produced and collect samples of the
waste for further examination.
• Enforcement. The Minnesota Pollution Control Agency is
designated as the agency responsible for enforcement of the
proposed regulations.
A.1.6 Missouri. Based on Missouri Hazardous Waste Management
Law HB 318:
• Manifest System. In order that the waste may be tracked, a
shipping document or manifest must be initiated by the waste
generator. A copy shall be retained by the generator and by
the Department of Natural Resources.
• Reporting. Generators must register their hazardous wastes
with the Department in order to comply with the manifest
requirements.
• Enforcement. Enforcement of this law is the responsibility
of the Department of Natural Resources. Intentional falsi-
fication of information or records is subject to fine
and/or imprisonment.
A-4
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A.1.7 Montana. Based on the 1977 Montana State Plan for Solid
Waste and Hazardous Waste Management and Resource Recovery (State of
Montana, 1977) and the Montana Solid Waste Management Act:
• Permit System. Where the generator of hazardous waste is
disposing on-site, a permit or license is required by the
state based on approval of site characteristics, engineering
designs, and operational plans.
• Manifest System. The generator of a shipment of hazardous
waste shall fill out the assigned portion of the manifest
which will accompany the waste to the disposal site.
• Recordkeeping and Reporting. Generators shall be required
to keep records and submit reports concerning the quanti-
ties, types, and deposition of hazardous wastes.
• Inspection. Where wastes are disposed or stored on-site,
the State has the authority to inspect the facility for
compliance with the Montana Solid Waste Management Act.
• Enforcement. Enforcement of the plan for hazardous waste
management is carried out through the authority of the
Montana Department of Health and Environmental Sciences.
A.1.8 Oklahoma. Based on the contents of Rules and Regulations
for Industrial Waste Management (State of Oklahoma, 1977):
• Manifest System. Although not called a "manifest" per se,
all generators of industrial waste shall file a plan with the
Department to include the quantity and characterization of
the waste; the percentage of liquids; the type, volume, and
duration of storage facilities; the disposal method proposed,
including any pretreatment; the disposal sites used; and the
waste haulers used. In addition, the generator shall provide
three copies of a shipping report to the hauler for each load
of waste material shipped. This shipping report will contain
the assigned disposal plan number, the type, amount, ap-
proximate content, origin, and destination of the waste.
• Reporting. The generator shall submit annual reports to the
Department.
• Enforcement. Legal enforcement is based on the authority
granted under The Oklahoma Industrial Waste Disposal Act,
Title 63.
A-5
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A.1.9 Oregon. Based on Oregon Hazardous Waste Management
Regulations (State of Orgeon, 1976):
• Manifest System. The State is presently in the process of
designing a workable manifest system. Generators shall be
required to use a department-approved manifest to assure that
all hazardous wastes generated are destined for treatment,
storage, or disposal at approved facilities.
• Recordkeeping. The generator shall keep records that accur-
ately identify the quantities, constituents, and disposition
of the hazardous wastes.
• Reporting. The generator shall submit reports to the
department determining the quantities of hazardous waste
generated during a given period of time and the disposition
of all such wastes.
• Enforcement. Both the existing and proposed regulations are
to be enforced under the authority of the Department of En-
vironmental Quality.
A.1.10 Texas. Based on Texas Regulation of Industrial Solid
Waste Management (State of Texas, 1975) and Municipal Solid Waste
Management Regulations (State of Texas, 1977a):
• Manifest System. All off-site shipments of industrial wastes
must be accompanied by a Texas Water Quality Board Industrial
Waste Shipping Control Ticket. One copy of this ticket will
be retained for the generator's records.
• Recordkeeping. Generators of Class I waste shall compile a
monthly Off-Site Disposal Summary from their copies of ship-
ping tickets. Generators who dispose of Class I or Class II
industrial waste on-site must maintain records of their on-
site disposal activity. These records shall include, as a
minimum, information regarding the quantity, character, and
classification of the waste and the method and location of
disposal. All copies of shipping tickets and records of
Class II off-site disposal and records of Class I and Class
II on-site disposal shall be retained for at least three
ye ar s.
• Reporting. Generators of Class I waste shall submit a month-
ly Off-Site Disposal Summary to the Texas Water Quality
A-6
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Board itemizing the quantity and classification of waste by
shipping ticket number. This summary shall be submitted
monthly regardless of the number of shipments made during the
month. On-site generators who dispose of Class I or Class II
waste may be required to compile an Annual Disposal Summary
from their records to be submitted to the Texas Water Quality
Board.
• Enforcement. Legal enforcement is based on the authority of
the Texas State Department of Health, and the Texas Water
Quality Board.
A. 1.11 Washington. Based on the proposed draft regulations:
• Manifest System. It is the responsibility of the generator
of the waste to fill out the manifest, as supplied with the
generator's name and address, the origin, quantity, quality,
maximum and minimum percentages of the components, measures
to be taken in case of an accident, and other data as re-
quested by the Department. The requirements for the manifest
include notifying the disposal site operator, preparing the
hazardous waste for shipment by compliance with the Utilities
and Transportation Commission, and the Department of Trans-
portation. The original of each manifest is given to the
transporter, and written notification of each transfer is
sent to the Department. Manifest information is contained
under Section WAG 173-302-80 and WASC 173-302-190. Treaters
are considered as generators when the treatment process only
partly treats an environmentally hazardous waste.
• Enforcement. Enforcement of hazardous waste regulations
is enumerated under Hazardous Waste Disposal, Section RCW
70.105.080. The authority of enforcement is carried out by
the Department and is enforceable under penalty.
A.2 Regulations Applicable to Transporters
The following is a summary of promulgated and proposed state
hazardous waste regulations that apply to the transporters of
hazardous waste.
A.2.1 California. Based on the revised regulations for
hazardous waste (State of California, 1977a):
A-7
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• Permit System (Registration). Although not operated as a
permit system, all transporters of hazardous waste must ap-
ply for registration as a hazardous waste hauler. Persons
registered by the State Water Resources Control Board as
liquid haulers will be registered as hazardous waste haulers
by reciprocity upon signing a statement certifying that the
applicant understands and will comply with applicable re-
quirements. The Director retains the authority to suspend
or revoke registration as a hauler of hazardous wastes.
• Manifest System. The hauler may not accept hazardous wastes
unless the manifest has been completed and signed by the gen-
erator of the waste. After completing the Hauler and Waste
section of the manifest, the hauler shall have a copy of the
completed manifest while transporting the hazardous waste
and shall provide the operator of the disposal site with a
copy. Haulers transporting hazardous waste into or out of
the state shall retain a completed copy of the manifest while
in transit. Haulers transporting hazardous wastes out of
state shall forward to the Department a copy of the manifest
completed by the producer, the hauler, and the disposer.
• Recordkeeping. Hazardous waste haulers shall maintain re-
cords for at least three years on the character and quantity
of waste transported, to include pertinent information on
the producer and disposer.
• Reporting. The hauler is to submit to the Department a copy
of the manifest completed by the producer, hauler, and fa-
cility operator for each load of hazardous waste transported
out-of-state within 30 days of the date that the load is
transported. In addition, the hauler shall comply with re-
porting requirements, as indicated by the California Highway
Patrol regarding the transportation of hazardous materials.
Under Section 60263, haulers of hazardous wastes are obliga-
ted to report, within 24 hours, any accidents or incidents
which could result in adverse effects, or the discharge of
hazardous wastes outside of the designated disposal area.
A written report of the incident may also be requested.
• Inspection. The Director of the Department is authorized
to inspect any vehicle suspected of transporting hazardous
wastes and to obtain samples of the waste in transport.
• Enforcement. The requirements of compliance are to be
enforced by the Director or any authorized representative.
A-8
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A.2.2 Maryland. Based on Title 08 Department of Natural
Resources, Subtitle 05 Water Resources Administration, Section
08.05.05 Control of the Disposal of Designated Hazardous Substances:
• Permit System (Certification). The transporter shall submit
a request for certification providing information on the na-
ture and quantity of hazardous waste transported, the source
and destination of the waste, the method of transport, and
specific information on the transport vehicle. Certification
shall be carried in the vehicle at all times.
• Manifest System. The transporter must provide a copy of
the manifest to the facility operator.
• Reporting. The transporter must report periodically on the
source, destination, volume, and nature of hazardous waste
transported.
• Enforcement. Violation shall be subject to the civil and
criminal liabilities as specified in the Natural Resources
Article, Annotated Code of Maryland.
A.2.3 Minnesota. Based on the Proposed Rules from the
Pollution Control Agency for the Disposal of Hazardous Waste:
• Permit System. All transporters are required to register
with the Agency and obtain an identification number prior to
transporting hazardous wastes.
• Manifest System. The transporter shall not accept any
shipment of hazardous waste unless it is accompanied by
generator copies of the hazardous waste shipping papers. The
transporter shall sign the shipping papers, retain one copy,
and shall return one copy to the generator after re-
linquishing possession of the waste.
• Recordkeeping. The transporter shall maintain a copy of the
shipping papers for five years.
• Reporting. Accidents and/or spills are to be reported to the
Agency.
• Enforcement. The Minnesota Pollution Control Agency is
designated as the agency responsible for enforcement of the
proposed regulations.
A-9
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A.2.4 Missouri. Based on Missouri Hazardous Waste Management
Law HB 318:
• Permit System (License). Transporters must obtain a license
from the Department of Natural Resources demonstrating that
their equipment and operations meet Federal hazardous
materials safety standards. Demonstration of financial re-
sponsibility and annual fees up to $100 per year may be re-
quired.
• Manifest System. The manifest shall accompany the waste in
transport, and a copy will be retained by the transporter.
Transporters may accept only shipments of hazardous waste ac-
companied by a manifest.
• Enforcement. Enforcement of the law is the responsibility of
the Department of Natural Resources. The Highway Patrol and
other law enforcement agencies are empowered to arrest and
retain transporters violating any transportation provisions
of the law.
A.2.5 Montana. Based on the 1977 Montana State Plan For Solid
Waste and Hazardous Waste Management and Resource Recovery (State of
Montana, 1977) and the Montana Solid Waste Management Act:
• Permit System (License). Each person or business involved in
the transport of hazardous materials must be licensed by the
State Department of Health and Environmental Sciences.
• Manifest System. The transporter of hazardous wastes shall
complete the appropriate sections of the manifest form.
• Recordkeeping. All transporters of hazardous waste shall
maintain records concerning the wastes transported.
• Enforcement. Enforcement of the plan for hazardous waste
management is carried out through the authority of the Mon-
tana Department of Health and Environmental Sciences.
A.2.6 Oklahoma. Based on the contents of Rules and Regulations
for Industrial Waste Management (State of Oklahoma, 1977):
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• Permit Systems. Transporters of industrial wastes must be
licensed by the Department.
• Manifest System. The generator of the waste shall provide a
copy of the manifest. The drivers shall have the manifest in
their possession while carrying the waste and shall sur-
render the manifest to the disposer at the time of delivery.
• Reporting. The transport of industrial wastes into Oklahoma
shall be in accordance with reciprocity agreements, approved
by the Director of the Controlled Industrial Waste Management
Section and by the Governor.
• Enforcement. Legal enforcement is based on the authority
granted under the Oklahoma Industrial Waste Disposal Act,
Title 63.
A.2.7 Oregon. Based on Oregon Hazardous Waste Management
Regulations (State of Oregon, 1976):
• Permit System. Transportation of hazardous wastes shall be
in compliance with the rules of the Public Utility Com-
missioner of Oregon and other local, State, or Federal
agencies.
• Manifest System. Transporters shall be required to deliver
hazardous wastes to a site named in the manifest.
• Enforcement. Both the existing and proposed regulations are
enforceable under the authority of the Department of En-
vironmental Quality.
A.2.8 Texas. Based on Texas Regulation on Industrial Solid
Waste Management (State of Texas, 1975) and Municipal Solid Waste
Management Regulations (State of Texas, 1977a):
• Manifest System. The carrier receiving industrial wastes for
shipment will complete Part II of the shipping ticket and de-
liver the waste materials and shipping ticket to the de-
signated destination. Upon delivery, the carrier shall ob-
tain the signature of the receiving waste manager or other
authorized representative. The carrier shall return the
original to the shipper and retain the final copy for his
records.
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• Recordkeeping. Shippers shall keep records of Class I waste
and shall compile a monthly Off-Site Disposal Summary from
their copies of shipping tickets. For on-site disposal,
shippers shall keep records of Class II waste shipped without
shipping tickets. These records must include, as a minimum,
the carrier identity, date of shipment, and the waste de-
scription and quantity.
• Reporting. Carriers and shippers shall compile a monthly
Off-Site Disposal Summary from their copies of shipping
tickets to be submitted to the Texas Water Quality Board.
The quantity and classification of waste shall be itemized
by shipping ticket number.
• Enforcement. Legal enforcement is based on the authority
of the Texas State Department of Health, and the Texas Water
Quality Board.
A.2.9 Washington. Based on Hazardous Waste Regulations WAG
173-302:
• Manifest System. It is the responsibility of the transporter
to follow all existing requirements of the Utilities and
Transportation Commission and the Department of
Transportation. In addition, the transporter must transport
the manifest with the waste and must deliver the manifest
along with the waste to the treater or disposer. The
transporter shall accept a separate manifest for each
chemically separate and distinct waste being shipped.
• Reporting. Following an accident or spill, the transporter
shall follow procedures as indicated on the back of the man-
ifest.
• Inspection. The transporter shall inspect the vehicle after
unloading to insure it has been rinsed and cleaned and that
all of the delivered material has been transferred.
• Enforcement. Hazardous materials delivered out-of-state,
or within the state are subject to the authority of the
department.
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A.3 Regulations Applicable to Off-Site Storers, Treaters, and
Disposers
The following is a summary of promulgated and proposed state
hazardous waste regulations that apply to off-site storers, treaters,
and disposers of hazardous waste.
A.3.1 California. Based on the revised regulations for
hazardous waste (State of California, 1977a):
• Permit System. A permit is required to establish, operate,
or maintain a hazardous waste facility. In obtaining such a
permit, an application must be filed with the Department;
a report describing potential impacts to the environment may
be required. An operation plan is also required which shall
include the general characteristics and amounts of hazardous
waste handled or received; a list of equipment kept on-site;
a general description of operational procedures; a descrip-
tion of procedures for closure of the site; a map of the
facility with specifications; and a contingency plan for
emergencies or accidents. Before a permit can be issued, the
regional water quality control board must issue discharge re-
quirements. Among the conditions to be met is a review of
the permit at least every five years. The operator of a dis-
posal facility shall comply with permit modifications as is-
sued by the Department. The Department has the authority to
modify, suspend, or revoke a permit. Wastes considered as,
extremely hazardous will be regulated by permit in a similar,
but distinctly separate manner in order to distinguish them
from other hazardous wastes. A permit for recurring
disposal of extremely hazardous wastes, valid for up to 12
months, will be available for extremely hazardous waste that
is routinely produced.
• Manifest System. The operator of an off-site hazardous waste
facility will inspect the delivered wastes before accepting
them to assure that they are essentially the same as indi-
cated by the producer on the manifest. After completing the
Disposer of Waste section, copies of the manifest are for-
warded to the Department on a monthly basis.
• Recordkeeping. Hazardous waste facility operators shall
maintain records for at least three years on the character
and quantity of waste received, hauled, or stored at the
site; information on the producer, hauler, and processor; and
a grid showing the location of disposal at the site.
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• Reporting. Article 6, Section 60259, provides for the
generation of monthly reports by the operator of off-site
hazardous waste facilities. These reports are to include the
amount of fees due and payable to the Department; informa-
tion on the individual amounts of hazardous waste delivered
through separate copies of the completed manifest; and a
report collectively summarizing the quantities of hazardous
waste disposed of for the previous month. Records of hazard-
ous waste delivered by pipeline or disposed on-site should
contain the same information as requested in the generator's
copy of the manifest and are to be submitted to the
Department on a monthly basis. Operators of hazardous waste
facilities shall report within 24 hours any incident
affecting public health and safety, wildlife, or incidents
that could adversely affect any area other than that of the
designated disposal site. A written report may be required
by the Department.
• Inspection. The Director is authorized to inspect a factory,
plant, construction site, waste disposal site, or transfer
station and to obtain samples or conduct tests. The
inspector is authorized to prepare a report listing any
deficiencies found during the inspection, with a copy to be
provided to the operator of the facility. If corrections are
needed, the operator will provide a written plan of
correction, stating actions to be taken and the dates of
completion. Under the request of the inspector, the operator
of the facility being inspected shall retain evidence as
instructed by the inspector.
• Enforcement.. The requirements of compliance are to be
enforced by the Director or any authorized representative.
A.3.2 Georgia. Based on Guidelines for the Management of
Hazardous Solid Waste, (State of Georgia, 1977):
• Permit System. As required in the solid waste regulations,
a geologic and engineering report must be approved by the
state for the operation of any disposal site. A permit is
also required to store hazardous wastes or to send them
out-of-state.
• Recordkeeping. A record or log of disposal activities is
required of the site operators to include the characteristics
and amounts of the hazardous waste, the date of disposal,
the location of burial in the site, and other data as
determined by the Environmental Protection Division.
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• Monitoring. At least one groundwater monitoring well will
be required at a site. The Division requires initial water
samples prior to the start of operation, quarterly samples
from nearby water supply wells, and periodic samples from
nearby surface waters.
• Enforcement. Enforcement is promulgated under the author-
ity of Act I486, Solid Waste Management Act, Georgia Laws
of 1972, as amended.
A.3.3 Illinois. Based on various permit applications and forms
related to the management and disposal of "special wastes",1 as
regulated by the Division of Land Pollution Control, Illinois
Environmental Protection Agency:
• Permit Systems. Land disposal sites are subject to the
Illinois Solid Waste Rules and Regulations which require a
land disposal site operator to obtain an operating permit
from the Agency. Prior to granting a permit, each site
is reviewed relative to suitability and safety. For each
special waste disposed at the site, an additional permit
is needed. These supplemental permits are required for
each separate special waste and include a detailed chemical
analysis of the waste and information concerning the waste
hauler, generator, and method of disposal.
• Manifest System. The disposer is required to file a permit-
application to allow the disposal of hazardous wastes at a
permitted disposal site. This permit is to be matched up
with the generator-permit copy.
• Recordkeeping, Reporting, Inspections, and Monitoring.
At present only one site is authorized to accept the dis-
posal of hazardous wastes. This site is fully monitored
by the Illinois Environmental Protection Agency. Records
are kept on monitoring data and on emergency incidents.
• Enforcement. Although there are no formalized regulations
at this time, the enforcement of the system is carried
out through the authority of the Illinois Environmental
Protection Agency, Division of Land Pollution Control.
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A.3.4 Maryland. Based on Title 08 Department of Natural
Resources, Subtitle 05 Water Resources Administration, Section
08.05.05 Control of the Disposal of Designated Hazardous Substances:
• Permit System. A person proposing to construct, operate,
or maintain a facility shall submit a preliminary report
to the Administration showing geographical location, design
objective, disposal and storage methods, and supporting
site-specific data or studies to include geological
conditions, surface and groundwater conditions, soil anal-
yses, monitoring systems, treatment and pretreatment pro-
cedures, personnel employed, and equipment utilized. An
application shall be submitted to the Administration to
determine the adequacy of a facility based on the informa-
tion in the preliminary report. A review period for com-
ment by other state agencies shall be accorded as well as
the opportunity for a public hearing. Upon review by the
Administration, a permit may be issued for a term not to
exceed 3 years and is to include requirements for monitoring,
reporting, and bonding.
• Manifest System. The manifest shall be retained by the site
operator and presented upon request to the Administrator.
• Monitoring and Reporting. The Administration shall require
the installation of monitoring stations and may require
periodic sampling and analysis. The collected data shall
be submitted to the Administration upon request. Monitor-.
ing and reporting should be consistent as required by other
State agencies. Monitoring and reporting requirements may
be required as a condition of permit approval.
• Enforcement. Violation shall be subject to the civil and
criminal liabilities as specified in the Natural Resources
Article, Annotated Code of Maryland.
A.3.5 Minnesota. Based on the Proposed Rules from the
Pollution Control Agency for the Disposal of Hazardous Wastes:
• Permit System. A permit is required to construct or operate
a hazardous waste facility. The operator, storer, or treater
of a facility shall submit a report presenting information
on the subsurface conditions, existing land use, physical
features, drainage patterns, groundwater quality, and any
other information as required by the Agency.
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• Manifest System. The operator shall obtain the completed
shipping papers from the generator or transporter and
shall sign these to verify acceptance of the waste. The
papers shall be signed a second time upon actual
disposition, and the original shall be returned to the
generator.
• Recordkeeping and Reporting. The facility operator shall
submit monitoring reports on a quarterly basis and shall
file monthly summaries identifying the quantity of waste
managed, the names of generators, and the identity of types
of hazardous waste managed. A log shall be kept, to be
submitted upon request, containing the dates of shipment
arrival, shipment number, names of generators, names of
transporters, location of site disposal, and the date of
actual disposal or of transport from the facility.
• Monitoring. A site monitoring plan must be approved by the
Agency before hazardous materials can be stored or accepted
for disposal.
• Enforcement. The Minnesota Pollution Control Agency is
designated as the agency responsible for enforcement of the
proposed regulations.
A.3.6 Missouri. Based on Missouri Hazardous Waste Management
Law HB 318:
• Permit System. Facility owners or operators must obtain a_
permit from the department and must operate their facility
in accordance with the law, regulations, and any special
conditions the department writes into the permit. Demon-
stration of financial responsibility is required and annual
fees up to $1,000 per year per facility permit are provided.
The department will hold a public hearing, on request, in
the area of the facility's location, prior to issuing the
permit.
• Manifest System. A copy of the manifest shall be retained
by the facility operator. Facility operators or owners may
accept only shipments of hazardous waste accompanied by a
manifest.
• Recordkeeping, Reporting, Inspection, and Monitoring.
Facility owners or operators must operate their facility
in accordance with the law, regulations, and any special
conditions that the department writes into the permit.
Monthly reports are required.
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• Enforcement. Enforcement of the law is given to the De-
partment of Natural Resources. Intentional falsification
of information or records is subject to fine and/or impris-
onment.
A.3.7 Montana. Based on the 1977 Montana State Plan for Solid
Waste and Hazardous Waste Management and Resource Recovery (State of
Montana, 1977) and the Montana Solid Waste Management Act:
• Permit System. All hazardous waste management facilities
are required to be licensed by the state, with the issuance
of a license contingent upon approval of site characteris-
tics, engineering designs, and operational plans. Special
permits may also be granted for the disposal of small
quantities of nonpersistent or low toxicity Group I wastes
in approved disposal sites when no other disposal method is
economically feasible.
• Manifest System. All storers, treaters, and disposers of
hazardous wastes are to comply with the manifest system.
• Recordkeeping and Reporting. Storers, treaters, and
disposers of hazardous materials shall be required to keep
records and submit reports to include the identification of
the location of each disposal area and the waste types
disposed.
• Monitoring. To be in compliance with EPA requirements.
• Enforcement. Enforcement of the plan for hazardous waste
management is carried out through the authority of the
Montana Department of Health and Environmental Sciences.
A.3.8 Oklahoma. Based on the contents of Rules and Regulations
for Industrial Waste Management (State of Oklahoma, 1977):
• Permit System. Permits are required for the construction
and/or operation of industrial waste disposal sites.
Construction permits require that a public hearing be held,
that insurance liability be posted, that a performance board
for monitoring and maintenance be posted, and that an
engineering report accompany the application. An operational
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permit is issued based on an inspection by the Department.
Issuance of the permit is contingent on monitoring, safety,
and personnel compliance as required by the Department.
• Manifest System. The operator of each industrial disposal
site shall include a certified copy of each shipping report
in the monthly report to the Department.
• Recordkeeping. See Reporting.
• Reporting. Monthly operational reports shall be submitted
to the Department listing the amount, transporter, and
procedures of all controlled waste received. The operator
shall also include a certified copy of each shipping report
in the monthly report.
• Inspection. As specified in the Oklahoma Controlled Indus-
trial Waste Disposal Act, the Department shall make periodic
inspections of disposal facilities and sites.
• Monitoring. Air and water monitoring of the site may be
required by the Department. In the case of injection well
disposal, monitoring wells must be approved by the Depart-
ment. Requirements are also included for the monitoring of
closed facilities.
• Enforcement. Legal enforcement is based on the authority
granted under the Oklahoma Industrial Waste Disposal Act,
Title 63.
A.3.9 Oregon. Based on Oregon Hazardous Waste Management
Regulations (State of Oregon, 1976):
• Permit System. The Department may authorize the disposal of
specified hazardous wastes at specified solid waste disposal
sites after a determination that such disposal will not pose
a threat to public health and safety. A license from the
department is required by any party planning to construct or
operate a hazardous waste disposal facility. The applicant
must demonstrate financial responsibility and a plan of man-
agement to include an engineering report and description of
hydraulic conditions.
• Manifest System. Each hazardous waste collection site
licensee shall be required to participate in the manifest
system.
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• Recordkeeping. Each hazardous waste collection site licensee
shall be required to maintain records of any hazardous waste
stored at the site and the manner of storage, transport, and
disposal.
• Reporting. Each hazardous waste collection site licensee
shall report periodically to the department on types and
volumes of wastes received and their manner of deposition.
• Inspection. The department is authorized to investigate
the operation of any hazardous waste disposal site that it
believes to be unsafe.
• Monitoring. The department shall establish and operate
a monitoring and surveillance program over all hazardous
waste disposal and collection sites.
• Enforcement. Both the existing and proposed regulations
are enforceable under the authority of the Department of
Environmental Protection.
A.3.10 Texas. Based on Texas Regulation on Industrial Solid
Waste Management (State of Texas, 1975), and Municipal Solid Waste
Management Regulations (State of Texas, 1977a):
• Permit System. A permit from the Texas Water Quality
Board is required for the construction, development, or
operation of a commercial industrial solid waste disposal
site. Permit issuance shall depend on the approval of
engineering plans and specifications, operating procedures,
and a staffing pattern including the qualifications of all
key operating personnel. These plans should be sufficient
to allow for compliance with all pertinent state and local
air, water, and solid waste statutes and regulations. A
public hearing shall be held on each permit application and
a bonding requirement will be established upon issuance of
a permit.
• Manifest System. The receiver of the waste shipment will
complete Part III of the shipping ticket and retain one copy
for his records, returning the original and one copy to the
carrier.
• Recordkeeping. All copies of shipping tickets and records
of off-site disposal shall be retained for a minimum of
three years and shall be kept readily available for review
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upon request by the Texas Water Quality Board staff. For
purposes of identifying the waste materials so that a waste
classification code may be assigned, a chemical analysis and
a written description may be required, and/or samples may be
required for analysis.
• Reporting. Receivers of Class I waste shall compile a
monthly Receipt Summary from their copies of shipping
tickets to be submitted to the Texas Water Quality Board.
• Enforcement. Legal enforcement is based on the authority of
the Texas State Department of Health, and the Texas Water
Quality Board.
A.3.11 Washington. Based on Hazardous Waste Regulations WAG
173-302:
• Permit System. At present there is only one disposal fa-
cility in the state that is authorized to accept hazardous
wastes. According to the existing legislation, the operat-
ing requirements for this site are set in a yearly operating
plan. A contract between the State and the operator deline-
ates the legal and financial requirements. Environmental,
security, safety, emergency, and personnel requirements are
reflected.
• Manifest System. Treaters of environmentally hazardous waste
are encouraged to use the manifest. A manifest number is to
be assigned in accordance for multiple shipments of similar
wastes from a single generator, shipments of similar wastes
from similar generators, emergency shipments, and unique
wastes not identified in the yearly operating plan. The
operator of the disposal site, after signing the manifest,
shall send written notification of each manifest to the
department at the time of delivery.
• Recordkeeping. The operator is to maintain survey records
at the site for each burial trench and evaporation pond.
These records are to include: the dimension of the trenches
and ponds; its relation to the bench mark and monument; the
volume and type of waste buried; and the dates of burial.
• Reporting. The operator of the disposal site is to include
in the reports to the Department copies of all environmental
sampling results during the previous quarter; telephone and
written accounts of accidents or emergencies; financial re-
ports; and copies of all written requests (including
unnumbered manifests) for disposal.
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• Inspection. The Department is authorized to inspect the
disposal site and its facilities, to take samples of any
waste, to sample by the drilling of test wells, and to
inspect any records relating to the operation.
• Monitoring. Monitoring is required as indicated under
Section WAC 173-302-280 and is specified in the yearly
operational plan. Monitoring efforts of the site shall
include that of on-site dry test well monitoring; burial
trench and evaporation pond monitoring; sampling of par-
ticulates and gases; sampling of vegetation and resident
vertebrate populations; and additional monitoring as
specified in the operating plan.
• Enforcement. Enforcement of hazardous waste regulations
is enumerated under Hazardous Waste Disposal, Section RCW
70.105.080. The authority of enforcement is carried out
by the department, and is enforceable under penalty.
A.4 Examples of Other State Control Mechanisms
This section discusses selected examples of mechanisms used by
states to control hazardous wastes in the absence of specific
hazardous waste legislation.
A.4.1 Nebraska. There are no regulations specifically for the
disposal of hazardous wastes at this time; however there are
guidelines for the disposal of pesticides, pesticide containers, and
pesticide-related materials. For the disposal of large amounts of
pesticides or pesticide-related wastes, the Department of
Environmental Control must be notified in writing giving the type,
amount, composition, containerization, and location of
pesticide-related materials. The Department will select a location
for disposal and devise an operational plan to be followed by the
operator of the site. If no sites within the State are able
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to handle the wastes, the Department will advise the generator about
out-of-state sites (State of Nebraska, 1977).
A.4.2 Utah. Although there is no legislation at present spe-
cifically for the management of hazardous wastes, Utah has de-
veloped an interpretation of the solid waste disposal regulations for
hazardous and special waste disposal. Basically, this interpretation
provides that a hazardous waste disposal area may be designated
within a sanitary landfill providing adequate measures are taken to
protect the public, the operating personnel, and the environment.
Issuance of approval for disposal of hazardous waste depends on the
physical location of the hazardous waste disposal area so as to avoid
interfering with normal landfill operations, including the proper
attention to pertinent geological data. Precautions are to be taken
to protect the public from inadvertent exposure to hazardous or
contaminated wastes and to protect all surface and groundwaters.
Long-range plans are required to ensure that deposited, wastes will
not require relocation at a future time.
Optional requirements for the disposal of hazardous wastes con-
sider the type of waste, total volume, solubility, volatility, pres-
ence of noxious fumes, degradation rates, and related factors. A
permanent record is to be kept by the responsible agency containing
information on the exact composition, amounts, and location of depos-
ited hazardous wastes. Accidents, spills, exposure to chemicals or
insecticides, or disturbance of buried hazardous wastes must be
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reported to the local health department and the State Division of
Health (State of Utah, 1974).
A.5 Hazardous Waste Legislation for the U.S. Territories
A.5.1 Territory of Guam. The territorial statutes affecting
hazardous waste management include (Garretson et al., 1978):
• Public Law 14-37. This law defines hazardous wastes and
authorizes an investigation to set standards for the storage,
treatment, and disposal of such wastes. Handling of hazard-
ous waste in any manner that would degrade the environment or
create a health or safety problem is prohibited.
• Draft Pesticide Regulations. This regulation (based upon
the U.C. Guam Pesticide Act) prohibits storage or disposal of
pesticides in any manner that might create a hazard. Reus-
able empty containers may only be refilled with the same pes-
ticide that was initially contained, unless authorized for
other reuse by the Administrator, Guam Environmental Protec-
tion Agency; and unusable empty containers must be cleaned,
crushed, and buried at least one foot deep and away from any
ground water supply.
A.5.2 Territory of American Samoa. The territorial statues
affecting hazardous waste management include (Garretson et al. 1978):
• Title 13 - Conservation, Chapter 1, Environmental Quality
Act. This act is designed to achieve and maintain levels of
air and water quality that will protect human health and
safety and prevent injury to plant and animal life and
property. The act establishes an Environmental Quality
Commission and confers upon it the authority to adopt
regulations implementing this chapter.
• Title 20 - Harbors and Navigations, Chapter 13, Health and
Safety, Section 1411. This section probits the discharge of
refuse, sludge, acid, or any other matter of any kind into
any harbor or stream flowing into the harbor. Section 1412
prohibits the discharge to any harbor of oil sludge, waste
oil, fuel oil, bilge water, or any other waste which may
cause contamination of harbor waters.
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A.5.3 Trust Territory of the Pacific Islands. The territorial
statutes affecting hazardous waste management include (Garretson et
al., 1978):
• Public Law 4C-78 (63 TTC 505 et seq.). This law grants
authority to the Trust Territory Environmental Protection
Board to promulgate regulations with respect to air, land,
and water pollution.
• Title 63, Chapter 13, Subchapter IV, Trust Territory
Pesticide Regulations. This regulation prohibits the use,
storage, transportation, mixing, or discarding of any pes-
ticide or pesticide container in any manner which would
adversely affect the environment.
A.5.4 Puerto Rico.
• Enabling legislation was approved under the "Puerto Rico
Solid Waste Management Authority Act" on June 23, 1978.
Included in the authority of this act is the provision to
regulate facilities for the processing, recovery, and dis-
posal of toxic or hazardous solid waste (Commonwealth of
Puerto Rico, 1978).
A.5.5 The U.S. Virgin Islands. The territorial statutes
affecting hazardous waste management include (Territory of the
Virgin Islands of the United States, 1978):
• (Bill No. 7932) Proposed Amendments to "Solid and Hazardous
Waste Management," Title 19, Chapter 56. Hazardous wastes
are specifically addressed under Section 1558. The enabling
authority to regulate hazardous wastes is directed to the
Commission of Public Works. Authority over the storage,
transport, and disposal is specifically indicated, and the
authority to develop regulations including criteria for and
listing of hazardous wastes, standards, permit requirements,
and authority over both on and off-site waste generation is
included.
• Within the various other sections of the Act is the authority
to issue permits, require recordkeeping, inspect a facility,
and enforce any rule or regulation under the penalty of fine
and/or imprisonment. The authority to require a manifest is
also within the scope of the Act.
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APPENDIX B
BASELINE SUBTITLE C REGULATIONS
SUBPART A - CRITERIA, IDENTIFICATION, AND LISTING OF
HAZARDOUS WASTE
250.10 Purpose and Scope
250.11 Definitions
250.12 Criteria
(a) Identifying Characteristics
(b) Listing
(c) Applicability
250.13 Hazardous Waste Characteristics
(a) Characteristics
(1) Ignitable Waste
(2) Corrosive Waste
(3) Reactive Waste
(4) Toxic Waste
(b) Identification Methods
(1) Ignitable Waste
(2) Corrosive Waste
(3) Reactive Waste
(4) Toxic Waste
(5) Sampling Methods
250.14 Hazardous Waste Lists
(a) Lists
(1) Hazardous Wastes
(2) Hazardous Waste Processes and Sources
(b) Relief from Listing
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250.10 PURPOSE AND SCOPE
(a) These regulations are published pursuant to Section 3001 of the
Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act (42 USC 6921) which requires the Administrator to desig-
nate criteria for identifying characteristics of hazardous waste and
for listing hazardous wastes, to identify such characteristics for,
and to list, hazardous wastes.
(b) The purpose of this regulation is to describe the characteris-
tics and lists against which a waste generator, transporter, or
owner/operator of a waste treatment, storage, or disposal facility
must determine if the waste he handles is a hazardous waste subject
to the regulations of this Part.
(c) Any person who generates, transports, treats, stores, or dis-
poses of a waste, which is ignitable, corrosive, reactive, or toxic
(as defined in this Subpart), or which is listed in Section 250.14 of
this Subpart, or who elects to consider his waste to be hazardous,
shall comply with the regulations of this Part, in the transport,
storage, treatment, handling, and disposal of that waste, except as
noted below:
(1) Agricultural wastes including manures and crop residues,
which are returned to the soil as fertilizers or soil condi-
tioners are not subject to these regulations.
(2) Overburden resulting from mining operations and intended
for return to the mine is not subject to these regulations.
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(3) Pursuant to Section 1006 of the Act (42 USC 6905), for the
purpose of administrative efficiency, sewage sludge from pub-
licly owned treatment works which is managed pursuant to the
guidelines of Section 405(b) and (d), of the Clean Water Act, in
a manner consistent with the goals and policies expressed in the
Act and its associated regulations, is not subject to these reg-
ulations .
250.11 DEFINITIONS
For the purpose of this subpart, all terms not defined herein
take the meaning given in the Act. (Some terms (marked by *) are re-
peated from the Act for the convenience of the reader.)
(a)* The term "disposal" means the discharge, deposit, injection,
dumping, spilling, leaking, or placing of any solid waste or hazard-
ous waste into or on any land or water so that such solid waste or
hazardous waste or any constituent thereof may enter the environment
or be emitted into the air or discharged into any waters, including
ground waters.
(b) The term "equivalent method" means any testing method which the
Administrator determines to be functionally equivalent to the method
specified.
(c)* The term "hazardous waste" means a solid waste, or combination
of solid wastes, which because of its quantity, concentration, or
physical chemical, or infectious characteristics may -
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(1) cause, or significantly contribute to an increase in
mortality or an increase in serious irreversible, or incapaci-
tating reversible, illness; or
(2) pose a substantial present or potential hazard to human
health or the environment when improperly treated, stored,
transported, or disposed of, or otherwise managed.
(d) The term "other discarded material" in 250.11(g) means any
material which:
(1) is not re-used (that is, is abandoned or committed to final
disposition), or
(2) re-used
(i) if such use constitutes disposal (as defined herein),
or
(ii) if listed below:
(A) used lubricating, hydraulic, transmission, trans-
former, or cutting oil unless such oil meets the
requirements of 250.45-7.
(e) The term "publicly owned treatment works" or "POTW" means a
treatment works as defined by Section 212 of the Clean Water Act
(CWA), which is owned by a State or municipality (as defined by Sec-
tion 582(4) of the CWA). This definition includes any sewers that
convey wastewater to such a treatment works, but does not include
pipes, sewers or other conveyances not connected to a facility provi-
ding treatment. The term also means the municipality as defined
B-4
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in Section 502(4) of the CWA, which has jurisdiction over the indi-
rect discharges to and the discharges from such a treatment works.
(f) The term "representative sample" means any sample of the waste
which is statistically equivalent to the total waste in composition,
and in physical and chemical properties.
(g)* The term "solid waste" means any garbage, refuse, sludge from a
waste treatment plant, water supply treatment plant, or air pollution
control facility and other discarded material, including solid, liq-
uid, semisolid, or contained gaseous material resulting from indus-
trial, commercial, mining, and agricultural operations, and from com-
munity activities, but does not include solid or dissolved material
in domestic sewage, or solid or dissolved materials in irrigation
return flows or industrial discharges which are point sources subject
to permits under Section 402 of the Federal Water Pollution Control
Act, as amended (86 Stat. 880), or source, special nuclear, or by-
product material as defined by the Atomic Energy Act of 1954, as
amended (68 Stat. 923).
(h) The term "triple rinsed" means the flushing of containers three
times, each time using a volume of diluent at least equal to approxi-
mately ten percent of the container's capacity.
250.12 CRITERIA
(a) Identifying Characteristics
The characteristics of hazardous waste set out in Section 250.13
may be identified using the following criteria:
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(1) identification of the characteristic in the Act
(2) damage incident(s) indicating that the characteristic is
harmful to human health or the environment
(3) identification of the characteristic by other organizations
which regulate or recommend management methods for hazardous
substances.
(4) significance of the hazard posed by the characteristic
(5) availability of test protocols for the presence of the
characteristic
(b) Listing
(1) A solid waste may be listed as hazardous under any of the
following conditions:
(A) The solid waste has any of the characteristics defined
in this Subpart.
(B) The solid waste causes or significantly contributes to
an increase in serious irreversible, or incapacitating
reversible, illness.
(C) The solid waste may pose a substantial present or po-
tential hazard to human health or the environment when im-
properly treated, stored, transported, or disposed of, or
otherwise managed.
(2) The petition by a State governor (under Section 3001(c) of
Pub. L. 94-580) or by a person (under Section 7004(a) of Pub. L.
94-580) to list a waste may be granted.
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250.13 HAZARDOUS WASTE CHARACTERISTICS
(a) Characteristics
(1) Ignitable Waste - A solid waste is an ignitable waste if a
representative sample of that waste:
(i) In a liquid state has a flash point less than 60 C
(140 F) determined by the method cited in Section 250.13(b)
of this Subpart or an equivalent method; or under condi-
tions incident to the management of the waste from which
the sample was taken is liable to cause fires through fric-
tion, absorption of moisture, spontaneous chemical changes,
or retained heat from manufacturing or processing; or when
ignited burns so vigorously and persistently as to create a
hazard during its management.
(ii) is a compressed gas as defined in 49 CFR 173.300, or
(iii) is an oxidizer as defined in 49 CFR 173.151.
(2) Corrosive waste - A solid waste is a corrosive waste if a
representative sample of the waste:
(i) is aqueous and has a pH less than or equal to 3 and
greater than or equal to 12 as determined by the method
cited in Section 250.13(b) or an equivalent method, or
(ii) has a corrosion rate greater than 0.250 inch per year
on steel (SAE1020) at a test temperature of 130 F as deter-
mined by the method cited in Section 250.13(b) or an equiv-
alent method.
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(3) Reactive Waste - A solid waste is a reactive waste if it:
(i) Is normally unstable and readily undergoes violent
chemical change but does not detonate; reacts violently
with water, forms potential explosive mixtures with water,
or generates toxic fumes when mixed with water; or is a
cyanide or sulfide bearing waste which might generate toxic
fumes under mildly acidic or basic conditions.
(ii) is capable of detonation or explosive reaction but
requires a strong initiating source or which must be heated
under confinement before initiation can take place, or
which reacts explosively with water.
(iii) is readily capable of detonation or of explosive
decomposition or reaction at normal temperatures and
pressures.
(iv) is a forbidden explosive as defined in 49 CFR 173.51,
Class A explosive as defined in 49 CFR 173.53, or Class B"
explosive as defined in 49 CFR 173.58.
NOTE: Such wastes include pyrophoric substances,
explosives, autopolymerizable material and oxidizing
agents. If it is not apparent whether a waste is a
reactive waste using this description, then the methods
cited in 250.13(b) of this chapter or equivalent meth-
ods can be used to determine if the waste is reactive
waste.
(4) Toxic Waste - A solid waste is a toxic waste if, according
to the methods specified in 250.13(b), the extract obtained from
applying the extraction procedure (EP) to a representative sam-
ple of the waste:
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(i) Has a concentration of any substance for which an EPA
Primary Drinking Water Standard has been established, which
is greater than or equal to 10 times that standard, as
shown below:
Contaminant
Drinking Water
Level,
Milligrams per Liter
Arsenic .................... 0.05
Barium ..................... 1.
Cadmium .................... 0.010
Chromium ................... 0.05
Lead ....................... 0.05
Mercury .................... 0.002
Selenium ................... 0.01
Silver ..................... 0.05
Endrin (1 ,2,3,4, 10 ,10-hexa-O. 0002
cloro-6,7-epoxy-l ,4,4a,5,
6,7,8,8a-octahydro-l,
4-endo, endo-5, 8-di-
methano naphthalene).
Lindane (1,2,3,4,5,6- 0.004
hexachlorocyclohexane
gamma isomer) .
Methoxychlor (1,1,1- 0.1
Trichloroethane) .
2,2-bis (p-methoxyphenyl)
0.005
Toxaphene
technical chlorinated
camphene, 67-69 percent
chlorine) .
2,4-D, (2,4-Dichloro-
phenoxyacetic acid).
2,4,5-TP Silvex (2,4,5-
Trichlorophenoxypro-
pionic acid).
0.1
0.01
Extract
Level,
Milligrams per Litre
0.50
10.
0.10
0.50
0.50
0.02
0.10
0.50
0.002
0.040
1.0
0.050
1.0
0.10
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(b) Identification Methods
(1) Ignitable Waste
(i) Flash point of liquids shall be determined by a
Pensky-Martens Closed Cup Tester, using the protocol spec-
ified in ASTM Standard D-93-72, or the Setaflash Closed
Tester using the protocol specified in ASTM standard
D-3278-73 or any other equivalent method as defined in this
Subpart.
(ii) Ignitable gases shall be determined by the methods
described in 49 CFR 173.300.
(2) Corrosive Waste
(i) pH shall be determined by a pH meter, using the pro-
tocol specified in the "Manual of Methods for Chemical
Analysis of Water and Wastes" (EPA-625-16-74 003).
(ii) Rate of metal corrosion shall be determined using the
protocol specified in NACE (National Association of Corro-
sion Engineers) Standard TM-01-69.
(3) Reactive Waste
(i) Thermally unstable wastes can be identified using the
Explosion Temperature Test cited in Appendix I (those
wastes for which explosion ignition or decomposition occurs
at 125 C after 5 minutes are classed as reactive wastes),
or by using the Thermal Stability Test cited in 49 CFR
173.51a.
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(ii) Wastes unstable to mechanical shock can be identified
using the Bureau of Mines Impact Test (U.S. Bureau of Mines
Bulletin 346 (1931), at a 25cm drop height, or the test
cited in 49 CFR 173.53(b).
(4) Toxic Waste
(i) Extraction Procedure
(A) Equipment
(I) An agitator which while preventing stratifi-
cation of sample and extraction fluid, also in-
sures that all sample surfaces are continuously
brought into contact with well-mixed extraction
fluid. (One suitable device is Associated Design
and Mfg. Co. Part , Alexandria, VA 22314).
(II) Equipment suitable for maintaining the pH
of the extraction medium at a selected value.
(B) Procedure
(I) Take a representative sample (minimum size
100 gms) of the waste to be tested. Separate
sample into liquid and solid phases. The solid
phase is defined as that fraction which does not
pass through a 0.4-0.5 micron filter medium under
the influence of either pressure, vacuum, or cen-
trifugal force. (See Appendix II for specific
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separation protocols.) Reserve the liquid frac-
tion under refrigeration 1-5 C (34-41 F) for
further use.
(II) The solid portion of the sample, resulting
from the separation procedure above or the waste
itself (if it is already dry), shall be prepared
either by grinding to pass through a 9.5mm (3/8")
standard sieve or by subjecting it to the struc-
tural integrity procedure, as described in
Appendix III.
(Ill) Add the solid material from paragraph II
to 16 times its weight of deionized water. This
water should include any water used during trans-
fer operations. Begin agitation and extract the
solid for 24 +_ 0.5 hours. Adjust the solution to
pH5 and maintain that pH during the course of the
extraction using 0.5N acetic acid, (see Appendix
IV). If more than 4 ml of acid, for each gm of
solid would be required to maintain the pH at 5,
then once 4 ml per gram of solid has been added,
complete the 24 hour extraction without adding
any additional acid. Maintain the sample between
20-30 C (68-86 F) during extraction.
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(IV) At the end of the 24 hour extraction
period, separate the sample into solid and liquid
phases as in Paragraph I. Adjust the liquid
phase with deionized water so that its volume is
20 times that occupied by a quantity of water at
4 C equal in weight to the initial sample of
solid (e.g., for an initial sample of Ig, dilute
to 20ml). Combine this liquid with the original
liquid phase of the waste. This combined liquid,
including precipitate which later forms from it,
is the Extraction Procedure extract.
(ii) Analysis - Analyses conducted to determine confor-
mance with Section 250.13(a)(4) shall be made in accordance
with the following or equivalent methods:
(A) Arsenic - Atomic Absorption Method, "Methods for
Chemical Analysis of Water and Wastes," pp. 95-96,
Environmental Protection Agency, Office of Technology
Transfer, Washington, D.C. 20460, 1974.
(B) Barium - Atomic Absorption Method, "Standard
Methods for the Examination of Water and Wastewater,"
13th Edition, pp. 210-215, or "Methods for Chemical
Analysis of Water and Wastes," pp. 97-98, Environ-
mental Protection Agency, Office of Technology Trans-
fer, Washington, D.C. 20460, 1974.
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(C) Cadmium - Atomic Absorption Method, "Standard
Methods for the Examination of Water and Wastewater,"
13th Edition, pp. 210-215, or "Methods for Chemical
Analysis of Water and Wastes," pp. 101-103, Environ-
mental Protection Agency, Office of Technology Trans-
fer, Washington, D.C. 20460, 1974.
(D) Chromium - Atomic Absorption Method, "Standard
Methods for the Examination of Water and Wastewater,"
13th Edition, pp. 210-215, or "Methods for Chemical
Analysis of Water and Wastes," pp. 112-113, Environ-
mental Protection Agency, Office of Technology Trans-
fer, Washington, D.C. 20460, 1974.
(E) Lead - Atomic Absorption Method, "Standard Meth-
ods for the Examination of Water and Wastewater," 13th
Edition, pp. 210-215,, or "Methods for Chemical Analy-
sis of Water and Wastes," pp. 112-113, Environmental
Protection Agency, Office of Technology Transfer,
Washington, D.C. 20460, 1974.
(F) Mercury - Flameless Atomic Absorption Method,
"Methods for Chemical Analysis of Water and Wastes,"
pp. 118-126, Environmental Protection Agency, Office
of Technology Transfer, Washington, D.C. 20460.
(G) Selenium - Atomic Absorption Method, "Methods for
Chemical Analysis of Water and Wastes," p. 145,
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Environmental Protection Agency, Office of Technology
Transfer, Washington, B.C. 20460, 1974.
(H) Silver - Atomic Absorption Method, "Standard
Method for the Examination of Water and Wastewater,"
13th Edition, pp. 210-215, or "Methods for Chemical
Analysis of Water and Wastes," p. 146, Environmental
Protection Agency, Office of Technology Transfer,
Washington, B.C. 20460, 1974.
(I) Analyses made for Endrin, Lindane, Methoxychlor,
or Toxaphene shall be in accordance with "Method for
Organochlorine Pesticides in Industrial Effluents,"
MDQARL, Environmental Protection Agency, Cincinnati,
Ohio, November 28, 1973.
(J) Analyses for 2,4-D and 2,4,5-TP Silvex shall be
conducted in accordance with "Methods for Chlorinated
Phenoxy Acid Herbicides in Industrial Effluents,"
MDQARL, Environmental Protection Agency, Cincinnati,
Ohio, November 28, 1973.
(5) Sampling Methods: Methods for generating representative
samples of wastes to be tested are set out in Appendix V.
250.14 HAZARDOUS WASTE LISTS
(a) Lists
Any waste listed in 250.14(a)(l) or 250.14(a)(2) of this section
is a hazardous waste unless the generator can prove the waste does
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not meet the criteria for listing in this Subpart (i.e., I = Ignit-
able, C = Corrosive, R = Reactive, T = Toxic, AD = Administrator's
judgment) using the Test or identification methods described in
250.14(b) of this Subpart or equivalent methods.
NOTE: The process waste streams are listed by SIC code for ease of
reference only. The SIC classification of the industry generating
the waste has no effect on the listing of that process waste as
hazardous.
(1) Hazardous Wastes
Waste chlorinated hydrocarbons from degreasing operations
(AD,I)
Waste non-halogenated solvent (such as methanol, acetone,
isopropyl alcohol, polyvinyl alcohol, stoddard solvent and
methyl ethyl ketone) and solvent sludges from cleaning,
compounding milling and other processes (I)
Hydraulic or cutting oil waste (T,AD)
Paint wastes (such as used rags, slops, latex sludge, spent
solvent) (T.I.AD)
Water-based paint wastes (T)
Tank bottoms, leaded and unleaded (T,AD)
Cooling tower sludges (T)
Spent or waste cyanide solutions or sludges (R,T)
Etching acid solutions or sludges (T,C)
Waste paint and varnish remover or stripper (I)
Solvents and solvent recovery still bottoms (non-
halogenated (I,AD)
Solvents and solvent recovery still bottoms (halogenated)
(AD)
B-16
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Waste or waste off-spec toluene diisocyanate (I,R,AD)
Electroplating wastewater treatment sludge (T)
Pure material which is a discarded material and is listed
in Appendix VI, VII, and XIV (AD)
Spill clean-up residues and debris from spills of materials
which appear in Appendix VI, VII, and XIV (AD)
Off-specification material which is a discarded material
and, if met specification, would be shipped using a name
listed in Appendix VI, VII, and XIV (AD)
Containers, unless triple rinsed, which have contained
materials on Appendix VI, VII and XIV (AD)
(2) Hazardous Waste Processes and Sources
(i) Sources Generating Hazardous Waste
(A) Health Care Facilities
(I) The following departments of hospitals as
defined by SIC* Codes 8062 and 8069, unless the
waste has been autoclaved as specified in
Appendix VIII. (AD(IN))
i. Obstetrics department including
patients' rooms
ii. Emergency departments
iii. Surgery department including patients'
rooms
iv. Morgue
v. Pathology department
vi. Autopsy department
vii. Isolation rooms
viii. Laboratories
ix. Intensive care unit
x. Pediatrics department
*Standard Industrial Classification Manual (1972) GPO, Washington,
D.C.
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(II) The following departments of veterinary
hospitals as defined by SIC* Codes 0741 and
0742, unless the waste has been autoclaved as
specified in Appendix VIII. (AD(IN)).
i. Emergency department
ii. Surgery department including patients'
rooms
iii. Morgue
iv. Pathology department
v. Autopsy department
vi. Isolation rooms
vii. Laboratories
viii. Intensive care unit
(B) Laboratories, as defined by SIC Codes 7391, 8071
and 8922, unless the laboratories do not work with CDC
Classes 2 through 5 of Etiologic Agents as listed in
Appendix IX. (AD(IN)).
(C) Sewage Treatment Plants, with the exception of
publicly owned treatment works, unless sludge gener-
ated by such a plant has been stabilized by means of
chemical, physical, thermal, or biological treatment
processes that result in the significant reduction of
odors, volatile organics and pathogenic microorgan-
isms. These processes are discussed in "Municipal
Sludge Management: Environmental Factors; Technical
Bulletin" (42 £R 57420). Specifications for the
*Standard Industrial Classification Manual (1972) GPO, Washington,
D.C.
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stabilization processes discussed in this publication
are given in Process Design Manual for Sludge Treat-
ment and Disposal, (EPA 625/1-1-74-006, October 1974).
(AD(IN)).
Unless the waste from these sources does not contain microorganisms
or helminths of CDC Classes 2 through 5 of the Etiologic Agents
listed in Appendix IX.
(ii) Processes Generating Hazardous Wastes:
SIC Process Description
1099 Waste rock and overburden from uranium mining (AD(RA))
1099 Mill tailings from uranium milling (AD(RA))
1499 Overburden, slimes and tailings from phosphate surface
mining (AD(RA))
1499 Waste gypsum from phosphoric acid production (AD(RA))
1499 Slag and fluid bed frills from elemental phosphorous
pr oduc t ion (AD (RA))
2231 Wool Fabric Dying and Finishing Wastewater treatment
sludges (T)
2241 Wool Fabric Dying and Finishing Wastewater treatment
sludges (T)
2250 Knit Fabric Dying and Finishing Wastewater treatment
sludges (T)
2269 Yarn and Stock Dying and Finishing Wastewater treatment
sludges (T)
2279 Carpet Dying and Finishing Wastewater treatment sludges (T)
2299 Wool Scouring Wastewater treatment sludges (T)
2812 Mercury bearing sludges from brine treatment from mercury
cell process in chlorine production (T)
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SIC Process Description
2812 Sodium calcium sludge from production of chlorine by Down
Cell process (R)
2812 Mercury bearing brine purification muds from mercury cell
process in chlorine production (T)
2812 Waste water treatment sludge from diaphragm cell process in
production of chlorine (T)
2812 Asbestos wastes from cell diaphrams in production of
chlorine (AD)
2812 Chlorinated hydrocarbon bearing wastes from diaphragm cell
process in chlorine production (AD)
2816 Chromium bearing wastewater treatment sludge from produc-
tion of chrome green pigment (T)
2816 Chromium bearing wastewater treatment sludge and other
chromium bearing wastes from production of chrome oxide
green pigment (anhydrous & hydrated) (T)
2816 Ferric ferrocyanide bearing wastewater treatment sludges
from the production of iron blue pigments (T)
2816 Mercury bearing wastewater treatment sludges from the pro-
duction of mercuric sulfide pigment (T)
2816 Chromium bearing wastewater treatment sludges from the
production of TiC^ pigment by the chloride process (T)
2816 Chromium bearing wastewater treatment sludges from the
production of TiC>2 pigment by sulfate process (T)
2816 Arsenic bearing sludges from purification process in the
production of antimony oxide (T)
2816 Antimony bearing wastewater treatment sludge from produc-
tion of antimony oxide (T)
2816 Chromium or lead bearing wastewater treatment sludge from
production of chrome yellows and oranges (lead chromate)
(T)
2816 Chromium or lead bearing wastewater treatment sludge from
production of molybdate orange (lead chromate) (T)
3-20
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SIC Process Description
2816 Zinc and chromium bearing wastewater treatment sludge from
production of zinc yellow pigment (hydrated zinc potassium
chromate) (T)
2816 Ash from incinerated still bottoms (Paint and Pigment Pro-
duction) (T)
2819 Arsenic bearing waste wat;er treatment sludges from produc-
tion of boric acid (T)
2851 Wastewater treatment sludges from paint production (C,T)
2851 Air pollution control sludges from paint production (T)
2865 Vacuum still bottoms from the production of maleic
anhydride (AD)
2865 Still bottoms from distillation of benzyl chloride (AD)
2865 Distillation residues from fractionating tower for recovery
of benzene and chlorobenzenes (AD)
2865 Vacuum distillation residues from purification of 1 -
chloro - 4 nitrobenzene (AD)
2865 Still bottoms or heavy ends from methanol recovery in
methyl methacrylate production (AD)
2869 Heavy ends (still bottoms) from fractionator in productio'n
of epichlorohydrin (AD)
2869 Heavy chlorinated organics from fractionation in ethyl
chloride production (AD)
2869 Column bottoms or heavy ends from production of trichloro-
ethylene (AD)
2869 Heavy ends from distillation of vinyl chloride in produc-
tion of vinyl chloride from ethylene dichloride (AD)
2869 Heavy ends from distillation of ethylene dichloride in
vinyl chloride production from ethylene dichloride (AD)
2869 Heavy ends or distillation residues from carbon tetra-
chloride fractionation tower (AD)
] B-21
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SIC Process Description
2869 Purification column wastes from production of nitrobenzene
(AD)
2869 Still bottoms from production of furfural (I,AD)
2869 Spent catalyst from fluorocarbon production (AD)
2869 Centrifuge residue from toluene diisocyanate production
(AD)
2869 Lead slag from lead alkyls production (T)
2869 Stripping still tails from production of methylethyl
pyridines (I,AD)
2869 Still bottoms from aniline production (AD)
2869 Aqueous effluent from scrubbing of spent acid in nitro
benzene production (AD)
2869 Bottom stream from quench column acrylonitrile production
(AD,I)
2869 Bottom stream from wastewater stripper in production of
acrylonitrile (I,C,AD)
2869 Still bottoms from final purification of acrylonitrile
(I,AD)
2869 Solid waste discharge from ion exchange column in produc-
tion of acrylonitrile (I,AD)
2869 Stream from purification of HCN in production of
acrylonitrile (AD,I)
2869 Waste stream (column bottoms) from acetonitrile purifica-
tion in production of acrylonitrile (AD)
2890 Sludges, wastes from tub washer (Ink Formulation) (AD)
2892 Wastewater treatment sludges from explosives, propellants
and initiating compounds manufacture (C,AD,R,I)
2892 Wastes recovered from acid vapor scrubber stream in the
production of RDX/HMX (AD,R,I)
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SIC Process Description
2892 Catch basin materials in RDX/HMX production (T,C)
2892 Spent carbon columns used in treatment of wastewater-LAP
operations (R)
2892 Wastewater sludges from production of initiating compounds
(T)
2892 Red water from TNT production (T)
2911 Petroleum refining, high octane production neutralization
HF alkylation sludge (T)
2911 Petroleum refining DAF sludge (T,l)
2911 Petroleum refining kerosene filter cakes (T)
2911 Petroleum refining lube oil filtration clays (T)
2911 Petroleum refining - slop oil emulsion solids (T,I)
2911 Petroleum refining exchange bundle cleaning solvent (T)
2911 API separator sludge (T)
3111 Leather tanning and finishing: Wastewater treatment sludge
from; chrome tannery, split tannery, beamhouse/tanhouse and
retan/finishers (T)
3111 Leather tanning and finishing: Wastewater treatment
screenings from sheepskin tannery (T)
3111 Trimmings and shavings from leather tanning and finishing
chrome, split, beam/tanhouse and retan/finishers (T)
3312 Coking: Decanter tank tar (T)
: Decanter tank pitch sludge (T)
: Oleum wash waste (C)
: Caustic neutralization waste (C)
3312 Iron Making: Ferromanganese blast furnace dust (T,R)
: Ferromanganese blast furnace sludge (T)
3312 Steel Finishing: Alkaline cleaning waste (C)
: Waste pickle liquor (C)
: Cyanide-bearing wastes from electrolytic
coating (T)
: Chromates and dichromates from chemical
treatment (T)
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SIC Process Description
3331 Primary copper smelting and refining electric furnace slag,
converter dust, acid plant sludge, and reverbatory dust (T)
3332 Primary lead - acid plant blowdown and lime treatment
sludge from lagoon dredging (T)
3333 Zinc acid plant blowdown lime treatment: gypsum cake (acid
cooling tower and neutral cooling tower) (T)
3333 Zinc production: oxide furnace residue and acid plant
sludge (T)
3333 Zinc anode sludge (T)
3339 Primary antimony - electrolytic sludge (T)
3339 Primary tungsten - digestion residues (T)
3339 Primary lead sinter dust scrubbing sludge (T)
3339 Ferromanganese emissions control: baghouse dusts and
scrubwater solids (T)
3339 Ferrochrome emissions control: furnace baghouse dust and
ESP dust (T)
3339 Ferronickel production: skull plant tailings (T)
3339 Primary antimony - pyrometallurgical blast furnace slag (T)
3341 Secondary lead, scrubber sludge from SC>2 emission
control, soft lead production (T)
3341 Secondary lead - white metal production furnace dust (T)
3341 Secondary copper - pyrometallurgical, blast furnace slag
(T)
3341 Secondary aluminum dross smelting - high salt slag plant
residue (T)
3341 Zinc - cadmium metal reclamation, cadmium plant residue (T)
3471 Electroplating wastewater treatment sludges (T)
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SIC Process Description
3691 Lead acid storage battery production wastewater treatment
sludges (T)
3691 Lead acid storage battery production clean-up wastes from
cathode and anode paste production (T)
3691 Nickel cadmium battery production wastewater treatment
sludges (T)
3691 Cadmium silver oxide battery production wastewater treat-
ment sludge (T)
3691 Mercury cadmium battery production wastewater treatment
sludges (T)
3692 Magnesium carbon battery production chromic acid wastewater
treatment sludges (T)
(b) Relief from Listing
(1) Scope and Purpose
(A) This section applies to any person handling a waste
listed in Section 250.14(a) who wishes to demonstrate that
his solid waste is not a hazardous waste.
(B) A waste listed in 250.14(a) for one or more reasons,
as indicated by the codes (I), (C), (R), (AD(IN)), etc. is
a hazardous waste unless it is demonstrated that the waste
does not meet the reason(s) shown for its listing.
(C) The methods for demonstration of this are described in
250.14(b)(3).
(D) (Reserved.)
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(2) Test Methods
Wastes from individual generators which meet the following
standards are to be considered non-hazardous for purposes of this
regulation:
(A) Wastes designated as ignitable (I) in 250.14(a) which
do not meet the 250.13(a)(l) ignitable characteristic.
(B) Wastes designated as corrosive (C) in 250.14(a) which
do not meet the 250.13(a)(2) corrosive characteristic.
(C) Wastes designated as reactive (R) in 250.14(a) which
do not meet the 250.13(a)(3) reactive characteristic.
(D) Wastes designated as toxic (T) in 250.14(a) which do
not meet the 250.13(a)(4) toxic characteristic.
(E) Wastes designated as infectious (AD(IN)) in 250.14(a)
which do not contain microorganisms or helminths of CDC
Classes 2 through 5 of the Etiologic Agents listed in
Appendix IX.
(F) Wastes designated as radioactive (AD-(RA)) in
250.14(a) which have neither of the following properties:
(i) An average radium-226 concentration equal to
or more than 5 picocuries per gram for solid wastes or
50 picocuries (radium-226 and radium-228 combined) per
liter for liquid wastes as determined by either of the
methods cited in Appendix X; or
(ii) A total radium-226 activity equal to or more
than 10 microcuries for any single discrete source.
B-26
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(G) Wastes otherwise designated as being hazardous in the
Administrator's judgment (AD) in Section 250.14(a) which do
not meet the toxic characteristics of Section 250.13(a) and
whose EP extract does not have any of the following
properties:
(i) Gives a positive response in any one of a set of
required tests for mutagenic activity. A total of
three assays must be conducted. One shall be chosen
from group I, one from group II, and one from those
listed in group III. Test protocols are defined in
Appendix XI.
(I) Detection of gene mutations.
I. Point mutation in bacteria.
(II) Detection of gene mutations.
I. Mammalian somatic cells in culture
II. Fungal microorganisms
(III) Detecting effects on DNA repair or recom-
bination as an indication of genetic damage.
I. DNA repair in bacteria (including dif-
ferential killing of repair defective
strains).
II. Unscheduled DNA synthesis in human
diploid cells.
III. Sister-chromatid exchange in mammalian
cells.
B-27
-------
IV. Mitotic recombination and/or gene con-
version in yeast.
(ii) Gives a positive result in the Bioaccumulation
Potential Test, defined in Appendix XII.
(iii) Contains more than the specified concentration
of any compound on the Controlled Substances list in
Appendix XIII.
(iv) Contains any organic substance which has a cal-
culated human LD50* of less than 800 mg/kg, at a
concentration in mg/1 greater than or equal to 0.35
times its LD50 expressed in units of mg/kg. For pur-
poses of these regulations metallic salts of organic
acids containing 3 or fewer carbon atoms are consid-
ered not to be organic substances.
*Procedure for Calculating Human LD50 Value:
The LD50 value to be used will be those for oral exposure to
rats. Where a value for the rat is not available, mouse oral LD50
data may be employed. Where an appropriate LD50 value for the rat or
mouse is listed in the NIOSH Registry of Toxic Effects of Chemical
Substances ("Registry"), this value may be used without validation.
If other values are used, they must be supported by specific and
verified laboratory reports. The appropriate conversion factor to
use in calculation LD50s are:
Rat x .16 = human
Mouse x .066 = human
Example: Tetraethylenepentamine
Listed oral rat LD50 is 3990 mg/kg, calculated human LD50
is 3990 x 0.16 = 638 mg/kg; 638 x 0.35 = 223 mg/1.
Thus if the EP extract contains more than 223 mg/1 of
tetraethylenepentamine, the waste is hazardous.
B-28
-------
APPENDIX I
EXPLOSION TEMPERATURE TEST*
1. Purpose of Test:
To determine the temperature at which a material explodes,
ignites, or decomposes after a five minute immersion in a sand bath
or dimethyl silicon at 125 C.
2. Operating Principle
This test gives an estimate of how close the explosion tempera-
ture is to ambient condition for a material, and, hence, provides a
measurable indication of thermal instability.
3. Test Description
The material to be treated (25 rag.) is placed in a copper test
tube (high thermal conductivity) and immersed in a sand or dimethyl
silicon bath. The test is made at a series of bath temperatures, and
the time lag prior to explosion at each temperature is recorded. The
bath temperature is raised until a temperature of 125 C is reached if
no explosion, ignition, or apparent decomposition occurs.
* Taken from "A Second Appraisal of Methods for Estimating Self
Reaction Hazards", E.S. Domalski, Report No. DOT/MTB/OHMO-76/6.
Department of Transportation.
B-29
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APPENDIX II
SEPARATION PROTOCOL
Filtration
Equipment:
1-Millipore YY22 142 30 filter holder (Millipore Corp., Bedford,
MA 01730) equipped with an XX42 142 08 accessory 1.5 liter reservoir,
or Nuclepore 420800 142mm filter holder (Nuclepore Corp., Pleasanton,
CA 94566) equipped with a 1.5 liter reservoir, or Equivalent filter
holder.
Procedure
A. Using the filter holder place a 0.45 micron filter membrane
(Millipore type HAWP142, Nuclepore type 112007, or equivalent) on the
support screen. On top of the membrane (upstream) place a prefilter
(millipore AP25124, Nucleopore P040, or equivalent). Secure filter
holder as directed in manufacturers instructions.
B. Fill the reservoir with the sample to be separated, pres-
surize to no more than 75 psi (7 kg/cm^). Filter until no signifi-
cant amount of fluid (5ml) is released during a 30 minute period.
C. After liquid flow stops, depressurize, open top of reser-
voir. If sample appears to contain significant amounts of liquid,
replace filter pads as in step A, and resume filtering. Save pads
for later use. Repeat this step until no more fluid can be removed
from the waste.
B-30
-------
D. Take the solid material, and any pads used in filtration,
and extract in step 2 of the Toxicant Extraction Procedure. Subtract
tare weights of filter pads in calculating the amount of solid
material.
Centrifugation
Equipment
1. Centrifuge (i.e. Damon-IEC catalog no. 7165, Damon-IEC
Corp., Needham Heights, MA, or equivalent) equipped with a rotor for
600 ml to 1 liter containers (Damon-IEC catalog no-. 976, or equiva-
lent). For flammable material containing wastes, explosion proof
equipment, such as the Damon-IEC catalog number 8196 centrifuge is
recommended.
2. Glass centrifuge bottles such as the Corning.catalog 1252
600 ml blood bank centrifuge bottle or its equivalent.
Procedure
A. Centrifuge sample for 30 minutes at 2400 rpm. Hold tem-
perature at 20-30 C (68-87 F).
B. Using a ruler, measure the size of the liquid and solid
layers, to the nearest mm (0.40 inch). Calculate the liquid to solid
ratio.
C. Repeat steps A and B until the solid to liquid ratio during
two consecutive 30 minute centrifugations is within 3 percent.
D. Decant or siphon off the layers and extract the solid using
step 2 of the Extraction Procedure.
B-31
-------
APPENDIX III
STRUCTURAL INTEGRITY PROCEDURE
Equipment
1-Compaction tester having a 1.25 inch diameter hammer weighing
0.73 Ibs. and having a free fall of 6 inches (Associated Design and
Manufacturing Company, Alexandria, VA. 22314, catalog No. 125 or
equivalent).
2-A sample holder prepared from a piece of flexible polyurethane
foam having a 25 percent indentation load deflection of
to Ibs/sq. inch. (Figure 3)
Procedure
A. Fill the sample holder with the material to be tested. If
the waste sample is. a monolithic block, then cut out a representative
sample from the block having the dimensions of a 1.3" X 2.8" cylin-
der.
B. Place the sample holder into the Compaction Tester and apply
12 hammer blows to the sample.
C. Remove the now compacted sample from the sample holder and
transfer it to the extraction apparatus for extraction.
3-32
-------
APPENDIX IV
pH ADJUSTMENT PROCEDURES
Automated
Follow manufacturer's instructions as to procedures for instru-
ment calibration and operation.
Manual
This section prescribes the procedure to use if extractant pH is
maintained manually.
1 - Calibrate pH meter in accord with manufacturer's
specifications.
2 - Adjust pH of solution to 5.
3 - Manually adjust pH of solution at 15, 30, and 60 minute
intervals moving to the next longer interval if the pH did
not have to be adjusted more than 0.5 pH units since the
previous adjustment.
4 - Continue procedure for a period of not less than 6 hours.
5 - Final pH after a 24 hour period must be within the range
4.9-5.2.
6 - If the conditions of 5 are not met, continue pH adjustment
at approximately one hour intervals for a period of not
less than 4 hours.
B-33
-------
APPENDIX V
SAMPLING METHODS
The methods and equipment used for sampling waste materials will
vary with the form and consistency of the waste material to be
sampled. Listed below are sampling protocols appropriate for sam-
pling wastes materials with consistencies similar to the indicated
material.
Extremely viscous liquids - ASTM Standard D140-15
Crushed or powdered material - ASTM Standard D346-15
Soil or rock-like material - ASTM Standard D420-19
Soil-like material - ASTM Standard D1452-19
Fly ash-like material - ASTM Standard D2234-26
Additional protocols to be used are described in the draft report
"Handbook for Sampling Hazardous Waste", Research Grant R-804692010,
available from USEPA, Office of Solid Waste, Information-Materials
Group, Cincinnati, Ohio 45268.
B-34
-------
APPENDIX VI
PESTICIDES
BAAM (Amitraz)
Benomyl
BHC
Cadmium
Chlorobenzilate
Chloroform
DB CP
Diallate
Dimethoate
EBDC's
Endrin
Ethylene dibromide
Kepone
Lindane
Maleic hydrazide
PCNB
Pronamide
Strychnine/strychnine sulfate
1080/1081
2,4,5 - T
Thiophonate methyl
Toxaphene
Acrylonitrile
Creosot
DDVP
DEF
EPN
Erbon
Inorganic arsenicals
Merphos
Me thanearsenates
Paraquat
Pentachlorophenol &
Derivatives
Perthane
Piperonyl butoxide
Ronnel
Rotenone
Silvex
Treflan
Triallate
Trichlorofon
2,4,5 - Trichlorophenol
Aramite
Arsenic trioxide
Benzac
Chloranil
Copper acetoarsenite
Basic copper arsenate
Monuron
OMPA
10,10 - Oxybisphenoxarsine
Phenarsazine chloride
Safrole
Sodium arsenite
Strobane
Trysben
Chlordane/heptachlor
Picloram
Sperm oil
Lead acetate
Cacodylic acid and salts
Carbaryl
Carbon tetrachloride
Coal tar
Dacthal
Daminozide
Dichlorobenzene
1,3 - Dichloropropene
Dimilin
Dinoseb
Epichlorohydrin
Ethylene diamine tetra
Acetic Acid
Folpet
Hexachlorobenzene
8 - Hydroxyquinoline
Maleic anhydride
Perchloroethylene
Phosphorus paste
Probe
Propham/chloropropham
Tribromosalan
Trichloroethylene
Zectran
B-35
-------
Acrolein
Aldicarb
Allyl alcohol
Aluminum phosphide
Amitrole
Azinphos methyl
Calcium cyanide
Carbofuran
Carbon disulfide
Chlorfenvinphos
Chloropicrin
Clonitralid
Cycloheximide
Demeton
Dicrotophos
Dimethoate
Dioxathion
Diquat
Disulfoton
Endosulfan
Endothall
Ethoprop
Ethyl parathion
Ethyl 3 - methyl - 4 phenyl
Phosphoramidate
Ethylene dibromide
Ethylene dichloride
Fensulfothion
Fenthion
Fluoracetamide/1081
Fonofos
Formaldehyde
Hydroocyanic acid
Methamidophos
Methidathion
Me thorny 1
Methyl bromide
Methyl parathion
Mevinphos
Monocrotophos
Nicotine
0,0 - bis (p - chloro-phenyl)
acetimidyol phosphorami-
dothioate
Oxyamyl
Oxydemeton methyl
Phorate
Phosphamidon
Phosphorus
Sodium fluoroacetate
Sulfotepp
Temephos
Tepp
Terbufos
Toxaphene
Xylene
Zinc phosphide
B-36
-------
APPENDIX VII
DEPARTMENT OF TRANSPORTATION (DOT) CLASSIFICATION POISON A,
POISON B, OR ORM-A
Note: *May or may not be regulated depending on whether or not
commodity meets the DOT definition of the hazard class
listed.
Acetaldehyde ammonia ORM-A
Acetone cyanohydrin B
Acetylene tetrabromide ORM-A
Aldrin B
Aldrin, cast solid ORM-A
Aldrin mixture, dry (with more than 65% aldrin) B
Aldrin mixture, dry (with 65% or less aldrin) ORM-A
Aldrin mixture, liquid (with more than 60% aldrin) B
Aldrin mixture, liquid (with 60% or less aldrin) ORM-A
Allethrin ORM-A
Ammonium arsenate, solid B
Ammonium hydrosulfide solution ORM-A
Ammonium polysulfide solution ORM-A
Aniline oil drum, empty B
Aniline oil, liquid B
Antimony lactate, solid ORM-A
Antimony potassium tartrate, solid ORM-A
Antimony sulfide, solid ORM-A
Arsenic acid, solid B
*Arsenic acid, solution B
*Arsenical compound, n.o.s.**, liquid, or B
arsenic mixture, n.o.s., liquid
*Arsenical compound, n.o.s., solid, or B
arsenical mixture, n.o.s., solid
Arsenical dip, liquid (sheep dip) B
Arsenical dust B
Arsenical flue dust B
Arsenic bromide, solid B
Arsenic iodide, solid B
Arsenic pentoxide, solid B
Arsenic, solid B
Arsenic sulfide, solid B
Arsenic trichloride, liquid B
**n.o.s. = not otherwise specified
B-37
-------
Arsenic trioxide, solid B
*Arsenious and mercuric iodide solution B
Arsine A
Barium cyanide, solid B
*BeryIlium compound, n.o.s. B
Bone oil ORM-A
*Bordeaux arsenite, liquid B
*Bordeaux arsenite, solid A
Bromoacetone A
Brucine, solid (dimethoxy strychnine) B
Calcium arsenate, solid B
Calcium arsenite, solid B
Calcium cyanide, solid, or B
calcium cyanide mixture, solid
Camphene ORM-A
Carbaryl ORM-A
Carbolic acid, liquid or phenol, liquid B
(liquid tar acid containing over 50%
benzophenol)
Carbolic acid, or phenol B
Carbon tetrachloride ORM-A
Chemical ammunition, nonexplosive B
(containing a Poison B material)
Chemical ammunition, nonexplosive A
(containing a Poison A material)
Chloroform ORM-A
4-chloro-o-toluidine hydrochloride B
Chloropicrin, absorbed B
Chloropicrin and methyl chloride mixture A
Chloropicrin, liquid B
Chloropicrin mixture (containing no B
compressed gas or Poison A liquid)
Cocculus, solid (fishberry) B
*Compound, tree or weed killing, liquid B
Copper acetoarsenite, solid B
Copper arsenite B
Copper cyanide B
*Cyanide or cyanide mixture, dry B
Cyanogen bromide B
Cyanogen chloride (containing less than A
0.9% water)
Cyanogen gas A
DDT ORM-A
Diazinon ORM-A
Dibromodifluoromethane ORM-A
Dichlorobenzene, ortho, liquid ORM-A
Dichlorobenzene, para, solid ORM-A
Dichlorodifluorolthylene ORM-A
B-38
-------
Dichloromethane or methylene chloride ORM-A
2,4 Dichlorophenoxyacetic acid ORM-A
Dieldrin ORM-A
Dinitrobenzene, solid or dinitrobenzol, solid
*Dinitrobenzene solution B
Dinitrochlorobenzol, solid or dinitrochlorobenzene B
Dinitrocyclohexylphenol ORM-A
*Dinitrophenol solution B
*Disinfectant, liquid B
*Disinfectant, solid B
*Drugs, n.o.s., liquid B
*Drugs, n.o.s., solid B
Ethylene chlorohydrin B
Ethylene dibromide (1,2-dibromomethane) ORM-A
Ferric arsenate, solid B
Ferric arsenite, solid B
Ferrophosphorus ORM-A
Ferrosilicon, containing 30% or more but not more ORM-A
than 70% silicon
Ferrous arsenate (iron arsenate), solid B
Flue dust, poisonous B
Formaldehyde, or formalin solution (in containers ORM-A
of 110 gallons or less)
*Gas identification set A
Germane A
Grenade without bursting charge: with Poison A A
gas charge
Grenade without bursting charge: with Poison B B
gas charge
Hexachloroethane ORM-A
Hexaethyl tetraphosphate and compressed gas mixture A
Hexaethyl tetraphosphate, liquid B
Hexaethyl tetraphosphate mixture, dry (containing B
more than 2% hexaethyl tetraphosphate)
*Hexaethyl tetraphosphate mixture, dry (containing B
not more than 2% hexaethyl tetraphosphate)
Hexaethyl tetraphosphate mixture, liquid (containing B
more than 25% hexaethyl tetraphosphate)
*Hexaethyl tetraphosphate mixture, liquid (containing B
not more than 25% hexaethyl tetraphosphate)
Hydrocyanic acid, liquified A
Hydrocyanic acid (prussic), solution (5% or more A
hydrocyanic acid)
Hydrocyanic acid solution, less than 5% B
hydrocyanic acid)
*Insecticide, dry, n.o.s. B
Insecticide, liquified gas, containing Poison A A
material or Poison B material
B-39
-------
*Insecticide, liquid, n.o.s. B
Lead arsenate, solid 8
Lead arsenite, solid B
Lead cyanide B
Lindane ORM-A
London purple, solid B
Magnesium arsenate, solid B
Malathion ORM-A
*Medecines, n.o.s., liquid B
*Medecines, n.o.s., solid B
*Mercaptan mixture, aliphatic (in containers ORM-A
(of 110 gallons or less)
Mercuric acetate B
Mercuric-ammonium chloride, solids B
Mercuric benzoate, solid B
Mercuric bromide, solid B
Mercuric chloride, solid B
Mercuric cyanide, solid B
Mercuric iodide, solid B
*Mercuric iodide solution B
Mercuric oleate, solid B
Mercuric oxide, solid B
Mercuric oxycyanide, solid B
Mercuric-potassium cyanide, solid B
Mercuric-potassium iodide, solid B
Mercuric salicylate, solid B
Mercuric subsulfate, solid B
Mercuric sulfate, solid B
Mercuric sulfocyanate, solid or B
mercuric thiocyanate, solid
Mercurol, or mercury nucleate, solid B
Mercurous acetate, solid B
Mercurous bromide, solid B
Mercurous gluconate, solid B
Mercurous iodide,, solid B
Mercurous oxide, block, solid B
Mercurous sulfate, solid B
*Mercury compound, n.o.s., solid B
Methyl bromide and ethylene dibromide mixture, B
liquid
Methyl bromide and more than 2% chloropicrin B
mixture, liquid
Methyl bromide and nonflammable, nonliquified B
compressed gas mixture, liquid (including
up to 2% chloropicrin)
Methyl bromide, liquid (bromoethane) including B
up to 2% chloropicrin
Methyl chloroform ORM-A
B-40
-------
Methyldichloroarsine A
Methyl parathion, liquid B
*Methyl parathion mixture, dry B
*Methyl parathion mixture, liquid, (containing B
25% or less methyl parathion)
Methyl parathion mixture, liquid, (containing B
over 25% methyl parathion)
Mipafox ORM-A
Motor fuel antiknock compound, or antiknock compound B
Napthalene or napthalin ORM-A
Nickel cyanide, solid B
Nicotine hydrochloride B
Nicotine, liquid B
Nicotine salicylate B
*Nicotine sulfate, liquid B
Nicotine tartrate B
Nitric oxide A
Nitroaniline B
Nitrobenzol, liquid (oil or mirbane, nitrobenzene) B
Nitrochlorobenzene, ortho, liquid B
Nitrochlorobenzene, meta or para, solid B
Nitrogen dioxide, liquid A
Nitrogen peroxide, liquid A
Nitrogen tetraoxide, liquid A
Nitroxylol B
*0rganic phosphate, organic phosphate compound, A
or organic phosphorus compound; mixed
with compressed gas
*0rganic phosphate, organic phosphate compound; B
or organic phosphorus compound; liquid
*0rganic phosphate, organic phosphate compound, B
or organic phosphorus compound; solid or dry
*0rganic phosphate mixture, organic phosphate B
compound mixture, or organic phosphorus
compound mixture, liquid
*0rganic phosphate mixture, organic phosphate B
compound mixture, or organic phosphorus
compound mixture, solid or dry
ORM-A-n.o.s. ORM-A
Parathion and compressed gas mixture A
Parathion, liquid B
*Parathion mixture, dry B
Parathion mixture, liquid B
Perchloro-methyl-mercaptan B
Perfluoro-2-butene ORM-A
Phencapton ORM-A
Phenyl-dichloro-arsine B
Phenylenediamine, meta or para, solid ORM-A
B-41
-------
Phosgene (diphosgene) A
Phosphine A
Poisonous liquid, n.o.s. or poison B, liquid, n.o.s. B
Poisonous liquid or gas, n.o.s. A
Poisonous solid, n.o.s., or poison B, solid, n.o.s. B
Potassium arsenate, solid B
Potassium arsenite, solid B
Potassium cyanide, solid B
*Potassium cyanide solution B
Potassium dichromate ORM-A
Silver cyanide B
Sodium arsenate B
*Sodium arsenite (solution) liquid B
Sodium azide B
Sodim cyanide, solid B
*Sodium cyanide, solution B
Sodium dichromate ORM-A
Sodium pentachlorophenate ORM-A
Strontium arsenite, solid B
*Strychnine salt, solid B
Strychnine, solid B
Tetrachloroethane ORM-A
Tetrachloroethylene or perchloroehtylene ORM-A
Tetraethyl dithio pyrophosphate and compressed A
gas mixtue
Tetraethyl dithio pyrophosphate, liquid B
Tetraethyl dithio pyrophosphate, mixture, dry B
Tetraethyl dithio pyrophosphate, mixture liquid B
Tetraethyl lead, liquid (including flash point for B
export shipment by water)
Tetraethyl pyrophosphate and compressed gas mixture A
Tetraethyl pyrophosphate, liquid B
Tetraethyl pyrophosphate, mixture, dry B
Tetraethyl pyrophosphate, mixture, liquid B
Tetramethyl methylene diamine ORM-A
*Thallium salt, solid n.o.s. B
Thallium sulfate, solid B
Thiophosgene B
Thiram ORM-A
Toluenediamine ORM-A
Toluene diisocyanate B
Trichloroethylene ORM-A
Zinc arsenate B
Zinc arsenite B
Zinc cyanide B
B-42
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APPENDIX VIII
AUTOCLAVE SPECIFICATIONS
(i) Infectious waste from departments of health care facilities as
defined in 250.12(c)(l) may be rendered nonhazardous by sub-
jecting these wastes to the following autoclave temperatures and
dwelit ime s:
Steam Autoclave
(1) Laundry: 250 F (121 C) for 30 minutes with 15 minutes
prevacuum of 27 in. Hg.
(2) Trash: 250 F (121 C) for 1 hour with 15 minutes
prevacuum of 27 in. Hg.
(3) Glassware: 250 F (121 C) for 1 hour with 15 minutes
prevacuum of 27 in. Hg. for filled.NIH Glassware can.
(4) Liquids: 250 F (121 C) for 1 hour for each gallon.
(5) Animals: 250 F (121 C) for 8 hours with 15 minutes
prevacuum of 27 in. Hg.
(6) Bedding: 250 F (121 C) for 8 hours with 15 minutes
prevacuum of 27 in. Hg.
B-43
-------
APPENDIX IX
CDC CLASSIFICATION OF ETIOLOGIC AGENTS
(i) The CDC Classification of Etiologic Agents on the Basis of
Hazard includes the following classes of agents which are of
potential hazard:
Class 2
Agents of ordinary potential hazard. This class in-
cludes agents which may produce disease of varying degrees
of severity from accidental inoculation or injection or
other means of cutaneous penetration but which are contained
by ordinary laboratory techniques.
Class 3
Agents involving special hazard or agents derived from
outside the United States which require a Federal permit for
importation unless they are specified for higher classifica-
tion. This class includes pathogens which require special
conditions for containment.
Class 4
Agents that require the most stringent conditions for.
their containment because they are extremely hazardous to
laboratory personnel or may cause serious epidemic disease.
This class includes Class 3 agents from outside the United
States when they are employed in entomological experiments
or when other entomological experiments are conducted in
the same laboratory area.
Class 5
Foreign animal pathogens that are excluded from the
United States by law or whose entry is restricted by USDA
administrative policy.
These agents are specified as follows:
A. Classification of Bacterial Agents
B-44
-------
—all species except ^. mallei which is
in class 3
Arizona hinshawii—all serotypes
Bacillus anthracis
Bordetella—all species
Borrelia recurrentis, J^. vincenti
Clostridium botulinum,
Cl. chauvoei, Cl. haemolyticum,
Cl. histolyticum, Cl. novyi,
Cl. septicum, Cl. tetani
Corynebacterium diptheriae,
£. equi, £. renale
Diplococcus (streptococcus) pheumoniae
Erysipelothrix insidiosa
Escherichia coli—all enteropathogenic serotypes
Haemophilias ducreyi, Ji. influenzae
Herellea vaginicola
Klebsiella—al species and all serotypes
Listeria—all species
Mima polymorpha
Moraxella—all species
Mycobacteria—all species except those listed in
Class 3
Mycoplasma—all species except Mycoplasma myocoides and
mycoplasma agalactiae, which are in class 5
Neisseria gonorrhoeae, N_. meningitidis
Pasteurella—all species except those listed in
Class 3
Salmonella—all species and all serotypes
Shigella—all species and all serotypes
Sphacrophorus necrophorus
Staphylococcus aureus
Streptobacillus moniliformis
Streptococcus pyogenes
Treponema carateum, T_. pallidum, and _T. pertenue
Vibrio fetus, V^. comma, including biotype El Tor,
and \/. parahemolyticus
Class 3
Actinobacillus mallei
Bartonella—all species
Brucella—all species
Francisella tularensis
Mycobacterium avium, II. bovis, II. tubercolosis
B-45
-------
Pasteurella multocida type B ("buffalo" and other
foreign virulent strains)
Pseudomonas pseudomallei
Yersenia pestis
B. Classification of Fungal Agents
Class 2
Actinomycetes (including Nocardia species and
Actinomyces species and Arachnia propionica
Blastomyces dermatitides
Cryptococcus neoformans
Paracoccidioides brasiliensis
Class 3
Coccidioides immitis
Histoplasma capsulatum
Histoplasma capsulatum var. duboisii
C. Classification of Parasitic Agents
Class 2
Endamoeba histolytica
Leishmania sp.
Naegleria gruberi
Toxoplasma gondii
Toxocara canis
Trichinella spiralis
Trypanosoma cruzi
Class 3
Schistosoma masoni
D. Classification of Viral, Rickettsial, and Chlamydial Agents
Class 2
Adenoviruses—human—all types
Cache Valley virus
Coxsackie A^ and _B_ Viruses
Cytomegaloviruses
Encephalomyocarditis virus (EMC)
Flanders Virus
B-46
-------
Hart Park Virus
Hepatitus-associated antigen material
Herpes Viruses—except Herpesvirus simiae (Monkey B
virus) which is in class 4
Corona viruses
Influenza viruses—all types except A/PR8/34, which
is in class 1
Langat virus
Lymphogranuloma venereum agent
Measles virus
Mumps virus
Parainfluenza viruses—all types except Parainfluenza
virus 3, SF4 strain, which is in Class 1
Polioviruses—all types, wild and attenuated
Poxviruses—all types except Alastrium, smallpox,
Monkey pox, and whitepox, which depending on
experiments, are in Class 3 or Class 4.
Rabies virus—all strains except Rabies street virus,
which should be classified in Class 3 when
inoculated into carnivores
Reoviruses—all types
Respiratory syncytial virus
Rhinoviruses—all types
Rubella virus
Simiar viruses—all types except Herpesvirus simiar
(Monkey B virus) and Marburg virus, which are
in Class 4
Sindbis virus
Tensaw virus
Turlock virus
Vaccinia virus
Varicella virus
Vole rickettsia
Yellow fever virus, 17D vaccine strain
Class 3
Alastrun, Smallpox, Monkey pox, and Whitepox, when
used in vitro
Arboviruses—all strains except those in Class 2 and
4 (Arboviruses indigenous to the United States
are in Class 3, except those listed in Class
2. West Nile and Semliki Forest viruses may be
be classified up or down, depending on the con-
ditions or use and geographical location of the
laboratory.)
B-47 .
-------
Dengue virus, when used for transmission or animal
inoculation experiments
Lymphocytic chorimeningitis virus (LCM)
Psittacosis-Ornithosis-Trachoma group of agents
Rabies street virus, when used in inoculations of
carnivores (see Class 2)
Rickettsia—all species except Vole rickettsia when
used for transmission or animal inoculation
experiments
Vesicular stomatitis virus
Yellow fever virus—wild, when used in vitro
Class 4
Alastrun, Smallpox, Monkey pox, and Whitepox, when
used for transmission or animal inoculation
experiments
Hemorrhagic fever agents, including Crimean hemor-
rhagic fever (Congo), Junin, and Machupo vir-
uses , and others as yet undefined
Herpesvirus simiae (Monkey B virus)
Lassa virus
Marburg virus
Tick-borne encephalitis virus complex, including
Russian spring-summer encephalitis, Kyasanur
foresj: disease. Omsk hemorrhagic fever, and
Central European encephalitis viruses
Venezuelan equine encephalitis virus, epidemic
strains, when used for transmission or animal
inoculation experiments
Yellow fever virus—wild, when used for transmis-
sion or animal inoculation experiments
Class 5
A. Animal agents excluded from the United States by law. Virus
foot and mouth disease.
B. Animal agents excluded by USDA administrative policy.
African horse sickness virus
African swine fever virus
Besnoitia besnoiti
Borna disease virus
Bovine infectuous petechial fever
Camel pox virus
B-48;
-------
Ephemeral fever virus
Fowl plague virus
Goat pox virus
Hog cholera virus
Louping ill virus
Lumpy skin disease virus
Nairobi sheep disease virus
Newcastle disease virus (Asiatic strains)
Mycoplasm mycoides (contagious bovine pleuro-pneumonia
Mycoplasm agalactiae (contagious agalactia of sheep)
Rickettsia ruminatium (heart water)
Rift valley fever virus
Sheep pox virus
Swine vesicular disease virus
Teschen disease virus
Trypanosoma vivax (Nagana)
Theileria parva (East Coast fever)
Theileria annulata
Theileria lawrencei
Theileria bovis
Theileria hirci
Vesicular exanthema virus
Wesselsbron disease virus
Zyonema farciminosum (pseudofarcy)
B-49
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APPENDIX X
RADIOACTIVE WASTE MEASUREMENTS
Radium-226 concentration can be determined by either of the
following methods referenced in Part 300 of Standard Methods for the
Examination of Water and Wastewater, 13th ed. APHA, AWWA, WPCF, New
York (1970).
1. Precipitation method
2. Radon Emanation Technique
Radium-226 concentration in liquid sources can be determined
by the method referenced in Interim Radioachemical Methodology for
Drinking Water (EPA-600/4-75-008 [Revised]).
Additional Information Concerning Sample Preparation
1. Radiossay Procedures for Environmental Samples
U.S. Department of Health, Education and Welfare,
Public Health Service, Rockville, Maryland (1967).
2. Method for Determination of Radium-226 in Solid
Waste Samples available from USEPA Office of Solid
Waste.
B-50
-------
APPENDIX XI
(A) DETECTION OF GENE MUTATIONS
(a) Point Mutations in Bacteria
(1) Positive Controls - All assays must be run with a concur-
rent positive control. Positive control compounds or
mixtures shall be selected to demonstrate both the sensi-
tivity of the indicator organism and the functioning of
the metabolic activation system.
(2) Negative Controls - A solvent negative control shall be
included.
(3) Choice of Organisms - The bacteria used shall include
strains capable of detecting base pair substitutions (both
transitions and transversions) and frame-shift mutations.
The known spectrum of chemical mutagens capable of being
detected by the strains shall be considered when selecting
the strains. The strains shall also be highly sensitive to
a wide range of chemical mutagens. They may include
strains whose cell wall, DNA repair, or other capabilities
have been altered to increase sensitivity (Ames, 1975;
McCann et al., 1975). Although sensitive bacterial assays
for forward mutations at specific loci or over some portion
of the entire genome may also be appropriate, at the pre-
sent time the most sensitive and best-characterized bac-
teria for mutagenicity testing are those capable of
indicating reverse mutations at specific loci.
B-51
-------
(4) Methodology
(i) General - The test shall be performed in all respects in
a manner known to give positive results for a wide range
of chemical mutagens at low concentrations. Tests must
be run with and without metabolic activation. The sen-
sitivity and reproducibility of the metabolic activation
systems and strains used shall be evaluated both by ref-
erence to past work with the method and by the concurrent
use of positive controls.
(ii) Plate Assays. In general, the EP extract should be
tested by plate incorporation assays at various concen-
trations. Test conditions should minimize the possible
effects due to extraneous nutrients, contamination by
other bacteria, and high levels of spontaneous mutants.
(iii) Liquid Suspension Assays. A few chemicals (e.g.,
diethylnitrosamine and demethylnitrosamine) will give
positive results only in tests in which the test sub-
stance, the bacteria, and the metabolic activation system
are incubated together in liquid prior to plating, but
not in a plate incorporation assay (Bartsch et al.,
1976). Thus, tests shall be conducted in liquid suspen-
sion as well as on agar plates.
(iv) Doses. The highest test dose which does not result in
excessive cell death shall be used.
B-52
-------
(B) DETECTION OF GENE MUTATIONS
(a) Mammalian Somatic Cells In Culture
(1) Choice of Cell Systems - A number of tests in mammalian
somatic cells in culture are available in which specific
locus effects may be detected in response to chemical
exposure (Shapiro et al., 1972; Chu, 1971). The cell line
used shall have demonstrated sensitivity of chemical induc-
tion of specific-locus mutations by a variety of chemicals.
The line shall be chosen for ease of cultivation, freedom
from biological contaminants such as mycoplasms, high and
reproducible cloning efficiencies, definition of genetic
detection, loci, and relative karyotypic stability. The
inherent capabilities of the test cells for metabolic
activation of promutagens to active mutagens shall also be
considered, as well as the use of metabolic activation
systems similar to those used with microorganisms.
2. Methodology
(i) General. The test shall be performed in all respects in a
manner known to give positive results for a wide range of
chemical mutagens. The sensitivity of the system, meta-
bolic activation capability, and its reproducibility must
be evaluated by reference to past work and by the concur-
rent use of positive controls. Culture conditions which
may affect the detection of mutations and give falsely high
B-53
-------
or low figures for reasons other than chemical induction
shall be avoided. Definition of detected genetic loci
studies and verification that the observed phenotypic
changes are indeed genetic alterations should be presented.
(b) Mutation In Fungi
(1) Controls - All considerations discussed under section
(A)(a) are applicable.
(2) Choice of Organisms - The fungi used shall include strains
capable of detecting base pair substitutions (both transi-
tions and transversions) and frame-shift mutations. More
inclusive assay systems, such as those designed to detect
recessive lethals, are also acceptable. The known spectrum
of chemical mutagens capable of being detected by the
strains shall be considered when selecting the strains.
The strains shall also be highly sensitive to a wide range
of chemical mutagens. Strains altered in DNA repair or
other capabilities with the intent to increase sensitivity
may be used, subsequent to validation. Either forward or
reverse mutation assays may be applied.
(3) Methodology
(i) General - All considerations discussed under Section
(A)(a)(4)(i) are applicable. Care should be taken to
investigate stage sensitivity, i.e., replicating versus
nonreplicating cells, as well as possible requirement for
post-treatment growth.
B-54
-------
(ii) Plate Assays - While spot tests and plate incorporation
assays are useful for preliminary testing, they shall not
be considered conclusive.
(C) DETECTING EFFECTS ON DNA REPAIR OR RECOMBINATION AS AN INDICATION
OF GENETIC DAMAGE
(a) DNA Repair in Bacteria
(1) Controls - All considerations discussed under section (A)
are applicable.
(2) General
(i) When the DNA of a cell is damaged by a chemical mutagen,
the cell will utilize its DNA repair enzymes in an
attempt to correct the damage. Cells which have reduced
capability of repairing DNA may be more susceptible to
the action of chemical mutagens, as detected by increased
cell death rates. For suspension tests using DNA repair-
deficient bacteria, the positive control should be simi-
lar in toxicity to the test mixture.
(ii) The DNA repair test in bacteria determine if the test
substance(s) is more toxic to DNA repair-deficient cells
than it is to DNA repair-competent cells. Such differ-
ential toxicity is taken as an indication that the)
\chemical interacts with the DNA of the exposed cells to)
Jproduce increased levels of genetic damage.
(3) Choice of Organisms - Two bacterial strains, with no known
genetic differences other than DNA repair capability, shall
B-55
-------
be used. The strains selected shall be known to be capable
of indicating the activity of a wide range of chemical
mutagens. The spectrum of chemical tnutagens and chemical
mixtures capable of being detected by the strains and pro-
cedures used shall be reported.
(4) Methodology
(i) Plate Test - The EP extract should be tested by spotting
a quantity on an agar plate which has had a lawn of the
indicator organisms spread over it. After a suitable
incubation period, the zone of inhibition around the spot
shall be measured for each strain and compared for the
DNA repair-competent and DNA repair-deficient strains.
If no discrete zone of inhibition is seen with either
strain, then the results of the tests are not meaningful.
(ii) Liquid Suspension Test - The liquid suspension test shall
also be performed by comparing the rates at which given
concentrations of the test substances will kill each of
the two indicator strains when incubated in liquid
suspension. Conditions should be adjusted so that
significant killing of the DNA repair-competent strain
occurs, if this is possible. Methodology is discussed in
Kelly and Grindley, 1976.
(iii) Doses - The dose level of test substances used in the
plate or suspension test shall be adjusted so that
B-56
-------
significant toxicity to the DNA repair-competent strain
is measured. In the plate test, this means that a zone
of inhibition must be visible; in the suspension test,
significant loss of cell viability must be measured.
This may not be possible if the test substance is
not toxic to the bacteria or if, in the plate test, it
does not dissolve in and diffuse through the agar. The
same dose must be used in exposing the DNA repair-
competent and repair-deficient strains.
(b) Unscheduled DNA Synthesis In Human Diploid Cells
(1) General - DNA damage induced by chemcial treatment of a
cell can be measured as an increase in unscheduled DNA
synthesis which is an indication of increased DNA repair.
Unrepaired or misrepaired alterations may result in gene
mutations or in breaks or exchanges which can lead to
deletion and/or duplication of larger gene sequences or to
translocations which may affect gene function by position
effects (Stitch, 1970; Stoltz et al., 1974).
(2) Methodology
(i) General - Primary or established cell cultures with
normal repair function shall be used. Standardized human
cell strains from repositories are recommended. Controls
should be performed to detect changes in scheduled DNA
synthesis at appropriate sections in the experimental
B-57
-------
design. The media conditions shall be optimal for mea-
suring repair synthesis.
(ii) Dose - At least five dose levels shall be used and the
time in the cycle of cynchronour or non-proliferating
maximum compound dose shall induce toxicity, and the
dosing period with the test substance shall not be less
than sixty minutes.
(iii) Sister Chromatid Exchange In Mammalian Cells With and
Without Metabolic Activation
(1) Controls - All considerations discussed under section
A(a) are applicable.
(2) General - Cytological techniques are available to
evaluate the genetic damage induced by chemicals. In the
past few years a technique has been developed for identi-
fying sister chromatid exchanges much more simply and
efficiently than by the autoradiographic method. The
method utilizes the fact that a fluorescent stain Hoechst
33258 binds to thymidine-containing DNA but not, or for
less efficiently, to BrdUrd-substituted DNA. This means
that the order of fluorescence would be brightest for DNA
unreplicated in BrdUrd, intermediate for DNA after one
round of replication in BrdUrd, and least for DNA follow-
ing two rounds of replication in BrdUrd. Thus, a sister
chromatid exchange can be seen as a switch of fluores-
cence pattern at the point of exchange. Parry and Wolff
B-58
-------
(1974) combined Hoechst staining with Giemsa staining such
that the brightly fluorescing regions stain darkly with
Giemsa, and the dully fluorescent regions hardly stain at
all.
(3) Choice of Organisms - Chromosomal preparations of human
peripheral blood leukocytes or Chinese hamster ovary cells
shall be used.
(4) Methodology
(i) General - The test method must be capable of detecting
sister chromatid exchanges. Procedures reported by Perry
and Wolff (1974) and Moorhead et al. (1960) are recom-
mended. Metabolic activation with rat liver S-9 mix
should be incorporated whenever it is appropriate.
(ii) Doses - Test substances shall be tested to the highest
dose where toxicity does not interfere with the test
procedure.
(d) Mitotic Recombination and/or Gene Conversion in Yeast
(1) Controls - All considerations discussed under section (A)
are applicable.
(2) General - One can effectively study the chromosomes of
eucaryotic microorgansims by employing classical genetic
methodologies which depend upon the behavior and inter-
action of specific markers spaced judiciously within the
genome. These methods have been developed over several
3-59
-------
decades and have been applied in recent years to the study
of induced genetic damage (Zimmerman, 1971, 1973, 1975;
Brusick and Andrews, 1974).
(3) Choice of Oganisms - Diploid strains of yeast that detect
mitotic crossing-over and/or mitotic gene conversion shall
be used. Additionally, as appropriate strains are devel-
oped, monitoring for induced non-disjunction and other
effects may be possible. Mitotic crossing-over shall be
detected in a strain of organism in which it is possible,
by genetic means, to determine with reasonable certainty
that reciprocal exchange of genetic information has occur-
red. Strains employed for genetic testing shall be of
proven sensitivity to a wide range of mutagens.
(4) Methodology
(i) General - In general, wastes shall be tested in liquid
suspension tests.
S-60
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APPENDIX XII
(A) BIOACCUMULATION POTENTIAL TEST
(a) General - Reverse-phase liquid chromatography is a separation
process in which chemicals are injected onto a column of fine par-
ticles coated with an nonpolar (water insoluble) oil and then eluted
along the column with a polar solvent such as water or methanol. Re-
cent developments in this field have produced a permanently bonded
reverse-phase column in which long-chain hydrocarbon groups are
chemically bonded to the column packing material which leads to a
more reproducible separation. The chemicals injected are moved along
the column by partitioning between the mobile water phase and the
stationary hydrocarbon phase. Mixtures of chemicals can be eluted in
order of their hydrophobicity, with water soluble chemicals eluted
first and the oil soluble chemicals last in proportion to their
hydrocarbon/water partition coefficient. Calibration of the instru-
ment using compounds of known octanol/water partition coefficient al-
lows this procedure to be used to determine whether an unknown mix-
ture contains compounds with octanol/water partition coefficients
above a designed level.
Specific correlations exist between octanol/water partition
coefficients and bioconcentration in fish. This test thus offers a
rapid, inexpensive method of identifying those mixtures which contain
compounds which pose a potential bioaccumulative hazard.
B-61
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Compounds with Log P 3.0, but which readily biodegrade would not
be expected to persist in the environment long enough for accumula-
tion to occur. Thus, a degradation option has been included in order
to exempt these substances from the hazardous waste control system.
(b) Chromatography Conditions - A liquid chromatograph equipped
with a high pressure stopflow injector and a 254 nm ultraviolet de-
tector with an 8 ul cell volume and 1 cm path length is employed.
The column is a Varian Preparative Micropake C-H (Catalog number
07-000181-00), or its equivalent, consisting of a 250 mm X 8 mm
(i.d.) stainless steel filled with 10 micron lichrosorb to which
octadecylsilane is permanently bonded.
The column is operated at ambient temperature. The solvent
consists of a mixture of water and methanol (15:85, v/v) which is
pumped through the column at 2.0 ml/minute.
(c) Retention Volume Calibration - Chemicals are dissolved in a
mixture of acetone and cyclohexane (3:1, v/v). For preparing the
calibration curve the quantity of individual chemicals in the solu-
tion is adjusted to give a chromatographic peak of at least 25
percent of the recorder scale. Acetone produces a large peak at
approximately 2.6 minutes.
Six chemicals for which Log P has been reported are used to
calibrate the elution time in units of Log P. The calibration mix-
ture is summarized in Table 1 and includes benzene, bromo-benzene,
biphenyl, bibenzyl, p,p'-DDE, and 2,4,5,2',5'-pentachlorobiphenyl.
B-62
-------
TABLE 1
PARTITION COEFFICIENTS FOR CHEMICALS USED FOR CALIBRATION
Log P
Acetone 0.55
Benzene 2.13
Bromobenzene 2.99
Biphenyl 3.76
Bibenzyl 4.81
p,p'-DDE 5.69
2,4,5,2',5'-Pentachlorobiphenyl 6.11
B-63
-------
(d) Sensitivity Calibration - The mixture is chromatographed and a
calibration curve prepared daily to eliminate small differences due
to flow rate or temperature and to follow the retention properties of
the column during prolonged use. The calibration is made by plotting
Log P vs the logarithm of the absolute retention time (log RT).
Figure 1 is an example of such a calibration curve.
(e) Test Procedure
(1) Prepare a calibration curve as described above.
(2) Calculate the geometric mean of the instrumental response to
the chemicals listed in Table 1 with the exception of the
acetone. This value, expresssed in g/25 percent full
scale deflection is designated the Instrumental Response
(IS).
(3) Extract X liters of the EP extract to be tested, using
dichloromethane, and concentrate the extract to a quantity
suitable for injection onto the column. The quantity X is"
determined by the instrumental sensitivity and is given by
the relationship: x in liters = IS in micrograms.
(4) Analyze the extract using the now calibrated chromatograph.
A positive response is defined as an instrumental response
greater than or equal to 25 percent full scale detector
response in the region of Log P greater than or equal to
3.5.
B-64
-------
7.0i
6.0
'0 PCB (5-C1)
ta
5.0
w
H
H
8
c
4.0
3.0
Bibenzyl
0 / Biphenyl
Bromobenzene
2.0l
0 / Benzene
1.0
0 Acetone
1.0
LOG RETENTION TIME (MINUTES)
FIGURE 1
2.0
-------
(5) If a positive response is indicated in step D, then subject
a sample of the waste to be a standard biodegradation assay
and then retest. If a positive response with the degraded
waste is not obtained, then the waste is not considered to
be hazardous by reason of bioaccumulativeness.
3-66
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APPENDIX XIII
CONTROLLED SUBSTANCE LIST
Maximum Permissible TEP
Elutriate Concentration
Substance (mg/1)
Aloperidin 1
Amantadine 1
4-Aminoantipyrin acetamide 1
Aminopterin 1
3-Amino-l,2,4-triazole 1
6-Azauridine 1
Azo dyes 1
Benzene 1
Bisulfan 1
Carbon tetrachloride 1
Chloroquine 1
Chlorambucil 1
Cobalt salts 1
Colchicine 1
Coumarin derivatives 1
Cyasin 1
Cyclophosphamide 1
Dextroamphetamine sulfate ' 1
Diazepam (Valium) 1
Diethylstilbesterol 1
Dimethylaminoazobenzene 1
Dimethylnitrosamine 1
Diphenylhydantoin 1
Ethionine 1
Grisefulvin 1
1-Hydroxysafrole 1
Maleic Hydrazide 1
Methotrexate 1
Methylthiouracil 1
Mytomycin-C 1
d-Penicillamine 1
Phenylalanine 1
Phorbol esters 1
Quinine 1
Resperine 1
p-Rosanilin 1
Safrole 1
B-67
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APPENDIX XIII
CONTROLLED SUBSTANCE LIST (Concluded)
Substance
Serotonin
Streptomycin
Testosterone
Thioacetamide thiourea
Trimethadione
d-Tubocurarine
Maximum Permissible TEP
Elutriate Concentration
(mg/1)
B-68
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Appendix XIV
PRIORITY POLLUTANTS
Compound Name
1. acenaphthene
2. acrolein
3. acrylonitrile
4. benzene
5. benzidine
6. carbon tetrachloride (tetrachloromethane)
7. chlorobenzene
8. 1.2,4-trichlorobenzene
9. hexachlorobenzene
10. 1,2-dichloroethane
11. 1,1,1-trichloroethane
12. hexachloroethane
13. 1,1-dichloroethane
14. 1,1,2-trichloroethane
15. 1,1,2,2-tetrachloroethane
16. chloroethane
17. bis(chloromethyl) ether
18. bis(2-chloroethyl) ether
19. 2-chloroethyl vinyl ether (mixed)
20. 2-chloronaphthalene
21. 2,4,6-trichlorophenol
22. parachlorometa cresol
23. chloroform (trichloromethane)
24. 2-chlorophenol
25. 1,2-dichlorobenzene
26. 1,3-dichlorobenzene
27. 1,4-dichlorobenzene
28. 3,3'-dichlorobenzidine
29. 1,2-dichloroethylene
30. 1,2-trans-dichloroethylene
31. 2,4-dichlorophenol
32. 1,2-dichloropropane
33. 1,2-dichloropropylene (1,3-dichloropropene)
34. 2,4-dimethylphenol
35. 2,4-dinitrotoluene
36. 2,6-dinitrotoluene
37. 1,2-diphenylhydrazine
38. ethylbenzene
39. fluoranthene
40. 4-chlorophenyl phenyl ether
41. 4-bromophenyl phenyl ether
B-69
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42. bis(2-chloroisopropyl) either
43. bis(2-chloroethoxy) methane
44. methylene chloride (dichloromethane)
45. methyl chloride (chloromethane)
46. methyl bromide (bromomethane)
47. bromoform (tribromomethane)
48. dichlorobromomethane
49. trichlorofluoromethane
50. dichlorodifluoromethane
51. chlorodibromomethane
52. hexachlorobutadiene
53. hexachlorocyclopentadiene
54. isophorone
55. naphthalene
56. nitrobenzene
57. 2-nitrophenol
58. 4-nitrophenol
59. 2,4-dinitrophenol
60. 4,6-dinitro-o-cresol
61. N-nitrodosimethylamine
62. N-nitrosodiphenylamine
63. N-nitrosodi-n-propylamine
64. pentachlorophenol
65. phenol
66. bis(2-ethylhexyl) phthalate
67. butyl benzyl phthalate
68. di-n-butyl phthalate
69. di-n-octyl phthalate
70. diethyl phthalate
71. dimethyl phthalate
72. benzo(a)anthracene (1,2-benzathracene)
73. benzo(a)pyrene (3,4-benzopyrene)
74. 3,4-benzofluoranthene
75. benzo(k)fluoranthane (11,12-benzofluoranthene)
76. chrysene
77. acenaphthylene
78. anthracene
79. benzo(ghi)perylene (1,12-benzoperylene)
80. fluorene
81. phenathrene
82. dibenzo(a,h)anthracene (1,2,5,6-dibenzanthracene)
83. indeno (1,2,3cd)pyrene (2,3-o-phenylenepyrene)
84. pyrene
85. tetrachloroethylene
86. toluene
87. trichloroethylene
88. vinyl chloride (chloroethylene)
B-70
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89. aldrin
90. dieldrin
91. chlordane (technical mixture & metabolites)
92. 4,4'-DDT
93. 4,4'-DDD (p.p'-DDX)
94. 4,4'-DDD (p,p'-TDE)
95. a-endosulfan-Alpha
96. b-endosulfan-Beta
97. endosulfant sulfate
98. endrin
99. endrin aldehyde
100. heptachlor
101. heptachlor epoxide
102. a-BHC-Alpha
103. b-BHC-Beta
104. r-BHC (lindane)-Gamma
105. g-BHC-Delta
106. PCB-1242 (Arochlor 1242)
107. PCB-1254 (Arochlor 1254)
108. PCB-1221 (Arochlor 1221)
109. PCB-1232 (Arochlor 1232)
110. PCB-1248 (Arochlor 1248)
111. PCB-1260 (Arochlor 1260)
112. PCB-1016 (Arochlor 1016)
113. Toxaphene
114. Antimony (Total
115. Arsenic (Total)
116. Asbestos (Fibrous)
117. Beryllium (Total)
118. Cadmium (Total)
119. Chromium (Total)
120. Copper (Total)
121. Cyanide (Total)
122. Lead (Total)
123. Mercury (Total)
124. Nickel (Total)
125. Selenium (Total)
126. Silver (Total)
127. Thallium (Total)
128. Zinc (Total)
129. 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD)
B-71
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Ames, E.N., J. McCann, and E. Yamasaki. 1975. Methods for
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Bartsch, H., A. Camus, and C. Malaveille. 1976. Comparative
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Brusick, D. and H. Andrews. 1974. Comparison of the genetic
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Weisburger, and H.C. Grice. 1974. Evaluation of short-term tests
for carcinogenicity. Tox. Appl. Pharm. 29: 157-180.
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Subpart B - Standards Applicable to Generators of
Hazardous Waste
250.20 Scope and Purpose
250.21 Definitions
250.22 Manifest
250.23 Reporting
250.24 Recordkeeping
250.25 Containers
250.26 Labeling Practices
250.27 Confidential Information
250.28 Presumption
250.29 Transfer of Liability Contract
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250.20 SCOPE AND PURPOSE
(a) These regulations are published pursuant to Sections
2002(a) and 3002 of the Act, which authorize the Administrator to
promulgate standards applicable to generators of hazardous waste
identified or listed under Subpart A of this Part.
(b) Every generator that designates a hazardous waste for
on-site or off-site treatment, storage, or disposal must send it to a
permitted facility.
(c) Every generator that designates a hazardous waste for off-
site treatment, storage, or disposal at a facility which the genera-
tor does not own, need not comply with the reporting requirements of
this subpart contained in Sections 250.23(d), (e), (f), (g), and (h).
(d) Every generator that designates a hazardous waste for off-
site treatment, storage, or disposal at a facility which the genera-
tor owns, need not comply with the requirements of this Subpart
contained in Sections 250.23 and 250.24 if the permitted facility is
in the same state where hazardous waste generation occurs.
(e) Every generator that designates a hazardous waste for
on-site treatment, storage, or disposal, need not comply with the
requirements of this Subpart contained in Sections 250.22, 250.23(a),
(b), (c), (f), (g), (h), 250.25, and 250.26.
(f) Any generator engaged solely in retail trade or farming,
must comply with the requirements of this Subpart only for the
treatment, storage and disposal of waste automotive oil.
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(g) Any individual who at his or her household generates only
household refuse or household septic tank pumpings, is not required
to comply with the requirements of this Subpart.
(h) Every generator of waste automotive oil, must designate
that waste to a permitted facility.
(i) Any person may assume the generator's total liability for
compliance with all the requirements under this Subpart for waste
automotive oil only. Any person that assumes the generator's
liability must have in writing a Transfer of Liability Contract for
each generator, which complies with the requirements of this Subpart
contained in Section 250.29.
(j) Any agent who assumes the generator's liability in compli-
ance with Section 250.29 of this Subpart, need not comply with the
reporting requirements contained in Sections 250.23(a), (b) , (c),
(d), and (e).
(k) Every generator must apply to EPA for an identification
code before commencing hazardous waste generation activities in
accordance with the procedures under Sections 250.822 and 250.823.
(1) Every generator must comply with Subpart D and Subpart E of
this part if the waste remains on-site for 90 days or longer.
(m) Any person may designate a hazardous waste for treatment',
storage, or disposal at a facility which is not a permitted facility
if that facility is not located in an EPA Region or jurisdictions
part of the United States.
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250.21 DEFINITIONS
For the purpose of this Subpart, all terms not herein defined
shall have the meaning given by the Act.
(1) The term "agent" means any person who assumes the
generator's liability for the treatment, storage or dis-
posal of waste automotive oil in compliance with the
requirements contained in this Subpart.
(2) The term "closing date" means the date which marks the end
of a reporting quarter or reporting year.
(3) The term "Delivery Document" means a shipping paper (bill
of lading, waybill, dangerous cargo manifest, or other
shipping document) used in lieu of the original manifest.
(4) The term "EPA" means the U.S. Environmental Protection
Agency.
(5) The term "EPA Region" means the states found in any one o_f
the following ten regions:
(1) Region 1 - Maine, Vermont, New Hampshire, Mas-
sachusetts, Connecticut, and Rhode Island.
(2) Region II - New York, New Jersey, and Puerto Rico.
(3) Region III - Pennsylvania, Maryland, West Virginia,
and Virginia.
(4) Region IV - Kentucky, Tennessee, North Carolina, Mis-
sissippi, Alabama, Georgia, South Carolina, and
Florida.
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(5) Region V - Minnesota, Wisconsin, Illinois, Michigan,
Indiana, and Ohio.
(6) Region VI - New Mexico, Oklahoma, Arkansas, Louisiana,
and Texas.
(7) Region VII - Nebraska, Kansas, Missouri, and Iowa.
(8) Region VIII - Montana, Wyoming, North Dakota, South
Dakota, Utah, and Colorado.
(9) Region IX - California, Nevada, Arizona, Hawaii, and
Guam.
(10) Region X - Seattle, Oregon, Idaho, and Alaska.
(6) The term "generator" means any person or Federal Agency
whose act or process produces hazardous waste (as iden-
tified or listed under Subpart A of this part); provided,
however, a person or Federal Agency who produces and dis-
poses of no more than 100 kilograms (approximately 220
pounds) per month of hazardous waste (as identified or
listed under Subpart A of this part) is not a generator.
(7) The term "identification code" means the unique code
assigned by EPA to each generator, transporter, and treat-
ment, storage or disposal facility, pursuant to regulations
published in Section 250.20(k) of this Subpart and Subpart
G of this part.
(8) The term "international shipment" means the transportation
of hazardous waste between an EPA Region and jurisdictions
not part of the United States.
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(9) The term "interregional shipment" means the transportation
of hazardous waste between EPA Regions.
(10) The term "intraregional shipment" means the transportation
of hazardous waste within an EPA Region.
(11) The term "manifest document number" means the unique, seri-
ally increasing number assigned to the manifest by the
generator for recordkeeping and reporting purposes.
(12) The term "on-site" means on the same geographically con-
tiguous property. Two or more pieces of property which
are geographically contiguous and are divided by public or
private right(s)-of-way are considered a single site.
(13) The term "package" or "outside package" means a packaging
plus its contents.
(14) The term "packaging" means the assembly of one or more
containers and any other components necessary to assure
compliance with the minimum packaging requirements under 49
CFR 173, 178, and 179 and includes containers (other than
freight containers or overpacks), portable tanks, cargo
tanks, tank cars, and multiunit tank car tanks.
(15) The term "permitted hazardous waste management facility (or
permitted facility)" means a hazardous waste treatment,
storage, or disposal facility that has received an EPA
permit in accordance with the requirements of Subpart E of
this part or a permit from an authorized State agency.
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(16) The term "Regional Administrator" means one of the
Regional Administrators of the United States Environmental
Protection Agency.
(17) The term "reporting quarter" means the three month time
period covered by each quarterly report; the reporting
quarters shall end on the last day of March, June,
September, and December.
(18) The term "reporting year" means the twelve month time
period covered by each annual report; the reporting year
shall end on the last day of September.
(19) The term "spill" means any accidental discharge of a
hazardous waste onto or into the land or water.
(20) The term "storage tank" means any manufactured nonportable
covered device used for containing pumpable hazardous
waste.
250.22 MANIFEST
(a) Every generator must, for each off-site shipment of hazard-
ous waste, ensure that the following information is designated on the
manifest (See Table I for a sample manifest format):
(1) A manifest document number;
(2) The generator's (or generators') identification code(s),
name(s), address(es), and the date of shipment;
(3) The identification code(s), name(s), and address(es), of
the transporter(s);
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(4) The identification code(s), name(s), and address(es), of
the permitted facility(ies);
(5) The name and code of the hazardous waste (under the column
"shipping description"), by its Department of Trans-
portation (DOT) proper shipping name (49 CFR 172), or by
the U.S. Environmental Protection Agency (EPA) name (as
listed under Section 250.14 of Subpart A of this part), if
the DOT proper shipping name is not applicable. However,
if the DOT proper shipping name "NOT OTHERWISE SPECIFIED"
(NOS) is used, the EPA name (as listed under Section 250.14
of Subpart A of this part) must also be designated on the
manifest after the DOT proper shipping name NOS;
(6) The hazard class of each waste as identified or listed
under the DOT hazard class (49 CFR 172), or by the EPA
characteristic (as identified or listed under Section
250.13(a) and 250.14 of Subpart A of this part) if the DOT
hazard class is not applicable. However, if the DOT
hazard class "OTHER REGULATED MATERIALS" (ORM) is used, the
EPA characteristic (as identified or listed under Section
250.13(a) and 250.14 of Subpart A of this part) must also
be designated on the manifest after the DOT hazard class
ORM;
(7) The quantity of each hazardous waste, by units of volume or
weight in pounds (P), tons (T), gallons (G), or cubic yards
(CY); or by the number of drums (D) with their capacities;
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(8) Directions as to what immediate action should be taken re-
garding a spill, or a 24-hour telephone number or numbers
where information on how to handle a spill can be obtained;
(9) The statement "In the event of a spill contact the National
Response Center, U.S. Coast Guard, 800-424-8802 for
emergency assistance;"
(10) When available, special handling instructions; and
(11) When appropriate, additional comments.
In addition to the above, the generator must:
(i) Make the following certification: "This is to certify that
the above-named materials are properly classified,
described, packaged, marked, and labeled and are in proper
condition for transportation according to the applicable
regulations of the Department of Transportation and the
U.S. Environmental Protection Agency; and
(ii) Certify the information on the manifest by having an auth-
orized representative of the generator sign and date it.
(b) Every generator must retain at least one copy of the man-
ifest with the generator's and the transporter's signature
until a copy of the manifest or delivery document signed by
an authorized agent of the treatment, storage, and dispoal
facility is received. Every generator must give the trans-
porter at least three copies of the signed manifest before
allowing shipment of the hazardous waste.
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250.23 REPORTING
Reporting for Off-site Shipments of
Hazardous Waste
(a) Generators who designate hazardous waste for off-site
treatment, storage, or disposal must:
(1) Make an annual report for intraregional or inter-
regional shipments of hazardous waste based on the
information designated on the manifests which were
dated for shipment during the reporting year;
(2) Make a quarterly report based on the information
designated on the manifest for shipments of hazardous
waste sent during the reporting quarter to a treat-
ment, storage, or disposal facility but not received,
or for international shipments of hazardous waste.
Receipt of a hazardous waste shipment is defined by
the return of a signed copy of the manifest or
delivery document to the generator by an authorized
agent of the treatment, storage, or disposal facil-
ity. No quarterly report is required for intra-
regional or interregional shipments of hazardous
wastes if all hazardous waste shipments are received
by the treatment, storage, or disposal facility.
(3) Send the report within four weeks after the closing
date to the Regional EPA Administrator with regulatory
authority over the generator.
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(b) Generators who treat, store, or dispose of hazardous waste
off-site must designate in the annual report (see Table II
for the report form):
(1) The generator's identification code, name, and
address;
(2) The closing date of the annual reporting period;
(3) The identification code of each permitted facility to
which a hazardous waste has been sent;
(4) The name and code of each hazardous waste appearing on
the manifest under "shipping description" which was
treated, stored, or disposed of at a permitted facil-
ity;
(5) The total quantity of each hazardous waste;
(6) The units of volume or weight of each quantity in
pounds (P), tons (T), gallons (G), million gallons
(MG), or cubic yards (CY).
In addition to the above, the generator must:
(i) Make the following certification: "I certify that the
above information is correct to the best of my knowledge
and belief;" and
(ii) Certify the information on the report by having an
authorized representative of the generator sign and date
it.
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(c) Generators who treat, store, or dispose of hazardous waste
off-site must designate in the quarterly report for hazard-
ous waste shipment(s) not received by a treatment, storage,
or disposal facility or for international shipment(s) of
hazardous waste (See Table II for the report form):
(1) The generator's identification code, name, and
address;
(2) The closing date of the quarterly reporting period;
(3) The letters "NR" for hazardous waste shipments not re-
ceived at a treatment, storage, or disposal facility,
or the letter "I" if the shipment was international.
Followed by the identification code of the permitted
facility(ies) or for international shipments the name
and address of the treatment, storage, or disposal
facility(ies) to which a hazardous waste has been
sent;
(4) The manifest document number, followed by the date of
shipment to the treatment, storage, or disposal facil-
ity;
(5) The name and code of each hazardous waste appearing on
the manifest under "shipping description;"
(6) The total quantity of each hazardous waste; and
(7) The units of volume or weight of each quantity in
pounds (P), tons (T), gallons (G), million gallons
(MG), or cubic yards (CY).
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In addition to the above, the generator must:
(i) Make the following certification: "I certify that the
above information is correct to the best of my knowledge
and belief;" and
(ii) Certify the information on the report by having an
authorized representative of the generator sign and date
it.
Reporting for On-site Treatment, Storage, and Disposal of
Hazardous Waste
(d) Generators who designate hazardous waste for on-site treat-
ment, storage, or disposal must make an annual report and
send the report within four weeks after the closing date to
the Regional EPA Administrator with regulatory authority
over it.
(e) Generators who treat, store, or dispose of hazardous waste
on-site must designate in the annual report:
(1) The generator's identification code, name, and
address;
(2) The closing date of the annual reporting period;
(3) The word "on-site" under column three ("treatment,
storage or disposal facility I.D. Code"),
(4) The name and code of the hazardous waste (under "ship-
ping description"), by its Department of Trans-
portation (DOT) proper shipping name (49 CFR 172), or
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by the U.S. Environmental Protection Agency (EPA) name
(as listed under Section 250.14 of subpart A of this
part) if the DOT proper shipping name is not appli-
cable. However, if the DOT proper shipping
name "NOT OTHERWISE SPECIFIED" (NOS) is used, the EPA
name (as listed under Section 250.14 Subpart A of this
part) must also be designated on the report after the
DOT proper shipping name NOS;
(5) The hazard class of each waste as identified or listed
under the DOT hazard class (49 CFR 172), or by the
EPA characteristic (as identified or listed under Sec-
tion 250.13(a) and 250.14 of Subpart A of this part)
must also be designated on the report after the DOT
hazard class ORM; and
(6) The total quantity of each hazardous waste; and
(7) The units of volume or weight of each quantity in
pounds (P), tons (T), gallons (G), million gallons
(MG), or cubic yards (CY).
In addition to the above, the generator must:
(i) Make the following certification: "I certify that the
above information is correct to the best of my knowledge
and belief;" and
(ii) Certify the information on the report by having an
authorized representative of the generator sign and date
it.
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Reporting for Agents of Waste Automotive Oil Generators
(f) Any agent who assumes the generator's liability for waste auto-
motive oil must:
(1) Make an annual report for intraregional or interregional
shipments of hazardous waste based on the information
designated on the manifests which were dated for shipment
during the reporting year;
(2) Make a quarterly report based on the information designated
on the manifest for shipments of such hazardous waste sent
during the reporting quarter to a treatment, storage, or
disposal facility but not received, or for international
shipment of hazardous waste. Receipt of a hazardous waste
shipment is defined by the return of a signed copy of the
manifest or delivery document to the generator by an
authorized agent of the treatment, storage, or disposal
facility. No quarterly report is required for intra-
regional or interregional shipments of hazardous waste if
all hazardous waste shipments are received by the treat-
ment, storage, or disposal facility.
(3) Send the report within four weeks after the closing date to
the Regional EPA Administrator with regulatory authority
over the person.
(g) Any agent who assumes the generator's liability for waste auto-
motive oil must designate in the annual report:
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(1) The agent's identification code (if applicable), name, and
address;
(2) The closing date of the annual reporting period;
(3) The identification code of each hazardous waste treatment,
storage, or disposal facility to which waste automotive oil
has been sent;
(4) The identification code of each generator whose liability
was assumed during the reporting year under the column
labeled "manifest document number;"
(5) The name "waste automotive oil" under the column "shipping
description;"
(6) The total quantity of waste automotive oil received at a
permitted facility;
(7) The units of volume or weight of the total quantity in
pounds (P), tons (T), gallons (G), million gallons (MG), or
cubic yards (CY) received at each permitted facility.
In addition to the above, the person must:
(i) Make the following certification: "I certify that the
above information is correct to the best of my knowledge
and belief;" and
(ii) Certify the information on the report by having an
authorized representative of the person sign and date it.
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(h) Any agent who assumes the generator's liability for waste auto-
motive oil must designate in the quarterly report for hazardous
waste shipment(s) not received by a treatment, storage, or dis-
posal facility, or for international shipment(s) of hazardous
waste (See Table II for the report form):
(1) The agent's identification code (if applicable), name, and
address;
(2) The closing date of the quarterly reporting period;
(3) The letters "NR" for hazardous waste shipments not received
at a treatment, storage, or disposal facility or the letter
"I" if the shipment was international. Followed by the
identification code of the permitted facility(ies) or for
international shipments the name and address of the treat-
ment, storage, or disposal facility(ies) to which a waste
automotive oil has been sent;
(4) The manifest document number, followed by the date of ship-
ment to the hazardous waste treatment, storage, or disposal
facility;
(5) The name "waste automotive oil" under the column "shipping
description;"
(6) The total quantity of waste automotive oil; and
(7) The units of volume or weight of the total quantity in
pounds (P), tons (T), gallons (G), million gallons (MG),
or cubic yards (CY).
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In addition to the above, the person must:
(i) Make the following certification: "I certify that the
above information is correct to the best of my knowledge
and belief;" and
(ii) Certify the information on the report by having an
authorized representative of the person sign and date it.
250.24 RECORDKEEPING
Every generator must keep a copy of each manifest signed by an
authorized agent of the treatment, storage, or disposal facility for
three years from date of shipment.
250.25 CONTAINERS
(a) Every generator must place the hazardous waste:
(l) In a package in accordance with the Department of Trans-
portation regulations on packing under 49 CFR 173, 178, and
179. If no specific packaging is required, the generator
must place the hazardous waste in a package in accordance
with the Department of Transportation regulations on
standard requirements for all packages 49 CFR 173.24(a),
(b), and (c) (2)-(9); or
(2) In a permanent storage tank that complies with the man-
datory requirements of Section 250.44-1 of Subpart D of
this part.
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250.26 LABELING PRACTICES
(a) Every generator must label and placard each shipment of
hazardous waste in accordance with the Department of Transportation
regulations on hazardous materials, 49 CFR 172.
(b) Every generator must mark each package of hazardous waste
in accordance with the Department of Transportation regulations on
marking, 49 CFR 172.300. If no Department of Transportation proper
shipping name is applicable to a particular waste, then the appropri-
ate EPA name (as listed under Section 250.14 of subpart A of this
part) should be used to mark the package. However, if the DOT proper
shipping name "NOT OTHERWISE SPECIFIED" (NOS) is used, the EPA name
(as listed under section 250.14 of Subpart A of this part) must also
be designated as part of the marking after the DOT proper shipping
name NOS.
(c) Every generator must mark each package of hazardous waste
using the following words:
CONTROLLED WASTE-Federal Law prohibits Improper Disposal.
Generator I.D. Code .
Manifest Document Number
The generator's identification code and the manifest document
number(s) must appear in the space following the words "Generator
I.D. Code" and "Manifest Document Number," respectively.
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The marking must use the same color(s), approximate dimen-
sion(s), and material(s) needed to make markings required by Section
250.26(b) of this Subpart.
250.27 CONFIDENTIAL INFORMATION
All information provided in connection with the manifest and
reporting system established by the Subpart shall be available to any
person to the extent and in the manner authorized by Section 3007(b)
of the Act, the Freedom of Information Act (5 U.S.C. Section 552),
and the EPA Regulations adopted in compliance with that Act (40 CFR
Part 2). Generators who wish to apply to the Administrator of EPA to
keep certain items confidential must mark those items, as they appear
on the manifest or report: "CONFIDENTIAL." If a request is made,
the provisions of 40 CFR Part 2 shall apply.
250.28 PRESUMPTION
In all civil enforcement proceedings brought under the Act,
there shall be a rebuttable presumption that defendant's act or pro-
cess produces and disposes of more than 100 kilograms in any one
month of hazardous waste (as identified or listed under Subpart A of
this Part).
250. 29 TRANSFER OF LIABILITY CONTRACT
(a) Each generator entering into a Transfer of Liability Con-
tract and every person assuming the generator's liabilities for
compliance with requirements contained in this Subpart must keep a
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signed copy of the Transfer of Liability Contract as a permanent
record during the time the contract is in effect and for a period of
one year following its termination.
(b) The Transfer of Liability Contract must state in writing
the following:
"THIS TRANSFER OF LIABILITY CONTRACT, made this
day of , 19 , between name of generator hereinafter
called the Generator, and name of person assuming the generator's
liability hereinafter called the Agent:
WITNESSETH: That the Generator transfers to the Agent and the
Agent transfers from the Generator for a term of
months and days beginning on the day
of , 19 , the total liability for compliance with
all the requirements contained in 40 CFR 250.20 - 250.29 for the Gen-
erator's waste automotive oil.
Generator (SEAL)
Agent (SEAL)
(c) The Transfer of Liability Contract must be complete and
signed by an authorized representative of the generator and the
person assuming the generator's liability for compliance with the
requirements contained in this Subpart.
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TABLE I
HAZARDOUS WASTE MANIFEST
MANIFEST OUCUMKN r NUMBER
IDENTIFICATION
GENERATOR
TRANSPORTER
T3OP (TREATMENT. STOR-
AGE OH DISPOSAL. FACILITY)
WASTE INFORMATION
SHIPPING DESCRIPTION
HAZARD CLASS
QUANTITY
(Complala Applicable Column)
UNIT
CONTAINER TYPE
EMERGENCY INFORMATION
IMMEDIATERESPONSE INFORMATION
PHONE NUMBER
SPECIAU HANDLING INSTRUCTIONS
COMMENTS.
CERTIFICATION
This is to cettily that the above— named Materials are properly classified, described, packaged, marked and labeled,
and are in proper condition for transportation according to the applicable regulations of the Department of Trans—
portotion and the U.S. Environmental Protection Agency.
GENERATOR SIGNATURE
This is to certify acceptance of the hazardous waste shipment.
TRANSPORTER SIGNATURE
DATE
his is to certify acceptance of the hazardous waste for treatment, storage, or disposal.
TSOF SIGNATURE
DATE
.. .. r
T
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TABLE II
HAZARDOUS WASTE GENERATOR REPORT
IDENTIFICATION
NAME
GENERATOR lOKMTIPtC ATIOM COOS
CLOSING OATE
WASTE INFORMATION
TRSATMSNT. STORAGE O«
OI3PO3AL FACILITY I.O. COOS
MANIFEST DOCUMENT NUMBSR
SHIPPING DESCRIPTION
QUANTITY
UNIT Or
MEASUR
COMMENTS
CERTIFICATION
/ certify that the above information is correct to the best of my knowledge and belief.
SICNATUrlE
DATE
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SUBPART C - STANDARDS APPLICABLE TO
TRANSPORTERS OF HAZARDOUS WASTES
250.30 Scope
250.31 Definitions
250.32 Identification Code
250.33 Recordkeeping
250.34 Acceptance and Transport of Hazardous Waste
250.35 Compliance with the Manifest
250.36 Delivery of Hazardous Wastes to a Designated
Permitted Facility
250.37 Spills
250.38 Placarding/Marking of Vehicles
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250.30 SCOPE
(a) These regulations establish standards which apply to any person
or Federal agency that transports hazardous waste within the United
States which requires a manifest as specified under Subpart B of this
part or any transporter importing a shipment of hazardous waste from
abroad. If a manifest is not required, any person or Federal agency
that consolidates for shipment and transports hazardous waste shall
deliver the entire quantity of hazardous waste(s) to a facility
permitted under Subpart E of this part and shall comply with the DOT
regulations listed in 250.30(c).
(b) These regulations do not apply to persons or Federal agencies
that transport hazardous waste(s) on the site of a hazardous waste
generator or permitted hazardous waste management facility.
(c) If hazardous waste identified or listed under Subpart A of this
part also meets the definition and criteria for hazardous materials-
of the Department of Transportation (49 CFR 171.8 and 173), the
following regulations of the Department of Transportation will apply
for both intrastate and interstate transportation: 49 CFR 171,
General Information, Regulations and Definitions; 49 CFR 174,
Carriage by Rail; 49 CFR 175, Carriage by Public Highway; 46 CFR
30-40 Tank Vessels; 46 CFR 64 Marine Portable Tanks; 46 CFR 98, Bulk
Cargos; 46 CFR 148, Solids in Bulk; and 46 CFR 98, Bulk Cargos; 46
CFR 148, Solids in Bulk; and 46 CFR 151, Unmanned Barges.
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250.31 DEFINITIONS
For purposes of this part, all terms not herein defined shall
take the meaning given them by the Solid Waste Disposal Act (Pub. L.
94-580).
(a) "Delivery document" means a shipping paper (bill of lading,
waybill, dangerous cargo manifest, or other shipping document) used
in lieu of the original manifest to fulfill the recordkeeping
requirement of 250.33.
(b) "Generator" means any person defined as a generator in regula-
tions under Subpart B of this part.
(c) "Hazardous material" means a substance or material which has
been determined by the Secretary of Transportation to be capable of
posing an unreasonable risk to health, safety, and property when
transported in commerce, and which has been so designated under 49
CFR 171.8 and 173.
(d) "Identification code" means the unique code assigned to each
transporter of hazardous waste by EPA or an authorized State upon
notification in accordance with Subpart G of this part or upon
compliance with 250.32 of this Subpart.
(e) "Manifest" means the form used for identifying the quantity,
composition, and the origin, routing and destination of hazardous
waste as specified in regulations under 250.22 Subpart B of this
part.
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(f) "Mode" means any of the following transportation methods: rail,
highway, air, or water.
(g) "Motor vehicle" means a vehicle, machine, tractor, trailer or
semitrailer, or any combination thereof, propelled or drawn by
mechanical power and used upon the highways in transportation. It
does not include a vehicle, locomotive, or car operated exclusively
on a rail or rails.
(h) "On the site" means on the same or geographically contiguous
property. Two or more pieces of property which are geographically
contiguous and are divided only by public or private right(s)-of-way
are considered a single site.
(i) "Permitted hazardous waste management facility" (or "permitted
facility") means a hazardous waste treatment, storage, or disposal
facility that has received an EPA permit in accordance with the
requirements of Subpart E of this part or a permit from an authorized
State agency.
(j) "Spill" means any accidental discharge of a hazardous waste onto
or into the land or water.
(k) "Transporter" means a person or Federal agency engaged in the
transportation of hazardous waste by air, rail, highway, or water.
(1) "Transport vehicle" means a motor vehicle, rail freight car,
freight container, cargo tank, portable tank, or vessel (as defined
in 49 CFR 171.8) used for the transportation of hazardous waste.
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(m) "United States" means the 50 States, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands.
250.32 IDENTIFICATION CODE
Any transporter who transports or intends to transport hazardous
waste within the United States shall comply with 250.822 and 250.823
to obtain an identification code from the Environmental Protection
Agency or an authorized State. The identification code issued shall
be included on:
(1) The manifest (Section 250.22);
(2) The Hazardous Materials Incident Report
(Section 250.37); and
(3) The delivery document (Section 250.35 (c)).
250.33 RECORDKEEPING
Each transporter shall maintain a copy of the manifest or
delivery document for a period of not less than three years from date
of either transfer of the hazardous waste to another transporter or
delivery of the hazardous waste to a permitted facility as indicated
on the manifest or the delivery document.
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250.34 ACCEPTANCE AND TRANSPORT OF HAZARDOUS WASTE
(a) A transporter shall not accept from a generator a shipment of
hazardous waste without a manifest signed by the generator in
accordance with the provisions of 250.22.
(b) A transporter shall not transport a shipment of hazardous waste
from a generator without signing the manifest acknowledging accep-
tance of the hazardous waste shipment.
(c) If a shipment of hazardous waste is transported by more than one
transporter, subsequent transporters shall not accept for transport
or transport the hazardous waste shipment without a manifest or
shipping document that contains the information on the manifest in
accordance with the provisions of 250.22.
(d) A transporter shall not transport a shipment of hazardous waste
in containers not properly labeled or marked in accordance with the
provisions of 250.26.
(1) If the DOT label is lost or detached, the transporter must
replace that DOT label in accordance with the provisions of 250.26.
(2) The DOT replacement label must be based on the information
taken from the manifest covering the shipment.
(e) A transporter shall not transport containers which are leaking
or appear to be damaged. In the event that leakage develops or is
discovered during transportation and the leakage results in a spill,
the transporter shall comply with 250.37.
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(f) A transporter shall not accept or consolidate hazardous waste(s)
consisting of a material or mixture of materials that is prohibited
from transportation by 49 CFR 173.21.
250.35 COMPLIANCE WITH THE MANIFEST
(a) Each transporter shall assure that a copy of the manifest or the
information contained on the manifest (in the form of, e.g., a
hazardous materials shipping paper, bill of lading, waybill) at all
times accompanies the shipment of hazardous waste.
(b) If the hazardous waste shipment is transferred between the
different modes (air, rail, highway, or water) or between different
transporters using the air or highway mode, each transporter and each
subsequent transporter shall sign the manifest or delivery document
acknowledging acceptance of the shipment before the hazardous waste
can be transported.
(c) The delivery document shall:
(1) Contain as a minimum, the following information:
(i) Name, address of transporter;
(ii) Name, address, identification code of generator;
(iii) Name, address, identification code of designated
permitted facility;
(iv) Corresponding manifest document number; and
(v) Description and quantity of hazardous waste.
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(2) Only be used when the original manifest is not with the
shipment of hazardous waste.
(d) The transporter shall, upon delivery of the hazardous waste to
the designated permitted facility, obtain the signature of an
authorized agent of the permitted facility on the manifest or
delivery document certifying delivery.
(1) If a delivery document is used in lieu of the manifest, the
transporter shall issue three copies of the delivery document to
the designated permitted facility for signature. The
transporter shall retain one of signed copies as required by
250.33.
(2) If the transporter cannot acquire immediate certification, the
transporter shall:
(i) Indicate on the manifest or delivery document the
following:
(A) Time and' date of delivery; and
(B) Reason manifest or delivery document could not be
certified upon delivery; and
(ii) Acquire certification on the manifest or delivery document
by an authorized agent of the permitted facility as soon as
possible, but not to exceed five working days after
delivery of the shipment.
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250.36 DELIVERY OF HAZARDOUS WASTES TO A DESIGNATED PERMITTED
FACILITY
(a) The transporter shall deliver the entire quantity of hazardous
waste(s) accepted from a generator or a transporter to a permitted
facility designated by the generator on the manifest.
(b) If the transporter removes the hazardous waste from a transport
vehicle or aircraft for purposes of blending, mixing, treating, or
storing, it shall be done at a permitted facility.
(c) If hazardous wastes from different generators or separate wastes
from the same generator become mixed after having been accepted by
the transporter, the transporter shall comply with the generator
standards under Subpart B of this part unless the transporter can de-
monstrate that the information designated on the manifest(s) under
Section 250.22 (a) (5), (6) of Subpart B of this part still
identifies the hazardous waste.
250.37 SPILLS
(a) If a spill of hazardous waste requires immediate removal to
protect human health or the environment (as determined by EPA, other
Federal Agencies, or a State or local authorized official), the
requirements of this Section shall apply in lieu of Sections 250.32,
250.33, 250.34, 250.35, 250.36, and 250.38 of this Subpart until the
spill is cleaned up or until such action is taken so that the spilled
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hazardous waste no longer presents an immediate hazard to human
health or the environment (as determined by EPA, other Federal
Agencies, or a State or local authorized official).
(b) In the event of any spill of hazardous waste during
transportation, the transporter shall:
(1) Telephone immediately:
(i) The National Response Center, U.S. Coast Guard, toll
free, 800-424-8802; or
(ii) The government official predesignated in the
applicable Regional contingency plan pursuant to 40
CFR 1510 as the on-scene coordinator for the
geographic area in which the incident occurs.
(2) Furnish the following information upon notification:
(i) Name of person reporting the spill;
(ii) Name and address of transporter;
(iii) Name and address of generator;
(iv) Phone number where reported can be contacted;
(v) Date, time, and location of incident (indicate
pollution of land, water, air, or public water supply,
if known);
(vi) Type of transport vehicle and mode;
(vii) Type of incident (e.g., fire, breakage, spillage);
(viii) Classification, name, and quantity of hazardous waste
involved, to the extent available; and
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(ix) The extent of injuries, if any.
(3) File within 15 days a written report in duplicate with the
Director, Office of Hazardous Materials Operations, Materials
Transportation Bureau, Department of Transportation, Washington, D.C.
20590, on each spill that occurred during the course of
transportation. DOT form F 5800.1 (Appendix A) shall be utilized as
a basic reporting document; item A 1.6 shall be filled in as "waste;"
item B4 shall include the transporter's identification code. In
addition under part H of DOT form 5800.1, the following information
shall be included:
(i) If known, location of spill in relation to surface waters,
public water supply, groundwater, wildlife habitats, and
agricultural production areas;
(ii) Quantity of material removed and disposition of the
material; and
(iii) Disposition and quantity of unremoved material.
(c) The transporter shall clean up all the spilled hazardous waste
or take such action as may be required by Federal, State, or local
agencies so that the spilled hazardous waste no longer presents a
hazard to human health or the environment.
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250.38 PLACARDING/MARKING OF VEHICLES
(a) A transporter shall not move a transport vehicle containing
hazardous waste which is also a DOT hazardous material unless it is
placarded in accordance with 49 CFR 172, Subpart F. This prohibition
applies to both intrastate and interstate transportation.
(b) A transporter shall mark each motor vehicle being operated under
its own power for the transportation of hazardous waste if the motor
vehicle is required to be placarded or if the motor vehicle contains
greater than 1,000 pounds of hazardous waste. The marking shall
display the following information:
(1) Name of transporter under whose authority the vehicle is
being operated; and
(2) The city or community in which the carrier maintains its
principal office or in which the vehicle is customarily based.
(i) The marking must:
(A) Appear on both sides of the vehicle;
(B) Be in letters that contrast sharply in color with
the background; and
(C) Be readily legible during daylight hours from a
distance of 50 feet while the vehicle is stationary.
(ii) The marking may consist of a removable device meeting
the above identification requirements.
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SUBPART D - STANDARDS FOR OWNERS AND OPERATORS
OF HAZARDOUS WASTE TREATMENT, STORAGE AND
DISPOSAL FACILITIES
250.40 Scope/Applicability
250.41 Definitions
250.42 Human Health and Environmental Standard
250.42-1 Groundwater Human Health and Environmental Standard
250.42-2 Surface Water Human Health and Environmental Standard
250.42-3 Air Human Health and Environmental Standard
250.42-4 Commercial Products Human Health and Environmental
Standard
250.43 General Facility Standards
250.43-1 General Site Selection
250.43-1 Financial Requirements
250.43-3 Security
250.43-4 Emergency Procedures and Contingency Plans
250.43-5 Training
250.43-6 Manifest System, Recordkeeping and Reporting
250.43-7 Visual Inspections
250.43-8 Closure and Post Closure
250.43-9 Groundwater and Leachate Monitoring
250.44 Standards for Storage
250.44-1 Storage Tanks
250.44-2 Containers
250.45 Standards for Treatment/Disposal
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250.45-1 Incineration
250.45-2 Landfills
250.45-3 Surface Impoundments
250.45-4 Basins
250.45-5 Landfarms
250.45-6 Chemical, Physical and Biological Treatment Facilities
250.45-7 Facilities Which Make Commercial Products From Hazardous
Wastes
250.46 Special Waste Standards
250.46-1 Cement Kiln Dust Wastes
250.46-2 Utility Wastes
250.46-3 Phosphate Rock Mining and Processing Waste
250.46-4 Uranium Mining/Milling Wastes
250.46-5 Other Mining Wastes
250.46-6 Oil Drilling Mud/Brines
Annexes
Annex 1
Annex 2
Annex 3
Annex 4
Annex 5
EPA Interim Primary and Proposed Secondary Drinking Water
Standards
Threshold Limit Values for Chemical Substances
TSDF Report
Incompatible Wastes
Methods for Determining Soil pH
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250.40 SCOPE/APPLICABILITY
(a) These regulations are published pursuant to Subtitle C of the
Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6924, et_
seq.), and are responsive to the requirements of Section 3004, which
directs the Administrator to promulgate regulations establishing
standards applicable to owners and operators of facilities for the
treatment, storage, and disposal of hazardous waste.
(b) All owners and operators of facilities that store, treat, and/or
dispose of hazardous wastes designated pursuant to Subpart A, except
those hazardous wastes listed as Special Wastes in Section 250.46,
shall comply as follows with the applicable standards of the Subpart:
(1) All owners and operators of such facilities shall comply
with the General Facility Standards of Section 250.43.
(2) All owners and operators of such facilities shall comply
with the Storage Standards of Section 250.44 with respect to any
hazardous waste that is stored.
(3) All owners and operators of such facilities shall comply
with the respective Treatment and Disposal Standards of Section
250.45 with respect to any hazardous waste that is treated
and/or disposed.
(c) All owners and operators of facilities that store, treat and/or
dispose of Special Wastes listed in Section 250.46 shall comply with
the General Facility Standards of Section 250.43 and the respective
Special Waste Standards of Section 250.46.
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(d) Many standards have notes which give the basis for a variance
for determining an equivalent standard which provides the same degree
of protection of human health and the environment. Any facility
which complies with a specific site variance arrived at in accordance
with these notes which the Administrator deems to be equivalent shall
be considered in compliance with the published standard.
(e) All owners and operators of facilities that store, treat and/or
dispose of hazardous waste shall also comply with the Human Health
and Environmental Standards of Section 250.42. Where compliance with
the Human Health and Environmental Standards requires meeting more
stringent requirements than prescribed by the General Facility Stan-
dards, the Storage Standards, the Treatment and Disposal Standards or
equivalent permit conditions as defined in 250.40(e), the Human
Health and Environmental Standards shall take precedence and shall be
the basis for permit conditions as and when permits are issued or
reissued.
NOTE: The General Facility Standards, Storage Standards, Treatment
and Disposal Standards, and Special Waste Standards are de-
signed to achieve compliance with the Human Health and En-
vironmental Standards. Accordingly, compliance with these
design and operating standards, or equivalent permit con-
ditions, presumes compliance with the Human Health and En-
vironmental Standards. It is planned and expected that
implementation of the hazardous waste program under RCRA
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(permit issuance and enforcement) will be principally based on
the design and operating standards, or equivalent permit con-
ditions. In certain unanticipated situations, however, it is
expected, because of atypical geologic, climatic, waste, or
other characteristics, that the design and operating standards
or equivalent permit conditions will not achieve compliance
with the Human Health and Environmental Standards. In these
cases, the Human Health and Environmental Standards will take
precedence, and will be the basis for design and operating re-
quirements reflected in permit conditions.
(f) All appropriate facilities must comply with the requirements of
Subpart E.
(g) Publicly owned treatment works which receive hazardous waste by
truck or by rail are exempt from the Subpart D requirements, except
the manifest reporting requirements specified in 250.43-6.
250.41 DEFINITIONS
For the purposes of this Part:
(1) "Active Fault" means a fault which, according to geologic evi-
dence, is capable of movement along a fault trace for as long as the
hazardous waste at the site may pose a threat to the environment.
(2) "Active Portion" means that portion of a facility where treat-
ment, storage, or disposal operations are being conducted or any part
of a facility where hazardous wastes are present. It includes the
treated area of a landfarm and the active face of a landfill.
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Building roofs and roads are excluded unless designated as "active
portions" by the Administrator.
(3) "Administrator" means the Administrator of the Environmental
Protection Agency, or his designee.
(4) "Annular Space of a Well" means the space between the bore hole
and the casing.
(5) "Aquifer" means a geologic formation, group of formations, or
part of a formation that is capable of yielding usable quantities of
water to a well or spring.
(6) "Attenuation" means any decrease in the maximum concentration or
total quantity of an applied chemical or biological constituent in a
fixed time or distance traveled resulting from a physical, chemical,
and/or biological reaction or transformation occurring in the zone of
aeration or zone of saturation.
(7) "Basin" means any uncovered device constructed of artificial
materials, used to retain wastes as part of a treatment process, usu-
ally with a capacity of less than 100,000 gallons. Examples of ba-
sins include open mixing tanks, clarifiers, and open settling tanks.
(8) "Bore Hole" means a man-made hole in a geological formation
which has been drilled, jetted, driven or made by other similar tech-
niques.
(9) "Cell of a Landfill" means a portion of a landfill which is iso-
lated horizontally and vertically, usually by means of an imperme-
able barrier from other portions.
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(10) "Chemical Fixation" means the treatment process involving reac-
tions between various waste materials and certain chemical systems,
resulting in solids which encapsulate, immobilize or otherwise tie up
hazardous components so as to reduce leachability and render the
waste nonhazardous or suitable for disposal.
(11) "Close Out" means the point in time at which facility owners/
operators discontinue operation by ceasing to accept, treat, store,
or dispose of hazardous waste.
(12) "Closure" means the act of securing a facility pursuant to the
requirements of Subpart D.
(13) "Closure Procedures" means the measures which must be taken by
facility owners/operators who no longer accept hazardous waste for
treatment, storage, or disposal on the entire site.
(14) "Common Code" means the unique code assigned by the Chemical
Abstract Services to each EPA hazardous waste and to each DOT hazard-
ous waste material listed in Section 250.14 of Subpart A.
(15) "Container" means any portable enclosure in which a material
can be stored, handled, transported, treated, or disposed.
(16) "Contamination" means the degradation of natural water, air, or
soil quality as a result of man's activities, to the extent that its
usefulness is impaired.
(17) "Cover Material" means soil or other suitable material that is
used to cover hazardous waste.
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(18) "Delivery Document" means a shipping paper (Bill of Lading,
Waybill, Dangerous Cargo Manifest, etc.), used in lieu of the origi-
nal manifest.
(18a) "Direct Contact" - (space reserved)
(19) "Disposal of Solid or Hazardous Waste" means the discharge, de-
posit, injection, dumping, spilling, leaking, or placing of any solid
waste or hazardous waste into or on any land or water so that such
solid waste or hazardous waste or any constituent thereof may enter
the environment or be emitted into the air or discharged into any
waters, including groundwaters.
(20) "Disposal Facility" means any facility which disposes of haz-
ardous waste.
(21) "EPA" means the U.S. Environmental Protection Agency.
(22) "EPA Region" means the states found in any one of the following
ten regions:
(1) Region I - Maine, Vermont, New Hampshire, Massachusetts,
Connecticut, and Rhode Island.
(2) Region II - New York, New Jersey, and Puerto Rico.
(3) Region III - Pennsylvania, Maryland, West Virginia, and
Virginia.
(4) Region IV - Kentucky, Tennessee, North Carolina, Mis-
sissippi, Alabama, Georgia, South Carolina, and Florida.
(5) Region V - Minnesota, Wisconsin, Illinois, Michigan,
Indiana, and Ohio.
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(6) Region VI - New Mexico, Oklahoma, Arkansas, Louisiana, and
Texas.
(7) Region VII - Nebraska, Kansas, Missouri, and Iowa.
(8) Region VIII - Montana, Wyoming, North Dakota, South Dakota,
Utah, and Colorado.
(9) Region IX - California, Nevada, Arizona, Hawaii, and Guam.
(10) Region X - Washington, Oregon, Idaho, and Alaska.
(23) "Facility" means any land and appurtenances thereto used for
the treatment, storage, and/or disposal of hazardous waste.
(24) "Final Cover" means cover material that is applied upon closure
of a landfill and is permanently exposed to the surface.
(25) "Five Hundred Year Flood" means a flood that has a 0.2 percent
or one in 500 chance of recurring in any year, or a flood of magni-
tude equalled or exceeded once in 500 years on the average over a
significantly long period. In any given 500-year interval, such a
flood may not occur, or more than one such flood may occur.
(26) "Flash Point" means the lowest temperature at which evaporation
of a substance produces sufficient vapor to form an ignitable mixture
with air, near the surface of the liquid. Ignitable mixture denotes
a mixture that, when ignited, is capable of the initiation and propa-
gation of flame away from the source of ignition. Propagation of
flame means the spread of the flame from layer to layer independently
of the source of ignition.
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(27) "Food Chain Crops" means pasture, forage or feed grain used to
feed animals which are raised for human consumption or used to pro-
duce products for human consumption, as well as food or tobacco crops
for human consumption.
(28) "Freeboard" means the vertical distance between the normal max-
imum level of the surface of the liquid in a surface impoundment,
basin, open tank, etc. and the top of the dike or top of the sides of
an impoundment, basin, open tank, etc.
(29) "Fugitive Emissions" means air contaminant emissions other than
those from stacks, ducts, or vents or from non-point emission
sources.
(30) "Generator" means any person or Federal agency whose act or
process produces hazardous waste (as identified or listed under Sub-
part A of this part); however, a person or Federal agency who
produces and disposes of no more than 100 kilograms (approxi-
mately 220 pounds) per month of hazardous waste (as identified or -
listed under Subpart A of this part) is not a generator.
(31) "Groundwater" means water beneath the land surface in the satu-
rated zone.
(32) "Hazardous Waste" means hazardous waste as defined in Subpart
A.
(33) "Hazardous Waste Facility Personnel" means those persons re-
sponsible for performing and/or overseeing operations at a hazardous
waste treatment, storage or disposal facility, and whose actions or
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failure to act may result in damage to human health or the environ-
ment.
(34) "Hazardous Waste Landfill" means an excavated or engineered
area on which hazardous waste is deposited and covered.
(35) "Hazardous Waste Leachate" means the liquid that has percolated
through or drained from hazardous waste emplaced in or on the ground.
(36) "Hydraulic Gradient" means the change in hydraulic pressure per
unit of distance in a given direction.
(37) "Identification Code" means the unique code assigned by EPA to
each generator, transporter, and treatment, storage, or disposal
facility, pursuant to Subpart G regulations.
(38) "Incinerator" means an engineered device using controlled flame
combustion to thermally degrade hazardous waste. Examples of devices
used for incineration include rotary kilns, fluidized beds, liquid
injection incinerators, pathological incinerators, cement kilns, and
utility boilers.
(39) "Incompatible Waste" means a waste unsuitable for commingling
with another waste or material, where the commingling might result
in:
(1) extreme heat or pressure generation,
(2) fire,
(3) explosion or violent reaction,
(4) formation of substances which are shock-sensitive,
friction-sensitive, or otherwise have the potential of reacting
violently,
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(5) formation of toxic dusts, mists, fumes, gases, or other
chemicals, and
(6) volatilization of ignitable or toxic chemicals due to heat
generation, in such a manner that the likelihood of contamina-
tion of groundwater, or escape of the substances into the envi-
ronment, is increased.
(40) "Landfarming of a Waste" means application of waste onto land
and incorporation into the surface soil. Synonyms include land ap-
plication, land cultivation, land irrigation, land spreading, soil-
farming, and soil incorporation.
(41) "Liner" means a layer of emplaced materials beneath a surface
impoundment or landfill which serves to restrict the escape of the
wastes or its constituents from the impoundment or landfill.
(42) "Manifest" means the form used for identifying the quantity,
composition, and the origin, routing and destination of hazardous
waste as specified in regulations under Section 250.43-6, Subpart &-
of this part.
(43) "Manifest Document Number" means the unique serially increasing
number assigned to the manifest by the generator for recordkeeping
and reporting purposes.
(44) "Monitoring" means all procedures used to systematically
inspect and collect data on operational parameters of the facility or
on the quality of the air, groundwater, or surface water.
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(45) "Monitoring Well" means a well used to obtain water samples for
water quality analysis or to measure groundwater levels.
(46) "Navigable Waters" means "waters of the United States, inclu-
ding the territorial seas," as defined in 43 FR page 37090.
(47) "Non-point Source" means a source of air contaminant emissions
other than those from stacks, ducts, or vents resulting from disposal
and treatment of hazardous wastes, including, but not limited to,
landfills, landfarms, surface impoundments, and basins.
(48) "One Hundred Year Flood" means a flood that has a one percent
or one in 100 chance of recurring in any year, or a flood of magni-
tude equalled or exceeded once in 100 years on the average over a
significantly long period. In any given 100-year interval, such a
flood may not occur, or more than one such flood may occur.
(49) "On-site" means on the same geographically contiguous property.
Two or more pieces of property which are geographically contiguous
and are divided by public or private right(s)-of-way are considered" a
single site.
(50) "Open Burning" means the combustion of any material without the
following characteristics:
(1) control of combustion air to maintain adequate temperature
for efficient combustion,
(2) containment of the combustion-reaction in an enclosed de-
vice to provide sufficient residence time and mixing for com-
plete combustion, and
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(3) emission of the gaseous combustion products through a stack
duct or vent adequate for both visual monitoring and point
source sampling.
(51) "Owner/Operator" means the person who owns the land on which a
facility is located when that person is responsible for the overall
operation of the facility.
(52) "Partial Closure Procedures" means the measure which must be
taken by facility owners/operators who no longer accept hazardous
waste for treatment, storage or disposal on a specific portion of the
site.
(53) "Permafrost" means permanently frozen subsoil.
(54) "Point Source" means a source of air contaminant emissions from
stacks, ducts, or vents resulting from disposal and treatment of
hazardous wastes.
(55) "Post-Closure Care" means the monitoring and facility mainte-
nance activities conducted after closure.
(56) "POTW" (space reserved.)
(57) "Reactive Hazardous Wastes" means (as defined in Subpart A):
(1) wastes which in themselves are normally unstable and
readily undergo violent chemical change, but do not detonate,
as well as wastes which may react violently with water, or which
may form potentially explosive mixtures with water, or which
generate toxic fumes when mixed with water;
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(2) wastes which in themselves are capable of detonation or ex-
plosive reaction, but require a strong initiating source or
which must be heated under confinement before initiation, or
which react explosively with water;
(3) wastes which in themselves are readily capable of detona-
tion or of explosive decomposition or reaction at normal tem-
peratures and pressures.
(57a) "Recharge Zone" (space reserved)
(58) "Regional Administrator" means the Regional Administrator of
the Environmental Protection Agency Region in which the facility con-
cerned is located, or his designee.
(59) "Reporting Quarter" means the three (3) month time period cov-
ered by each quarterly report; the reporting quarter shall end on the
last day of March, June, September, and December.
(60) "Reporting Year" means the twelve month time period covered by
each annual report; the reporting year shall end on the last day of-
September.
(61) "Retention Time" means the time hazardous wastes are subjected
to the combustion zone temperature.
(62) "Run-off" means the portion of precipitation that drains over
land from an area as surface flow.
(63) "Saturated Zone (Zone of Saturation)" means that part of the
earth's crust in which all voids are filled with water.
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(64) "Scavenging" means the unauthorized removal of hazardous waste
materials from a facility.
(65) "Spill" means any accidental discharge of hazardous wastes onto
o
or into the land or water.
(66) "Soil Conditioning Products" means fertilizers-, soil amendments
or related products used for the purpose of improving the quality of
the soil.
(67) "Sole Source Aquifers" means those aquifers designated in Sec-
tion 1424(e) of the Safe Drinking Water Act of 1974 (P.L. 93-523)
which solely or principally supply drinking water to a large percent-
age of a populated area.
(68) "Storage of Hazardous Waste" means the containment of hazardous
waste either on a temporary basis or for a period of years in such a
manner as not to constitute disposal of such hazardous waste.
(69) "Storage Facility" means any facility which stores hazardous
wastes, except generators who store their own wastes for less than.90
days for subsequent transport off-site.
(70) "Storage Tank" means any manufactured non-portable covered de-
vice used for containing pumpable hazardous wastes.
(71) "Surface Impoundment" means any natural depression or excavated
and/or diked areas built into or upon the land, which are fixed, un-
covered, and lined with soil or a synthetic material, and are used
for treating, holding, or disposing waste. Examples include holding
ponds and aeration ponds (not landfills).
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(72) "Training" means formal instruction, supplementing an employ-
ee's existing job knowledge, designed to protect human health and the
environment via increased awareness and improved job proficiency.
(73) "Transporter" means a person or Federal Agency engaged in the
transportation of hazardous waste by air, rail, highway, or water.
(74) "Treated Area of a Land Farm" means that portion of the land-
farm that has had hazardous waste applied to it, to include the zone
of incorporation.
(75) "Treatment of a Hazardous Waste" means any method, technique,
or process, including neutralization, designed to change the physi-
cal, chemical, or biological character or composition of any hazard-
ous waste so as to neutralize such waste or so as to render such
waste nonhazardous, safer for transport, amenable for recovery, amen-
able for storage, or reduced in volume. Such term includes any
activity or processing designed to change the physical form or chemi-
cal composition of hazardous waste so as to render it nonhazardous. *
(76) "Treatment Facility" means any facility which treats hazardous
waste.
(77) "True Vapor Pressure" means the pressure exerted when a solid
and/or liquid is in equilibrium with its own vapor. The vapor pres-
sure is a function of the substance and of the temperature.
(78) "24-hour, 25-year Storm" means a storm of.24-hour duration
whose frequency of occurrence is once in 25 years.
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(79) "Unsaturated Zone (Zone of Aeration)" means interstices occu-
pied partially by water and partially by air; it is the zone be-
tween the land surface and the nearest saturated zone.
(80) "United States" means the 50 States, District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands.
(81) "UDWS" means an Underground Drinking Water Source as defined in
the Underground Injection Control (UIC) Draft Regulations (40 CFR
146.02(r)) as follows:
(1) an aquifer which currently supplies a public water system;
or
(2) an aquifer which contains water having less than 10,000
mg/1 total dissolved solids; or
(3) any aquifer designated as usable by the Administrator after
a public hearing. (Additional details will be supplied at a
later date.)
(82) "Vapor Recovery System" means a vapor gathering system capable
of collecting vapors and gases discharged from a storage tank, and a
vapor processing system capable of processing such vapors and gases
so as to prevent their emission to the atmosphere.
(83) "Water Table" means the upper surface of the zone of saturation
in an unconfined aquifer at which the pressure is equal to atmospher-
ic pressure.
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(84) "Wetlands" means those areas that are inundated or saturated by
surface water or groundwater at a frequency and duration sufficient
to support, and under normal circumstances do or would support, a
prevalence of vegetation typically adapted for life in saturated or
seasonally saturated soil conditions. Wetlands generally include
swamps, marshes, bogs, and similar areas such as sloughs, potholes,
wet meadows, river outflows, mudflats, and natural ponds.
(85) "Zone of Incorporation" means the depth to which the soil on a
landfarm is plowed or tilled to receive waste.
"For purposes of this part, all terms not herein defined shall
take the meaning given them by the Solid Waste Disposal Act (P.L.
94-580)."
250.42 HUMAN HEALTH AND ENVIRONMENTAL STANDARDS
(1) All owners/operators of all facilities which treat, store, or
dispose of hazardous waste as identified or listed in Subpart A shall
under all circumstances comply with all the human health and environ-
mental objectives.
(2) Facility owner/operators who are in compliance with all appli-
cable standards shall not be required to prove that he/she is in
compliance with the human health and environmental objectives.
250.42-1 Groundwater, Human Health, and Environmental Standard
The objective of this section is to assure that facilities are
located, designed, constructed and operated in such a manner that
they do not degrade any groundwater such that Underground Drinking
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Water Sources (UDWS) anywhere outside the facility property would at
any time in the future be endangered. A treatment, storage or dis-
posal practice "endangers" a UDWS if:
(1) such practice would result in a public water system not
complying, now, or in the future, with any National Primary
Drinking Water regulation (see Annex 1: EPA Interim Drinking
Water Standards); or
(2) such practice may make it necessary for a person using a
UDWS to treat or increase treatment of the water; or
(3) such practice might make it necessary for a person who uses
the UDWS in the future to treat or more extensively treat the
water than would otherwise have been necessary; or
(4) such practice may otherwise adversely affect the health of
persons, such as by adding a substance that would make the
water from the UDWS unfit for human consumption.
(The final form of the above objective is dependent upon the
eventual promulgation of UIC regulations.)
250.42-2 Surface Water, Human Health, and Environmental Standard
All facilities shall be located, designed, constructed and
operated in such a way that any surface or substance discharge from
the facility into waters of the United States does not at any time
cause a violation of Water Quality Standard promulgated or approved
under Section 303 of the Clean Water Act, or constitute a spill of
hazardous substances under Section 311 of the Clean Water Act.
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250.42-3 Air, Human Health, And Environmental Standard
The objective of this section is to assure that facilities are
located, designed, constructed, and operated in such a manner that:
(a) air emissions from such facilities do not adversely affect
human health or the environment; and
(b) non-point emission sources shall not contribute any air
contaminant to the atmosphere in concentrations exceeding the
Threshold Limit Value (TLV) for that air contaminant, as
published by the American Conference of Governmental Industrial
Hygienists (ACGIH), or contribute two or more listed air con-
taminants in a manner which causes the following equation to
produce a sum exceeding unity:
cl C2 cn
__ + __ +...+ —_
Ll L2 Ln
where,
Cj, C2«.., and Cn are concentrations at the surface of the
non-point source and Lj, L-2, and Ln are the corresponding
Threshold Limit Values for those air contaminants (see Annex
2).
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250.42-4 Commercial Products, Human Health, And Environmental
Standard
The objective of this section is to assure that commercial pro-
ducts made from hazardous waste shall not result in degradation of
surface water, groundwater, air, and land, or adversely affect human
health to a level which exceeds that resulting from the use of the
virgin product being replaced.
250.43 GENERAL FACILITY STANDARDS
(a) All facilities shall be located, designed, constructed, and oper-
ated such that discharge to the groundwater does not occur, unless
the facility owner/operator can demonstrate that the discharge will
not cause the groundwater human health and environmental standard
(250.42-1) to be violated.
(b) All facilities with point source discharges, including dis-
charges from leachate collection systems and/or surface run-off col-
lection systems, to navigable waters shall comply with the regula-
tions promulgated under the Clean Water Act of 1977 (P.L. 95-217).
Additionally, facilities with discharges to municipal sewer systems
shall meet applicable pretreatment standards and have the appro-
val of the municipal sewer system authority.
(c) Diversion structures capable of diverting, from the active por-
tions of facilities, surface water run-off from a 24-hour, 25-year
storm shall be constructed and maintained.
Note: Facility owners/operators do not need to construct such diver-
sion structures if they can demonstrate that surface water
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run-off will not enter the facility such that it damages the
facility or causes the surface water human health and en-
vironmental standard to be violated.
(d) Surface water run-off from active portions of facilities shall
be collected and confined to a point source before discharge.
Note: Facility owners/operators do not have to collect and confine
surface water over active portions if they can demonstrate
that alternatives will not allow the surface water and
groundwater human health and environmental standards to be
violated.
(e) Open burning of hazardous waste is prohibited unless the facil-
ity can demonstrate compliance with the air human health and en-
vironmental standard (250.42-3).
(f) All facilities shall comply with applicable standards, of the
Clean Air Act and its provisions.
(g) Any person who generates or removes a hazardous waste from a
facility shall comply with the requirements of Subpart B, Section
3002 (Standards Applicable to Generators).
(h) All facility owners and operators shall obtain an analysis of
each type of waste from each source. This analysis shall identify
the principal hazardous components and characteristics of the waste,
as is necessary for the facility owner/operator to comply with the
requirements of this Subpart.
(i) All facility owner/operators shall sample each shipment or batch
of waste received at the facility in order to confirm that the
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contents of the shipment or batch matches the analysis required in
paragraph (h) above.
(j) Facility owner/operators shall close (as specified in 250.43-8)
all portions of their facilities which do not comply with these regu-
lations.
250.43-1 General Site Selection
(a) Facilities shall not be located on or near active fault zones.
(b) In accordance with Executive Order 11988, "Floodplain Man-
agement," facilities shall not be located in a 100-year floodplain.
Note: Facilities may be located in 100-year floodplains if it can
be demonstrated that the facility will not restrict the flow
of a 100-year flood or reduce the temporary water-storage
capacity of the floodplain such that increased flooding up-
stream or downstream may result from the 100-year flood.
(c) In accordance with Executive Order 11988, "Floodplain Man-
agement," facilities shall not be located in a 500-year floodplain.-
Note: Facilities may be located in 500-year floodplains if it can
be demonstrated that the facility is designed, constructed,
operated, and maintained such that the facility will not be
inundated by a 500-year flood.
(d) In accordance with Executive Order 11990, "Protection of Wet-
lands," facilities shall not be located in wetlands.
Note: Facilities may be located in wetlands if:
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(1) The facility obtains an NPDES permit under Section 402 of
the Federal Water Pollution Control Act Amendments of 1972
(P.L. 92-500, 86 Stat. 880, 33 U.S.C. 1342); and
(2) If a levee or other type of containment structure is to be
placed in the water as part of the disposal activity, the facil-
ity obtains a permit issued under authority of Section 404 of
the Federal Water Pollution Control Act Amendments of 1972
(P.L. 92-500, 86 Stat. 884, 33 U.S.C. 1344), according to the
Army Corps of Engineers Permits for Discharges of Dredged or
Fill Material into Waters of the United States (33 CFR Part
323).
(e) Facilities shall not be located in a permafrost area.
Note: Facilities may be located in a permafrost area if:
(1) Other alternatives, such as recycling or salvaging of
materials, energy recovery of combustibles, and transport of the
waste to more temperate regions are evaluated and determined to
be technically or economically infeasible; and
(2) The facility is located on relatively dry and workable
soils where minimal or no vegetative cover exists,, and the facil-
ity is designed, constructed and operated so as to minimize ero-
sion and to minimize surface areas consumed.
(f) Facilities shall not be located in a critical habitat area
listed in 50 CFR Part 17, Subpart F: Critical Habitat, 1760 et seq.
Note: Facilities may be located in critical habitat areas if:
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(1) It can be demonstrated that such treatment, storage, or
disposal operations will not jeopardize the continued existence
of endangered species; and
(2) Approval of the treatment, storage or disposal plan is ob-
tained from the Office of Endangered Species, U. S. Fish and
Wildlife Service, Department of the Interior.
(g) Facilities shall not be located in the recharge zone of a sole
source aquifer.
Note: Facilities may be located in the recharge zones of sole source
aquifers if it can be demonstrated that the facility is
located, designed, constructed, operated, maintained and mon-
itored to prevent endangerment of the aquifer.
(h) Active portions of facilities shall be located a minimum of 200
feet from the facility's property line.
Note: Facilities may locate active portions of their facilities
closer than 200 feet from their property line if it can be
demonstrated that such facility location will not cause the
groundwater (250.43-1) or surface water (250.43-2) human
health and environmental standards to be violated.
250.43-2 Financial Requirements
(a) Continuity of Operation
(1) Requirements for Facility Closure
(i) Cost Estimation
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Each owner or operator of a hazardous waste treatment, storage
or disposal facility shall file as a part of his or her application
for a permit an estimate of the costs of closing the site, for which
the permit is sought, after its capacity is reached or operations
have otherwise terminated, in accordance with the requirements of
Section 250.43-8 of this subpart. The Regional Administrator will
evaluate this cost estimate and either accept the estimate as made or
after revision, in accordance with his or her evaluation.
(ii) Financial Assurance for Facility Closure
Each facility owner or operator shall establish a secured trust
fund designated, "in trust for the closure of (the permitted
hazardous waste treatment, storage, or disposal facility)." A bank
or other financial institution approved by the Regional Administrator
shall act as the trustee of the closure trust fund. Disbursements
from the closure trust fund are allowable only upon the Regional
Administrator's written approval.
Each owner or operator shall deposit into the trust fund, as a
condition of receiving a permit, a cash deposit equal to the cost
estimate for closure, multiplied by the appropriate present value
factor from Table 1. If life of the site exceeds 20 years, the
present value factor can be determined by using the following
formula:
PVF = 1 SL
1.02
where: PVF = present value factor
SL = site life in years
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Table 1
Site Life in Years Present Value Factor
1 .980
2 .961
3 .942
4 .924
5 .906
6 .888
7 .871
8 .853
9 .837
10 .820
11 .804
12 .788
13 .773
14 . .758
15 .743
16 .728
17 .714
18 .700
19 .686
20 .673
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(iii) Reimbursement for Closure Costs
When an owner or operator has ceased operations at a hazardous
waste management facility and has completed closure of the site, as
required under Section 250.43-8 of the subpart, he or she may apply
to the Regional Administrator for return of the funds, principal and
interest, in the closure trust fund. Upon determination that closure
has been satisfactorily accomplished, the Regional Administrator may
release all funds accumulated in the trust fund.
(2) Requirements for Post Closure Monitoring and
Maintenance
(i) Cost Estimation
Each owner or operator of a hazardous waste disposal facility
shall file with the Regional Administrator, as part of his or her
application for a permit, an estimate of the annual cost of post
closure monitoring and routine maintenance at the site in accordance
with the closure regulations in Sections 250.43-8 of this subpart.
The Regional Administrator will evaluate the cost estimate, and after
such modification as may be necessary in light of his or her evalua-
tion, give notice of acceptance of the cost estimate. This value
which will be referred to as the annual post closure operating cost
will then be used to determine the annual cash payments into a trust
fund for monitoring and maintenance as required under Section
250.43-8 of this subpart for a period of twenty years after facility
closure.
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NOTE: By definition, hazardous waste treatment and storage
facilities will have no need to conduct post closure mon-
itoring and maintenance since all wastes will be removed from
the facility at the time of closure.
(ii) Financial Assurance for Post Closure Monitoring
and Maintenance
Each owner or operator of a hazardous waste disposal facility
shall further designate the closure trust fund established under Sec-
tion 250.43-1 (a)(l)(ii), "in trust for the post closure monitoring
and maintenance of (the permitted hazardous waste disposal facil-
ity)." The period of payment into this portion of the trust fund
shall be equal to the length of life of the site except when the life
of the site exceeds twenty (20) years in which case the period of
payment into the trust fund shall be twenty years. Equal, annual
cash payments shall be made into the trust fund from the end of the
first year of site operation until the end of the period of payment.
If for any reason the required annual payment is not made, the
trustee shall notify the Regional Administrator. The amount of the
annual cash payment shall be calculated by multiplying the annual
post closure operating costs as determined under Section 250.43-2
(a)(2)(i) by 16.35, and dividing the product by the Sum of Annuity
factor appropriate to the period of payment in Table 2.
(iii) Reimbursements for Post Closure Costs
One year after completion of closure, in compliance with
250.43-8 of this subpart, and annually thereafter, for a period of
twenty years, an owner or operator who has carried out all necessary
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Table 2
Period of Payment Sum of Annuity Factor
1 1.000
2 2.020
3 3.060
4 4.122
5 5.204
6 6.308
7 7.434
8 8.583
9 9.755
10 10.950
11 12.169
12 13.412
13 14.680
14 15.974
15 17.293
16 18.639
17 20.012
18 21.412
19 22.841
20 24.297
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post closure maintenance and monitoring as required under Section
250.43-8 of this subpart, upon application to the Regional
Administrator, may be reimbursed out of the funds in the trust fund,
an amount equal to the costs for monitoring and routine maintenance
for that year. Requests for release of funds for reimbursement must
be accompanied by an itemized list of costs incurred. Upon deter-
mination that the expenditures incurred are in accordance with the
approved plan and/or are justified, the Regional Administrator may
release the funds. Any funds remaining in the trust at the end of
the twentieth year will likewise be released.
(3) Access and Default
As a condition of issuance of any permit pursuant to these
regulations, a permit holder shall be deemed to have granted to the
Administrator, his employees and agents the right to enter upon the
site covered by the permit and carry out the closure and post-closure
monitoring and operations otherwise required of the permit holder in
the event of the permit holder's default on closure or abandonment of
the site following its closure. In the event of default on these
requirements on the part of the permit holder or abandonment of the
site, all regulatory requirements are transferred to the owner of the
site. In the event that the site owner or the permit holder cannot
be reached within 48 hours of attempt to serve a compliance order
respecting closure or post closure responsibilities, EPA may directly
use part or all of the funds accumulated in the fund to accomplish
the regulatory requirements.
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(b) Financial Responsibility
(1) Financial Responsibility Required of Owners or
Operators During Site Operation
Each owner or operator of a hazardous waste treatment, storage
or disposal facility shall have and shall maintain financial respon-
sibility in the minimum amount of $5 million for claims arising out
of injury to persons or property from the release or escape of
hazardous wastes to the environment. This includes those clean up
costs which are a legal obligation of the facility owner or operator.
(i) Establishment of Financial Responsibility
Financial responsibility may be established by any one, or a
combination, of the following:
1) Evidence of liability insurance
2) Self insurance
3) Other evidence of financial responsibility.
Evidence of financial responsibility acceptable to the Regional
Administrator must be maintained during the operation of a hazardous
waste treatment, storage or disposal facility. The level of self
insurance shall not exceed 10 percent of equity.
(2) Establishment of Post Closure Financial Responsibility
for Hazardous Waste Disposal Facilities
(Reserved)
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250.43-3 Security
(a) Facilities shall have fencing completely surrounding the active
portions of the facility.
NOTE: Facilities do not have to comply with the above standard
(250.43-3(a)) if the owner/operator can demonstrate that
the facility in question is surrounded by a natural or
artificial barrier capable of preventing scavenging, un-
permitted treatment, storage or disposal activity, the
unknowing entry of persons, domestic livestock, or any
other unauthorized entry.
(b) Ingress through each gate or other access shall be controlled by
an attendant, mechanical or electro-mechanical device whenever the
facility is in operation (e.g., security personnel, key cards, or
television monitors, respectively). Each gate or other access shall
be secured whenever the facility is not in operation.
(c) A sign, in the English language and the predominant language of
the area surrounding a facility (e.g. , facilities in states bordering
Mexico and Canada shall have signs posted in Spanish and French, re-
spectively), having the following legend - (WARNING - Unauthorized
Personnel Keep Out) - shall be posted about the active portions of
the facility. The sign shall consist of block letters not less than
four (4) inches in height. The letters shall be of a color offering
high contrast with the background color of the sign.
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NOTE: Facilities may deviate from the specified four (4) inch
block letters and legend of the sign as specified in
Standard 250.43-3(d), provided that the facility
owner/operator can demonstrate that the proposed alterna-
tive sign in question is legible and clearly visible
from each and every access onto a facility and that the
sign warns against unauthorized entry or is unnecessary
in light of the standards.
250.43-4 Emergency Procedures and Contingency Plans
(a) Contingency plans
(1) The facility owner/operator shall develop a contingency
plan for his facility so as to minimize human health or en-
vironmental damage in the event of an accidental discharge. The
provisions of the plan shall be followed, as appropriate, in
the event of an emergency at the facility.
(2) A copy of the contingency plan shall be filed with the EEA
Regional Administrator and with all local police departments,
fire departments, hospitals and hazardous incident response
teams (H.I.R.T.) who may be called upon to provide emergency
services. All revisions to the plan shall be promptly reported
in writing to all affected parties having copies of the con-
tingency plan.
(3) The plan shall describe arrangements made with local police
departments, fire departments, hospitals, and hazardous
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incident response teams (H.I.R.T.) to coordinate emergency
services. These arrangements shall include:
(i) familiarization of police, fire departments, and
hazardous incident response teams (H.I.R.T.) with
facility layout, wastes handled at the facility and
associated hazards, places where facility personnel would
normally be working, entrances and roads inside the
facility, possible evacuation routes, etc.; and
(ii) where necessary, agreements designating primary
emergency authority to one police and one fire department
jurisdiction in the event that more than one responds to
the emergency, and agreements with any others to provide
support to the primary authority.
NOTE: Arrangements need not be made with local police
agencies, fire departments, hospitals and hazardous
incident response teams (H.I.R.T.) if the owner/operator
can demonstrate that hazards do not exist at the facility
which necessitate the services of the above mentioned
organizations.
(4) At all times when the facility is in operation, there shall
be at least one person present with the reponsibility of
coordinating all emergency response measures. This emergency
coordinator shall be thoroughly familiar with all aspects of the
facility's contingency plan, all operations activities at the
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facility, location and characteristics of wastes handled, loca-
tion of manifests within the facility, and facility layout.
(5) The names, addresses, and phone numbers (office and home)
of all persons qualified to act as emergency coordinators under
(a)(4) above shall be listed in the contingency plan submitted
for each facility.
(6) The plan shall include a list, physical description, and
description of capabilities of all emergency equipment at the
facility, including fire extinguishing systems, alarms (internal
and external), decontamination equipment, etc.
(7) The plan shall include an evacuation plan for facility
personnel and outlining evacuation routes, signals(s) to be used
to begin evacuation, and alternate evacuation routes if the
primary routes can potentially be blocked by fires, spills,
etc., of hazardous waste.
(8) The plan shall include an outline of a program for
familiarizing employees with emergency procedures (alarm signal,
shutdown of operations, evacuation) and for drills on these
procedures.
(b) Preparedness and Prevention
(1) All facilities shall be equipped with the following:
(i) An alarm or other communications system capable of
summoning external emergency assistance (i.e., local pol-
ice departments, fire departments, and hazardous incident
response teams; and
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NOTE: An alarm or other communication system is not needed if
the facility owner/operator can demonstrate that hazards
at the facility requiring external emergency assistance
do not exist.
(ii) an internal communications system capable of provi-
ding immediate emergency instruction (voice or signal) to
facility employees.
(2) At any time that hazardous waste is being poured, mixed,
spread, or otherwise handled, all employees involved in the
operation shall have immediate access to an internal or ex-
ternal alarm or emergency communication device, either directly
or through visual or voice contact with another employee. If at
any time during operation of the facility there is a sole em-
ployee on the premises, he/she shall have immediate access to
an alarm or other communication device capable of summoning ex-
ternal emergency assistance.
(3) Facilities shall have the following:
(i) portable fire extinguishers, fire control equipment,
and spill control equipment;
(ii) water at adequate volume and pressure to supply
water hose streams, foam producing equipment, automatic
sprinklers, or water spray systems; and
(iii) special extinguishing equipment, such as that
utilizing foam, inert gas, or dry chemical.
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NOTE: Fire extinguishing equipment, fire control equipment, and
spill control equipment is not needed if the facility
owner/operator can demonstrate that hazards at the facil-
ity which necessitate the need for such equipment do not
exist.
(4) All facility fire protection equipment shall be adequately
maintained and periodically inspected and tested to make sure
it is always in satisfactory operating condition, and that it
will serve its purpose in time of emergency.
(5) Adequate aisle space shall be maintained for unobstructed
movement of personnel, and maintained so that fire protection
equipment can be brought to bear on any area of facility oper-
ation.
NOTE: Aisle space need not be maintained for unobstructed move-
ment of personnel and protection equipment if the facil-
ity owner/operator can demonstrate that the aisle space
is not necessary for the movement of personnel and it is
not necessary to bring in fire equipment.
(6) Precautions shall be taken to prevent accidental ignition
of ignitable materials. Sources of ignition, including but not
0
limited to open flames; lightning; smoking; cutting and wel-
ding; hot surfaces; frictional heat; static, electrical, and
mechanical sparks; spontaneous ignition, including heat-
producing chemical reactions; and radiant heat, shall be
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eliminated or protected against facilities where a flammable
atmosphere could be created.
(7) While ignitable or reactive wastes are being handled, smok-
ing shall not be permitted and no one near the wastes shall pos-
sess matches, open light, or other fire or flame. Smoking and
open flame shall be prohibited at the facility except in de-
signated localities. "No Smoking" signs shall be conspicuously
posted where hazard from ignitable or reactive liquid vapors is
normally present.
(c) Response and Recovery
(1) In the event of an accidental discharge, the facility's
emergency coordinator shall identify the character, exact
source, volume and extent of the discharged materials by review
of facility records and manifests, and if necessary, by chemical
analysis.
(2) The emergency coordinator shall assess possible hazards to
local communities associated with a discharge. This assessment
shall include consideration of indirect effects, such as toxic,
irritating, or asphyxiating gases, hazardous surface run-off due
to water or chemical agents used to control fire, and heat-
induced explosions.
(3) The emergency coordinator shall determine what actions
should be taken to mitigate damage or injury to the community
and its residents. This determination shall indicate whether:
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(i) local communities may have been exposed to a hazard-
ous substance; and
(ii) evacuation of local populated areas should be
initiated because of imminent danger (i.e., from toxic
combustion products, ignitable or explosive vapors,
threatened explosions, etc.).
(4) The emergency coordinator shall notify appropriate agencies
with designated response roles immediately if an emergency at
the facility presents a potential threat to local populated
areas, or if their assistance is necessary.
(5) The emergency coordinator shall notify appropriate local
authorities immediately if his/her assessment indicates that
evacuation of local areas may be advisable. The emergency
coordinator shall be prepared to assist authorities in making
the final determination as to whether evacuation is necessary.
(6) Where applicable, the emergency coordinator shall activate
internal facility alarms or communications systems to notify
all personnel of imminent or actual emergency situations.
(7) In the event that a facility has a fire, spill or explosion
which has the potential.for endangering human health or the en-
vironment, the emergency coordinator shall telephone the United
States Coast Guard National Response Center's twenty-four (24)
hour toll free number, 800-424-8802, to report such an incident
immediately after discovery of its occurence.
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(8) The emergency coordinator shall take all reasonable
measures necessary to ensure that fires and explosions do not
reoccur and do not spread to other hazardous wastes at the
facility. These shall include, where applicable, cessation of
processes and operations, collection and containment of
discharged wastes, removal or isolation of containers, etc.
(9) The emergency coordinator shall record the time, date, and
nature of the emergency, and convey a preliminary report with
this and any other pertinent information on the emergency to
the Regional Administrator, as required in Section 250.43-6 of
this subpart.
(10) The emergency coordinator shall provide for treatment,
storage or disposal of recovered wastes, contaminated soil, or
materials resulting from an accident at the facility after the
recovered wastes, contaminated soil or contaminated materials
have been:
(i) analyzed to determine whether it is a hazardous
waste, or
(ii) assumed to be a hazardous waste.
(11) The emergency coordinator shall ensure that no wastes
which may be incompatible with the released material are ac-
cepted for treatment, storage or disposal at the facility until
clean-up procedures are completed, emergency equipment restored
to pre-accident condition, and the affected area is declared
safe by EPA or other appropriate regulatory authorities.
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(12) Where applicable, the emergency coordinator shall, sub-
sequent to shut-down of operations, in response to a fire, spill
or explosion, monitor for leaks, pressure build-up, gas genera-
tion or ruptures in valves, pipes or other equipment.
(13) The emergency coordinator shall ensure that all emergency
equipment, including vehicles, pumps, temporary storage con-
tainers, etc., are cleaned and restored to pre-accident con-
dition before operations may be resumed.
250.43-5 Training
(a) Within six (6) months after the effective date of these regu-
lations or date of employment, personnel at new and existing
facilities shall have attended and successfully completed a course of
instruction in hazardous waste management procedures relevant to the
operation of the facility at which they are employed.
(b) Owners/operators of facilities for the treatment, storage or
disposal of hazardous wastes shall:
(1) maintain the following records, and make them available to
the Regional Administration upon request:
(i) a list of the job titles of all positions at the
facility related to hazardous waste management;
(ii) a written job description for each position listed
under (b)(i) which shall include the requisite skills,
education, responsibilities and duties related to each
position;
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(iii) a written description of the type and quantity of
introductory and continuing training that will be
administered to each person filling a position listed
under (b)(i);
(iv) records that document that the training required
under (a), has been administered to facility personnel;
(2) have their personnel trained in contingency procedures as
prescribed in the facility's contingency plan required under
Section 250.43-4; and
(3) have their personnel take part in an annual review and up-
date of their initial training in contingency procedures and
other areas as needed.
250.43-6 Manifest System, Recordkeeping and Reporting
(a) Manifest System
(1) Owners/operators of treatment, storage and disposal
facilities which receive hazardous waste accompanied by a man-.
ifest or a delivery document shall:
(a) provide at least one (1) copy of the manifest or de-
livery document, after it has been signed and dated by an
authorized representative of the facility, to the trans-
porter as certification of receipt of the shipment covered
by the manifest or delivery document.
(b) forward, within thirty days, one (1) copy of the
manifest or delivery document, after it has been signed
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and dated by an authorized representative of the facili-
ty to the generator as certification of receipt of the
shipment covered by the manifest or delivery document.
(c) note in the comments section of the manifest or de-
livery documents discrepancies such as variations in type
and/or quantity of hazardous waste designated on the man-
ifest or delivery document by the generator, and the type
and/or quantity actually received by the treatment, stor-
age or disposal facility (TSDF). The facility owner/
operator shall notify the Regional Administrator immedi-
ately when such discrepancies are discovered by for-
warding a copy of the manifest or delivery document.
(2) Owners/operators of TSDF's accepting off-site deliveries of
hazardous waste for treatment, storage, or disposal shall re-
tain for a period of three (3) years a copy of each manifest or
delivery document as certified by the generator, transporter,
and TSDF owner/operator.
(3) Owners/operators of TSFD's accepting off-site deliveries of
hazardous waste accompanied by a manifest or delivery document
shall:
(a) Make an annual report based upon the information de-
signated on the manifests or shipping documents which were
certified as received during the reporting year.
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(b) Based on a summary of all shipments, send the annual
report within four (4) weeks after the closing date to
the EPA Regional Administrator having regulatory authority
over the TSDF.
(c) Designate in their annual reports the following (see
Annex 3 for the report form):
(i) The TSDF identification code, name, and
address;
(ii) The closing date of the annual reporting
period;
(iii) The identification code of each hazardous
waste generator from which a hazardous waste was re-
ceived during the reporting period. For inter-
national shipments, the name and address of the
generator shall be designated.
(iv) The name and common code of each hazardous
waste appearing on the manifest under "shipping
description" which was received from each hazardous
waste generator.
(v) The quantity of each hazardous waste received
from each generator.
(vi) The units of volume or weight of each quantity
in pounds (P), tons (T), gallons (G), million
gallons (MG), or cubic yards (CY).
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(vii) In addition to the above, the TSDF
owner/operator must make the following certifica-
tion: "I certify that the above information is cor-
rect to the best of my knowledge and belief." In
addition, the owner/operator must certify the
information on the report by having an authorized
representative of the generator sign and date it.
(4) Owners/operators of TSDF's accepting off-site deliveries
of hazardous waste not accompanied by a manifest or delivery
document shall make an immediate report of all such shipments
of hazardous waste and send the report to the EPA Regional
Administrator with regulatory authority over the TSDF.
Owners/operators must designate in such reports the following
(see Annex 3 for the TSDF Report Form):
(a) The TSDF identification code, name, and address;
(b) The closing date of the annual reporting period;
(c) The word "unmanifested" in place of the manifest
document number on the TSDF Report Form;
(d) The name and address of the source;
(e) The name and common code of the hazardous waste
(under "shipping description"), by its Department of
Transportation (DOT) proper shipping name (49 CFR 172),
or by the U.S. Environmental Protection Agency (EPA) name
(as listed under Section 250.14 of Subpart A of this
Part), if the DOT proper shipping name is not applicable.
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However, if the DOT proper shipping "NOT OTHERWISE
SPECIFIED" (NOS) is used, the EPA name and common code
(as listed under Section 250.14 of Subpart A of this
Part) must also be designated on the manifest after the
DOT proper shipping name NOS;
(f) The quantity of each hazardous waste received;
(g) The units of volume or weight of each quantity in
pounds (P), tons (T), gallons (G). million gallons (MG),
or cubic yards (CY);
(h) In addition to the above, the owner/operator of the
TSDF must: (i) make the following certification: "I
certify that the above information is correct to the
best of my knowledge and belief."; and (ii) certify the
information on the report by having an authorized re-
presentative of the owner/operator sign and date it;
(i) Note in the comments section of the TSDF Report -
Form a brief explanation of why the shipment was un-
manifested.
(b) Recordkeeping
(1) Owners/operators of hazardous waste management facilities
shall keep an operating log, to include all required information
specified in 250.43-6(b)(2). This log shall at all reasonable
times be open for inspection by the U.S. Environmental Protec-
tion Agency.
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(2) The following data shall be recorded and maintained until
closure of the facility:
(a) The record of hazardous waste treated, stored, or
disposed of at the facility to include the following:
(i) A description of the hazardous waste by its U.S.
Department of Transportation (DOT) proper shipping
name (40 CFR 172), or by the U.S. Environmental Pro-
tection Agency (EPA) name (as listed under Section
250.14 of Subpart A of this Part), if the DOT proper
shipping name is not applicable. However, if the DOT
proper shipping name "NOT OTHERWISE SPECIFIED" (NOS)
is used, the EPA name (as listed under Section 250.14
of Subpart A of this Part) must also be designated on
records after the DOT proper shipping name NOS;
(ii) The hazard class of each waste as identified
or listed under the DOT hazard class (49 CFR 172),
or by the EPA characteristics (as identified or
listed under Section 250.13(a) and 250.14 of Subpart
A of this Part) if the DOT hazard class is not ap-
plicable. However, if the DOT hazard class "OTHER
REGULATED MATERIALS" (ORM) is used, the EPA
characteristic (as identified or listed under Sec-
tion 250.13(a) and 250.14 of Subpart A of the Part)
must also be designated on records after the DOT
hazard class ORM;
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(iii) The quantity (as specified in
250.43-6(a)(3)(C)(vi)) of hazardous waste treated,
stored or disposed, and the method of treatment,
storage and disposal used for each waste.
(b) Locations, with respect to permanently surveyed
benchmarks, where each type of waste is stored or disposed.
The location of wastes in landfills shall be recorded as
specified in Section 250.45-2(b)(3), and in ponds and
lagoons as specified in Section 250.45-3(d)(3).
(c) Waste analyses, as specified in 250.43(h) and (i);
(d) Monitoring data, as required in 250.43-9;
(e) Summary reports and records of all incidents requiring
initiation of a contingency plan, or resulting in human
health or environmental damage;
(f) Records or results of visual inspections as required
by Section 250.43-7(b).
(3) Records required under 250.43-6(b)(2)(a) and (b) specifying
the location and types of disposed wastes shall be turned over
to the EPA Regional Administrator upon closure of the facility.
(4) Records of operating conditions (temperature, pressure, re-
sidue time, feed rate, etc.) as required in 250.45 shall be
maintained for a period of three (3) years.
(5) Training records required under 250.43-5(b)(i), (ii) and
(iii), shall be maintained until closure of the facility.
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Training records required under 250.43-5(b)(iv) shall be re-
tained for a period of three (3) years; however, employee train-
ing records may accompany personnel transferred within the same
company.
(c) Reporting
(1) Owners/operators of treatment, storage, or disposal
facilities shall report all incidents, to include spills, fires
and explosions, with the potential for human health or en-
vironmental damage or which require initiation of a contingency
plan, to the National Response Center, U.S. Coast Guard, toll
free, 800-424-8802, or to the government official predesignated
in the applicable regional contingency plan pursuant to 40 CFR
1510 as the on-scene coordinator for the geographic area in
which the incident occurs. Such reports shall be made imme-
diately after discovery of each such occurrence.
(2) Owners/operators of treatment, storage, or disposal facili-
ties shall report any problems detected by the monitoring
system, such as a sustained increase over background conditions
(See 250.43-9), to the EPA Regional Administrator within seven
(7) days after discovery of each occurrence.
(3) Owners/operators of treatment, storage, and disposal
facilities shall report monitoring data specified in 250.43 to
the Regional Administrator quarterly.
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(4) Owners/operators of treatment, storage, and disposal
facilities shall notify the Regional Administrator prior to ces-
sation of treatment and/or disposal operations, or prior to
final facility closure as specified in 250.43-8.
250.43-7 Visual Inspections
(a) Owners/operators of facilities shall visually inspect, as ap-
plicable, the following:
(1) Storage areas for rust, corrosion, cracks in storage de-
vices, missing or improper labels, and spills;
(2) Dikes and drainage systems;
(3) Operating and monitoring equipment and readings;
(4) Emergency response equipment;
(5) Damage to fences or barriers surrounding the facility;
(6) Damage to vegetation on or around the facility;
(7) Fugitive air emissions.
(b) Visual inspections shall be conducted daily and the results re-
corded in the facility's daily operating log.
250.43-8 Closure and Post Closure
(a) Facilities shall post a bond as described in Section 250.43-2,
and this bond shall be held until completion of closure and post
closure care is determined by the Administrator.
(b) Future use of land shall not be for residential, agricultural or
any other purpose which disturbs the integrity of the closed
facilities where hazardous waste has not been removed (i.e.,
landfills).
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(c) All facilities shall be designed in such a manner that the land
is amenable to some acceptable use so that perpetual isolation and
care to maintain isolation are not required.
(d) Closure plans and procedures shall be submitted to the Adminis-
trator prior to beginning operations. Owners/operators of hazardous
waste facilities, other than land disposal facilities, shall notify
the Administrator at least 15 days before any partial closure opera-
tion and 90 days before final closure. Owners/operators of hazardous
waste land disposal facilities shall notify the Administrator 15 days
before any partial closure operation and 180 days before final clo-
sure. Closure plans shall include:
(1) A description of how the facility shall be closed.
(2) A description of possible uses of the land after
closure. Note in 250.52-A shall apply.
(3) The anticipated time until closure and any anticipated
partial closures.
(e) At close out, all disposal operations shall be completed, and
all hazardous waste shall be removed from storage and treatment oper-
ations and disposed of as required in Subparts B, C, and D.
(f) Closure shall be completed within 3 years after close out.
(g) Upon completion of closure, all equipment used in the operation
shall be properly disposed of or decontaminated by removal of all
hazardous waste residues.
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(h) After closure, all facilities shall be secured such that waste
cannot be contacted by human or animal life and such that discharges
of waste harmful to human health or the environment do not occur.
(i) After closure, all required equipment shall be provided and ar-
rangements shall be made to continue groundwater mentoring at land-
farms, landfills, and other facilities where hazardous waste has been
disposed of and has not been removed.
(j) Upon completion of closure and completion of post closure care,
the facility owner/operator shall submit to the Administrator, certi-
fication by a registered professional engineer that the facility has
been closed in accordance with the requirements of the facility
permit.
(k) After closure, the facility owner/operator shall file a survey
plan certified by a registered professional land surveyor with the
county land authority and the Regional Administrator indicating what
waste has been buried or farmed on the site, and the approximate
location of such waste.
(1) Post closure care shall be continued by the owner/operator of a
facility for a period not to exceed 20 years from the date of close
out.
NOTE: The facility owner or operator may request that the Re-
gional Administrator conduct a hearing to determine
which post closure care requirements, if any, may be dis-
continued earlier than 20 years after close out. The
facility owner or operator shall bring forth evidence
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that such post closure care need not continue, i.e., no
leaks have been detected, or with advanced technology,
which alternate disposal techniques are to be employed.
(m) Post closure care shall consist of at least the following:
(1) Monitoring for possible discharges.
(2) Maintenance of site security and waste containment
devices.
250.43-9 Groundwater and Leachate Monitoring
All facilities other than landfarms which have the potential to
discharge to groundwater shall be monitored so as to detect any dis-
charge.
(a) Groundwater Monitoring
(1) A groundwater monitoring system consisting of four (4) mon-
itoring wells shall be installed for the purpose of detecting
discharges at all facilities.
(2) At least one background well shall be installed in an area
hydraulically upgradient from the active portion of the facility
so as to yield samples representative of the groundwater which
will flow under the active portion of the facility.
(3) A minimum of three (3) monitoring wells shall be installed
hydraulically downgradient of the active portion of each
facility at different depths in order to detect leachate which
may migrate into the saturated zone. Each well shall be cons-
tructed to draw samples from the depths where contamination is
most likely to occur.
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NOTE: Wells may be constructed to draw samples from a single
depth only if it can be demonstrated that it is the depth
where contamination is likely to occur.
(4) At least one downgradient well shall be positioned im-
mediately adjacent to the active portion of the facility. The
others shall be located to provide the greatest opportunity for
interception of contamination.
(5) All monitoring wells shall be cased, and the annular space
between the zone of saturation and the surface shall be com-
pletely backfilled with an impermeable material in order to
prevent surface water from entering the well bore and to prevent
inter-aquifer water exchange.
(b) Leachate Monitoring
(1) Leachate detection systems shall be installed under the
primary liner or natural soil barrier of landfills and surface
impoundments and above the water table.
NOTE: Leachate monitoring is not needed if the facility
owner/operator can demonstrate that an alternative mon-
itoring technique will detect leaks as effectively as a
leachate monitoring system.
(2) Leachate monitoring systems shall be installed without
drilling through the bottom and side liners or soil barriers of
landfills and surface impoundments.
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(c) Sampling and Analysis
(1) Samples from the monitoring well(s) and leachate monitoring
systems shall be collected and analyzed comprehensively prior to
treatment, storage, or disposal of any hazardous waste at a new
facility in order to begin establishing baseline levels.
(2) Samples from the monitoring well(s) and leachate monitoring
systems shall be collected and analyzed comprehensively at an
existing facility within six months after the effective date of
these regulations in order to begin establishing baseline
levels.
(3) The baseline level of both groundwater and leachate (re-
flecting annual seasonal data) shall be established by con-
ducting monthly comprehensive analyses for at least one year.
NOTE: Facility owner/operators may monitor less frequently if
they can demonstrate that significant changes in
groundwater quality will not occur.
(4) After the baseline has been established, groundwater
samples shall be analyzed comprehensively at least once a year
and the minimum analysis conducted at a frequency based on the
groundwater flow rates shall be as follows:
A) Less than 25m (82 ft)/year - annually
B) 20-50m (82-164 ft)/year - semi-annually
C) Greater than 50m (164 ft)/year - quarterly
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(5) After the baseline has been established, samples shall be
collected from the leachate monitoring system quarterly and a
minimum analysis conducted. A comprehensive analysis shall be
conducted annually.
NOTE: This requirement is waived in the event that insufficient
samples can be obtained for conducting the analysis.
(6) After the baseline has been established, if monitoring
shows that the concentration of a chemical species has increased
above baseline levels by a statistically significant amount,
i.e., as determined by the Student's t single-tailed test at the
95% confidence level, the facility owner/operator shall:
A) notify the Regional EPA Administrator within 7 days;
•B) determine the cause of the increase, e.g., the result
of a spill, a design failure, an improper operating
procedure, etc.;
C) determine the extent of the groundwater contamination".
(7) A minimum analysis shall quantify the following charac-
teristics :
(A) Specific Conductivity, mho/cm at 25 C
(B) Temperature, C (Field and Laboratory)
(C) Total Dissolved Solids (TDS), mg/liter
(D) Chloride, mg/liter
(E) pH
(F) Dissolved Organic Carbon (DOC), mg/liter
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(G) Two principle metals (ones found in the waste in the
largest quantities or which best serve as indicators),
mg/liter.
(8) A comprehensive analysis shall quantify the following
characteristics:
(A) Specific Conductivity, mho/cm at 25 C
(B) Temperature, C (Field and Laboratory)
(C) pH
(D) Total Dissolved Solid, mg/liter
(E) Total Suspended Solid, mg/liter
(F) Total Settleable Solid, mg/liter
(G) Dissolved Organic Carbon (DOC), mg/liter
(H) Total Chlorinated Hydrocarbons, mg/liter
(I) Phenolic Compounds (as Phenol), mg/liter
(J) Metals:
Aluminum, mg/liter
Arsenic, mg/liter
Beryllium, mg/liter
Cadmium, mg/liter
Chromium, mg/liter
Copper, mg/liter
Iron, mg/liter
Magnesium, mg/liter
Manganese, mg/liter
Mercury, mg/liter
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Nickel, mg/liter
Selenium, mg/liter
Silver, mg/liter
Zinc, mg/liter
(K) Ammonia (as N), mg/liter
(L) Chlorides, mg/liter
(M) Cyanide, mg/liter
(N) Floride, mg/liter
(0) Nitrate, mg/liter
(P) Nitrite, mg/liter
(Q) Phosphate, Total, mg/liter
(R) Ortho-phosphate (as P), mg/liter
(S) Organic Contamination scanning by Gas Chromatography.
NOTE: After the baseline level has been established, the com-
prehensive analysis may be reduced so as to eliminate any
compounds not found in the waste handled at the facility.
(d) Recordkeeping and Reporting
(1) Owners/operators of facilities shall forward two copies of
the monitoring data (Minimum Analysis and/or Comprehensive An-
alysis) to the EPA Regional Administrator quarterly using an ap-
propriate format (an optional standardized form will be
specified in Monitoring Manual).
(2) Owners/operators of facilities shall be required to retain
for a minimum of 3 years any records of monitoring activities
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and results, including all original strip chart recordings for
instrumentation, calibration and maintenance of records.
250.44 STANDARDS FOR STORAGE
(a) Storage operations shall be conducted in such a manner that no
discharge occurs.
(b) Storage facilities shall be monitored and inspected (see
Sections 250.43-9 and 250.43-7) for the purpose of detecting any
potential discharge to groundwater, surface water, and air.
(c) Each storage area shall have a continuous base which is
impervious to the material being stored, such that any run-off and
spills can be contained until the spilled waste can be removed.
(d) Hazardous waste which would cause the air objective (Section
250.42-3) to be exceeded if it were stored in an open manner,
particularly with regard to volatility and toxicity, shall be stored
in tanks or other closed containers.
(e) Storage tanks and containers shall be of sturdy and leak-proof-
construction in order to prevent the release of wastes into the
environment.
(f) Storage tanks and containers shall be constructed of materials
which are compatible with the wastes to be contained, or shall be
protected by a liner compatible with the wastes, such that the tank's
ability to contain the wastes is not impaired.
(g) A hazardous waste shall not be added to an unwashed storage tank
or container that previously held an incompatible material (See Annex
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(h) The identity and location of all stored waste shall be known
(e.g., via labeling) throughout the entire storage period.
250.44-1 Storage Tanks
(a) Storage tanks which
(1) contain waste with a true vapor pressure greater than 78 mm
Hg at 25 C, and
(2) have a storage capacity in excess of 19,000 liters (5,000
gallons)
shall not be vented directly to the atmosphere.
(b) All facilities which store wastes in tanks above ground shall
have a spill confinement structure(s) (e.g., dike or trench), the
capacity of which is equal to the entire contents of the largest en-
closed tank, plus sufficient freeboard to allow for collection and
containment of precipitation.
(c) Diking requirements and operational procedures for storage tanks
shall be in accordance with EPA's oil and hazardous substances pol-
lution prevention regulations issued pursuant to Section 311 of the
FWPCA.
250.44-2 Storage Containers
(a) If containers are not in good condition when received, or if a
container's contents begin to leak, the hazardous waste shall be
^containerized.
(b) Containers holding hazardous waste shall not be opened, handled,
or stored in a manner which may rupture the containers, or cause them
to leak.
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(c) All facilities which store wastes in containers shall have a
spill confinement structure(s) (e.g., dike or trench), the capacity
of which is equal to 10 percent of the containerized waste, plus
sufficient freeboard to allow for containment and collection of
precipitation.
(d) Storage containers holding wastes which are incompatible shall
be separated from each other or protected from each other in order to
prevent the wastes from mixing, should the containers break or leak.
(e) Empty combustible containers, e.g., fibrous and paper con-
tainers, which previously contained hazardous waste, shall be:
(1) Incinerated in a facility which complies with the re-
quirements of Section 250.45-1.
(2) Buried in a landfill which complies with the requirements
of Section 250.45-2.
(f) Empty non-combustible containers, e.g., metal and glass, which
previously contained hazardous waste, shall be:
(1) Cleaned by removing hazardous waste residuals at a permit-
ted facility and
(i) transported to a drum reconditioner; or
(ii) transported to a metal recovery facility as scrap
for resource recovery; or
(2) Transported to a permitted drum reconditioner, with the ap-
propriate manifest; or
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(3) Reused with the same type of waste previously contained, or
with another compatible waste provided such reuse is legal under
currently applicable U.S. DOT regulations, including those set
forth in 49 CFR 173.28.
(g) Paper bags contaminated with hazardous waste shall be stored in
closed secondary containers.
250.45 Standards For Treatment/Disposal
(a) Where practical, disposal of hazardous waste shall be avoided
and alternatives such as resource recovery, reuse, or other methods
of recycling shall be employed.
(b) All facilities which dispose discrete radioactive wastes (as de-
fined in Subpart A) shall be licensed by the U.S. Nuclear Regulatory
Commission.
(c) All residuals from treatment operations which are hazardous
waste must be handled in accordance with these regulations (40 CFR
Part 250). Non-hazardous waste residuals are not subject to reg-
ulation under Subtitle C of the Act.
(d) Wastes produced from facilities are subject to the provisions of
RCRA, and if hazardous in accordance with Subpart A, shall have to
comply with Section 3002 generator standards.
(e) Any hazardous waste which is treated so that it does not have
any of the characteristics of a hazardous waste as defined in Sub-
part A shall not be subject to further regulation under Subtitle C of
RCRA. Any used oil hazardous waste which is treated so that it does
B-172
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not have any of the toxicity characteristics of a hazardous waste as
defined in Subpart A shall not be subject to further regulation under
Subtitle C of RCRA.
250.45-1 Incineration
(a) Owners and operators of hazardous waste incinerators shall con-
duct trial burns for each hazardous waste which is significantly
different than any previously demonstrated under equivalent con-
ditions. The trial burn shall include the following determinations:
(1) An analysis of the hazardous waste for concentrations of
halogens and principle hazardous components.
(2) An analysis of the ash residue and scrubber effluent for
the principle hazardous components.
(3) An analysis of the exhaust gas for the concentrations of
the principle hazardous components, hydrogen halides, CO, C02i
02, total particulates.
(4) An identification of sources of fugitive emissions and
their means of control.
(5) A measurement of combustion temperature and computation of
residence time.
(6) A computation of combustion efficiency and destruction ef-
ficiency.
(7) A computation of scrubber efficiency in removing halogens.
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(b) Incinerators used to thermally degrade hazardous waste con-
taining more than 0.5 percent halogens shall be equipped with wet
scrubbers capable of removing 99 percent of the halogens from the ex-
haust gases.
(c) Hazardous waste incinerators which burn pesticide waste or
wastes which are hazardous due to their toxicity shall operate at
greater than 1000 C combustion zone temperature, greater than two
seconds retention time, and greater than two percent excess oxygen
during incineration of the hazardous waste.
NOTE: Incinerators may operate at other conditions if the
facility owner/operator can demonstrate that an equiva-
lent degree of destruction will be provided at the other
conditions. Pathological incinerators are exempt from
the requirements under (c).
(d) Hazardous waste incinerators which burn pesticide waste or
wastes which are hazardous due to their toxicity shall be designed,
constructed, and operated to maintain a destruction efficiency of
99.99 percent, as defined in the following equation:
DE = -zm zniUL x 100
Win
Where
DE = destruction efficiency
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^in = feed rate of principle toxic components of waste going
into the incinerator (g/min)
^out = mass emission rate of principle toxic components in
waste leaving the incinerator combustion zone (g/min)
NOTE: Pathological incinerators are exempt from the re-
quirements under (d).
(e) Incinerators shall be designed, constructed, and operated such
that fugitive emissions of unburned hazardous waste and combustion
products are controlled.
(f) Incinerators shall be designed, constructed, and operated to
automatically cut off waste feed to the incinerator when significant
changes occur in flame, combustion zone temperature, excess air, or
scrubber waste pressure.
(g) Incinerators shall continously monitor and record combustion
zone temperature and carbon monoxide exhaust gas concentrations.
(h) Incinerators shall be operated at a combustion efficiency equal
to or greater than 99.9 percent as defined in the following equation:
CC02
CE = x 100
* CCO
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Where
CE = combustion efficiency
^co2 = concentration of C02 in exhaust gas
^co = concentration of CO in exhaust gas
(i) Hazardous waste incinerators shall be operated in a manner that
assures that emissions of particulate matter do not exceed 270 mil-
ligrams per dry standard cubic meter (0.12 grains per dry standard
cubic foot) at zero excess air. Compliance with this requirement may
be achieved by having particulate emissions which, when corrected to
12 percent C02 by the formula below, are less than 180 milligrams
per standard cubic meter (0.08 grains per dry standard cubic foot).
Where
PEC + PEm x Cs
Cm x 1.5
PEC = corrected particulate emissions, mg/nH (gr/ft^)
PEm = measured particulate emissions, mg/m^ (gr/ft^)
Cs = stoichiometric CC>2 concentration, ppm
Cm = measured C0£ concentration, ppm
250.45-2 Landfills
a) Site Selection
(1) Landfills shall be located or designed, constructed, and
operated to prevent direct contact between the landfill and
navigable water.
(2) Landfills which have the potential for discharge to an
underground drinking water source shall be located or designed
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and constructed such that the distance from the bottom of any
liner system or natural in-place soil barrier to the average
high mean water table is at least 1.5 meters (5 feet).
NOTE: The bottom of any liner system or natural in-place soil.
barrier may be located less than 1.5 meters (5 feet)
above the historical mean water table provided the facil-
ity owner/operator can demonstrate that no direct contact
will occur between the landfill and the water table.
(3) Active portions of landfills shall'be at least 150 meters
(500 feet) from any functioning public or private water supply,
or livestock water supply.
NOTE: Facilities may locate the active portion of their
landfills less than 150 meters from any functioning
public or private water supply, or livestock water supply
provided that they can demonstrate that the groundwater
human health and environmental standard (250.42-1) and
the surface water human health and environmental standard
(250.42-2) will not be violated.
b) Construction and Operation
(1) Landfills shall be located, designed, constructed, and
operated to prevent erosion, landslides, or slumping.
(2) Each landfill shall be located, designed, constructed, and
operated such that the liner or natural in-place soil barrier
is compatible with the wastes to be landfilled.
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(3) The exact location of each waste and the dimensions of each
cell with respect to permanently surveyed bench-marks shall be
recorded. The contents of each cell shall also be recorded.
These records shall be handled as specified in 250.43-6.
(4) Wastes, containerized or non-containerized, that are
incompatible (Annex 4) shall be disposed of in separate
landfill cells.
(5) The following wastes shall not be disposed at hazardous
waste landfills:
(i) reactive wastes, as defined in Subpart A;
(ii) ignitable wastes, i.e., those having a flash
point of less than 60 C (140 F);
(iii) wastes with a vapor pressure greater than 78 mm of
Hg at 25 C;
(iv) bulk liquids and sludges with a total solids con-
centration of less than 20 percent.
NOTE: Bulk liquids and sludges with a total solids content of
less than 20 percent, may be disposed of at a hazardous
waste landfill provided the liquids and sludges are pre-
treated prior to landfilling or treated in the landfill
to reduce their liquid content or increase their solids
content to greater than 20 percent.
(6) Diversion structures (e.g., dikes, drainage ditches, etc.)
shall be constructed such that surface water runoff be prevented
from entering the landfill site.
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NOTE: Diversion structures may not be necessary provided the
owner/operator can demonstrate that the landfill site is
located such that the local topography will prevent sur-
face water runoff from entering the site.
(7) Surface water over active portions (those areas where
hazardous wastes are present, according to 250.41-2) of a
landfill shall be collected, removed and (1) analyzed to de-
termine if it is a hazardous waste or (2) considered to be a
hazardous waste and handled as such.
NOTE: Water collected and removed from active portions need not
be analyzed or considered to be a hazardous waste pro-
vided the owner/operator can demonstrate that the water
could not have been contaminated or if the water is
collected and discharged in accordance with NPDES
requirements.
(8) Where gases are generated, a gas collection and control
system(s) shall be installed to control the vertical and
horizontal escape of gases from hazardous waste landfills.
NOTE: Gas collection and control system(s) shall not be re-
quired provided the owner/operator can demonstrate that
gases will not be generated in the landfill, or that
gases generated will not violate the air human health and
environmental standard and will not create a flammable
or explosive atmosphere.
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(9) A minimum of 0.15 meters (6 inches) of cover material
shall be applied daily on active hazardous waste landfill
cells. Cells which will not have additional wastes placed on
them for at least one week shall be covered with 0.30 meters
(12 inches) of cover material.
NOTE: Facility owners/operators may use covers of different
thicknesses and/or apply them at different frequencies
provided they can demonstrate that the possibility of
fire or explosion; harboring feeding and breeding of
vectors; or violations of the air human health and en-
vironmental standard is controlled to an equivalent de-
gree.
(10) Where natural geologic and climatic conditions (evapora-
tion exceeds precipitation) allow, the following design shall be
used for the construction and operation of the landfill: along
the bottom and internal sides of the landfill at least 3 meter-s
(10 feet) of natural in-place soil with a permeability of less
than or equal to 1 x 10-7 cm/sec, and, which meets the criteria
of 250.45-2 (b)(13) shall be used.
NOTE: Landfill designs using natural in-place soils of dif-
ferent thicknesses and permeabilities may be used,
provided they have a thickness greater than or equal to
1.5 meters (5 feet), and that the facility owner/opera-
tor can demonstrate that they will provide equivalent
containment of waste.
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(11) Facility owner/operators using the design in (b)(10) or
any similar design without leachate collection shall demonstrate
that liquids will not accumulate in the landfill to the extent
they may be discharged to the surface in any manner or to the
groundwater in a manner that violates the groundwater human
health and environmental standard (250.42-1).
(12) Where natural and climatic conditions do not allow use of
the design in (b)(10), one of the following designs shall be
used for the construction and operation of the landfill:
Design I
(i) The landfill shall be constructed and operated such
that any leachate formed can be contained and removed
from the landfill. .
(ii) The landfill liner shall meet the criteria
specified in (b)(13), be at least 1.5 meters (5 feet)
thick, cover the entire bottom and internal sides of the
landfill, be constructed of material with a permeability
of less than or equal to 1 x 10-7 cm/sec., and be com-
patible with the waste to be landfilled.
(iii) The liner shall be sloped at a 1 percent minimum
grade such that the leachate is drained directly by grav-
ity to a collection sump(s).
(iv) There shall be a permeable layer on top of the
bottom liner so that any generated leachate can move
rapidly to the collection sump.
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(v) The leachate collection system shall be checked at
least monthly for the generation of leachate and shall be
removed so that a hydraulic head is not created. The
leachate shall be considered a hazardous waste unless de-
termined otherwise.
Design II
(i) The landfills shall be constructed and operated such
that any leachate formed can be contained and removed
from the landfill.
(ii) The design shall consist of a top leachate col-
lection system, a soil liner, a synthetic liner and a
bottom leachate collection/detection system. Both liners
shall cover the entire bottom and internal sides of the
landfill.
(iii) The base of the landfill shall be sloped at a 1
percent minimum grade to direct leachate to a collection
sump(s). On the landfill base, there shall be a perme-
able layer so that any leachate generated can move
rapidly to a collection sump(s).
(iv) The synthetic liner shall meet the criteria in
(b)(14) and shall be protected on the top and the bottom
by a layer of selected clean sand or earth, not less than
14 cm (6 in.) thick, and compatible with the wastes to be
landfilled.
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(v) The soil liner shall meet the criteria in (13) and
shall be at least 1 meter (3 feet) thick and have a
permeability of less than or equal to 1 x 10-7 cm/sec.
The soil liner shall be sloped at a minimum of 1 percent
grade to direct leachate to a collection sump(s).
(vi) On top of the soil liner, there shall be a perme-
able layer, so that any leachate generated can move
rapidly to the collection sump(s).
(vii) The leachate collection systems shall be checked
at least monthly for the generation of leachate, and
shall be removed so that a hydraulic head is not created.
The leachate shall be considered a hazardous waste un-
less determined otherwise.
NOTE: Facilities may use a landfill design other than the
two described above provided the facility owner/
operator can demonstrate that the design includes a
leachate collection system(s) and provides equivalent
waste containment.
(13) Soil liners and natural impermeable barriers shall meet
the following minimum criteria:
(i) soils classified under the unified soil clas-
sification system CL, CH, and OH (ASTM Standard D2487-69),
(ii) percent passing no. 200 sieve, 30 (ASTM Test
D1140),
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(iii) liquid limit 30 units (ASTM, Test D423),
(iv) plasticity under 15 units (ASTM Test D424),
(v) pH of 7.0 or higher (Annex 5), and
(vi) permeability not adversely affected by anticipated
waste
NOTE: Soil not meeting the above criteria may be used
provided the facility owner/operator can demonstrate that
such soil will provide equivalent structural stability,
waste containment, and will not be adversely affected by
the anticipated waste.
(14) Synthetic (artificial) liners shall meet the following
minimum criteria:
(i) be of a material that will withstand the chemical,
physical, biological and climatic stresses anti-
cipated in the landfill;
(ii) have a minimum thickness of 20 mils;
(iii) have a permeability less than or equal to 1 x
10~12 cm/sec;
(iv) have adequate tensile strength to elongate and
withstand the stress of installation or use of
machinery or equipment;
(v) be of uniform thickness, free from thin spots,
cracks, tears, blisters, and foreign particles;
(vi) be placed on a stable base;
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(vii) be compatible with the wastes to be landfilled.
(15) All hazardous waste landfills overlying underground drink-
ing water sources shall have groundwater monitoring systems as
specified in 250.43-9.
(c) Closure
(1) Final cover shall be provided and consist of at least 15
meters (6 inches) of clay soil with a permeability less than or
equal to 1 x 10 cm/sec., under a minimum cover of 45 cm (18
in.) of soil capable of supporting indigenous vegetation. The
top 15 cm (6 inches) of this cover shall be topsoil.
NOTE: Final cover designs using different thicknesses and
permeabilities may be used provided the facility
owner/operator can demonstrate that they will provide
equivalent prevention of infiltration of water, control of
sublimination or evaporation of harmful pollutants into the
air, and erosion prevention. The facility owner/operator
must also demonstrate that the final cover will support
vegetation and provide an aesthetically acceptable finished
site.
(2) Where trees or other deep-rooted vegetation are to be
planted on the completed fill, the cover shall be at least 1
meter (3 feet) of compacted soil which will support the intended
deep rooted vegetation.
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NOTE: Soil thickness for deep-rooted vegetation may be
less than 1 meter (3 feet) provided the facility
owner/operator can demonstrate that the roots of the
vegetation will not penetrate the 6 inch clay cover.
(3) The final grade shall not exceed 33' percent. Where final
grades exceed 15 percent, they shall have at least one
horizontal terrace 3 meters (10 feet) or more in width con-
structed on the slope for each 6.5 meter (20 feet) rise in ele-
vation of the slope. The gradient of the .terrace shall be 1-15
percent.
NOTE: The final grade may be of different design and slope
provided the facility owner/operator can demonstrate that
water will not pool over the landfill and that erosion will
be prevented.
(d) Post-Closure
(4) During post-closure care, which shall continue at the
facility for a period not to exceed 20 years (see 250.43-8), the
following minimum maintainance shall be conducted:
(i) soil integrity, slope, vegetative cover, diversion
and drainage structures shall be maintained,
(ii) samples shall be collected from monitoring wells and
leachate collection/detection systems annually and
analyzed comprehensively as specified in 250.43-9(c)
(7),
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(iii) survey bench marks shall be maintained.
NOTE: The facility owner/operator may request that the Re-
gional Administrator conduct a hearing to determine which
post-closure operations, if any, may be discontinued ear-
lier than 20 years after closure. The facility
owner/operator shall bring forth evidence that such post-
closure care need not continue.
(iv) Access to the facility shall be restricted in ac-
cordance with its intended use.
(5) No buildings shall be constructed over landfills where
radioactive wastes as defined in Subpart A have been disposed.
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250.45-3 Surface Impoundments
(a) Site Selection
(1) Surface impoundments shall be located or designed, con-
structed and operated to prevent direct contact between the sur-
face impoundment and navigable water.
(2) Surface impoundments which have the potential to discharge
to an underground drinking water source shall be located or de-
signed and constructed such that the bottom of any liner system
or natural in-place soil barrier is at least 1.5 m (5 feet)
above the historical mean level of the water table.
NOTE: The bottom of any liner system or natural in-place
soil barrier may be located less than 1.5 m (5 feet) above
the historical mean water table, provided the facility
owner/operator can demonstrate that no direct contact will
occur between the impoundment and the water table.
(3) Surface impoundments shall be at least 140 m (500 feet)
from any functioning public or private water supply or livestock
water supply.
NOTE: Surface impoundments may be located less than 150 m
(500 feet) from any functioning public or private water
supply, or livestock water supply provided the facility
owner/operator can demonstrate that the groundwater human
health and environmental standard (250.42-1), and the sur-
face water human health and environmental standard
(250.42-2) will not be violated.
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(4) Surface impoundments shall be located or designed, con-
structed and operated, to prevent landslides, slumping, and ero-
sion.
(b) Wastes Suitable for Surface Impoundments
(1) Surface impoundments shall not be used to contain waste
which is:
(i) detrimental to materials being used as barriers to the
waste movement from the impoundment;
(ii) highly reactive, as defined in Subpart A;
(iii) explosive;
(iv) ignitable, i.e., those having a flash point less than
60 C; or
(v) volatile, i.e., those having a vapor pressure greater
than 78 mm Hg at 25 C.
(2) The hazardous wastes which contain incompatible chemical
groups, as listed in Annex 4, shall not be mixed together in
impoundments.
NOTE: Potentially incompatible wastes may be mixed in sur-
face impoundments for the purpose of treatment (i.e., neu-
tralization, precipitation of metal hydroxides, etc.),
provided the owner/operator can demonstrate that the wastes
will be handled in such a manner as to serve its intended
purpose without violating groundwater (250.42-1), surface
water (250.42-2), and air (250.42-3) human health and en-
vironmental standards.
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(3) All hazardous wastes shall be tested prior to disposition
in a surface impoundment to determine whether they will have any
detrimental effect (e.g., causing cracks, dissolution, de-
creasing mechanical strength, increasing permeability) on the
soils or lining materials used to prevent leakages from the sur-
face impoundment.
(c) Design and Construction
(1) Surface impoundments shall be designed and constructed so
as to be capable of preventing discharges to the groundwater and
navigable water-
NOTE: Surface impoundments may have such discharges,
provided that the facility owner/operator can demonstrate
that the discharges will not cause the groundwater
(250.42-1), and surface water (250.420-2) human health and
environmental standards to be violated.
(2) Where natural soil conditions allow, the following design-
shall be used for surface impoundments which have the potential
for the discharge to an underground drinking water source
There shall be along the bottom and sides of the surface
impoundment at least 3 m (10 feet) of natural, in-place soil
which meets the criteria in (c)(4). Leachate monitoring to de-
tect any discharge shall be conducted as specified in
250.43-9(b).
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NOTE: Facility owners/operators may use natural in-place
soil barriers of different thicknesses and different
permeabilities if they can demonstrate that equivalent
waste containment is achieved. However, under no cir-
cumstances shall the thickness be less than 1.5 m (5 feet)
or be of a permeability greater than 10~' cm/sec.
(3) For surface impoundments which have the potential to dis-
charge to an underground drinking water source and where natural
soil conditions do not allow use of the design in (c)(2), the
following design shall be used: a top liner, bottom liner, and
a leachate detection system. The top liner shall be constructed
of specific reconstituted natural clays which meet the criteria
in (c)(4), or artificial liners which meet the criteria in
(c)(5). The bottom liner shall be constructed of natural in-
place soils, or specific or reconstituted natural clays which
meet the criteria in (c)(4), and are at least 1.5 m (5 feet)
thick, or artificial liners which meet criteria in (c)(5). If
an artificial bottom liner is used, wastes shall be removed upon
closure of the surface impoundment. The leachate detection sys-
tem shall be a gravity flow drainage system installed between
the top and bottom liners, and shall be capable of detecting any
top liner failure. Provisions shall be made for pumping out the
leachate in the event of liner failure and for removal of nox-
ious gases from the system.
B-191
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NOTE: Facility owners/operators may use different designs
if they can demonstrate that equivalent waste containment
is achieved.
(4) Those soils classified under the Unified Soil Classifica-
tion System as CL, CH, and OH, (ASTM Standard D2487-69),
which meet the following minimum criteria, shall be used as
liners or barriers to the passage of wastes or leachate:
(i) Percent soil passing No. 200 sieve 30 ASTM Test
D1140,
(ii) Liquid limit 30, (ASTM Test D423),
(iii) Plasticity index 15, (ASTM Test D424),
(iv) pH of 7.0 or higher, (Annex 5),
(v) Permeability of 10~7 cm/sec, (ASTM Test D2434),
(vi) Permeability not adversely affected by the anti-
cipated wastes.
NOTE: Soil not meeting the above criteria may be used
provided that the facility owner/operator can demonstrate
that such soil will provide equivalent structural stabil-
ity, waste containment, and will not be adversely affected
by the anticipated wastes.
(5) Artificial liners (concrete, plastic, etc.) shall:
(i) be of adequate strength and thickness to insure
mechanical integrity and have a minimum thickness of
30 mils;
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(ii) be compatible with the anticipated waste;
(iii) have a permeability less than or equal to 10
cm/sec.;
(iv) have an expected service life 25 percent longer than
the expected time of facility usage, or comply with
usage specified in the landfill section;
(v) be placed on a stable base;
(vi) satisfactorily resist attack from ozone, ultraviolet
rays, soil bacteria, and fungus;
(vii) have ample weather resistance to withstand the
stress of freezing and thawing;
(viii) have adequate tensile strength to elongate suf-
ficiently and withstand the stress of installation
or use of machinery or equipment;
(ix) resist laceration, abrasion and puncture from any
matter that may be contained in the fluids it will"
hold;
(x) be of uniform thickness, free of thin spots, cracks,
tears, blisters, and foreign particles;
(xi) be easily repaired.
(6) All artificial liners in surface impoundments using
mechanical equipment for operation (e.g., sludge dredging, and
collecting, etc.) shall have a protection cover of selected
clean earth material (not less than 45 cm (18 inches)) placed
directly upon the liner to prevent its rupture.
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(7) All surface impoundments which have the potential to dis-
charge to an underground drinking water source shall have
groundwater monitoring systems (see 250.43-9).
(8) All surface impoundment dikes shall be designed and con-
structed in a manner that will preclude discharge of wastes from
the facility, both horizontally and vertically.
NOTE: Surface impoundments may have discharges, provided
that the facility owner/operator can demonstrate that the
discharges will not cause the groundwater (250.42-1) or
surface water (250.42-2) human health and environmental
standards to be violated.
(9) All earthen dikes at the facility shall be constructed of a
clay-rich soil with a permeability less than or equal to 1 x
10"'' cm/sec.
(10) All earthen dikes shall have an outside protective cover
(e.g., grass, shale, rock, etc.) to minimize erosion by wind and
water.
(d) Operation and Maintenance
(1) Surface impoundments shall be operated and maintained such
that discharges to the groundwater, navigable water and ambient
air do not occur.
NOTE: Surface impoundments may have discharges, provided
that the facility owner/operator can demonstrate that the
discharges will not cause the groundwater (250.42-1),
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surface water (250.42-2), and air (250.42-3) human health
and environmental standards to be violated.
(2) The freeboard maintained in surface impoundments shall be
adequate to contain rainfall from a 4-hour, 25-year storm, but
shall be no less than 60 cm (2 feet).
(3) Records shall be kept of the contents and location of each
surface impoundment. These records shall be handled as
specified in 250.43-6.
(4) The integrity of natural in-place soil barriers or the
liners installed in surface impoundments shall be maintained un-
til the closure of the impoundment. Surface impoundment liners
or in-place soil barriers shall be repaired immediately upon de-
tection of any failure which could result in contamination of a
UDWS or navigable water.
(5) Surface impoundments dikes shall be inspected daily, (as
specified under 250.43-7), for the purpose of detecting and cor-
recting any deterioration. Any maintenance or corrective action
necessary to restore the dike to its original condition shall be
accomplished expeditiously.
(6) Any system provided for the detection of liner failure, or
failure of natural in-place soil barriers, shall be inspected
daily (see 250.43-7) to insure that it is operating properly for
the purpose intended.
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(7) Upon final closure, all hazardous waste and hazardous waste
residuals shall be removed from surface impoundments which do
not meet the criteria for landfills as specified in 250.45-2 and
disposed of as required in Subparts B, C, and D. Those surface
impoundments which meet the criteria for landfills shall either
remove all waste and dispose of them as required in Subparts B,
C, and D, or treat the waste to render their solids contents to
greater than 20 percent, and close according to the requirements
for landfills as specified in 250.45-2. Additionally, the post-
closure and financial requirements for landfills apply.
(8) Emptied surface impoundments shall be filled in and seeded
with a suitable grass or ground cover crop.
250.45-4 Basins
(1) Basins shall be constructed of impermeable materials of
sufficient strength and thickness to ensure mechanical integrity
and to prevent the discharge of wastes to navigable water or
groundwater.
NOTE: Basins may have discharges, provided that the facil-
ity owner/operator can demonstrate that the discharge will
not cause the groundwater (250.42-1) and surface water
(250.42-2) human health and environmental standards to be
violated.
(2) Basins shall not be used to contain waste which is:
a) detrimental to the basins' construction materials;
B-196
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b) highly reactive, as defined in Subpart A;
c) explosive;
d) ignitable, i.e., those having a flash point less than
60 C;
e) volatile; i.e., those having a vapor pressure greater
than 78 mm Hg at 25 C;
(3) Hazardous wastes which contain incompatible chemical
groups, as listed in Annex 4, shall not be mixed together in
basins.
NOTE: Potentially incompatible wastes may be mixed in
basins for the purpose of treatment (i.e., neutralization,
precipitation of metal hydroxides, etc.), providing the
owner/operator can demonstrate that the wastes will be
handled in such a manner as to serve its intended purpose
without violating groundwater (250.42-1), surface water
(250.42-2), and air (250.42-3) human health and environ-
mental standards.
(4) All hazardous wastes shall be tested prior to disposition
in a basin to determine whether it will have any detrimental
effect (e.g., causing dissolution, corrosion, increased
permeability, decreased mechanical strength) on materials used
construction of such basins.
(5) The materials used for construction of basins shall be com-
patible with hazardous wastes and treatment chemicals under
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expected operating conditions (i.e., temperature, pressure,
etc.), or shall be protected by a liner compatible with such
waste or treatment conditions.
(6) Basins shall be monitored or inspected daily for leaks,
corrosion, cracks or other damages. Any damage detected shall
be repaired immediately.
(7) All basins which have the potential for discharge to under-
ground drinking water sources shall have groundwater monitoring
systems (see 250.43-9).
NOTE: Basins do not have to have groundwater monitoring
systems if the facility owner/operator can demonstrate that
a leak could be detected bv visual inspection or other
me ans.
(8) Upon final closure, all hazardous waste and hazardous waste
residues shall be removed from basins and disposed of as re-
quired in Subpart B, C, and D.
250.45-5 Landfarms
(a) Wastes not amenable to landfarming
(1) The following wastes shall not be landfarmed:
(i) wastes containing arsenic, boron, molybdenum and/or
selenium in concentrations greater than soil back-
ground conditions (reference 250.45-5(f)(1));
NOTE: Wastes containing arsenic, boron, molybdenum and/or
selenium in concentrations greater than soil background
B-198
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conditions may be landfarmed provided the facility
owner/operator can demonstrate that the above constituents
will not migrate a distance that exceeds three times the
depth of the zone of incorporation.
(ii) volatile wastes with a vapor pressure greater than
78 mm Hg at 25 C;
NOTE: Volatile wastes with a vapor pressure greater than
78 mm Hg at 25 C may be landfarmed provided the facility
owner/operator can demonstrate that the air human health
and environmental standard (250.42-3) will not be violated.
(iii) waste explosives;
(iv) ignitable wastes with a flashpoint less than 60°C.
(b) Incompatible wastes
(1) Landfarms shall be constructed and operated such that
potentially incompatible wastes (Annex 4) do not come in contact
with one another.
(c) Site Selection
(1) Landfarms shall be located, designed, constructed and oper-
ated, to prevent direct contact between the treated area and
navigable water.
(2) Landfarms shall be located, designed, constructed and oper-
ated, to prevent erosion, landslides, and slumping in the
treated area.
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(3) Landfarms which have a potential to discharge to under-
ground drinking water sources shall be located or designed, con-
structed and operated, such that the treated area is at least
1.5m (5 feet) above the historical mean water table.
NOTE: The treated area may be located less than 1.5m (5
feet) above the historical mean water table provided the
facility owner/operator can demonstrate that no direct con-
tact will occur between the treated area and the water
table.
(4) The treated area of a landfarm shall be at least 150m (500
feet) from any functioning public or private water supply or
livestock water supply.
NOTE: The treated area of a landfarm may be located less
than 150m (500 feet) from any functioning public or private
water supply or livestock water supply provided the facil-
ity owner/operator can demonstrate that the groundwater hu-
man health and environmental standard (250.42-1) and
surface water human health and environmental standard
(250.42-2) will not be violated.
(5) Landfarms shall be located in areas with fine grained soils
(i.e., more than half the soil constituents are less than 73
microns in size) of the following types, as defined by the Uni-
fed Soil Classification System (ASTM Standard D-2487-69):
OH - organic clays of medium to high plasticity;
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CH - inorganic clays of high plasticity, fat clays;
MH - inorganic silts micaceous or diatomaceous fine sandy
or silty soils, elastic silts;
CL - inorganic clays of low to medium plasticity, gravelly
clays, sandy clays, silty clays, lean clays;
OL - organic silts and organic silt-clays of low plas-
ticity.
NOTE: Landfarms may be located in areas with soil types
other than those specified above provided the facility
owner/operator can demonstrate that the alternative soil
types will prevent hazardous constituents from vertically
migrating a distance that exceeds three times the depth of
the zone of incorporation.
(6) Soil types listed in (c)(5) shall have the following
characteristics:
(i) liquid limit greater than 30, (ASTM test D423);
(ii) plasticity index greater than 15, (ASTM test D424);
NOTE: Soil types listed in (c)(5) may have a liquid limit
less than 30 and/or a plasticity index less than 15
provided the facility owner/operator can demonstrate that
the alternative soil types will prevent hazardous con-
stituents from vertically migrating a distance that exceeds
three times the depth of the zone of incorporation.
B-201
-------
(d) Site preparation
(1) Surface slope of landfarms shall be less than 5 percent to
prevent erosion in the treated area by wastes or surface run-
off, but greater than 0 percent to prevent wastes or water from
ponding or standing for periods that will cause the treated area
to become anaerobic.
NOTE: Surface slope of the landfarm may be greater than 5
percent provided the facility owner/operator can de-
monstrate that it will not cause erosion in the treated
area.
(2) Caves, wells (other than active monitoring wells) and other
direct connections to the subsurface environment within the
treated area of a landfarm or 30m (100 feet) thereof, shall be
sealed.
(3) Soil pH in the zone of incorporation shall be equal to or
greater than 6.5 (see Annex 5).
NOTE: Soil pH in the zone of incorporation may be less
than 6.5 provided the facility owner/operator can de-
monstrate that hazardous constituents, especially heavy
metals, will not vertically migrate a distance that exceeds
three times the depth of the zone of incorporation.
(e) Waste application and incorporation
(1) Waste application and incorporation practices shall prevent
the zone of incorporation from becoming anaerobic.
B-202
-------
(2) Wastes shall not be applied to the soil when it is
saturated with water.
NOTE: Wastes may be applied to the soil when it is
saturated with water provided the facility owner/operator
can demonstrate that the soil waste mixture will remain
aerobic.
(3) Waste shall not be applied to the soil when the soil tem-
perature is 0 C or less.
(4) The pH of the soil-waste mixture in the zone of incorpora-
tion shall be equal to or greater than 6.5, and maintained until
the time of facility closure.
NOTE: The pH of the soil-waste mixture in the zone of
incorporation may be less than 6.5 provided the facility
owner/operator can demonstrate that hazardous constituents,
especially heavy metals, will not vertically migrate a dis-
tance that exceeds three times the depth of the zone of
incorporation.
(5) Supplemental nitrogen and phosphorous added to the soil of
the treated area for the purpose of increasing the rate of waste
biodegradation shall not exceed the rates of application recom-
mended for agricultural purposes by the USDA, or the appropriate
State Department of Agriculture or Agricultural Extension Ser-
vice.
B-203
-------
(f) Soil monitoring
(1) Background soil conditions shall be determined by taking
one soil core per acre. The length of the soil core shall be
three times the depth of the zone of incorporation or 30 cm,
whichever is greater. The bottom one-third of the soil core
shall be analyzed for those hazardous constituents in the waste.
At new facilities, soil core shall be taken and analyzed prior
to beginning operation. At existing facilities, background soil
cores shall be taken and analyzed within six months after the
effective date of these regulations.
(2) Soil conditions in the treated area of a landfann shall be
determined by taking one soil core per acre semi-annually. The
length of the soil core shall be three times the depth of the
zone of incorporation or 30 cm, whichever is greater. The bot-
tom one-third of the soil core shall be analyzed for those
hazardous constituents known to be in the waste. There shall be
no statistically significant increase (i.e., as determined by
the Student's t single-tailed test at the 95 percent con-
fidence level), above background soil conditions, of hazardous
constituents in the bottom one-third of the soil core.
NOTE: Soil monitoring may be conducted by taking less than
one soil core per acre provided the facility owner/operator
can demonstrate that hazardous constituents, especially
heavy metals, will be detected before vertically migrating
B-204
-------
a distance that exceeds three times the depth of the zone
of incorporation.
(3) If soil monitoring shows that the concentration of a chemi-
cal species has increased above background levels in the bottom
one-third of the soil core and the increase is statistically
significant (i.e., as determined by the Student's t single-
tailed test at the 95 percent confidence level), the facility
owner/operator shall:
(i) notify the Regional Administrator within seven (7)
days;
(ii) determine the cause of the increase, e.g. , a design
failure, an improper operating procedure, etc.;
(iii) determine the extent of migration of the con-
taminants in the soil.
(g) Growth of food chain crops
(1) Food chain crops shall not be grown on the treated area of
a landfarm.
NOTE: Food chain crops may be grown on the treated area of
a landfarm provided the facility owner/operator can de-
monstrate :
(1) that the practice shall not result in the human con-
sumption of:
(i) arsenic, lead, or mercury;
(ii) food additives banned by the U.S. Food and Drug
Administration;
B-205
-------
(iii) substances listed in Section 250.13 (a)(4) of
Subpart A.
(2) compliance with Subtitle D, Section 257.3-5 (a)(l) and
(2), application to land used for the production of food
chain crops.
(h) Closure
(1) Landfarms shall be designed and operated such that by the
time of closure, food chain crops can be grown on the treated
area such that Standard 250.45-5(g), on human consumption, shall
not be violated.
250.45-6 Chemical, Physical and Biological Treatment Facilities
(a) Facilities shall be designed, constructed, operated and
maintained so as to serve their intended purpose without violat-
ing groundwater (250.42-1), surface water (250.42-2), and air
(250.42-3) human health and environmental standards.
(b) The materials used in construction of the treatment unit shall
be compatible with the hazardous waste and treatment chemicals
or reagents under expected operating conditions (e.g., tem-
perature, pressure, etc.).
(c) All hazardous wastes shall be analyzed prior to selection of a
treatment technique to determine:
(i) the proper feed rates of treatment chemicals or reagents;
(ii) the proper operating conditions (e.g., temperature, pres-
sure, flow rate, etc.);
B-206
-------
(iii) if the waste or reagents will have any detrimental effect
(e.g., causing corrosion problems, dissolution, saltings
or scalings etc.) on the materials used for construction;
(iv) if the waste contains any components or contaminants
which may interfere with the intended treatment process
(e.g., biological treatment, solidification, adsorption
process etc.) or decrease the effectiveness of the treat-
ment ;
(v) if the waste contains components or contaminants which
may cause the uncontrolled release of toxic gases or
fumes (e.g., I^S; HCN etc.) during the intended treat-
ment ;
(vi) if the waste contains components or contaminants which
may form highly toxic components with the treatment
chemicals or reagents (e.g., halogenated hydrocarbons,
etc.) during the intended treatment.
NOTE: The analyses of hazardous waste may be omitted
provided the facility owner/operator can demonstrate that
the information provided in the manifest is adequate to
satisfy the criteria listed in (i) to (vi) of (c) above, or
the facility owner/operator can supply information
documenting that the subject hazardous waste is similar to
that which has been previously treated at the facility.
B-207
-------
(d) Trial tests (bench scale, pilot plant scale, or other appro-
priate tests) shall be performed for each waste which is new
or significantly different than those previously treated to de-
termine treatment technique and operating conditions, and to
evaluate the effectiveness of the treatment process and conse-
quences of the proposed treatment.
(e) All treatment chemicals or reagents used in a treatment process
shall be stored so as to be in compliance with storage require-
ments under Section 250.44.
(f) The uncovered reaction vessels shall be sized to provide no less
than 60 cm (2 feet) freeboard, to prevent splashings or spillage
of hazardous waste during the treatment (e.g., neutralization,
precipitation, etc.).
(g) All facilities shall demonstrate the capability to handle the
hazardous wastes during facility or equipment breakdown or mal-
function. All facilities shall have the capacity for emergency
transfer of reactor contents, or emergency storage capacity.
(h) All continuous feed facilities shall be equipped with an auto-
matic waste feed cut-off or a by-pass system which is activated
when a malfunction in the treatment process occurs.
(i) Upon final closure, all hazardous waste and hazardous waste re-
siduals shall be removed from chemical, physical and biological
treatment facilities and disposed of as required in Subpart D.
B-208
-------
(j) Facilities which produce commercial products shall comply with
the requirements of Section 250.42-4.
250.45-7 Facilities Which Make Commercial Products From Hazardous
Waste
(a) General
(1) The standards in this section define the levels of treat-
ment of a hazardous waste necessary to render it "amenable for
recovery." A waste so treated shall not be subject to further
regulation under Subtitle C of RCRA.
(2) Any commercial product manufactured from a hazardous waste,
whose use constitutes disposal, for which there is no specific
commercial product standard shall be treated so as to be ren-
dered nonhazardous.
(3) Product standards promulgated under the Toxic Substances
Control Act (TSCA) for any products regulated in this section
shall supercede the standards in this section.
(b) Fuel Oil
(1) Fuel oil made from hazardous waste shall contain less than
8 ppm of lead.
(c) Soil Conditioning Products
(1) Soil conditioning products made from hazardous waste shall
not contain amounts of substances that, when applied at rates
recommended by the manufacturer, will cause the substance addi-
tion rates to be exceeded.
B-209
-------
Substance Addition Rates (in kg/ha/yr):
Arsenic 1.34
Cadmium 0.08
Lead 0.03
NOTE: Soil conditioning products made from hazardous waste
may contain amounts of substances that, when applied at
rates recommended by the manufacturer, will cause the sub-
stance addition rates to be exceeded, provided that the
facility owner/operator applies labels to packaged products
and supplies the recipients of bulk products with pamphlets
or similar literature that shall:
(1) state that the product is made from hazardous
waste and shall not be applied to food chain crops,
and,
(2) list the levels of arsenic, cadmium, and lead in
mg/kg on a dry weight basis.
(d) Chlorinated Cement Kiln Fuel
(Space reserved)
250.46 SPECIAL WASTE STANDARDS
250.46-1 Cement Kiln Dusts [Space Reserved]
250.46-2 Utility Wastes [Space Reserved]
250.46-3 Phosphate Rock Mining and Processing [Space Reserved]
250.46-4 Uranium Mining/Milling Waste [Space Reserved]
250.46-5 Other Mining Waste [Space Reserved]
B-210
-------
250.46-6 Oil Drilling Muds And Brines [Space Reserved]
B-211
-------
ANNEX 1
DRINKING WATER STANDARDS
Parameter
Maximum Level
A. Interim Primary
Arsenic
Barium
Cadmium
Chromium (VI)
Fluoride
Lead
Mercury
Nitrate (as N)
Selenium
Silver
Endrin
Lindane
Methoxychlor
Toxaphene
2,4-D
2,4,5-TP Silvex
Radium
Gross Alpha
Gross Beta
Turbidity
Coliform Bacteria
B. Secondary
(mg/1)
0.05
1.0
0.01
0.05
1.4-2.4
0.05
0.002
10
0.01
0.05
0.002
0.004
0.1
0.005
0.01
0.01
5 pCi/1
15 pCi/1
4 millirem/yr
1 TU
1/100 ml
Chloride
Copper
Foaming Agents
Hydrogen Sulfide
Iron
Manganese
Sulfate
TDS
Zinc
Color
Corrosivity
Odor
PH
(mg/1)
250
1
0.5
0.05
0.3
0.05
250
500
5
15 Color Units
Non-corrosive
3 Threshold Odor Number
B-212 6-5-8'5
-------
ANNEX 2
THRESHOLD LIMIT VALUES FOR CHEMICAL SUBSTANCES*
W
I
Substance
Abate
Acetaldehyde
Acetic acid
C Acetic anhydride
Acetone
Acetonitrile
Acetylene
Actylene dichlorlde, see
1 , 2-Dichloroethylene
Acetylene tetrabromide
Acrolein
Acrylamide - Skin
Acrylonitrile - Skin
Aldrin - Skin
Allyl alcohol - Skin
Allyl chloride
Allyl glycidyl ether
(ACE) - Skin
Allyl propyl disulfide
Alundum (Al.O )
4-Aminodiphenyl - Skin
2-Aminoethanol, see
Ethanolamlne
2-Aminopyridine
Ammonia
Ammonium
chloride-fume
Ammonium sulfamate
(Ammate)
n-Amyl acetate
sec-Amyl acetate
Aniline - Skin
Anisidine (o-
p-lsomers) - Skin
Antimony & Compounds
as Sb)
ppm
100
10
5
1,000
40
F
200
1
0.1
20
2
1
5
2
3
0.5
25
100
125
5
0.1
TWA 3
mg/m
10
180
25
20
2,400
70
790
14
0.25
0.3
45
0.25
5
3
22
12
E
Alb
6
2
18
10
10
525
650
19
0.5
(0.5)
Substance
ANTU (a-Naphthyl
thiourea)
Argon
Arsenic & compounds
(as As)
Arsine
Asbestos (all forms)
Asphalt (petroleum)
fumes
Azinphos methyl - Skin
Baygon (propoxur)
Barium (soluble
compounds)
Benzene - Skin
Benzidlne
production - Skin
p-Benzoquinone , see
Qulnone
Benzoyl peroxide
Benz(a)pyrene
Benzyl chloride
Beryllium
Blphenyl
Bismuth telluride
Bismuth telluride,
Se-doped
Borates, tetra, sodium
salts.
Anhydrous
Decahydrate
Pentahydrate
Boron oxide
Boron tribromide
C Boron trifluoride
Bromine
Bromine pentaf luoride
TWA 3
ppm mg/m
0.3
F
(0.5)
0.05 0.2
Ala
5
0.2
0.5
0.5
10, A2 30, A2
Alb
0.1 0.4
5
A2
1 5
0.002
0.2 1
10
5
1
5
1
10
1 10
1 3
0.1 0.7
0.1 0.7
Substance
Bromochlorome thane
Bromoform - Skin
Butadiene- (1,
3 butadiene 1
Butane
Butanethiol, see Butyl
mercaptan
2-Butanone
2-Butoxy ethanol (Butyl
Cellosolve) - Skin
n-Butyl acetate
sec-Butyl acetate
tert-Butyl acetate
C n-Butyl alcohol - Skin
sec-Butyl alcohol
tert-Butyl alcohol
C Butylamlne - Skin
C tert-Butyl chromate (as
CrOj) - Skin
n-Butyl glycidyl ether
(BGE)
n-Butyl lactate
Butyl mercaptan
p- tert-Butyl toluene
Cadmium, dust & salts
(as Cd)
C Cadmium oxide fume (as
Cd)
Calcium carbonate
Calcium arsenate (as As
Calcium cyanamide
Calcium hydroxide
Calcium oxide
Camphor, synthetic
Caprolactam
Dust
Vapor
TWA
ppm
200
0.5
,000
600
0.5
200
50
150
200
200
50
150
100
5
50
5
0.5
10
)
2
5
mg/m3
1,050
5
2,200
1,400
1.5
590
240
710
950
950
150
450
300
15
0.1
270
25
1.5
60
0.05
0.05
E
1
0.5
5
(5)
12
1
20
-------
ANNEX 2 (Continued)
THRESHOLD LIMIT VALUES FOR CHEMICAL SUBSTANCES*
Cd
N>
Substance
Captafol
(Dlfolatan) - Skin
Captan
Carbaryl (Sevin)
Carbofuran (Furadan)
Carbon black
Carbon dioxide
Carbon disulfide - Skin
Carbon monoxide
Carbon tetrabromide
Carbon
tetrachloride - Skin
Catechol (Pyrocatechol)
Cellulose (paper fiber)
Cesium hydroxide
Chlordane - Skin
Chlorinated
camphene - Skin
Chlorinated diphenyl
oxide
Chlorine
Chlorine dioxide
C Chlorine trlfluoride
C Chloroacetaldehyde
a-Chloroace t ophenone
(Phenacyl chloride)
Chlorobenzene
(Monochlorobenzene)
o-Chlorobenzylldene
malonoitrite - Skin
Chlorobromome thane
2-Chl oro-1 , 3-butadiene
see BChloroprene
Chlorodif luorome thane
Chlorodlphenyl (42%
Chlorine) - Skin
ppm
5,000
20
50
0.1
10
5
1
0.1
0.1
i
0.05
ii
3.05
200
25
1,000
TWA .j
mg/m
0.1
5
5
0.1
3.5
9,000
60
55
1.4
65
20
E
2
0.5
0.5
0.5
3
0.3
0.4
3
0.3
350
0.4
1,050
90
3,500
1
Substance
Chlorodiphenyl (54%
Chlorine) - Skin
l-Chloro,2.
3-epoxy-propane
(Epichlorhydrin)
2-Chloroethanol
(Ethylene
chlorohydrin)
Chloroethylene (Vinyl
chloride)
Chloroform
(Trichloromethane)
bis-Chloromethyl ether
1-Chloro-l-nitro-propane
Chloropicrin
8-Chloroprene - Skin
Chlorpyritos
(Dursban) - Skin
o-Chloroslyrene
o-Chlorotoluene - Skin
2-Chloro
6-(trichloromethyl
pyridine (H-Serve)
Chromates, certain
insoluble forms
Chromic acid and
Chromates (as Cr)
Chromium, Sol.
chromic, chromous
salts (as Cr)
Clopidol (Coyden)
Coal tar pitch volatiles
(see Partlculate
polycyclic aromatic
hydrocarbons)
ppm
5
1
Ale
(25)
0.001
20
0.1
25
50
50
TWA 3
mg/m
0.5
20
3
(120)
Ala
100
0.7
90
0.2
285
250
10
O.OSAla
0.05
0.5
10
Ala
Substance
Cobalt metal, dust and
fume
Copper fume
Dusts & Mists
Corundum (Al-0.,)
Cotton dust, raw
Crag herbicide
Cresol, all isomers -
Skin
Cro tonaldehyde
Crufomate
Cumene - Skin
Cyan amide
Cyanide, as CN - Skin
Cyanogen
Cyclohexane
Cyclohexanol
Cyclohexanone
Cyclohexene
Cyclohexylamine - Skin
Cyclopentadiene
2,4-D (2,4-Diphenoxy-
acetlc acid)
DDT (Dichlorodiphenyl
trlchloroethane)
DDVP, see Dichlorvos
Decaborane - Skin
Demeton - Skin
Diacetone alcohol
(4-hydroxy-4-methyl-
2-pentanone)
1,2-Diamlnoethane , see
Ethylenedlamine
Diazinon - Skin
Diazome thane
Diborane
ppm
5
2
50
10
300
50
50
300
10
75
0.1
0.05
0.01
50
10
0.2
0.1
TWA 3
mg/m
(0.1)
0.2
1
E
0.2
10
22
6
5
245
2
5
20
1,050
200
200
1,015
40
200
10
1
1
0.3
0.1
240
25
0.1
0.4
0.1
-------
ANNEX 2 (Continued)
THRESHOLD LIMIT VALUES FOR CHEMICAL SUBSTANCES'
W
I
Ui
Substance
1,2-Dibromoethane
(Ethylene dlbromode)
Skin
Dlbrom
2-N-Dihutylamlnoethanol
Skin
Dlbutyl phosphate
Dlbutyl phthalate
C Dichloracetylene
C o-Dlchlorobenzene
p-Diclilorobenzene
Dichlorobenzldine 0
Skin
Dlchlorod 1 f luorome thane
l,3-Dichloro-5
5-dimethyl hydantoin
1 , 1-Dlchloroethane
I ,2-Dichloroethane
1 ,2-Dichloroethylene
Dichloroethyl ether -
Skin
Dlchloromethane , see
Methylene chloride
Dichloromonofluoro-
methane
C 1,1-Dlchloro-l-
nl troethane
1 ,2-DIchloropropane ,
see Propylene
dlchloride
Dichlorotetraf luoro-
ethane
Dichlorvos (DDVP) -
Skin
Dlcrolophos (Bidrin) -
Skin
Dicyclopentadlene
ppo
-
20
-
2
1
0.1
50
75
1,000
—
280
50
200
5
200
(1.000)
10
75
1,000
0.1
5
TWA 3
mg/m
145
3
14
5
5
0.4
300
450
A2
4,950
0.2
820
200
790
30
720
(1,200)
60
350
7,000
1
0.25
30
Substance
Dicyclopentadlenyl iron
Dleldrln - Skin
Diethylamine
Diethylaminoethanol -
Skin
Diethylene triamine -
Skin
Dlethyl ether, see Ethyl
ether
Diethyl phthalate
Dif luorodibromome thane
C Diglycldyl ether (DGE)
Dihydroxybenzene, see
Hydroquinone
Diisobutyl ketone
Diisopropylamlne - Skin
Dimethoxymethane , see
Methylal
Dimethyl acetamlde -
Skin
Dimethylamlne
Dlmethylaminobenzene ,
see Xylidene
Dlmethylanlline
(N-Dlmethylaniline) -
Skin
Dimethylbenzene, see
Xylene
Dimethyl-1
2-dlbromo-2-dichloroethyl
phosphate, see Dibrom
Dimethylformamlde - Skin
2 ,6-Dimethylheptanone ,
see Diisobutyl ketone
1, 1-Dimethylhydrazine -
Skin
Dimethylphthalate
ppm
25
10
1
400
100
0.5
25
5
1,000
10
10
5
5
100
10
25
0.5
TWA 3
mg/m
10
0.25
75
50
4
1,200
5
860
2.8
2
150
20
3,100
35
18
25
25
435
3
30
150
1
5
Substance ppm
C Dimethyl sulfate -
Skin 0.5A2
Dinltrobenzene (all
isomers) - Skin 0.15
Dinitro-o-cresol -
Skin
3,5-Dinitro-o-toluamide
(Zoalene)
Dlnitrotoluene - Skin
Dioxane , tech grade -
Skin 50
Dloxathlon (Delnav)
Dlphenyl, see Blphenyl 0.2
Diphenylamine
Dlphenylme thane
dilsocyanate, see
Methylene bisphonyl
Isocyanate (MDI) 0.02
Dipropylene glycol
methyl ether - Skin 100
Diqual
Di-sec. octyl phthalate
(Dl-2-ethylhexyl-
phthalate)
Disulfuram
Disyston - Skin
2,6-Dltert.
butyl-p-cresol
Diuron
Dylonate
Emery
Endosulfan (Thiodan) -
Skin
Endrin - Skin
Epichlorhydrin - Skin 5
EPN - Skin
TWA 3
mg/m
0.5A2
1
0.2
5
1.5
180
0.2
1
10
0.2
600
0.5
5
2
0.1
10
10
0.1
E
0.1
0.1
20
0.5
-------
ANNEX 2 (Continued)
THRESHOLD LIMIT VALUES FOR CHEMICAL SUBSTANCES*
td
N>
Substance
1,2-Epoxypropane, see
Propylene oxide
2 , 3-Epoxy-l-propanol ,
see Glycidol
Ethane
Ethanethiol, see Ethyl
mercaptan
Ethanolamine
Ethion (Hiatate) - Skin
2-EthoxyethanoI - Skin
2-Ethoxyethyl acetate
(Cellosolve acetate) -
Skin
Ethyl acetate
Ethyl acrylate - Skin
Ethyl alcohol (Etlianol)
Ethylamine
Ethyl sec-amyl ketone
l,l-Methyl-3-
heptanones
Ethyl benzene
Ethyl bromide
Ethylbutyl ketone
(3 Heptanone)
Ethyl chloride
Ethyl ether
Ethyl formate
Ethyl roercaptan
Ethyl silicate
Ethy lene
C Ethylene chlorohydrin -
Skin
Ethylene diamine
Ethylene Dibromide, see
1 ,2-Dibromoethane
Ethylene dichloride, see
1 ,2-Dichloroethane
TWA
ppm
100
50
F
0.5
3
100
100
400
25
1.000
10
25
100
200
50
1,000
400
100
0.5
(100)
F
1
10
20
50
, 3
mg/m
240
150
1
6
0.4
370
540
1,400
100
1,900
18
130
435
890
230
2,600
1,200
300
1
(850)
3
25
145
200
Substance
Ethylene glycol
Partlculate
Vapor
C Ethylene glycol dinitrate
and or Nitroglycerin -
Skin
Ethylene glycol
monomethyl ether
acetate (Methyl
Cellosolve acetate) -
Skin
Ethylene oxide
Ethylenlmine - Skin
Ethylidene chloride, see
1 , 1-Dlchloroethane
C Ethylidene norbornene
N-Ethylmorpholine -
Skin
Fensulforhion (Dasanit)
Ferbara
Ferrovanadium dust
Fluoride (as F)
Fluorine
Fluorotrichlororae thane
C Formaldehyde
Formamide
Formic acid
Furfural - Skin
Furfuryl alcohol - Skin
Gasoline
Germanium tetrahydride
Glutalaldehyde , activated
or unactivated
Glycerin mist
Clycidol (2,3-Epoxy
1-propanol)
Glycol monoethyl ether
sec 2-Ethoxyethanol
ppm
100
0.2
25
50
0.5
200
5
20
1
1,000
2
20
5
5
5
0.2
50
100
TWA 3
mg/m
10
260
.
120
90
1
320
29
94
0.1
10
1
2.5
2
5,600
3
30
9
20
20
E2
0.6
(0.25)
E
150
370
Substance
Graphite (Synthetic)
Guthion - see
Azinphos methyl
Gypsum
Hafnium
Helium
Heptachlor - Skin
Heptane (n-Heptane)
Hexachlorocyclopenta-
diene
Hexachlorethane -
Skin
Hexachlomaphthalene -
Skin
Hexaf luoroacetone
Hexane (n-hexane)
2-Hexanone, see Methyl
butyl ketone - Skin
Hexone (Methyl isobutyl
ketone) - Skin
sec-Hexyl acetate
C Hexylene glycol
llydrazine - Skin
Hydrogen
Hydrogenated tephenyls
Hydrogen bromide
C Hydrogen chloride
Hydrogen cyanide -
Skin
Hydrogen fluoride
Hydrogen peroxide
Hydrogen sclenidc
Hydrogen sulfide
Hydroquinone
Indene
Indium & Compounds
(as In)
C Iodine
TWA
ppm
F
400
0.01
1
0.1
100
25
100
50
25
0.1
F
0.5
3
5
10
3
1
0.05
in
—
10
—
0.1
mg/m
E
0.2
E
0.5
0.5
1,600
0.11
10
0.2
0.7
360
100
410
300
125
0.1
5
10
7
11
2
1.4
0.2
15
2
45
0.1
1
-------
ANNEX 2 (Continued)
THRESHOLD LIMIT VALUES FOR CHEMICAL SUBSTANCES*
dd
1
NJ
r-1
••*J
Substance
lodof orm
Iron oxide fume
Iron pentacarbonyl
Iron salts, soluble (as
Fe)
Isoamyl acetate
Isoamyl alcohol
Isobutyl acetate
Isobutyl alcohol
C Isophorone
Isophorone
diisocyanate - Skin
Isopropyl acetate
Isopropyl alcohol - Skin
Isopropylamlne
Isopropyl ether
Isopropyl glycldyl ether
(ICE)
Kaolin
Ketene
Lead, inorg. , fumes &
dusts (as Pb)
Lead arsenate (as Pb)
Lead Chroraate (as Cr)
Limestone
Lindane - Skin
Lithium hydride
L.P.C. (Liquified
petroleum gas)
Magnesite
Magnesium oxide fume
Malathion - Skin
MaleLc anhydride
C Manganese &
Compounds (as Mn)
ppm
0.2
B3
0.01
100
100
150
50
5
0.01
250
400
5
250
50
0.5
—
1,000
—
—
0.25
TWA 3
mg/m
3
5
0.08
1
525
360
700
150
25
0.06
950
980
12
1,050
240
E
0.9
0.15
0.15
0.05A2
E
0.5
0.025
1,800
E
10
10
1
5
Substance
Manganese
cyclopentadlenyl
tricarbonyl (as Mn) -
Skin
Marble
Mercury (Alkyl
compounds) - Skin
as Hg
Mercury (all forms
except alkyl) as Hg
Mesityl oxide
Methane
Methanethiol, see Methyl
mercaptan
Methomyl (Lannate) -
Skin
Methoxychlor
2-Methoxyethanol -
Skin (Methyl
cellosolve)
Methyl acetate
Methyl acetylene
(propyne)
Methyl
acetylene-pro pad lene
mixture (MAPP)
Methyl acrylate - Skin
Methyl acrylonltrate -
Skin
Methylal
(dime thoxyme thane)
Methyl alcohol
(methanol) - Skin
Hethylamlne
Methyl amyl alcohol , see
Methyl isobutyl carbinol
TWA
ppm
0.001
—
25
P
0.5
25
200
mg/m
0.1
0.1
0.01
0.05
100
1
2.5
10
80
610
Substance
Methyl 2-cyanoacrylate
Methyl isoamyl ketone
Methyl n-amyl ketone
(2-Heptanone)
Methyl bromide - Skin
Methyl butyl ketone.
see 2-hexanone
Methyl cellosolve -
Skin, see 2-metho-
xyethanol
Methyl cellosolve
acetate - Skin, see
ethylene glycol mono-
methyl ether acetate
Methyl chloride
Methyl chloroform
Methylcyclohexene
Methylcyclohexanol
o-Methycyclohexanone -
Skin
Methylcyclopentadlenyl
TWA
ppm
2
100
100
15
25
25
25
100
350
400
50
50
. 3
mg/m
8
475
465
60
100
80
120
210
1,900
1,600
235
230
manganese tricarbonyl
1,000
1,000
10
1
1,000
200
10
25
1,650
1,800
35
3
3,000
260
12
100
(as Mn) - Skin
Methyl demeton - Skin
C Methylene blsphenyl
isocyanate (10)1)
Methylene chloride
(dlchlorome thane)
4,4-Methylene bis
(2-chloraniline) -
Skin 0.
C Methylene bis (4-
cyclohexyhsocyanate)
Methyl ethyl ketone
(MEK) , see 2-
Butanone
0.1
0.02
200
02A2
0.01
200
0.2
0.5
0.2
720
0.11
590
-------
ANNEX 2 (Continued)
THRESHOLD LIMIT VALUES FOR CHEMICAL SUBSTANCES*
I
rO
OO
Substance
C Methyl ethyl ketane
peroxide
Methyl formate
Methyl Iodide - Skin
Methyl Isobutyl carbine! -
Skin
Methyl isobutyl ketone.
see Hexone
Methyl isocyanate -
Skin
Methyl mercaptan
Methyl methacrylate
Methyl parathion - Skin
Methyl propyl ketone,
see 2-Pentanone
C Methyl silicate
C aMethyl styrene
Molybdenum (as Mo)
Soluble compounds
Insoluble compounds
Monocrotophos
(Azodrin)
Monomethyl aniline - Skin
C Monomethyl hydrazine
Skin
Morpholine - Skin
Naphthalene
0-Naphthylamine
Neon
Nickel carbonyl
Nickel metal
Nickel soluble
compound (as Ni).
Nicotine - Skin
Nitric acid
Nitric oxide
ppm
0.2
100
5
25
100
0.02
0.5
100
200
5
100
2
0.2
20
10
F
0.05
2
25
TWA 3
mg/m
1.5
250
28
100
410
0.05
1
410
0.2
700
30
480
5
10
0.25
9
0.35
70
50
Alb
0.35
1
0.1
0.5
5
30
Substance
p-Nitroaniline - Skin
Nitrobenzene - Skin
p-Nitrochlorobenzene -
Skin
4-Nitrodiphenyl
Nitroethane
C Nitrogen dioxide
Nitrogen trifluoride
Nitroglycerine - Skin
Nltromethane
1-Nitropropane
2-Nitropropane
Nitrosodimethylamlne
(dimethylnitrosomine)
Skin
Nitrotoluene - Skin
Nitrochloromethane,
see Chloropicrin)
Nonane
Octochloronaphthalene -
Skin
Octane
Oil mist
Osmium tetroxide
Oxalic acid
Oxygen difluoride
Ozone
Paraffin wax fume
Paraquat - Skin
Parathion - Skin
Particulate polycyclic
aromatic
hydrocarbons (PPAH)
as benzene solubles
Pentaborane
Pentachloronaphthalene
TWA
ppm
1
1
100
5
10
0.2
100
25
25
-
5
0.1
200
300
0.00002
0.05
0.1
0.005
. 3
mK/m
e
5
1
Alb
310
9
29
2
250
90
90
A2
30
0.7
1,050
0.1
1,450
5
0.002
1
0.1
0.2
2
(0.5)
0.1
0.2Ala
0.01
0.5
Substance
Pentachlorophenol - Skin
Pentaerythrltol
Pentane
2-Pentanone
Perchloroethylene - Skin
Perchloromethyl mercaptan
Perchloryl fluoride
Petroleum distillates
(naptha)
Phenol - Skin
Phenothiazlne - Skin
p-Phenylene diamine - Skin
Phenyl ether (vapor)
Phenyl ether-Diphenyl
mixture (vapor)
Phenylethylene, see
Styrene
Phenyl glycidyl ether (PGE)
Phenythydrazine - Skin
C Phenylphosphine
Phorate (Thimel) - Skin
Phosdrin (Mevinphos) -
Skin
Phosgene (carbonyl
chloride)
Phosphine
Phosphoric acid
Phosphorus (yellow)
Phosphorus pentachloride
Phosphorus pentasulfide
Phosphorus trichloride
Phthalic anhydride
m-Phthalodlni trite
Plctoram (Tordon)
Picric acid - Skin
Pival (2-Pivalyl-l, 3-
indandione)
TWA
Ppm
600
200
100
0.1
3
B3
5
1
1
100
10
5
0.05
0.01
0.10
0.3
0.5
1
mg/m
0.5
E
1,800
700
670
o.n
14
19
5
0.1
7
7
420
60
22
0.25
0.05
0.1
0.4
0.4
1
0.1
1
1
3
6
5
10
0.1
0.1
-------
ANNEX 2 (Continued)
THRESHOLD LIMIT VALUES FOR CHEMICAL SUBSTANCES*
10
Substance
Plaster of Paris
Platinum (Soluble salts)
as Pt
Polychlorobiphenyls , see
Chlorodiphenyls
Polytetraf luoroethylene
decomposition products
C Potassium hydroxide
Propane
3-Proprotactone
Propargyl alcohol - Skin
n-Propyl acetate
Propyl alcohol - Skin
n-Propyl nitrate
Propylene
Propylene dichloride (1,
2-Dichloropropane)
Propylene glycol
monometiiyl ether
Propylene imine - Skin
Propylene oxide
Propyne, see Methyl-
acetylene
Pyrethrum
Pyridine
Quinone
RDX - Skin
Resorcinol
Rhodium, Metal fume and
dusts (as Rh)
Soluble salts
Ronnel
Rosin core solder
pyrolysis products (as
formaldehyde)
Rocenone (commercial)
Rouge
TWA
ppm
F
1
200
200
25
F
75
100
2
100
1,000
5
0.1
10
—
—
—
—
. 3
mg/m
E
0.002
Bl
2
A2
2
810
500
110
350
360
5
240
1,650
5
15
0.4
1.5
45
0.1
0.001
10
0.1
5
E
Substance
Rubber solvent
Selenium compounds (as Se)
Selenium hexafluorlde
(as Se)
Sevln, see Carbaryl
Sllane, see Silicon
tetrahydrlde
Silicon
Silicon carbide
Silicon tetrahydrlde
(Silane)
Silver, metal and soluble
compounds, as Ag
C Sodium azide
Sodium f luoroacetate
(1080) - Skin
C Sodium hydroxide
Starch
Stlblne
Stoddard solvent
Strychnine
Styrene monomer
(Phenylethylene)
Succlnaldehyde, see
Clutaraldehyde
C Subtillslns (Proteolytlc
enzymes as 1003 pure
crystalline enzyme)
Sucrose
Sulfur dioxide
Sulfur hexafluoride
Sulfuric acid
Sulfur monochloride
Sulfur pentaf luoride
Sulfur tetraf luoride
Sulfuryl fluoride
Systox, see Demeton
ppm
400
0.05
0.5
0.5
0.1
:::
0.1
100
—
100
—
—
—
5
1,000
1
0.025
0.1
5
0.01
TWA 3
mg/m
1,600
0.2
0.4
5
7
E
E
0.7
0.01
0.3
0.05
2
E
0.5
575
0.15
420
(0.25)
0.00006
E
13
6,000
1
6
0.25
0.4
20
0.1
Substance
2, 4, 5-T
Tantalum
TEDP - Skin
Teflon decomposition
products
Tellurium
Tellurium hexalf luoride,
as Te
TEPP - Skin
C Terphenyls
l,l,l,2-Tetrachloro-2,
2— dif luoroe thane
1,1,2,2-Tetrachloro-l,
2-dif luoroethane
1,1,2
2-Tetrachloroethane -
Skin
Tetrachloroethylene, see
Perchloroethylene
Tetrachloromethane , see
Carbon tetrachloride
Tetrachloronaphthalene
Tetraethyl lead (as Pb) -
Skin
Tetrahydrofuran
Tetramethyl lead (as Pb) -
Skin
Tetramethyl
succinonitrile - Skin
Tet rani trome thane
Tetryl (2,4,
6-trinitrophenyl-
methylnitramine) - Skin
Thallium soluble
compounds (as Tl) - Skin
4,4-Thiobis (6-tert.
butyl-m-cresol)
ppm
0.02
0.004
1
500
500
5
100
10
200
0.5
1
mg/m3
10
5
0.2
Bl
0.1
0.2
0.05
9
4,170
35
670
65
2
0.100
590
0.150
3
8
1.5
O.I
10
-------
ANNEX 2 (Concluded)
THRESHOLD LIMIT VALUES FOR CHEMICAL SUBSTANCES*
w
N>
NJ
O
Substance
Thiram
Tin, inorganic
compounds except
SnH^ and Sn02 (as Sn)
Tin organic compounds
(as Sn) - Skin
Tin oxide
Titanium dioxide
Toluene (toluol) - Skin
C Toluene-2,
4-diisocyanate (TDI)
o-Toluidine
Toxaphene, see
Chlorinated camphene
Tributyl phosphate
1,1, 1-Trichloroethane
see Methylchloroform
1,1,2-Trichloroethane -
Skin
Trichloroethylene1
Trichloromethane, see
Chloroform
Trichloronaphthalene
1,2, 3-Tr ichloropropane
1,1,2-Trichloro 1,2,
2-trif luoroe thane
Triethylamine
Tr Icyclohexyltln
hydroxide (Plictran)
TWA
ppm
100
0.02
5
——
350
10
100
(25)
50
1,000
25
mg/m
5
2
0.1
E
E
375
0.14
22
0.5
5
1,900
45
535
(120)
5
300
7,600
100
5
Substance
Trif luoromonobromo-
methane
Trlmethyl benzene
2,4, 6-Trinltrophenol ,
see Picric acid
2 ,4 ,6-Trinltrophenyl-
methylnltramine, see
Tetryl
Trinitrotoluene (TNT) -
Skin
Trlorthocresyl phosphate
Trlphenyl phosphate
Tungsten & compounds,
as U
Soluble
Insoluble
Turpentine
Uranium (natural)
soluble and insoluble
compounds, as U
Vanadium (V,0.) , as V
C Dust
Fume
Vinyl acetate
Vinyl benezene, see
Styrene
Vinyl bromide
Vinyl chloride
ppm
1,000
25
100
10
100
(250)
(200)
TWA ,
mg/m
6,100
120
0.1
1.5
(1.5)
0.1
3
1
5
560
0.2
0.5
0.05
30
420
(1,100)
(510)
Substance
Vinyl cyanide, see
Acrylonitrite
Vinyl cyclohexene
dioxide
Vinylidene chloride
Vinyl toluene
Warfarin
Welding fumes (Total
particulate)
Wood dust
(nonallergenic)
Xylene (o-m-
p-isomers) - Skin
C m-Xylene
Xylidene - Skin
Yt trium
Zinc chloride fume
Zinc chroma te (as Cr)
Zinc oxide fume
Zinc stearate
Zirconium compounds
(as Zr)
TWA 3
ppm mg/m
20 45
10 60
10 40
100 480
0.1
5B3
___ C
100 435
0.1
5 25
1
1
0.05A2
e
£
* Published by the American Conference of
Governmental Industrial Hygienists.
-------
ANNEX 3
POMM *»••
OM9 MO.
TSDF (TREATMENT, STORAGE OR DISPOSAL FACILITIES) REPORT
lOSMTIHCATlOl*
NAM«
C3OC
C^SSiNO 3A73
WASTS IJ«?OP»»*TV3M
SVIJkMTITT
C3.VWCHTJ
/ csrtiiy that tha abov* iniorssation is corrsct to tss iesr of ay
a&li
-------
ANNEX 4
INCOMPATIBLE WASTES
Many wastes, when mixed with others at a hazardous waste facil-
ity, can potentially produce adverse human health and environmental
effects through means such as the following: (1) heat generation,
(2) violent reaction, (3) release of toxic fumes and gases as result
of mixing, (4) release of toxic substances in case of fire or explo-
sion, (5) fire or explosion, and (6) generation of flammable or toxic
gases.
Below is a summary list of potentially incompatible waste mater-
ials/waste components and the adverse consequences resulting from
mixing of wastes in one group with those in another group.
List of Potentially Incompatible Wastes
The mixing of a Group A waste with a Group B waste may have the
potential consequence as noted.
Group 1-A Group 1-B
Acetylene sludge Acid sludge
Alkaline caustic liquids Acid and water
Alkaline cleaner Battery acid
Alkaline corrosive liquids Chemical cleaners
Alkaline corrosive battery fluid Electrolyte, acid
Caustic wastewater Etching acid liquid or solvent
Lime sludge and other corrosive Liquid cleaning compounds
alkalies Pickling liquor and other corrosive
Lime wastewater acids
Lime and water Sludge acid
Spent caustic Spent acid
Spent mixed acid
Spent sulfuric acid
Potential consequences: Heat generation, violent reaction.
B-222
-------
Group 2-A Group 2-B
Asbestos waste and other toxic Cleaning solvents
wastes Data processing liquid
Beryllium wastes Obsolete explosives
Unrinsed pesticide containers Petroleum waste
Waste pesticides Refinery waste
Retrograde explosives
Solvents
Waste oil and other flammable and
explosive wastes
Potential consequences: Release of toxic substances in case of fire
or explosion.
Group 3-A Group 3-B
Aluminum Any waste in Group 1-A or 1-B
Beryllium
Calcium
Lithium
Magnesium
Potassium
Sodium
Zinc powder and other reactive
metals and metal hydrides
Potential consequences: Fire or explosion; generation of flammable
hydrogen gas.
Group 4-A Group 4-B
Alcohols Any concentrated waste in Groups
Water 1-A or 1-B
Calcium
Lithium
Metal hydrides
Potassium
Sodium
S02C12, SOC12, PC13,
CH3SiCl3, and other water-
reactive wastes
Potential consequences: Fire, explosion, or heat generation;
generation of flammable or toxic gases.
B-223
-------
Group 5-A Group 5-B
Alcohols Concentrated Group 1-A or 1-B
Aldehydes wastes
Halogenated hydrocarbons Group 3-A wastes
Nitrated hydrocarbons and other
reactive organic compounds
and solvents
Unsaturated hydrocarbons
Potential consequences: Fire, explosion or violent reaction.
Group 6-A Group 6-B
Spent cyanide and sulfide Group 1-B wastes
solutions
Potential consequences: Generation of toxic hydrogen cyanide or
hydrogen sulfide gas.
Group 7-A Group 7-B
Chlorates and other strong Acetic acid and other organic acids
oxidizers Concentrated mineral acids
Chlorine Group 2-B wastes
Chlorites Group 3-A wastes
Chromic acid Group 5-A wastes and other
Hypochlorites flammable and combustible wastes
Nitrates
Nitric acid, fuming
Perchlorates
Permanganates
Peroxides
Potential consequences: Fire, explosion, or violent reaction.
SOURCE: "Law, regulations and guidelines for handling of hazardous
waste," California Department of Health, February 1975.
B-224
-------
ANNEX 5
METHODS FOR DETERMINING SOIL pH
A. Method for Soil pH in Water (For Non-Calcareous Soils)
To 20 g. of soil in a 50-ml. beaker, add 20 ml. of distilled
water, and stir the suspension several times during the next 30
minutes. Let the soil suspension stand for about 1 hour to allow
most of the suspended clay to settle out from the suspension. Adjust
the position of the electrodes in the clamps of the electrode holder
so that, upon lowering the electrodes into the beaker, the glass
electrode will be immersed well into the partly settled suspension,
and the calomel electrode will be immersed just deep enough into the
clear supernatant solution to establish a good electrical contact
through the ground-glass joint or the fiber-capillary hole. Then
insert the electrodes into the partly settled suspension as indicated
above, measure the pH, and report the results as "soil pH measured in
water."
B. Method for Soil pH in 0.01m CaCl2 Solution (For Calcareous
Soils)
Reagents
1. Stock calcium chloride solution (CaC^) 3.6M: Dissolve
1,059 g. of CaCl2 * 21^0 in distilled water in a
2-liter volumetric flask. Cool the solution, dilute it to
volume with distilled water, and mix it well. Dilute 20 ml.
of this solution to 1 liter with distilled water in a
volumetric flask, and standardize it by titrating a 25 ml.
B-225
-------
aliquot of the diluted solution with standard 0.1N AgNC>3,
using 1 ml. of 5 percent ^CrO^ as the indicator.
2. Calcium chloride (CaC^) 0.01M: Dilute 50 ml. of stock
3.6M CaCl2 to 18 liters with distilled water. If the pH
of this solution is not between 5 and 6.5, adjust the pH by
addition of a little Ca(OH)2 or HCL. As a check on the
preparation of this solution, measure its electrical con-
ductivity. The specific conductivity should be 2.32 = 0.08
mmho. per cm. at 25°C.
Procedure
To 10 g. of soil in a 50-ml. beaker, add 20 ml. of 0.01M CaCl2
solution, and stir the suspension several times during the next 30
minutes. Let the soil suspension stand for about 30 minutes to allow
most of the suspended clay to settle out from the suspension. Adjust
the position of the electrodes in the clamps of the electrode holder
so that, upon lowering the electrodes into the beaker, the glass
electrode will be immersed well into the partly settled suspension
and the calomel electrode will be immersed just deep enough into the
clear supernatant solution to establish a good electrical contact
through the ground-glass joint or the fiber-capillary hole. Then
insert the electrodes into the partly settled suspension as indicated
above, measure the pH, and report the results as "soil pH measured in
0.01M CaCl2."
Source: "Methods of Soil Analysis." Part II Chemical and Microbio-
logical Properties. C.A. Black, Ed. (American Society of
Agronomy, 1965.)
B-226
-------
SUBPART E - PERMIT SYSTEM FOR FACILITIES WHICH TREAT, STORE OR
DISPOSE OF HAZARDOUS WASTE
250.60 Scope and Purpose
250.61 Definitions
250.62 Permit Provisions
250.62-1 Conditions of Permits
250.62-2 Modification of Permits
250.62-3 Revocation of Permits
250.62-4 Schedule of Compliance in Permits
250.62-5 Duration of Permits
250.62-6 Experimental Special Permit
250.62-7 Hospital-Medical Care Facility
Special Permit
250.62-8 Publicly Owned Treatment Works
Special Permit
250.62-9 Special Permit for Ocean Dumping
Barge or Vessel
250.63 Application for a Permit
250.63-1 Distribution of Application
250.63-2 Public Access and Confidential
Information
250.64 Formulation of Tentative Determinations and Draft
Permit
250.64-1 Public Notice of Tentative Determination
250.65 Request for Public Hearing and Notice of
Public Hearing
250.65-1 Submission of Oral or Written Comments at Hearing
•B-227 .
-------
250.65-2 Hearing Officer
250.65-3 Panel Hearing
250.65-4 Opportunity for Cross-Examination
250.65-5 Recommended Decision
250.66 Administration Record
250.67 Emergency Action
250.68 Computation of Time
B-228
-------
250.60 SCOPE AND PURPOSE
(a) These regulations apply to persons owning or operating facili-
ties which treat, store, or dispose of hazardous waste. Upon the
effective date of these regulations, no treatment, storage, or
disposal of hazardous waste or operators of such facilities have
applied for a permit as provided in this subpart.
(b) These regulations describe the requirements that must be
satisfied before a permit is issued to the owner or operator of a
facility which treats, stores, or disposes of hazardous waste, and
the procedures for modification or revocation of such permits.
250.61 DEFINITIONS
For the purpose of this subpart, all terms not herein defined
shall have the meaning given by the Act.
(a) The term "Act" means the Solid Waste Dispsoal Act as
amended by the Resource Conservation and Recovery Act of 1976, Public
law 94-580, 42 U.S.C. 6901, et seq.
(b) The term "Administrator" means the administrator of the
Environmental Protection Agency.
(c) The term "applicant" means an applicant for a hazardous
waste management facility permit under Section 3005 of the Solid
Waste Disposal Act as amended by the Resource Conservation and
Recovery Act of 1976.
(d) The term "application, Part A" means that part of the
application form which shall be completed by an applicant to
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furnish the information required for a facility to qualify for
interim status under Section 3005(e) of RCRA.
(e) The term "application, Part B" means that part of the
application form which shall be completed by an applicant to furnish
the information required to process the full application.
(f) The term "disposal" means the discharge, deposit, injec-
tion, dumping, spilling, leaking, or placing of any hazardous waste
into or on any land or water so that such hazardous waste or any con-
stituent thereof may enter the environment or be emitted into the air
or discharged into any waters, including groundwaters.
(g) The term "disposal facility" means any facility which dis-
poses of hazardous waste*
(h) The term "Federal agency" means any department, agency, or
other instrumentality of the Federal Government, any independent
agency or establishment of the Federal Government including any
government corporation, and the Government Printing Office.
(i) The term "final closure" means the measures which must be
taken by an owner or operator of a facility when he or she determines
that hazardous waste will no longer be accepted for treatment, stor-
age, or disposal on the entire facility.
(j) The term "generator" means any person or Federal agency
whose act or process produces hazardous waste (as defined or listed
under Subpart A of this Part); provided, however, a person or Federal
agency who produces and disposes of no more than 100 kilograms
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(approximately 220 pounds) per month of non-radioactive or non-
special chemical hazardous waste (as listed under Subpart A of this
Part) is not a generator.
(k) The term "groundwater" means water beneath the land surface
in the saturated zone.
(1) The term "hazardous waste" means a solid waste, or com-
bination of solid wastes, which because of its quantity, concentra-
tion, or physical, chemical, or infectious characteristics may:
(1) Cause, or significantly contribute to an increase in
serious irreversible, or incapacitating reversible, illness; or
(2) Pose a substantial present or potential hazard to
human health or the environment when improperly treated, stored,
transported, disposed of, or otherwise managed.
(m) The term "hazardous waste management" means the systematic
control of the collection, source separation, storage, transporta-
tion, processing, treatment, recovery, and disposal of hazardous
waste.
(n) The term "hazardous waste management facility" ('HWMF
facility1 or 'facility') means any land and appurtenances thereto
used for the treatment, storage, and/or disposal of hazardous waste.
(o) The term "hazardous waste management facility permit"
('HWMF permit1 or 'permit') means a permit issued under the Act and
these regulations for the construction or operation of a facility
that treats, stores, or disposes of hazardous waste.
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(p) The term "incompatible waste" means a waste unsuitable for
commingling with another waste or material, where the commingling
might result in: (1) extreme heat or pressure generation, (2) fire,
(3) explosion or violent reaction, (4) formation of substances that
are shock-sensitive, friction-sensitive, or otherwise have the poten-
tial of reacting violently, (5) formation of toxic dusts, mists,
fumes, gases, or other chemicals, and (6) volatilization of ignitable
or toxic chemicals due to heat generation, in such a manner that the
likelihood of contamination of groundwater, or escape of the sub-
stances into the environment, is increased.
(q) The term "in existence" applies to facilities which were in
operation or under physical construction, or for which market
studies, preliminary planning, feasibility studies or design
engineering activities had been contracted for or conducted, or for
which land had been obtained, or optioned on date of enactment of the
Act (October 21, 1976); provided such facilities are under physical"
construction, or in operation upon promulgation of this subpart.
(r) The term "in operation" applies to facilities actively
treating, storing, or disposing of hazardous waste.
(s) The term "leachate" means the liquid that has percolated
through or drained from hazardous waste or other man-emplaced
materials from which it removes soluble, partially soluble, or
immiscible components.
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(t) The term "long term care" means the manner in which a
facility must be maintained after it no longer accepts hazardous
waste for treatment, storage or disposal.
(u) The term "manifest" means the form used for identifying the
quantity, composition, and the origin, routing, and destination of
hazardous waste during its transportation from the point of genera-
tion to the point of disposal, treatment, or storage.
(v) The term "monitoring" means all procedures used to sys-
tematically inspect and collect data on operational parameters of
facilities or on the quality of the air, groundwater, or surface
water.
(w) The term "municipality" means (Da city, town, borough,
county, parish, district, or other public body created by or pursuant
to state law, with responsibility for the planning or administration
of solid waste management, or an Indian tribe or authorized tribal
organization of Alaskan native village or organization, and includes
(2) any rural community or unincorporated town or village or any
other public entity for which an application for assistance is made
by a state or political subdivision thereof.
(x) The term "one hundred year flood" means a flood that has a
one percent or one in 100 chance of recurring in any year, or a flood
of magnitude equalled or exceeded once in 100 years on the average
over a significantly long period. In any given 100-year interval,
such a flood may not occur, or more than one such flood may occur.
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(y) The term "owner or operator" means a person owning the land
on which a facility is located or the authorized agent of the owner,
or a person who is responsible for the overall operation of the
facility.
(z) The term "person" means an individual, trust, firm, joint
stock company, corporation (including a government corporation),
partnership, association, state, municipality, commission, political
subdivision of a state, interstate body or Federal agency.
(aa) The term "physical construction" means excavation, move-
ment of earth, erection of forms or structures, the purchase of
equipment, or any other activity involving the actual preparation of
the facility to treat, store, or dispose of hazardous waste.
(bb) The term "Regional Administrator" means the Administrator
of the regional office of the Environmental Protection Agency region
in which the facility concerned is located, or his designee.
(cc) The term "storage" means the containment of hazardous
waste, either on a temporary basis or for a period of years, in such
a manner as not to constitute disposal of such hazardous waste.
(dd) The term "storage facility" means any facility which
stores hazardous waste, except generators who store their own hazard-
ous waste for less than 90 days for subsequent transport off-site.
(ee) The term "storage tank" means any manufactured nonportable
covered device used for containing pumpable hazardous waste.
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(ff) The term "surface impoundment" means any natural depres-
sion or excavated and/or diked areas built into or upon the land,
which are fixed, uncovered, and lined with soil or a synthetic mater-
ial, and are used for treating, storing, or disposing wastes.
Examples include holding ponds and aeration ponds.
(gg) The term "treatment" means any method, technique, or pro-
cess, including neutralization, designed to change the physical,
chemical, or biological character or composition of any hazardous
waste so as to neutralize such waste or so as to render such waste
nonhazardous, safer for transport, amenable for recovery, amenable
for storage or reduced in volume. Such term includes any activity or
processing designed to change the physical form or chemical com-
position of hazardous waste so as to render it nonhazardous.
(hh) The term "treatment facility" means any facility which
treats hazardous waste.
250.62 PERMIT PROVISIONS
(a) General. (1) No existing facility may treat, store, or
dispose of hazardous waste 180 days after the promulgation of these
regulations unless the owner or operator of the facility has applied
for a permit as provided in section 250.63(a) of this subpart.
(2) No construction of a new facility shall commence prior
to acquisition of a permit. After issuance, all construction shall
be in accordance with the requirements of such permit.
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(3) No modification of a facility in existence shall com-
mence without a permit issued in accordance with this subpart. After
issuance, all modifications shall be in accordance with the require-
ments of such permit.
(4) No new facility shall commence treatment, storage, or
disposal of hazardous waste until construction of such facility is
complete and:
(A) The owner or operator has submitted to the Agency
a certified letter signed by the owner or operator and the licensed
engineer in the state where the facility is located, who designed the
facility, stating clearly that construction of the facility has com-
plied with the permit; and
(B) the Agency has inspected the facility and such
inspection reveals compliance with the terms of the permit provided
that the Agency has notified the owner or operator, within five (5)
days of receipt of such letter, of its intent to inspect.
(b) General application requirements. A person who is required
to apply for a permit shall comply with the procedural and informa-
tional requirements of section 250.63 unless otherwise specified in
sections 250.62-6, 250.62-7, 250.62-8, and 250.62-9.
(c) Conditions for separate processes. In permits issued under
the Act and these regulations, the Regional Administrator may impose
specific conditions for separate processes or operations in the
facility.
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250.62-1 Conditions of Permits
In addition to the permit requirements of these regulations, the
Regional Administrator shall insure that the terms of all permits
issued specifically include the following:
(a) Operation and maintenance. All approved procedures of
operation and maintenance are consistent with the requirements of
these regulations, the Act, and the standards in Subpart D.
(b) Modification. A permit may be modified only as provided in
section 250.62-2.
(c) Revocation. A permit may be revoked only as provided in
section 250.62-3 and section 3008(b) of the Act.
(d) Violation of Act and permit. The operation and maintenance
of a facility in violation of the terms of the permit shall con-
stitute a violation of the permit and the Act.
(e) Monitoring, recordkeeping and reporting. Failure to main-
tain monitoring, recordkeeping, and reporting requirements in com-"
pliance with the permit and the standards in Subpart D, shall
constitute a violation of the terms of the permit and the Act.
(f) Inspections. Under section 3007 of the Act, the permittee,
upon request of the Regional Administrator or his authorized
representative, shall furnish all records concerning the hazardous
waste treated, stored, or disposed of at the facility. In addition,
the permittee shall allow the Regional Administrator or his repre-
sentative, upon the presentation of his credentials, at all
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reasonable times, to inspect the facility and have access to and copy
all records concerning the hazardous waste treated, stored, or dis-
posed of at the facility.
(g) Operation of control systems. The permittee shall at all
times maintain in good working order and operate as efficiently as
possible any facilities or systems of control installed or used by
the permittee to achieve compliance with the terms of the permit.
(h) Changed hazardous waste characteristics, lists or
standards. If the characteristics or lists for defining a hazardous
waste in Subpart A are changed from the characteristics or lists
applied in the permit, or the applicable standards in Subpart D are
changed, the Regional Administrator shall modify the permit in
accordance with the changed hazardous waste characteristics, lists,-
standard or prohibition and so notify the permittee.
(i) Contingency plan. A contingency plan, approved by the
Regional Administrator, which outlines emergency or remedial actions
necessary, including but not limited to, contacting appropriate
persons and agencies for each waste in the event of spillage, leak-
age, or other emergency situation, shall be in effect at all times.
(j) Financial responsibility. Failure to maintain financial
responsibility for continuity of operation and ownership, for claims
arising as a result of operation of the facility, and for facility
closure and post-closure maintenance, as required in the permit and
standards in Subpart D, shall constitute a violation of the terms of
the permit.
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250.62-2 Modification of Permits.
(a) When a permit may be modified. Any proposed expansion or
modification of a facility, increases in the volume of hazardous
waste to be treated, stored or disposed of, or any changes in the
type of hazardous waste to be treated, stored, or disposed of must be
immediately reported to the Regional Administrator for a determina-
tion of whether the existing permit must be modified. The Regional
Administrator shall require that all relevant information concerning
the proposed expansion, modification or changed conditions be sub-
mitted and a determination of whether the permit should be modified
shall be made for good cause including a consideration of whether:
(1) The operation of the facility will be substantially
affected and new conditions of operation and maintenance will be
required; or
(2) The threat to the public health or environment will be
materially increased.
(b) Compliance schedules for modifications. Any modification
of a permit shall include a schedule of compliance which satisfies
the requirements of section 250.62-4.
250.62-3 Revocation of Permits.
(a) When a permit will be revoked. In addition to all other
enforcement and administrative remedies available, the Regional
Administrator may, pursuant to Section 3008(b) of the Act, revoke
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a permit, in whole or in part, during its own term for cause,
including:
(1) Violation of any term of the permit, applicable
regulations, or the Act;
(2) Misrepresentation or an inaccurate description of any
material fact in the permit application, or failure to disclose all
relevant facts in the permit application; or
(3) Other good cause for the revocation.
250.62-4 Schedule of Compliance in Permits.
(a) Time for Compliance. For any facility which is not in com-
pliance with applicable regulations and the Act, the permittee shall
take specific steps to achieve compliance within the shortest reason-
able period of time and subject to the procedural requirements of
this regulation.
(b) Compliance schedules in permits. All schedules of com-
pliance shall be set forth in permits as follows:
(1) For any schedule of compliance which exceeds 6 months,
the schedule shall set forth interim requirements and the dates for
their achievement. In no event, however, shall more than six months
elapse between interim dates, nor more than three years elapse from
the date of the original compliance schedule to the final date of
compliance. If the time necessary is more than six months and is not
readily divided into stages for completion, interim dates shall be
specified for the submission of progress reports toward completion of
the interim requirement.
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(2) Not later than 14 days following each interim date and
the final date of compliance, the permittee shall provide the
Regional Administrator with written notice of the permittee's com-
pliance or noncompliance with the interim or final requirements.
250.62-5 Duration of Permits.
Except as provided in section 250.62-6 a permit shall be issued
for the projected life of a facility.
250.62-6 Experimental Special Permit.
(a) Who may receive a permit. The Regional Administrator may
grant a HWMF experimental special permit to a person who is engaged
in technology advancing activities which are intended to improve the
state-of-the-art for hazardous waste treatment, storage, or disposal.
(b) Application. An applicant for a HWMF experimental special
permit shall submit that portion of the information specified in sec-
tion 250.63(h) that is relevant to the technology involved and the
applicable Subpart D standards. In reviewing the application, the
Regional Administrator may direct that the application be given
priority review.
(c) Termination. If a HWMF experimental special permit is
granted, the Regional Administrator shall set a specific date for its
termination.
250.62-7 Hospital-Medical Care Facility Special Permit.
(a) Who may receive a permit. A person who owns or operates a
hospital or medical care facility which treats or stores hazardous
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waste may apply for a HWMF hospital-medical care facility special
permit if the following conditions are satisfied:
(1) The hospital or medical care facility is licensed
under a state licensing law which provides for the review and
approval of a program for the storage, sterilization, incineration,
or treatment of all hazardous waste generated;
(2) The state licensing law provides for the enforcement
of that program;
(3) If incineration is used, the incinerator is operated
under the terms and conditions of a permit issued under applicable
state law; and,
(4) The person owning or operating the facility submits a
certification of compliance with this section signed by the appro-
priate state licensing official.
(b) Application. Instead of the comprehensive application
requirements of section 250.63(h) an applicant for a HWMF hospital-
medical care facility special permit shall submit the following
information:
(1) The name and address of the facility.
(2) The information described in section 250.63(h)A(2) and
250.62(h)B(5).
(3) A detailed hazardous waste maintenance and control
plan, which shall include but not be limited to: (i) a description
of how hazardous waste will be stored or treated within the facility;
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(ii) how access to or contact with the hazardous waste will be con-
trolled; and (iii) a plan for segregation of incompatible waste.
250.62-8 Publicly Owned Treatment Works Special Permit.
(a) Who must obtain a permit. A person who owns or operates a
Publicly Owned Treatment Works (POTW) facility that accepts for
treatment hazardous waste transported to the facility by truck or
rail, under a manifest required by Subpart B, must obtain a HWMF/POTW
special permit. However, no facility shall be eligible for a special
permit if the hazardous waste accepted for treatment does not meet
all of the pretreatment standards established under Section 307 of
the Clean Water Act of 1977.
(b) Application. An applicant for a HWMF/POTW special permit
shall submit that portion of Part A of the application described in
section 250.63(h)A(2), and shall comply only with the reporting and
recordkeeping requirements of Subpart D.
250.62-9 Special Permit for Ocean Dumping Barge or Vessel.
(a) Who must obtain a permit. A person who owns or operates a
barge or other vessel that accepts hazardous waste, delivered
directly to the barge or vessel under a manifest required by subpart
B, must obtain a HWMF/Ocean Dumping Facility Special Permit. For
purposes of these regulations, the barge or other vessel is con-
sidered a "facility." The Regional Administrator may grant a
HWMF/Ocean Dumping Facility Special Permit only to a person who has
obtained a valid ocean dumping permit under conditions specified in
regulations published under 40 CFR Parts 220-227.
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(b) Application. An applicant for a HWMF/Ocean Dumping Facil-
ity Special Permit shall submit that portion of Part A of the
application described in Section 250.63(h) A(2), and shall comply
only with the reporting and recordkeeping requirements of Subpart D.
250.63 APPLICATION FOR A PERMIT
(a) Facilities in existence. Any person who owns or operates a
facility for the treatment, storage, or disposal of hazardous waste
which is in existence, as defined in Section 250.61(q) of this sub-
part, shall apply for a HWMF permit within six months after the date
upon which these regulations are promulgated. No treatment, storage
or disposal of hazardous waste at the facility may occur after such
date unless such application has been received. To satisfy the
application deadline of this subsection, and to qualify for interim
status under section 3005(e) of the Act, an applicant shall submit
only the information required in Part A of the application (Sub-
section (h)A of this Section). A date for submittal of Part B of -the
application shall be established by the Regional Administrator at a
later date. Failure to submit Part B of the application by the date
established by the Regional Administrator shall constitute an
immediate loss of interim status.
(b) Owners or operators. The owner or operator of a hazardous
waste management facility, or the authorized agent of either, must
submit and sign an application for a permit as required by this
regulation. An unsigned or improperly signed application shall be
considered incomplete.
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(c) Applications by corporations, partnerships and governmental
entities. An application submitted by a corporation must be signed
by a principal executive officer of at least the level of vice presi-
dent, or his authorized representative, if that representative is
responsible for the overall operation of the facility. In the case
of a partnership or a sole proprietorship, the application must be
signed by a general partner or the proprietor respectively. In the
case of a municipal, state, Federal or other public facility, the
application must be signed by either a principal executive officer,
appropriate elected official, or other duly authorized employee. An
unsigned or improperly signed application shall be considered
incomplete.
(d) Engineering, hydrologic and geologic information. All
application information and plans for the design of a facility shall
be certified by a professional engineer licensed to practice in the
state where the facility is or will be located. All information con-
cerning hydrology and geology shall be certified by a professional in
the discipline. In each instance, the engineer, hydrologist and
geologist certifying the information shall list all relevant
educational qualifications and professional licenses. An uncertified
or improperly certified application shall be considered incomplete.
(e) Applications for new facilities. Any person proposing to
construct a new facility for the treatment, storage, or disposal of
hazardous waste shall apply for a HWMF permit a reasonable time
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before physical construction is anticipated to commence. Both Part A
and Part B of the application must be submitted before Agency evalua-
tion begins. Physical construction of a new facility may not begin
until a final permit has been issued as provided in these
regulations.
(f) Complete applications. All applications submitted to the
Regional Administrator shall provide all information required by the
application form and such other information as the Regional Adminis-
trator requests. Within 30 days of receipt of an application the
Regional Administrator shall determine if the application is com-
plete and shall notify the applicant, in writing, of such determi-
nation. If the Regional Administrator determines the application is
not complete within 30 days, the Regional Administrator shall return
the application to the applicant specifically stating what informa-
tion must be provided to render the application complete. An
application shall not be considered as submitted to the Regional
Administrator until it is in complete form.
(g) Application forms and copies submitted. An applicant for a
HWMF permit may obtain the required forms and directions for prepar-
ing an application from the Regional Administrator. An original and
two copies of the application shall be submitted to the Regional
Administrator.
(h) Specific application information. Unless otherwise
specifically provided in sections 250.62-6, 250.62-7, 250.62-8, and
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250.62-9, the application for a HWMF permit shall include all
relevant information concerning compliance with the standards in
subpart D, including, but not limited to, the following:
A. Part A of the Application
(1) A description of the boundaries of the facility, including
a topographic map of the area for a distance of one mile (1.6 km)
beyond the boundaries of the facility. The topographic map submitted
shall have a scale of one inch (2.5 cm) equal to not more than 500
feet (145 m) and have a contour interval not greater than 20 feet
(5.9 m). The map shall also indicate the location of facility
structures and all known or recorded wells, springs, and surface
water bodies located within the area covered by the map.
(2) A detailed description of:
(i) the hazardous waste to be handled at the facility by
its Department of Transportation (DOT) proper shipping name (49 CFR
172), or by the EPA name (as identified or listed in subpart A) if-
the DOT proper shipping name is not applicable. However, if the DOT
proper shipping name "NOT OTHERWISE SPECIFIED" (NOS) is used, the EPA
name (as identified or listed in Subpart A) must be included.
(ii) the hazard class of each waste as identified or listed
under the DOT hazard class (49 CFR 172) or by the EPA characteristics
(as identified in subpart A) if the DOT hazard class is not applica-
ble. However, if the DOT proper shipping name "OTHER REGULATED
MATERIAL" (ORM) is used, the EPA characteristic (as identified in
Subpart A) must be included.
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(iii) the annual quantity of each hazardous waste to be
treated, stored, or disposed of;
(iv) the units of volume or weight, for each quantity in
either the metric or the English system;
(v) how the hazardous waste is to be treated, stored, or
disposed of at the facility; and
(vi) copies of drawings and specifications for the facil-
ity, if available.
B. Part B of the Application
(1) A master plan for the facility which shall include a
detailed description of:
(i) any structures, buildings, equipment or machinery to
be used at the facility including site preparation plans, design
plans, and specifications for treatment, storage or disposal
facilities;
(ii) a detailed plan of operation and maintenance, in-
cluding operating conditions, projected hours of operation, security
and access control, plans for covering and compaction, plans for
controlling odor and air pollution, plans for vector control, and
other related items;
(iii) the life of the facility based on the projected use
and the expansion potential and plans for the facility after final
closure;
(iv) the steps that will be taken to control leachate
production at the facility, including the period after closure;
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(v) the contingency plan for emergency situations, inclu-
ding the procedures, equipment, and facilities to be used, a listing
of the fire departments, ambulance services, hospitals, and other
emergency services that will serve the facility and the response
time, the person responsible for implementing the contingency plan,
the on-site plan for fire control, and other related information;
(vi) the plan for final closure of the facility, including
the estimated cost of final closure, post closure expenses, proposed
future uses of the facility, and proposals for controlling access;
(vii) the plan for long-term care of the facility after
final closure for disposal operations;
(viii) the plan for visual inspections of facility conditions
and for monitoring air and water pollution, including the period
after final closure; and
(ix) the plan for segregation of incompatible wastes and
how wastes will be placed or located within the treatment, storage,
or disposal facility
(2) A detailed description of site geology and the area within
one thousand feet (290 m) of the boundaries of the facility, inclu-
ding a description of physiography, drainage patterns and divides,
soil depth and types including chemical and physical properties; a
detailed description of the geologic column including intrusive
bodies, folds, fractures, faults, joints, and fracture traces. Where
access to adjacent properties for obtaining geological data may be
limited, data available from public sources may be substituted.
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(3) For disposal facilities and surface impoundment facilities,
a detailed description of the site hydrology and the area within one
thousand feet (290 m) of the boundaries of the facility, including
known or recorded springs, depth to ground water, thickness, extent,
characteristics of aquifers, perched water zones, aquitards and
aquicludes, porosity and permeability of soils, direction and rate of
flow of ground water, recharge and discharge areas, distance to sur-
face water, location of public, livestock, and private water sup-
plies, background quality of groundwater as specified in Subpart D,
and other related items. Where access to adjacent properties for
obtaining hydrological data may be limited, data available from
public sources may be substituted.
(4) A description of the climate in the area, including average
annual rainfall, average annual evapotranspiration rates, average
annual wind speed, prevailing wind direction, and other factors that
may affect water or air pollution.
(5) A listing of the qualifications of the persons responsible
for the operation of the facility, including education, training, and
work experiences, and a description of the training program to be
used to prepare persons to operate and maintain the facility in a
safe, environmentally adequate manner.
(6) A listing of the applicant's performance bonds, insurance
carriers and policies, or other instruments which constitute con-
tinued financial responsibility in accordance with standards in Sub-
part D.
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(7) The Regional Administrator may waive any of the application
requirements in Part B of the application if he or she determines
that the information is not needed to establish compliance with the
standards in Subpart D. A request for a waiver of Part B application
information shall be submitted in writing by the applicant and shall
state why the information is not needed to determine compliance with
the standards in Subpart D. The Administrator shall grant or deny
the waiver request in writing, including a statement of the reasons
for the decision, within thirty (30) days.
250.63—1 Distribution of Application.
(a) Distribution. After receiving a complete application for a
permit (Part A and Part B), as provided in these regulations, the
Regional Administrator shall make available a copy of the application
form to each of the following:
(1) the appropriate state agency in the state where the
proposed hazardous waste management facility will be located;
(2) the chief executive or legislative officer of any
municipality within a 10 mile (16 km) radius of the proposed
facility; and
(3) the public library serving the location of the
facility.
(b) Summary of Application and Public Notice. In addition to
the requirements of subsection (a) of this section, the Regional
Administrator shall prepare a summary of the application for
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distribution to the persons listed in subsection (a) of this section
and other interested persons. A public notice announcing availabil-
ity of the summary shall be circulated using the procedures described
under section 250.64-l(a). The summary shall state where complete
copies of the application are available for inspection, the person in
the regional office who can be contacted about the application, and
that comments may be submitted to EPA on the content of the appli-
cation, the adequacy of the information submitted, the approval, or
disapproval of the permit, possible permit conditions, and other
related matters during the period of permit review by EPA. The sum-
mary shall also state that following the issuance of a tentative
determination on the permit application as provided in section 250.64
of these regulations, all interested persons will be given an oppor-
tunity to comment on the tentative determination.
(c) Reasonable charge for reproducing applications. If an
interested person requests a complete copy of the application, the'
Regional Administrator may assess a reasonable charge for copying and
distributing the application.
250.63-2 Public Access and Confidential Information.
Any information concerning an application for a permit shall be
available to any person to the extent and in the manner authorized by
section 3007(b) of the Act, the Freedom of Information Act, 5 U.S.C.
552, and the EPA confidential regulations in Part 2, Subpart B of
this Title.
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250.64 FORMULATION OF TENTATIVE DETERMINATIONS AND DRAFT PERMIT
(a) Content. The regional staff shall formulate and prepare
tentative determinations with respect to each permit in advance of
public notice of the proposed issuance, denial or modification of the
permit. The tentative determination on a permit application shall
include at least the following:
(1) A tentative determination to issue, deny or modify a
permit for the facility described in the application;
(2) A statement of the reasons for the tentative determi-
nation to issue, deny, or modify the permit, including an explanation
of the factual, legal, methodological and policy issues considered in
reaching the tentative determination and how they were resolved;
(3) A summary of any request for a waiver of application
information submitted and granted in accordance with section
250.63(h)(7); and
(4) If the determination made in subsection (a)(l) of this
section is to issue or modify the permit, the following tentative
conditions shall be included:
(i) proposed conditions concerning the construction,
modification, operation, and maintenance of the facility;
(ii) the proposed control, monitoring, recordkeeping
and reporting requirements that will be applicable to the proposed
facility; and
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(iii) a brief description of any other proposed con-
ditions required to satisfy the provisions of the Act and these
regulations.
(b) Basis for tentative determination. The tentative determi-
nation shall be accompanied by a listing of all materials considered
by EPA in developing the tentative determination. Copies of all
materials shall be included in the administrative record under
section 250.66, except that published material which is generally
available may be cited instead.
(c) Draft permit. The regional staff shall organize the ten-
tative determination prepared pursuant to subsection (a) of this sec-
tion into a draft permit.
250.64-1 Public Notice of Tentative Determination.
(a) Public Notice. Public notices of tentative determination
to issue, deny, or modify a permit shall be circulated in a manner
designed to inform interested and potentially interested persons of
such tentative determination. Procedures for circulation of public
notice shall include but not necessarily be limited to the following:
(1) posting notice in the post office and public places of
the municipality in which the applicant is located; and
(2) publication in a daily newspaper of general cir-
culation in the municipality in which the applicant is located.
(b) Individual notice. Individual notice of such tentative
determination shall be mailed to the applicant by certified mail,
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return receipt requested, to the persons listed in section 250.63-1,
and to persons who have submitted a request for individual notice in
compliance with the requirements of subsection (c) of this section.
(c) Request for individual notice. EPA shall mail notice of
its tentative determination to issue, deny, or modify a permit to any
person upon request. A request shall be submitted to the Regional
Administrator in writing, stating that the request is for individual
notice of tentative determination to issue, deny, or modify any
permit under section 3005 of the Act, and describing the notice or
types of notices desired (e.g., all notices, notices for a particular
region, notices for a particular state, or notice for a particular
municipality).
(d) Form of notice. The notice of a tentative determination
distributed under subsections (a), (b) and (c) of this section shall
include, in addition to any other materials, the following:
(1) A summary of the information contained in the
application;
(2) The tentative determination prepared under section
250.64;
(3) A brief description of the procedures set forth in
section 250.65 for requesting a public hearing, including a statement
that a request for a public hearing must be filed within 30 days of
the date of the notice;
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(4) A statement that written comments on the tentative
determination submitted to EPA within 60 days of the date of notice
will be considered by EPA in making a final decision on the
application;
(5) The location of the administrative record and the
location at which interested persons may obtain further information
concerning the tentative determination, including a copy of the
application, and any studies relating to the tentative determination;
and
(6) Such additional statements, representation, or
information as the Regional Administrator considers necessary or
proper.
250.65 REQUEST FOR PUBLIC HEARING AND NOTICE OF PUBLIC HEARING
(a) Request for public hearing. Within thirty (30) days of the
date of publication or mailing of the notice required by section
250.64-1, any person may request the Regional Administrator to hold a
public hearing on the tentative determination by submitting a written
request containing the following:
(1) Identification of the person requesting the hearing
and the persons interest in the proceeding;
(2) A statement of any objections to the tentative
determination; and
(3) A statement of the issues which the person requesting
a hearing proposes to raise for consideration at such hearing.
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(b) Grant or denial of hearing — notification. Whenever (1) a
written request satisfying the requirements of subsection (a) of this
section has been received and presents genuine issues, or (2) the
Regional Administrator determines in his/her discretion that a public
hearing is necessary or appropriate, the Regional Administrator shall
give written notice of his or her determination to each person
requesting a hearing and the applicant, and shall provide public
notice of his or her determination in accordance with sections
250.64-l(a) or (b). If the Regional Administrator determines that a
request filed under subsection (a) of this section does not comply
with the requirements of subsection (a) or does not present genuine
issues, he or she shall give written notice of his or her
determination to the person requesting the hearing.
(c) Form of notice of hearing. A notice of hearing issued
under subsection (b) of this section shall contain:
(1) A statement of the time and place of the hearing;
(2) The information required by paragraphs (d) (1) and (d)
(2) of section 250.64-1;
(3) A statement identifying the place at which the
administrative record on the tentative determination is located, the
hours during which the office will be open for public inspection, and
the documents contained in the record as of the date of the notice of
hearing;
(4) The name, address, and office telephone number of the
Record and Hearing Clerk for the hearing; and
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(5) A statement indicating that any person may be
represented by counsel in any hearings and proceedings under the
provisions of these regulations.
(d) Effect of denial or absence of request for hearing. If no
request for a hearing is made under this section, or if all such
requests are denied under subsection (b) of this section, the
tentative determination issued under section 250.64 shall be
considered a recommended decision issued under section 250.65-5,
except that for purposes of section 250.65-5, the term "hearing
participant" or "person who participated in the hearing" shall be
constructed to mean the applicant and any person who submitted
written comments.
250.65-1 Submission of Oral or Written Comments at a Hearing.
(a) Right to comment. Any person shall be permitted to submit
oral or written statements and data concerning a permit at a public
hearing except as otherwise provided in these regulations.
(b) Reply comments. No later than 15 days after the close of
the hearing, or at a date specified in the hearing notice, each per-
son who participated in the public hearing may file with the Record
and Hearing Clerk comments, on the following:
(1) Written comments submitted by persons in response to
section 250.63-1;
(2) Written comments submitted in response to the notice
specified in sections 250.64-1 and 250.65;
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(3) Material in the hearing record; and
(4) Material which was not and could not reasonably have
been available prior to the deadline for submission of comments under
subsection (a) of this section.
(c) Form of comments. All written comments shall be submitted
in quadruplicate and shall include any affidavits, studies, tests or
other materials relied upon for making any factual statements in the
comments.
250.65-2 Hearing Officer.
(a) Assignment of Hearing Officer. Upon granting a request for
hearing under Section 250.65, the Regional Administrator shall
appoint as Hearing Officer an EPA employee having special expertise
in the areas related to the issues to be addressed at the hearing.
(b) Powers and duties of Hearing Officer. It shall be the duty
of the Hearing Officer to conduct a fair and impartial hearing,
assure that the facts are fully elicited, and avoid delay. Between
the time a Hearing Officer is assigned and the time a decision is
issued, the Hearing Officer shall have authority to:
(1) Chair and conduct administrative hearings held under
these regulations;
(2) Administer oaths and affirmations;
(3) Receive relevant evidence, provided that the
administrative record, as defined in section 250.66, shall be
received in evidence;
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(4) Consider and rule upon motions, dispose of procedural
requests, and issue all necessary orders;
(5) Hold conferences for the purpose of settling or
simplifying the issues or expediting the proceedings; and
(6) Perform all other acts and take all action necessary
for the maintenance of order and for the efficient, fair and impar-
tial conduct of proceedings under these regulations.
250.65-3 Panel Hearing.
(a) Composition of hearing panel. A Hearing Officer shall pre-
side at the hearing held under these regulations. An EPA panel shall
also take part in the hearing. The membership of the panel shall
consist of EPA employees having special expertise in areas related to
the issues to be addressed at the hearing.
(b) Additional hearing participants. Either prior to the com-
mencement of the hearing or during the hearing, the Hearing Officer
may request that a person not then scheduled to participate in the-
hearing (including an EPA employee or a person identified by any
scheduled hearing participant as having knowledge concerning the
issues raised for discussion at the hearing) make a presentation or
make himself available for discussion at the hearing.
(c) Questioning of hearing participants. The Hearing Officer
and panel members may question any person participating in the hear-
ing. Persons in the hearing audience, including other hearing
participants, may submit written questions to the Hearing Officer
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for the Hearing Office to ask the participants. The Hearing Officer
may, in his discretion, ask the questions or indicate that the
questions will not be asked because they are not relevant or are
repetitious.
(d) Submission of additional material. Participants in the
hearing shall submit for the hearing record any additional material
that the Hearing Officer may request within 15 days after the close
of the hearing, or such other period of time as may be ordered by the
Hearing Officer. Participants may also submit additional information
for the hearing record on their own accord within 15 days after the
close of the hearing.
(e) Transcript. A verbatim transcript shall be made of the
hearing.
250.65-4 Opportunity for Cross-Examination.
(a) Request for cross-examination. After the close of the
panel hearing, any participant in the hearing may submit a written-
request for cross-examination. The request shall be submitted to the
Hearing Officer within 10 days after a full transcript of the hearing
becomes available and shall specify:
(1) The disputed issues of material fact for which cross-
examination is requested. The participant shall explain why the
questions at issue are factual, rather than of an analytical or
policy nature, the extent to which they are in dispute based on the
record, and why the issues are material to the decision on the per-
mi t; and
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(2) The persons the participant desires to cross-examine
and an estimate of the time necessary. The request shall include a
statement as to why cross-examination of the witness in question may
elicit information not previously discussed.
(b) Order granting or denying request for cross-examination.
As expeditiously as practicable after receipt of all requests for
cross-examination under subsection (a) of this section, the Hearing
Officer shall issue an order either granting or denying each request,
which shall be disseminated to all persons requesting cross-
examination and all persons to be cross-examined. If any request for
cross-examination is granted, the order shall specify:
(1) The issues as to which cross-examination is granted;
(2) The persons to be cross-examined on each issue;
(3) The persons allowed to conduct cross-examination; and
(4) The date, time and place of the supplementary hearing
at which cross-examination shall take place.
(c) Supplementary hearing. The Hearing Officer and at least
one member of the original hearing panel shall preside at the sup-
plementary hearing. During the course of the hearing, the Hearing
Officer shall have authority to modify any order issued under sub-
section (b) of this section. A verbatim transcript shall be made of
this hearing.
(d) Alternatives to cross-examination.
(1) No later than the time set for requesting cross-
examination, a hearing participant may request that alternative
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methods of clarifying the record (such as the submittal of additional
written information) be used in lieu of or in addition to cross-
examination. The Hearing Officer shall issue an order granting or
denying each request at the time he issues an order under subsection
(b) of this section. If the request is granted, the order shall
specify the alternative to be used and any other relevant information
(e.g., the due date for submitting written information).
(2) In passing on any request for cross-examination sub-
mitted under subsection (a) of this section, the Hearing Officer may,
as a precondition to ruling on the merits of a request, require that
alternative means of clarifying the record be used whether or not a
request to do so has been made under the preceding subsection. The
person requesting cross-examination shall have 10 days to comment on
the results of using alternative methods, following which the Hearing
Officer shall issue an order granting or denying a person's request
for cross-examination.
250.65-5 Recommended Decision.
(a) Preparation of decision. The Regional Administrator shall
designate the Hearing Officer or an EPA employee who has been a
member of the hearing panel to evaluate the record of the hearing,
and prepare and file a recommended decision with the Record and Hear-
ing Clerk. This decision shall contain findings of fact, conclusions
regarding all material issues of law, fact or discretion, and a
recommendation as to whether the permit should be issued, denied,
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or modified in whole or in part. After the recommended decision has
been filed, the Hearing and Record Clerk shall serve a copy of the
recommended decision on each hearing participant and the Regional
Administrator.
(b) Effect of recommended decision. The recommended decision
shall become the final decision of the Regional Administrator within
30 days after service by the Hearing and Record Clerk.
250.66 ADMINISTRATIVE RECORD
(a) Establishment of record.
(1) Upon receipt of an application for a permit or permit
modification, an administrative record for that application shall be
established, and a Record and Hearing Clerk appointed to supervise
the filing of documents in the record and to carry out all other
duties assigned by these regulations.
(2) All material in the record shall be appropriately
indexed and available for public inspection during regular EPA busi-
ness hours. The Record and Hearing Clerk shall make appropriate
arrangements to allow members of the public to copy record materials.
All material required to be included in the record shall be added to
the record as soon as feasible after receipt by EPA.
(b) Record for issuing tentative determination. The
administrative record for issuing the tentative determination
required by section 250.64 shall consist of the application for a
permit or permit modification (plus attachments), the draft permit,
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comments received as a result of the notice issued under section
250.63-1, an application information waiver request made or granted
in accordance with section 250.63(h)(7), and any other material sup-
porting the tentative determination which are cited or discussed in
the tentative determination.
(c) Record for acting on requests for cross-exammination. The
administrative record for acting on requests for cross-examination
under section 250.65-4 shall consist of the record for issuing the
tentative determination, all comments timely submitted under sections
250.63-1 and 250.65-1, the transcript of the hearing, and any addi-
tional material timely submitted under section 250.65-4.
(d) Record for preparation of recommended decision. The
administrative record for preparation of the recommended decision
required by section 250.65-5 shall consist of the record for acting
on requests for cross-examination, the transcript of any supple-
mentary hearing held under section 250.65-4(c), and any materials -
timely submitted in lieu of or in addition to cross-examination under
section 250.65-4(d).
(e) Record for issuance of final decision.
(1) Where no hearing has been held, the administrative
record for issuance of the Regional Administrator's final decision
shall consist of the record for issuing the tentative determination,
any comments timely submitted under section 250.64-1, and any other
information which the Regional Administrator considers relevant and
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which has been identified on or prior to the date of issuance of the
final decision.
250.67. EMERGENCY ACTION
Notwithstanding any other provision of these regulations, the
Regional Administrator may, under emergency circumstances, issue
temporary written authorization to a permitted facility, not to
exceed ninety days in duration, to allow the treatment, storage or
disposal of hazardous waste not covered by the existing permit. Such
authorization shall clearly specify the wastes to be treated, stored,
or disposed, and the manner and location of such treatment, storage,
or disposal. The Regional Administrator may issue such a temporary
authorization only if he or she finds that there is available no
alternative and environmentally-preferable method of treatment, stor-
age or disposal. Such authorization shall not be renewable, and may
be rescinded at any time during the 90-day period if the Regional
Administrator determines that public health and the environment may
be adversely impacted.
250.68 COMPUTATION OF TIME
(a) In computing any period of time prescribed in the regu-
lations to implement the Act, unless otherwise expressly provided,
the day on which the designated period of time begins to run shall
not be included. The last day of the period so computed is to be
included unless it is a Saturday, a Sunday or a legal holiday on
which the Environmental Protection Agency is not open for business,
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in which event the period runs until the end of the next day which is
not a Saturday, Sunday, or a legal holiday. Intermediate Saturdays,
Sundays, and legal holidays shall be excluded from the computation
when the period of time prescribed or allowed is seven (7) days or
less.
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SUBPART F---GUIDELINES FOR STATE HAZARDOUS WASTE PROGRAMS
250.70 Scope and purpose
250.71 Definitions
250.72 Authorization (3006b)
250.73 Interim Authorization (3006c)
250.74 Federal oversight of authorized programs
250.75 Application procedure
250.76 Withdrawal of authorization
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250.70 SCOPE AND PURPOSE
(a) Section 3006 of the Solid Waste Disposal Act, as amended by
the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6926),
requires the Administrator, after consultation with State authori-
ties, to promulgate guidelines to assist States in the development of
State hazardous waste programs.
(b) These guidelines describe the various provisions and capa-
bilities a State hazardous waste program must have in order to
qualify for authorization under section 3006(b) or section 3006(c),
which provide that the State, in lieu of the Federal EPA, may admin-
ister and enforce the hazardous waste management regulatory program
established pursuant to Subtitle C of the Act. The guidelines also
describe the substantive and procedural requirements for States
applying for authorization, EPA's oversight of the State's hazardous
waste program, and for the withdrawal of authorization pursuant to
section 3006(e).
(c) In addition, section 3009 of the Act prohibits States from
imposing any requirement which is "less stringent" than EPA's regu-
lations under sections 3001 through 30054 of the Act, a prohibition
which applies whether or not the State is authorized under section
3006.
250.71 DEFINITIONS
For the purposes of this part:
(a) The term "Administrator means the Administrator of the
Environmental Protection Agency.
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(b) The term "authorization" or "authorized" refers to a State
which has an approved hazardous waste program under section 3006(b)
or 3006(c) of the Act and §§ 250.72 and 250.73.
(c) The term "element" means a function of the State program
which EPA considers necessary for a State hazardous waste program to
be equivalent to that of EPA.
(d) The term "full authorization" refers to authorization of a
State program which has met the substantive and procedural require-
ments of section 3006(b) of the Act and § 250.72(a).
(e) The term "hazardous waste management" means the systematic
control of the collection, source separation, storage, transpor-
tation, processing, treatment, recovery, and disposal of hazardous
wastes.
(f) The term "interim authorization" refers to authorization by
EPA of a State program which has met the substantive and procedural
requirements of section 3006(c) of the Act and § 250.73.
(g) The term "oversight" refers to a continuing program of sur-
veillance and review carried out by EPA to insure that each authori-
zed State's hazardous waste management program remains in compliance
with the requirements for authorization stated in this Part.
(h) The term "partial authorization" refers to authorization by
EPA of a State program to administer and enforce selected program
components of a fully authorized hazardous waste program while EPA
carries out the remaining parts. In all cases, the combination of
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the State and EPA hazardous waste program shall meet the substantive
and procedural requirements of section 3006(b) of the Act and
§ 250.72U).
(i) The term "withdrawal" refers to the termination of authori-
zation for a State hazardous waste program under section 3006(e) of
the Act and § 250.76.
(j) The term "State" means any of the several States, and the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Northern Mariana Islands.
250.72 AUTHORIZATION (3006b)
(a) Full authorization. This section describes the various
provisions to be met and capabilities to be demonstrated by States
seeking to apply to the Regional Administrator for full authori-
zation. The Regional Administrator shall apply the criteria identi-
fied in § 250.72(a)(l) through § 250.72(a)(3) in determining whether
the program of any State is "equivalent to" the Federal program,
"consistent with" the Federal program and with those applicable in
other States, and whether the State's program provides "adequate
enforcement of compliance," as required by section 3006(b) of the
Act. A negotiated Memorandum of Understanding, as described in
§ 250.74(a), is required for full authorization.
(1) Equivalency. The Regional Administrator shall measure the
"equivalency" of a State program to the Federal program by
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determining whether the State program encompasses all the following
elements, and by assessing the adequacy of each of the administration
and enforcement of a hazardous waste program: Legislative Authority;
Published Regulations; Permit Mechanism; Manifest System; Identifi-
cation of Resources; Interagency Delineation of Responsibilities (if
appropriate to the applicant State); and Public Participation.
(i) Legislative authority. (A) A State seeking full authori-
zation shall demonstrate legislative authority to provide the
following program components: regulations governing hazardous waste
generators5 transporters and owners and operators of hazardous waste
treatment, storage and disposal facilities, including the keeping of
records and submittal of reports and the establishment of monitoring
practices; control of the treatment, storage and disposal of hazard-
ous waste through a permit system or its equivalent; a waste tracking
system (manifest system); the power to conduct inspections and take
samples; and the power to institute enforcement proceedings against
violators.
(B) The State legislative authority and regulatory program shall
be applicable both to those hazardous wastes stored, treated or dis-
posed of at the site of generation (so-called "on-site" management),
and to those hazardous wastes shipped elsewhere for storage, treat-
ment, or disposal.
(ii) Published regulations. The State may choose to publish its
own regulations with respect to hazardous waste management, adopt
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the regulations promulgated by EPA under sections 3001 through 3005
of RCRA unchanged, or adapt EPA's regulations to unique or unusual
circumstances of conditions within the State. Where a State has
existing regulations or proposes new regulations which are different
from those of EPA, the Regional Administrator shall evaluate the pub-
lished regulations of the State's agencies for their equivalency to
those of EPA. The State's regulation shall address the identifi-
cation of hazardous waste and shall contain standards applicable to
generators of hazardous waste, transporters of hazardous waste, and
the owners and operators of hazardous waste treatment, storage and
disposal facilities. State regulations may not impose any require-
ment which is "less stringent" than EPA's regulations under sections
3001 through 3005 of the Act.
(iii) Permit mechanism. A State seeking full authorization
shall provide for a permit system applicable to facilities which
treat, store, or dispose of hazardous wastes, which consists of an
administrative and legal framework together with resources sufficient
to: accept, process and review applications for permits; issue
permits (with appropriate special conditions); monitor renewals and
expirations of permits; monitor compliance with the terms and condi-
tions of permits; enforce compliance with the terms and conditions of
permits; and enforce against owners and operators who have not
acquired permits. The Regional Administrator shall evaluate the
systems of those applicant States where the term "permit," is
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not used in order to determine whether mechanisms such as "license,"
"letters of approval," "waste discharge requirements," or other
control devices, regardless of terminology, satisfy the intent of the
Act.
(iv) Manifest system. A State seeking full authorization shall
demonstrate the administrative capability to oversee the waste
transportation manifest system established under section 3002(5) of
the Act. Such capability shall include the management of manifests
involving both intrastate and interstate transportation of hazardous
wastes. States seeking full authorization under these Guidelines
shall agree to use the manifest format published by the Administrator
in the FEDERAL REGISTER pursuant to Section 3002 in administering and
enforcing their hazardous waste management programs, but may supple-
ment that format as appropriate to meet specific requirements or
needs.
(v) Identification of resources. The Regional Administrator
shall evaluate the resources proposed by an applicant State to be
applied to its hazardous waste management program in order to ascer-
tain that the State is able to administer and enforce the program
successfully. The Regional Administrator shall consider the
following factors in evaluating the adequacy of the State's proposed
resources: (A) A comparison with levels of resources known to have
been applied in other States of commensurate size, hazardous waste
generation and disposal frequency; and (b) the adequacy of those
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resources in relation to the level of success of those other State
programs. Consequently, State applications for full authorization
under Section 3006(b) shall clearly identify the personnel and the
monetary resources to be used to carry out each responsibility
necessary to conduct a comprehensive hazardous waste management
program.
(vi) Interagency delineation. A State seeking full authori-
zation in which more than one agency is involved in the adminis-
tration and enforcement of the State hazardous waste program shall
explicitly delineate the responsibilities of each such agency which
relate to hazardous waste management, and shall designate a "lead
agency," for the purposes of these Guidelines, to facilitate communi-
cations between EPA and the agencies responsible for the State pro-
gram, and to receive such grant funds as may be made available under
section 3011 of the Act. This "lead agency" may be the same agency
designated under 40 CFR Part 255, "Identification of Regions and
Agencies for Solid Waste Management (Interim Guidelines)." The "lead
agency" should provide for coordination with the State agency respon-
sible for the regulation of injection wells under the Underground
Injection Control (UIC) program administered under Part C of the Safe
Drinking Water Act of 1974 (P.L. 93-532, 42 U.S.C. 300f, et seq.)
unless the agency responsible for the UIC program is the same as the
"lead agency" described above.
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(vii) Public participation. A State seeking full authorization
shall submit a public participation plan as part of the application
which complies with the guidelines EPA has promulgated pursuant to
section 7004(b) of the Act (40 CFR Part 249).
(2) Consistency. A State seeking full authorization shall
demonstrate the "consistency" of its program with the Federal program
or State programs applicable in other States in order for the State
program to be authorized. Such States shall satisfy the requirements
of both the free movement of hazardous wastes across State boundaries
and the degree to which State standards may vary from those of EPA or
of other States, except that States which violate these requirements
on the date of promulgation of these guidelines may request a tempor-
ary suspension of this requirement. The Regional Administrator may
grant a temporary suspension of this requirement for a period not to
exceed July 1, 1978, upon a showing that the State is working towards
elimination of this violation. For purposes of this subpart, the
phrase "* * * State programs applicable in other States * * *" refers
only to those programs which have received full authorization under
section 3006(b) of the Act.
(i) Free movement of hazardous wastes. (A) Any State program
which includes a ban on the importation of hazardous wastes from
other States which are destined for treatment, storage, or disposal
facilities having hazardous waste permits under the State program
will be deemed inconsistent for the purposes of section 3006(b).
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Therefore, the Regional Administrator shall not grant full authori-
zation to a State program including such a ban.
(B) Any State program which applies one standard to hazardous
wastes originating within its borders, and a different standard to
hazardous wastes originating elsewhere, will be deemed inconsistent
with the Federal program and with those programs applicable in other
States. Therefore, the Regional Administrator shall not grant full
authorization to such a State program.
(ii) Dissimilar standards. Where the proposed State program
includes standards which are significantly different from the Federal
standards, the Regional Administrator shall determine whether such
State standards substantially impede the movement of hazardous wastes
into or out of the State; and whether such State standards protect
public health and the environment to substantially the same degree as
do the Federal standards. If the Regional Administrator determines
that such State standards do substantially impede the movement of
hazardous wastes into or out of the State, then the State program is
inconsistent for the purposes of section 3006(b), unless such
standards protect public health and the environment to substantially
the same degree as do the Federal standards. If the Regional
Administrator does not authorize a State program due to this
determination of inconsistency, the State may continue to operate its
hazardous waste program in parallel with the Federal program.
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(3) Adequacy of enforcement. A State seeking full authori-
zation shall demonstrate that the enforcement provisions of the pro-
posed State program are adequate, and that the State is able to
administer and enforce its program successfully. The Regional Admin-
istrator shall consider the proposed State enforcement procedures,
practices, and penalties, comparing them with those contained in the
Act, and with those implemented by the Environmental Protection
Agency for the Federal program in evaluating the adequacy of the
State's proposed enforcement program. The Regional Administrator
should employ the following criteria in regard to penalty assessment
in evaluating the adequacy of enforcement of a State Program that
legislation exists authorizing civil and criminal penalties with a
deterrent value adequate to handle almost all enforcement actions and
that the legislation provides that such penalties be sought in appro-
priate circumstances.
(b) Partial authorization. The Regional Administrator may
authorize a State to administer and enforce selected components of a
hazardous waste regulatory program as described in § 250.72(a)(1)(i)
while retaining responsibiltity for such part or parts for which
State legislative authority is absent. A negotiated Memorandum of
Understanding as described in § 250.74(a) is required for partial
authorization.
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(1) Application. States may apply for partial authorization
only if State legislative authority does not exist for certain pro-
gram components. Partial authorization of the hazardous waste pro-
gram may only be granted if such components meet the three criteria
of equivalency, consistency, and enforceability. In all cases, the
combination of the State and EPA hazardous waste program shall meet
the substantive and procedural requirements of a full hazardous waste
program described in 250.72(a).
(2) Duration. Partial authorization shall be effective for a
fixed duration, agreed upon mutually by the State and the Regional
Administrator and not to exceed 5 years, and shall apply to complete
and discrete components of the program from among those identified in
§ 250.72(a)(l)(i) of these Guidelines. At the end of the fixed
period, the Regional Administrator shall determine whether to renew
the partial authorization on the basis of a continued lack of State
legislative authority; a good faith effort by the State to procure
needed legislation; and a determination by the Regional Administrator
that the program can be carried out more effectively by the EPA-State
partnership than by EPA alone.
250.73 INTERIM AUTHORIZATION (3006c)
Any State which has in existence a hazardous waste program
pursuant to State law prior to July 20, 1978, may request interim
authorization to carry out a hazardous waste management program which
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will be granted if such program is "substantially equivalent" to the
Federal program. A negotiated Memorandum of Understanding as des-
cribed in § 250.74(a) is required for interim authorization. The
phrase "* * *in existence" requires that States seeking interim
authorization have the legislative authority, effective as of July
20, 1978, to conduct their hazardous waste programs as described in
§ 250.73(b)(2) of these Guidelines.
(a) Duration. Interim authorization is only effective for the
period from October 21, 1978, through October 21, 1980.
(b) Substantial equivalency. A State seeking interim authori-
zation shall submit copies of the relevant legislation to the
Regional Administrator together with evidence to demonstrate that the
State is willing and able to conduct a successful hazardous waste
program, which, at a minimum, complies with § 250.73 (b)(l) through
(1) Authorization plan. A State seeking interim authorization
shall submit an "authorization plan" as part of its application. The
authorization plan shall describe the additions or modifications
necessary to qualify the State program for full authorization under
Section 3006(b) by October 21, 1980, together with the schedule which
the State proposes to achieve those additions or modifications.
Failure to meet the schedule may be cause for withdrawal of interim
authorization.
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(2) Legislative authority. A State seeking interim authori-
zation shall demonstrate legislative authority to control at least
either on-site or off-site hazardous waste disposal facilities,
including the authority to conduct inspections and institute enforce-
ment proceedings. Legislative authority to control hazardous waste
treatment or storage facilities is not required for interim authori-
zation. The State Authorization Plan shall describe any changes
which will be sought in State legislation in order to prepare the
state for full authorization as described in § 250.72(a)(1)(i).
(3) Identification of resources. A State seeking interim
authorization shall identify and commit adequate resources to carry
out the minimal program described in § 250.73 (b)(4) and (b)(5).
Evaluation of the resources proposed by the State will be at the
discretion of the Regional Administrator. A level of resources which
is necessary for the purposes of full authorization will not neces-
sarily be required for interim authorization. The State Authori-
zation Plan shall identify the resource levels which will be applied
to hazardous waste management at both the beginning and end of the
interim authorization period.
(4) Permit mechanism. A State seeking interim authorization
shall demonstrate at a minimum the institutional and administrative
capability to issue permits, licenses, letters of approval, or other
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control devices to those facilities for which State legislative
authority exists. The State Authorization Plan shall describe any
changes in the permit system which will be made during the 24-month
period for which the interim authorization is effective, to enable
the State to become eligible for full authorization.
(5) Surveillance and enforcement, (i) A State seeking interim
authorization shall demonstrate a surveillance and enforcement pro-
gram sufficient to carry out a minimal program as described in
§ 250.73(b)(5). Evaluation of the surveillance and enforcement pro-
gram will be at the discretion of the Regional Administrator.
(ii) A surveillance and enforcement effort which is insuffi-
cient for full authorization may be sufficient for interim authori-
zation. Where the State proposal provides for a surveillance and
enforcement program which does not satisfy the requirements for full
authorization, the State Authorization Plan must describe the acti-
vities, including those criteria described in § 250.72(a)(3)
regarding penalty assessment, through which the State expects to
become eligible for full authorization during the twenty-four month
period for which the interim authorization is effective.
250.74 FEDERAL OVERSIGHT OF AUTHORIZED PROGRAMS
After all other requirements have been satisfied and before
receiving authorization under Section 3006(b) or Section 3006(c) of
the Act, the State shall agree with the Regional Administrator on an
oversight procedure which will allow EPA to monitor the State's
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hazardous waste program to ascertain that the program is being
administered and enforced successfully in accordance with the Act.
The oversight procedures shall become part of the Memorandum of
Understanding required under § 250.74(a) of these Guidelines.
(a) Memorandum of Understanding. In order to receive authori-
zation under Section 3006(b) or Section 3006(c) of the Act, a
Memorandum of Understanding shall be negotiated between the State and
the Regional Administrator. The Memorandum of Understanding shall
describe in detail the oversight procedures to which the State and
the Regional Administrator have agreed, and may include such other
terms, conditions, or agreements as are relevant to the adminis-
tration and enforcement of the State's hazardous waste regulatory
program. At a minimum, the Memorandum of Understanding shall include
the items described in § 250.74(a)(l)-(a)(4).
(1) Program evaluation. The State shall allow EPA to review
such State records, reports, or files as are relevant to the adminis-
tration and enforcement of the State hazardous waste regulatory pro-
gram no less than once in each fiscal year for which the State has
received authorization under Section 3006(b) or 3006(c) of the Act.
The program review may be scheduled so as to coincide with the annual
grant mid-year review.
(2) Review of permit applications. The Memorandum of Under-
standing shall specify the basis on which the Regional Administrator
may select permit applications of the State for review. The
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Regional Administrator may review and comment to the State on up to
ten (10) percent of the permit applications received by the State in
each fiscal year for which the State has received authorization under
Section 3006(b) or Section 3006(c) of the Act; the Regional
Administrator and the State may agree to a lower percentage limita-
tion where the Regional Administrator believes such an agreement to
be useful.
(3) Inspections. The Memorandum of Understanding shall specify
the basis on which the Regional Administrator may select facilities
within the State where hazardous waste is generated, transported,
stored, treated, or disposed for Federal inspection. The Regional
Administrator or his designee may conduct inspections of up to ten
(10) percent of the generators, transporters, treaters, stopers, and
disposers in a State in each fiscal year for which the State has
received authorization under Section 3006(b) or Section 3006(c) of
the Act. The Regional Administrator and the State may agree to a
lower percentage limitation where the Regional Administrator believes
such an agreement to be useful. Except in the case of an imminent
hazard within the meaning of Section 7003 of the Act, the Regional
Administrator shall notify the State at least seven (7) calendar days
before each such inspection and allow the State the opportunity to
make the initial contact with the facility or site owners or opera-
tors. EPA shall give the State the opportunity to lead any inspec-
tion or visit conducted by EPA pursuant to this Subpart.
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(4) Reports. The Memorandum of Understanding shall specify the
frequency and content of such reports as are required to be submitted
by the State to EPA, but in no event shall the frequency of such
reports be less than once in each quarter of any fiscal year for
which the State has received authorization under Section 3006(b) or
Section 3006(c) of the Act. The content of such reports shall be
specifified in the Memorandum of Understanding and may be combined
with grant reports where applicable.
(b) Change in oversight requirements. The oversight mechanism
outlined above and agreed upon by a State and Region shall be binding
on both parties except when the Regional Administrator has reason to
believe that the State program is not in compliance with requirements
of § 250.72(a) and (b) or § 250.73 and all Subparts thereunder. In
such a case, and after notice to the State, the Regional Adminis-
trator may institute such oversight procedures as he deems necessary
to investigate the situation and, where warranted, to insure a return
to compliance.
250.75 APPLICATION PROCEDURE
The State application shall include a narrative description of
the State hazardous waste regulatory program. The State application
shall provide information sufficient for the Regional Administrator
to make a determination on the adequacy of the State's program. At a
minimum, the following information shall be submitted: Application
describing hazardous waste program as it relates to guidelines (full,
partial, and interim authorization); authorization plan describing
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deficiencies and planned milestones to achieve full authorization
(interim authorization).
(a) Public hearing. After preparation of the draft appli-
cation, the State shall give notice to all interested parties of the
State's intention to seek authorization. Public notice shall be such
that all interested parties will be given reasonable opportunity to
comment on the draft application. Copies of the draft application
shall be made available to the public for comment. Upon request, the
State shall hold a public hearing to discuss the State's application
to conduct the hazardous waste program. All interested parties will
be given reasonable opportunity to present written or oral testimony
on the State's application at the public hearing.
(b) Submission of application to EPA. After consideration of
comments received from the public notice and public hearing, the
State shall prepare a completed application, signed by the appro-
priate State official in charge of the designated lead agency, for
submission to the Regional Administrator. (Three (3) copies of the
final application shall be submitted.)
(c) Notice and determination of findings. Within 90 days
following submission of a completed application for program authori-
zation, the Regional Administrator shall issue a notice as to whether
or not he expects such program to be authorized. Within 90 days
following such notice and after opportunity for public hearing, the
Regional Administrator shall publish his findings as to whether
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or not the State will be given authorization to operate the hazardous
waste regulatory program. Public .notice of the hearing, if held,
will be such that all interested parties will be given reasonable
opportunity to present written and oral testimony on the State's
application at the public hearing.
250.76 WITHDRAW! OF AUTHORIZATION
Section 3006(e) of the Act requires the Administrator to with-
draw authorization of such State program and establish a Federal pro-
gram where the Administrator determines, after holding a public
hearing, that the State program is not in compliance with the
requirements of § 250.72(a) and (b) or § 250.73. A regional Adminis-
trator having reason to believe that a State is not administering or
enforcing an authorized program in accordance with the Act, shall
follow the procedure described in § 250.76(a) through (d).
(a) Notice to State of public hearing. A regional Adminis-
trator having reason to believe that a State is not administering or
enforcing its authorized program in compliance with the requirements
of Section 3006 and this Subpart, shall inform the State by regis-
tered mail of the specific areas of alleged noncompliance, and that a
public hearing will be held to discuss withdrawal of the State's
program as required under Section 3006(e) of the Act. If the State
demonstrates to the Regional Administrator within 30 days of such
notification that the State program is in compliance, the Regional
Administrator shall take no further action toward withdrawal.
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(b) Public hearing. Where the Regional Administrator still has
reason to believe that the State is not in compliance 30 days after
notification, a public hearing shall be scheduled not less than 60
days or more than 75 days following the initial notification date.
All interested parties shall be given opportunity to present written
and oral testimony on the withdrawal of the State's program at the
public hearing.
(c) Notice to State of findings. Where the Regional Adminis-
trator determines the State program to be in compliance as a result
of written or oral testimony presented at such public hearing, he
shall take no further action toward withdrawal. Where he finds the
State not to be in compliance, he shall notify the State by regis-
tered mail of specific deficiencies in the State program and of
necessary remedial activities. Within 90 days of receipt of the
above letter, the State shall either carry out the required remedial
actions or the Regional Administrator shall withdraw authorization.
If the State carries out the remedial actions, the Regional Adminis-
trator shall take no further action toward withdrawal.
(d) Transfer plan. Whenever any State chooses to relinquish
authorization under Section 3006(b) or Section 3006(c), or whenever
any State is required to relinquish such authorization through the
withdrawal procedures under this Part, the State shall submit to EPA
a plan for the orderly transfer of all information to EPA. Such plan
shall be submitted not less than 30 days before the date such trans-
fer is to be effected.
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SUBPART G - PRELIMINARY NOTIFICATION OF HAZARDOUS
WASTE ACTIVITIES
250.800 Scope and purpose.
250.801 Definitions.
250.810 Limited interim authorization.
250.811 Application procedures for States.
250.812 Responsibilities and authority of the EPA Regional
Administrator.
250.820 Who must file notification.
250.821 When to file notification.
250.822 Where to file notification.
250.823 Information required in notification.
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250.800 SCOPE AND PURPOSE
(a) Section 3010 of the Solid Waste Disposal Act, as amended by
the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6930),
requires that any person generating or transporting, or owning or
operating a facility for treatment, storage, or disposal of hazardous
waste, must notify the Administrator or authorized State not later
than 90 days after promulgation or revision of regulations under sec-
tion 3001.
(b) These rules specify in more detail who must file notifica-
tion of hazardous waste activity, when and where notification must be
filed, and what such notification must contain.
(c) In addition, these rules establish the means by which State
governments that are developing and/or implementing hazardous waste
management programs may receive notification from affected persons
within their jurisdictions.
250.801 DEFINITIONS
For the purpose of this part:
(a) The term "disposal of hazardous waste" means the discharge,
deposit, injection, dumping, spilling, leaking, or placing of any
hazardous waste into or on any land or water so that such waste or
any constituent thereof may enter the environment or be emitted into
the air or discharged into any waters, including ground waters.
(b) The term "hazardous waste" means any solid waste defined as
hazardous under subpart A of this part.
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(c) The term "hazardous waste activity" means the handling of
hazardous waste via the generation, transportation, treatment, stor-
age, or disposal of any hazardous waste.
(d) The term "hazardous waste generation" means the act or pro-
cess of producing a hazardous waste.
(e) The term "limited interim authorization" means the authori-
zation given to a State agency by the appropriate EPA Regional Admin-
istrator to receive notifications of hazardous waste activities under
section 3010 during the 180 days following the promulgation of regu-
lations under section 3001. Such authorization has no effect on
whether the State receives interim or full authorization under sec-
tion 3006.
(f) The term "onsite" means on the same or geographically con-
tiguous property. Two or more pieces of property which are geograph-
ically contiguous and are divided by public or private right(s)-of-
way are considered a single site.
(g) The term "person" means an individual, trust, firm, joint
stock company, corporation (including a government corporation),
partnership, association, State, municipality, commission, political
subdivision of a State, any interstate body, or Federal agency.
(h) The term "place of operation" means a manufacturing, pro-
cessing, or assembly establishment;. a transportation terminal; or a
treatment, storage, or disposal facility operated by a person at a
single site.
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(i) The term "responsible individual" means an individual au-
thorized to sign official documents for and act on behalf of a com-
pany or organization.
(j) The term "solid waste" means any garbage, refuse, sludge
from a waste treatment plant, water supply treatment plant, or air
pollution control facility and other discarded material, including
solid, liquid, semisolid, or contained gaseous material resulting
from industrial, commercial, mining, or agricultural operations and
from community activities, but does not include solid or dissolved
material in domestic sewage or solid or dissolved materials in irri-
gation return flows or industrial discharges which are point sources
subject to permits under section 402 of the Federal Water Pollution
Control Act, as amended (86 Stat. 880), or source, special nuclear,
or byproduct materials as defined by the Atomic Energy Act of 1954,
as amended (68 Stat. 923).
(k) The term "State" means any of the several States, the Dis-
trict of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
(1) The term "storage of hazardous waste" means containment,
either on a temporary basis or for a period of years, in such a man-
ner as not to constitute disposal of such hazardous waste.
(m) The term "terminal" means the location of transportation
facilities such as classification yards, docks, airports, management
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offices, storage sheds, and freight and passenger stations, where
hazardous waste which is being transported may be loaded, unloaded,
transferred, or temporarily stored.
(n) The term "treatment of hazardous waste" means any method,
technique, or process, including neutralization, designed to change
the physical, chemical, or biological character or composition of any
hazardous waste so as to neutralize the waste or so as to render such
waste nonhazardous, safer for transport, amenable for recovery, amen-
able for storage, or reduced in volume.
250.810 LIMITED INTERIM AUTHORIZATION
(a) Upon application by a State, an EPA Regional Administrator
may grant a State within that region the following authority:
(1) To receive notifications of hazardous waste activity from
persons seeking to comply with section 3010 requirements.
(2) To conduct programs supplementary to EPA programs to pro-
mote compliance with section 3010 requirements.
(b) Under limited interim authorization, the EPA reserves at
least the following authority:
(1) To promulgate regulations pursuant to section 3010.
(2) To enforce preliminary notification regulations.
(c) Under limited interim authorization, States shall not grant
exemptions regarding who must file notifications, when notification
must be filed, or what information this notification must contain.
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(d) A State may receive limited interim authorization only
once. All such authorizations end on the date six months after
regulations are first promulgated under section 3001 of the act.
250.811 APPLICATION PROCEDURES FOR STATES
(a) States seeking limited interim authorization for section
3010 must make a written application to the appropriate EPA Regional
Administrator containing the following items:
(1) A statement of the State's intent to apply for interim or
full authorization under section 3006 before or during the 90-day
period following the promulgation of the section 3001 regulations.
(2) A plan for implementation by the State, in coordination
with the EPA Region, of section 3010 requirements, including plans
for informing affected persons of the notification requirements, for
furnishing to the EPA names and addresses of persons whom the State
reasonably believes have failed to comply with notification regula-
tions and for analyses of the data received from affected persons.
(3) A statement of agreement to maintain files and any informa-
tion received from notification for 3 years after receipt of notifi-
cation, and to make available any such notification information to
the EPA in accordance with requests from the EPA Regional Adminis-
trator.
(4) A plan of implementation by the State, in coordination with
the EPA Region, for providing notice to the public and to those pros-
pective permittees identified in the notification process of the
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facility permit requirements and of the availability of the facility
permit applications forms. The plan shall include provisions for the
State's receipt and processing of all permit applications submitted.
(b) States seeking limited interim authorization must file the
above written applications not later than sixty (60) calendar days
after promulgation of these notification regulations.
250.812 RESPONSIBILITIES AND AUTHORITY OF THE EPA
REGIONAL ADMINISTRATOR
(a) The EPA Regional Administrator shall have the authority to
grant or withhold limited interim authorization.
(b) The EPA Regional Administrator shall consider each State
application for limited interim authorization. If an application
does not meet all requirements of 250.811(a) (1) and (3), the Re-
gional Administrator shall not grant limited interim authorization.
If the Regional Administrator is not satisfied that the State-pro-
posed plans in 250.811(a) (2) and (4) are adequate for implementa-
tion of section 3010, he/she shall withhold limited interim authori-
zation.
(c) If the Regional Administrator determines that a State ap-
plication is unsatisfactory, he/she shall inform that State in writ-
ing of the reasons within 15 working days of receipt of the applica-
tion. The Regional Administrator may then allow that State to submit
another application within 15 working days for EPA consideration.
(d) If the Regional Administrator finds a State application
acceptable, he/she shall execute an agreement with that State, signed
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by the Regional Administrator and an official of the responsible
State agency, granting limited interim authorization to implement
section 3010 requirements. All such agreements shall be effective no
later than 120 calendar days after promulgation of these preliminary
notification regulations and shall terminate on the effective date of
the section 3001 regulations (6 months after promulgation).
250.820 WHO MUST FILE NOTIFICATION
(a) Every person conducting a hazardous waste activity at the
time of promulgation or revision of section 3001 regulations must
file notification in accordance with these regulations. This notifi-
cation constitutes one of the conditions for interim status for all
persons who treat, store, and dispose of hazardous waste. Owners of
inactive hazardous waste treatment, storage, and disposal facilities
are not required to notify. Those persons who must both notify and
either seek a generator or a transporter identification code or apply
for a new or a revised facility permit pursuant to revision of sec-
tion 3001 regulations may accomplish notification with either the
submission of the information required for the respective identifica-
tion code, or with the submission of the application for a new or a
revised facility permit, provided such information is submitted with-
in the first 90 days after promulgation of the revised section 3001
regulations. Further definition of what is a hazardous waste, who is
a generator; who is a transporter; and who is an owner or operator of
a treatment, storage or disposal facility is given in regulations
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promulgated under sections 3001, 3002, 3003, 3004, and 3005 of the
act.
(b) Special cases. - (1) Corporations. A responsible individ-
ual of the corporation shall file notification.
(i) A group of establishments, plants, transportation termi-
nals, etc., located at a single site under the ownership or opera-
tion of one person may file a single notification.
(ii) A person owning and operating more than one place of oper-
ation may file a single notification for all facilities provided:
(A) All required information is clearly stated separately for
each place of operation, and
(B) Copies of the pertinent information in this single notifi-
cation are sent to each EPA Regional Office (or authorized State)
having jurisdiction over the area in which the places of operation
are located.
(2) Highway transporters. A responsible individual shall fil'e
notification for each terminal the transporter owns and utilizes for
vehicles transporting hazardous wastes.
(3) Railroad or pipeline companies. A responsible individual
may file a single notification for the entire rail line or pipeline,
provided that copies of this notification are sent to each EPA Re-
gional Office (or authorized State) having jurisdiction over the area
in which the railroad or pipeline is located.
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(4) Federal agencies conducting hazardous waste activities must
comply with all notification requirements in the same manner as other
persons.
(5) Federal on-scene coordinators, when acting in their offi-
cial capacity under the provisions of section 311 of the Federal
Water Pollution Control Act, and the national oil and hazardous sub-
stance pollution contingency plan, are not included under the re-
quirements of these regulations.
(6) These regulations do not apply to persons who transport
hazardous materials which have been spilled.
250.821 WHEN TO FILE NOTIFICATION
(a) Persons conducting hazardous waste activities at the time
of promulgation or revision of Section 3001 regulations ("hazardous
waste identification and listing") must file notifications not later
than ninety (90) days after promulgation or revision of section 3001
regulations.
(b) Any person conducting hazardous waste activities at the
time of promulgation or revision of section 3001 regulations who does
not file notification of such activity within 90 days of the date of
this promulgation or revision is in violation of these notification
regulations and may be subject to the penalties described under sec-
tion 3008 of the act. No hazardous waste may be legally transported,
treated, stored, or disposed unless notification has been made. It
should be noted that late notification is a violation of section 3010
and subjects such person to possible enforcement action.
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250.822 WHERE TO FILE NOTIFICATION
(a) Persons must file notifications with the appropriate EPA
Regional Administrator or State which has been granted limited inter-
im authorization. Copies of the pertinent notification information
shall be sent to each EPA Regional Administrator or designated State
agency in which the person's places of operation are located.
(b) Persons owning or operating several places of operation
should refer to 250.820(b).
(c) A list of names and addresses of all State agencies granted
the limited interim authorization to receive notifications will be
published in the Federal Register before or at the time of promulga-
tion of section 3001 regulations.
250.823 INFORMATION REQUIRED IN NOTIFICATION
(a) If a person fully and accurately completes and returns the
form presented in these regulations (see Table I) for each place of
operation, the person will have complied with the requirements of
250.823 of these regulations. Persons utilizing this form may submit
additional information or documents as a part of the notification
submission.
(b) If a person chooses not to use the form, that person must
file a written notification stating clearly and legibly the following
information (for each place of operation):
(1) The name of the organization and place of operation.
(2) The mailing address and location of the place of operation.
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(3) The principal activity of the place of operation, either by
four-digit standard industrial classification (SIC) code or by other
description (e.g., inorganic chemical manufacturing, petroleum refin-
ing, etc.).
(4) An identification number for the place of operation.
(i) If a person has an Internal Revenue Service employer iden-
tification number (EIN), this number shall be provided.
(ii) A person who operates more than one place of operation
with the same EIN for all shall designate a separate suffix to the
EIN to distinguish each place of operation (e.g., (EIN No.)-2, (EIN
No.)-3).
(iii) Federal facilities shall provide the General Services
Administration agency and facility number.
(iv) Transporters shall provide their Interstate Commerce Com-
mission number; however, if a transporter does not have such a num-
ber, he/she shall provide his/her Public Utilities Commission number,
or other permit number (as assigned by State Health Department,
etc.).
(v) All notifiers shall state the specific sources (IRS, ICC,
etc.) of the identification number.
(vi) If a person does not have an already assigned identifica-
tion number, this fact shall be stated. An identification number
will then be assigned by EPA (or the designated State agency).
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(5) The name, telephone number, and address of a responsible
individual at the place of operation who could be contacted for clar-
ification of information submitted in the notification.
(6) The following statement, with signature, name, title, and
date: "I hereby certify that the information provided herein is com-
plete and correct to the best of my knowledge. I understand that all
information in this notification may be made available to the public,
unless otherwise noted, according to 250.823(b) (10). I am author-
ized to sign official documents for my organization."
(7) The type(s) of hazardous waste activity conducted by the
person, i.e., generation, transportation, treatment, storage, or dis-
posal of hazardous waste. Treatment, storage, or disposal activities
conducted at the site of waste generation shall be indicated as "on-
site treatment," etc. Persons who transport hazardous waste shall
indicate the mode (air, rail, highway, water, etc.) of transporta-
tion.
(8) The types of hazardous waste handled by the person, as
identified by criteria under section 3001 regulations. All wastes
which are ignitable, reactive, infectious, radioactive, or corrosive
must be described as such. However, persons who cannot in the 90-day
period allowed definitively determine whether their wastes are toxic
may so indicate. If, after the 90-day period, it is determined that
a waste is non-toxic, a statement to this effect must be filed no
later than 180 days after promulgation of section 3001 regulations.
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Otherwise, the person will be considered for notification purposes,
to be conducting hazardous waste activities. If, at some future
date, a person determines that his waste is not hazardous according
to section 3001 regulations or if he ceases to handle hazardous
waste, he may file a statement to this effect, and he will no longer
be considered to be conducting hazardous waste activities under this
section.
(9) A description of the hazardous waste handled as identified
by listing under the section 3001 regulations or by the general type
specified in said regulation and specific contents (where known)
using the best available information (e.g., "wastewater treatment
sludge containing lead compounds").
(10) A statement indicating what information, if any, in
250.823(b), numbers (8), (9), and (11) (types, description, and quan-
tities of hazardous waste), is to be considered confidential business
information. If the information is claimed as confidential, it will
be treated in accordance with the confidentiality of business infor-
mation regulations in 40 CFR Part 2, Subpart B. When reported on the
sample form, information that is not claimed by the person filing
notification as confidential may be released to the public without
further notice to the person who submitted it. The EPA or the desig-
nated State agency will make the final determination as to whether
information submitted is in fact confidential.
B-302
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(11) Optional: An estimate of the annual amount of hazardous
waste handled based on the period from January 1, 1977, to December
31, 1977. For persons not conducting hazardous waste activities dur-
ing any or all of that period, the annual volume should be estimated
in the best practical manner.
B-303
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APPENDIX C
CHARACTERIZATION OF POTENTIALLY HAZARDOUS
WASTES GENERATED BY SELECTED
MANUFACTURING INDUSTRIES
This appendix presents a characterization of potentially hazard-
ous waste streams and waste stream constituents generated by manufac-
turing processes. Thirteen manufacturing industries which were the
subject of a series of EPA contractor studies on industrial hazardous
waste practices (Industry Studies, 1975-1978) are used as the basis
for this hazardous waste characterization. The industries included
in the characterization are as follows:
• Textiles;
• Inorganic chemicals;
• Pharmaceuticals;
• Paint and allied products and contract solvent reclaiming;
• Organic chemicals, pesticides, and explosives;
• Petroleum refining;
• Petroleum re-refining;
• Leather tanning and finishing;
• Metal smelting and refining;
• Electroplating and metal finishing;
• Special machinery manufacturing;
• Electronic components manufacturing;
• Storage and primary batteries.
C-l
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It should be noted that the characterization of potentially
hazardous wastes from each of the selected industries is based upon
information reported in the Industry Studies and is only meant to
provide an understanding of the various types of potentially haz-
ardous waste streams and waste stream constituents generated by dif-
ferent manufacturing processes; the characterization is not meant to
be an all-inclusive delineation of every potentially hazardous waste
stream generated by each industry. Furthermore, it is not meant to be
implied that all waste streams and waste stream components identified
as being potentially hazardous would necessarily be considered hazard-
ous under the Subtitle C regulations. The definition of what consti-
tutes a potentially hazardous waste, as used in each Industry Study,
was developed by each individual EPA contractor and varied from one
Industry Study to another.
It should also be noted that the Industry Studies considered only
land destined wastes (including wastes sent to incineration). Wastes
which might be potentially hazardous but which are -sent to reclaimers,
discharged in wastewater effluents, or disposed by other means were
not considered in the studies. Furthermore, the studies identified
waste streams as hazardous only if they contained at least one spe-
cific component at potentially hazardous levels. Due to data limita-
tions, waste streams which contained no one substance at potentially
hazardous levels, but which could still be hazardous based upon the
C-2
-------
overall toxicity of the entire waste stream or based upon character-
istics other than toxicity, were generally not identified as poten-
tially hazardous. The major emphasis of the various studies was
placed on identifying wastes containing heavy metals and selected
organic compounds; there was much less emphasis on other properties
of potentially hazardous wastes. For a detailed discussion of the
wastes from each industry and the characteristics used to identify
potentially hazardous wastes from each industry, see the individual
Industry Studies referenced in each of the following sections.
C.I Textile Industry
The hazardous waste characterization of the textile industry
(SIC Code 22) is based upon information reported by Versar, Inc.
(1976). According to that report, potentially hazardous wastes from
the textile industry can be grouped into the following five catego-
ries:
• Wastewater treatment sludge;
• Dye containers;.
• Chemical containers;
• Solvent and still bottom wastes;
• Fiber wet with dye and dye-assist chemicals.
Wastewater treatment sludges from the textile industry contain
such potentially hazardous constituents as heavy metals, residual and
adsorbed dyestuffs, and chlorinated organics. The bulk of the heavy
metals which end up in the wastewater treatment sludges are washed or
C-3
-------
rinsed from fabric by such operations as scouring of incoming greige
goods, cloth dyeing, and application of various finishes. Heavy
metals are contained in dyes; catalysts used for the application of
wash-and-wear, durable press, and water repellent finishes; compounds
used to improve washfastness or lightfastness in certain fabrics;
flame retardant finishes; and input fabrics and fibers from applica-
tion of pesticides or other chemicals. Selected heavy metals identi-
fied in wastewater treatment sludges from various industry components
include: arsenic, barium, cadmium, chromium, cobalt, copper, lead,
mercury, nickel, and zinc.
Several studies have shown that various dyes which end up in
wastewater treatment sludges may be potentially hazardous. Residual
and adsorbed dyestuffs, in addition to containing heavy metals, also
contain other potentially hazardous constituents such as organic dye
carriers. Dye carriers include compounds such as biphenyl, ortho-
phenyl phenol, butyl benzoate, methyl salicylate, trichlorobenzene,
and perchloroethylene.
Residual organics other than dyes may also be a potentially
hazardous component of textile sludges. While there are a great many
organic compounds used in the textile industry, the Versar, Inc. study
did not attempt to identify specific organic compounds, except total
chlorinated organics, present in textile sludges. The total chlorin-
ated organics present ranged from 0.11 to 64.7 ppm.
C-4
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Discarded dye containers and chemical containers containing
residual dyestuffs and chemicals are a second source of potentially
hazardous wastes. Residual dyestuffs may contain previously discussed
hazardous constituents. Residual chemicals other than dyes may
include such constituents as dichromate salts (oxidizing agents);
sodium hydrosulfite (reducing and stripping agent); zinc nitrate and
magnesium chloride (catalysts); polyvinyl chloride, tetrakis (hydroxy-
methyl) phosphonium chloride, chlorinated paraffins, and organic phos-
phorus compounds (flame retardants); silicofluoride compounds, sodium
pentachlorophenate and phenylsulfonic acid derivatives (mothproofing
agents); and urea-formaldehyde, dihydroxy-dichlorodiphenylmethane,
mixture of zinc salts of dimethyldithiocarbamic acid, 2-mercaptobenzo-
thiazole, and copper naphthalene (mildewicides).
Solvent wastes and still bottoms are isolated and atypical
instances of potentially hazardous wastes generated by the textile
industry. These wastes generally result from specialized processes
that are not common throughout the industry. Some of the solvents
used include acetone, butyl carbitol, butyl cellosolve, dioxane,
methanol, naphtha, and trichloroethane.
Yarn and fiber wet with non-fixed dye and dye-assist chemicals
are another instance of isolated and atypical potentially hazardous
wastes. The dye and dye-assist chemicals include those constituents
previously discussed.
C-5
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C.2 Inorganic Chemicals Industry
The hazardous waste characterization for the inorganic chemicals
industry (SIC Code 281) is based upon information reported by Versar,
Inc. (1975). According to that report, potentially hazardous process
wastes are generated by the following three subcategories of the
inorganic chemicals industry:
• Alkalies and chlorine production (SIC 2812), (e.g., chlorine,
sodium and potassium hydroxides, synthetic soda ash);
• Inorganic pigments production (SIC 2816), (e.g., titanium
dioxide pigments, chrome pigments, iron blue);
• Industrial inorganic chemicals not elsewhere classified (SIC
2819), (e.g., sulfuric acid, hydrofluoric acid, alum, sodium
sulfide, phosphorus).
Alkalies and chlorine production generates four major types of
potentially hazardous process wastes. Mercury contaminated brine
purification muds, brine treatment sludges, and solid wastes are
generated by the mercury cell process for the production of chlorine
and alkalies. Asbestos and lead contaminated wastewater treatment
sludges and solid wastes result from the diaphragm cell process for
the production of chlorine and alkalies. Chlorinated hydrocarbon
wastes are produced by diaphragm cell processes. Explosively reactive
or flammable metallic sodium and calcium sludges result from the
Down's cell process for producing chlorine and sodium.
Inorganic pigments production generates process wastes contain-
ing potentially hazardous levels of heavy metals. Production of tita-
nium dioxide pigments may result in wastewater treatment sludges and
C-6
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slurries containing chromium, vanadium, niobium, and zirconium com-
pounds. Production of white opaque pigments may generate wastewater
treatment sludges containing lead and arsenic compounds; furnace slags
and dusts containing zinc; and solid wastes containing lead, cadmium,
and antimony compounds and salts. Production of chrome colors and
other inorganic pigments may result in wastewater treatment sludges
and solid wastes containing cadmium, chromium, cyanide, lead, mercury,
and zinc compounds.
Production of industrial inorganic chemicals (not elsewhere clas-
sified) generates potentially hazardous wastes containing such con-
stituents as cadmium, chromium, cyanide, nickel, mercury, arsenic,
fluoride, phosphorus, sodium, and uranium compounds. For example, the
production of chromates may generate wastewater treatment sludges,
ore residues, andyother solid wastes contaminated with chromium; the
production of cadmium salts may generate wastewater treatment sludges
and dusts containing cadmium; the production of phosphorus may produce
wastewater treatment sludges containing colloidal phosphorus and-
fluoride compounds and furnace slags and dust containing fluorides as
well as radioactive materials such as uranium oxide.
C.3 Pharmaceutical Industry
The hazardous waste characterization for the pharmaceutical indus-
try (SIC Codes 2831, 2833 and 2834) is based upon information reported
by Arthur D. Little, Inc, (1976b). According to that report, poten-
tially hazardous waste streams are generated by the following three
functional sections of the pharmaceutical industry:
C-7
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• Research and development;
• Production of active ingredients;
• Formulation and packaging.
Research and development has the function of discovering new
drugs and developing and improving formulations of new and older
drugs. Potentially hazardous wastes from research and development
include flammable waste solvents and wastes containing heavy metals,
such as mercury and zinc, used in drug formulations. Table C-l lists
typical solvents used by the pharmaceutical industry.
Active ingredients include synthetic organic medicinals (e.g.,
vitamins and aspirin), inorganic medicinals (e.g., antacids), fermen-
tation products (e.g., antibiotics), botanicals (e.g., alkaloids and
steroids), medicinals from animal organs (insulin), and biologicals
(e.g., vaccines and blood fractions). Potentially hazardous wastes
generated during production of active ingredients include waste sol-
vents, organic chemical residues, contaminated high inert content
wastes, and heavy metal wastes. '
Table C-2 shows the major types of potentially hazardous wastes
generated from each category of active ingredient production and typi-
cal constituents of the waste. Organic chemical residues include un-
reacted raw materials used in the production of synthetic organic
medicinals. These residues are separated from the product by methods
such as extraction, distillation, precipitation, crystallization, or
filtration and may be recovered as still bottoms, chemical muds, or
C-8
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TABLE C-l
TYPICAL WASTE SOLVENTS GENERATED
BY THE PHARMACEUTICAL INDUSTRY*
Acetone
Acetonitrile
Amyl acetate
Benzene
Butanol
Butyl acetate
Chloroform
Ethanol
Ethylene dichloride
Ethylene glycol
Heptane
Isopropyl alcohol
Methanol
Methyl chloride
Methyl isobutyl ketone
Naphtha
Toluene
Xylene
*Arthur D. Little,Inc., 1976b.
C-9
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TABLE C-2
TYPICAL POTENTIALLY HAZARDOUS WASTES GENERATED
DURING PHARMACEUTICAL ACTIVE INGREDIENT PRODUCTION*
SYNTHETIC ORGANIC MEDICINALS
Waste Solvents
Acetone
Toluene
Xylene
Benzene
Isopropyl alcohol
Methanol
Ethylene dichloride
Acetonitrile
Organic Residues (still bottoms, sludges, polymers, tars)
Terpenes
Steroids
Vitamins
Tranquilizers
Contaminated High Inert Solids
Activated Carbon
Filter Aid
Filter Cloths
Heavy Metals
Copper
Mercury
Arsenic
Selenium
Zinc
Chromium
INORGANIC MEDICINALS
Heavy Metals
Selenium
FERMENTATION PRODUCTS (antibiotics-penicillin, tetracyclines,
cephalosporins)
Purification Solvents
Butanol
Acetone
Ethylene Glycol Monomethyl Ether
C-10
-------
TABLE C-2 (Concluded)
Recovery Solvents
Amyl acetate
Butanol
Butyl acetate
Methylisobutyl ketone
BOTANICALS
Alkaloids (Quinine, Reserpine, Vincristine) from Plant Material
Extraction Solvents
Methanol
Acetone
Ethanol
Chloroform
Heptane
Ethylene Bichloride
Purification Solvents
Ethylene Bichloride
Naphtha
Methylene Chloride
Benzene
Crude Steroids from Plant Material
Still bottoms (Soybean Oil Refining Residue)
MEBICINALS FROM ANIMAL ORGANS (Insulin, Heparin)
Solvents
Ethanol
Methanol
Acetone
BIOLOGICALS (Blood Plasma Fractions)
Solvent
Ethanol
Salts
Sodium Acetate
Sodium Chloride
Sodium Phosphate
*Arthur B. Little, Inc. 1976b.
C-ll
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tars. The residues may contain potentially hazardous organics such as
hydroquinone, pyridine, or oxalic acid. Contaminated high inert con-
tent wastes include filter aids, activated carbon, and filter cloth
and may contain potentially hazardous constituents such as waste
solvents and heavy metals. Heavy metals are used as catalysts,
oxidants, reducing agents, and product ingredients.
Formulation and packaging involve preparing dosage forms such as
tablets, capsules, liquids, or ointments from the bulk active ingre-
dients. Potentially hazardous wastes from formulation and packaging
include contaminated and decomposed active ingredients. Some re-
called lots of Pharmaceuticals which require disposal may also be
potentially hazardous (e.g., mercurial ointments).
C.4 - Paint and Allied Products Industry and Contract Solvent Re-
claiming Operations
The hazardous waste characterizations for both the paint and
allied products industry (SIC Code 285) and contract solvent re-
claiming operations are based upon information reported by Wapora,
Inc. (1975).
C.4.1 Paint and Allied Products Industry. According to Wapora,
Inc., there are five principal sources of potentially hazardous waste
generation by the paint and allied products industry:
• Raw materials packaging;
• Water treatment sludges;
• Solids from air pollution control equipment;
C-12
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• Discarded finished products and spills;
• Wash solvents.
Raw materials packaging itself is not hazardous. The small
amounts of pigments and other materials used in paint production that
remain in the packaging are, however, potentially hazardous. Table
C-3 lists examples of potentially hazardous constituents that may be
contained in packaging wastes. These potentially hazardous constitu-
ents include organic and inorganic pigments which contain heavy metals
such as lead, cadmium, zinc, chromium, and copper. Potentially haz-
ardous solvents used include aliphatic solvents, esters, and ketones.
A wide variety of potentially hazardous additives, such as metallic
soaps, driers, fungicides, germicides, and mildewicides, are also used
in paint manufacture.
Wastewater treatment sludges result from the production of water-
thinned paints. Potentially hazardous constituents of the sludges
include heavy metals from pigments and mercurials from fungicides and
preservatives. " • "
Air pollution control equipment used in paint plants consists
primarily of air filters. Potentially hazardous solids from such
equipment are primarily pigments containing heavy metals.
Waste products consist of finished products which are not sale-
able and which cannot be economically reworked into some useful form.
They include spoiled batches, spills, unsold warehouse stocks, and re-
tained samples. These waste products contain the potentially hazard-
ous materials listed in Table C-3.
C-13
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TABLE 03
SELECTED POTENTIALLY HAZARDOUS WASTE CONSTITUENTS FROM
THE PAINT AND ALLIED PRODUCTS INDUSTRY*
PIGMENTS
Basic lead carbonate
Basic white lead silicate
Antimony oxide
Zinc oxide (leaded)
Cadmium lithopone
Cadmium yellow
Molybdata orange *
Strontium chromate
Zinc chromate
Phthalocyanine blue
Chrome green
Phthalocyanine green
Copper powders
Cuprous oxides
ADDITIVES
Metallic Soaps
zinc stearate
Metallic Driers
cobalt soaps
lead soaps
zirconium soaps
Fungicides, Germicides, and Mildewicides
phenols, halogenated phenols, and their salts
phenyl mercuric acetate
phenyl mercuric oleate
C-14
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Table C-3 (Concluded)
SOLVENTS
Aliphatic Hydrocarbons
mineral spirits, regular and low odor
mineral spirits, odorless
kerosene
mineral spirits, heavy
Aromatic and Naphthenic Hydrocarbons
benzene
toluene
xylene
naphtha, high flash
Ke tones
acetone
methyl ethyl ketone
methyl isobutyl ketone
Esters
ethyl acetate
isopropyl acetate
normal butyl acetate
*Wapora, Inc., 1975.
C-15
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Waste wash solvents consist of water or organic solvents used to
clean blending tanks, thinning tanks, and other processing equipment.
Water solvents are sent to wastewater treatment. Organic solvents may
contain organic sludges and pigments and may be reclaimed either on-
site or off-site. On-site reclamation generates potentially hazardous
still bottoms containing solvents and heavy metals.
C.4.2 Contract Solvent Reclaiming Operations. According to
Wapora, Inc., two major classes of solvents are reprocessed by con-
tract solvent reclaiming operations. The first class consists of
halogenated hydrocarbons, such as methylene chloride, trichloroethyl-
ene, perchloroethylene, and 1,1,1 trichloroethane, which result from
degreasing and metal cleaning operations.
The second class includes a wide range of solvents such as ali-
phatic hydrocarbons, aromatic and naphthenic hydrocarbons, alcohols,
esters, and ketones. These waste solvents are generated by the chem-
ical process industry, solvent manufacture, metal cleaning and coat-
ings industries, printing operations, and paint manufacture. Typical
solvents include methanol, isopropanol, methyl ethyl ketone, methyl
isobutyl ketone, amyl acetate, butyl acetate, hexane, and benzene.
There is one basic waste stream from the various solvent recovery
operations, i.e., still bottoms or sludge. Potentially hazardous con-
stituents in the still bottoms include the base solvent as well as
other materials including oils, greases, and metal fines from metal
cleaning operations; pigments, extenders, and additives from paint
C-16
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residues; and organic contaminants from chemical processes. If the
still bottoms are incinerated on-site, the ash residue, containing
heavy metals, becomes the waste stream.
C.5 Organic Chemicals, Pesticides, and Explosives Industries
The hazardous waste characterization for the organic chemicals
(SIC Code 286), pesticides (SIC Code 2879), and explosives (SIC Code
2892) industries is based upon information reported by TRW, Inc.
(1976). Due to the extremely large number of different products and
associated waste streams generated by the organic chemicals, pesti-
cides, and explosives industries, the hazardous waste characterization
for these industries is based upon selected processes and selected
waste streams within these processes.
Table C-4 presents potentially hazardous components within one
selected waste stream for each of 17 selected processes. The listed
waste streams have been selected by TRW, Inc. to provide a composite
picture of the types of potentially hazardous wastes generated by the
organic chemicals,' pes.ticides-, and explosives industries.
Table C-5 lists potentially hazardous waste stream components
generated within various SIC codes of the organic chemicals and
technical pesticides industries.
C.6 Petroleum Refining Industry
The hazardous waste characterization for the petroleum refining
industry (SIC Code 2911) is based upon information reported by Jacobs
C-17
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TABLE C-4
POTENTIALLY HAZARDOUS COMPONENTS OF SELECTED WASTE STREAMS
FROM THE ORGANIC CHEMICALS, PESTICIDES, AND EXPLOSIVES INDUSTRIES*
Process
product
Selected waste
stream
Potentially hazardous
components
Perchloroethylene
Nitrobenzene
Chloromethane
solvents
Epichlorohydrin
Toluene
diisocyanate
Vinyl chloride
monomer
Nonaqueous liquid
heavy ends from
perchloroethylene
Nonaqueous liquid
still heavy ends
Solid tails from
solvent recovery
system
Liquid heavy ends
(still bottoms)
Centrifuge residue
sludge
Liquid heavy ends
from still
Hexachlorobutadiene,
hexachlorobenzene,
chloroethanes,
chlorobutadienes,
tars and residues
Nitrobody heavy
ends
Hexachlorobenzene,
crude hexachloro-
butadiene, and other
chlorinated paraffins
1,2,3-trichloropro-
pane, tetrachloro-
propyl ethers,
dichloropropanol
(dichlorohydrins),
epichlorohydrin,
chlorinated, aliph-
atics and alcohols
Lower polyurethane
polymers and tars,
ferric chloride,
waste isocyanates
Halogenated ali-
phatic hydrocarbons
(trichloroethane,
tetrachloroethane,
dichloroethane) and
tars
Methyl
methacrylate
Liquid heavy
ends from methanol
recovery
Lower methacrylate
polymers;
hydroquinone
C-18
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TABLE C-4 (Continued)
Process
product
Selected waste
Potentially hazardous
components
Acrylonitrile
Maleic
anhydride
Lead alkyls
Aldrin
Liquid heavy im-
purities (still
bottom)
Sludge and residue
(distillation
column bottoms)
Lead sludge from
settling basin
Area and equipment
washdown
Higher nitriles and
po lyme rs
Maleic anhydride;
tars, fumaric acid,
and chromogenic
compounds
Lead carbonate, hy-
droxide and organic
compounds and other
organics
Aldrin
Atrazine
Trifluralin .
Parathion
Malathion
TNT
Scrubber spent
alkali solution
Solid spent
activated carbon
Sulfur sludge from
chlorinator
Filter cake (semi-
solid)
Red Water
Cyanuric acid, in-
soluble residues
(e.g., cyamelide),
and sodium hydroxide
Trifluralin and re-
lated fluroaromatic
compounds; solvent
and unreacted in-
termediates
Sulfur and organo-
phosphorus com-
pounds
Dimethyldithiophos-
phoric acid; toluene
and insoluble reactor
products
TNT impurities,
organic salts,
inorganic salts
C-19
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TABLE C-4 (Concluded)
Process Selected waste Potentially hazardous
product stream components
Nitrocellulose Solids Contaminated nitro-
cellulose, nitro-
cellulose fines
*TRW, Inc., 1976
C-20
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TABLE C-5
POTENTIALLY HAZARDOUS WASTE STREAM COMPONENTS BY STANDARD
INDUSTRIAL CLASSIFICATION, ORGANIC CHEMICALS AND
TECHNICAL PESTICIDES INDUSTRIES*
CYCLIC INTERMEDIATES (SIC 28651)
Aluminum oxide (DPA contaminated catalyst)
Amines
Ammonia
Azobenzene
Benzidine
Benzidine hydrochloride
Chlorinated aromatics
Chlorotoluene and phenol
Cyclopentadiene
Dichloroanilines
Dichloroethane
Dinitrotoluenes
Diphenylamine
Heavy metal catalyst from melamine manufacture
Heavy organics from p-nitroaniline manufacture
Hydrazobenzene
Hydroquinone
Isocyanates
Manganese oxides
Melamine
Methyl aniline
or-naphthylamine
p-naphthylamine
Nitrobenzene sulfonic acid
• Nitro'toluene
N-phenylhydroxylamine
N,N-diethylaniline
Phenol
Phenolics
Phenylenediamines
Phosgene
Phthalic anhydride
Polymeric matter, phenol contaminated
Polymers and tarry matter from isocyanates manufacture
p-chlorophenol
p-hydroxybenzoic acid
p-nitroaniline
p-nitrochlorobenzene
C-21
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TABLE C-5 (Continued)
CYCLIC INTERMEDIATES (SIC 28651)
p-nitrotoluene sulfonic acid
Quinone
Resorcinol, phenol and cresol
Resorcinol
Sodium phenoxide
Spent catalyst and support
Sulfuric acid
Tars from diphenylamine manufacture
Tars and naphthylamine from and naphthylamine
manufacture
Toluene diamine
Toluidine
2-naphthylamine
2,4 dimethylaminoazo benzene
3,3'-dichlorobenzidine
SYNTHETIC ORGANIC DYES (SIC 28652)
Aminotoluene
Chloroacetic acid
Dinitrophenol
Phenol
p-anisidine
p-formamidoanisole
p-hydroxyaniline
o-anisidine
o-formamidoanisole
o-hydroxyaniline
o-nitrophenol
2-aminotoluene
2-amino, 4-nitrophenol
2-nitro, 4-aminophenol
2-nitro, 4-amino anisole
2,4-diaminotoluene
4-aminotoluene (paren-toluidine)
SYNTHETIC ORGANIC PIGMENTS, LAKES, TONERS (SIC 28653)
Naphthylamine
N-ethylnaphthylamine
p-toluidine
p-toluidine-2-sulfonic acid
p-toluidine-3-sulfonic acid
3,3'-dichlorobenzidine
C-22
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TABLE C-5 (Continued)
CYCLIC (COAL TAR) CRUDES (SIC 28655)
Phenols
MISCELLANEOUS CYCLIC (COAL TAR) CHEMICAL PRODUCTS (SIC 28691)
Acetylamino fluorene
Ferric chloride
Naphthenic acid
Naphthenic acid salts
Phenol
Phenolic salts
p-cresol
Thionyl chloride
Zinc dust
2,6 di-tert-butyl-p-cresol
MISCELLANEOUS ACYCLIC CHEMICALS AND CHEMICAL PRODUCTS (SIC 28692)
Acetonitrile
Acrolein
Acrylic acid
Acrylonitrile
Allyl alcohol
Allyl chloride
Ammonia
Ammonium cyanide
Ammonium methacrylate
Antimony oxide
Antimony pentachloride
(3-propiolactone
Carbon tetrachloride
Chlorinated aldehydes
Chlorine
Chloroacetic acid
Chloroamino ethanes
Copper (recov) from acetaldehyde manufacture
Crotonaldehyde
Crude hexachlorobenzene
Dichloroethane
Dichloroethylene
Diethylamine
Dimethyl ethers
Epichlorohydrin
Ethyleneamines
C-23
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TABLE C-5 (Continued)
MISCELLANEOUS ACYCLIC CHEMICALS AND CHEMICAL PRODUCTS (SIC 28692)
Ethylene diamine
Ethylene dichloride
Ethylene oxide
Ethyleneimine
Ethyl acrylate
Fluorocarbons
Heavy ends from acetic anhydride manufacture
Heavy metal catalyst from n-paraffins manufacture
Heavy tars from vinyl chloride manufacture
Hexamethyleneimine
Hydrogen chloride
Hydrogen cyanide
Hydroquinone
Lead sludge
Mercuric tin hydroxide
Metallic fluorinating agent
Methylchloromethylether
Methyl ethyl ketone
Methyl Methacrylate
Mixed heavy chlorinated hydrocarbons
Sodium salt of EDTA
Nickel from hexylene glycol manufacture
Nickel chloride
N-chlorodimethyl amine
N-nitrosodimethyl amine
Phenols
Pentachloroethane
Perchloroethylene
Phenol/aniline
Polymers from acrylic acid/acrylates manufacture
Prop ionic acid
Propylene oxide
Propyl aldehyde
Sodium acrylate
Sodium cyanide
Sodium fluoride
Sodium formate
Stearic acid
Stearic acid salts
Tars from ethylene diamine manufacture
Te trachloroe thane
Tetrachloroethylene
C-24
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TABLE C-5 (Continued)
MISCELLANEOUS ACYCLIC CHEMICALS AND CHEMICAL PRODUCTS (SIC 28692)
Trichloroethane
Trichloroethylene
Trichloropropane
Vinyl chloride
Vinyl chloride contaminated solids
Vinylidene chloride
Zinc acetate/on coke
1,1,2-trichloroethane
SYNTHETIC ORGANIC CHEMICALS (SIC 28693)
Alkylated phenol
Benzyl chloride
Dodecylmercaptans
Myristic acid
Myristic acid ester
Organic raercaptan salts
Partial phosphate esters
Phenols
Spent activated carbon from phosphoric acid ester
manufacture
Stearic acid and esters
Tars from benzothiazole manufacture
Unreacted phenol
PESTICIDES AND OTHER SYNTHETIC ORGANIC AGRICULTURAL
CHEMICALS (SIC 28694)
Acrolein
Aldicarb
Aldrin
Alpha-naphthylthiourea
Arsenic trioxide
Atrazine
Bis(chloromethyl ether)
Chlorinated methyl ethers
Captan
Carbofuran
Carbaryl
Carbophenothion
Chlordane
2,4-Dichlorophenol
2,6-Dichlorophenol
C-25
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TABLE C-5 (Continued)
PESTICIDES AND OTHER SYNTHETIC ORGANIC AGRICULTURAL
CHEMICALS (SIC 28694)
2,2-Dichlorovinyl dimethyl phosphate
Dieldrin
0,0-Diethyl 0-(3-chloro-4-methyl-2-oxo-2H-l-
benzopyran-7-yl) phosphorothioate
0,0-Diethyl S-[2-ethylthio)ethyl] phosphorodithioate
Dimethoate
0,0-Dimethyl 0-p-nitrophenyl phosphorothioate
0,0-Dimethyl S-[(4-oxo-l,2,3-benzotriazin-3(4H)-yl
methyl] phosphorodithioate
Dimethyl phosphate ester with 3-Hydroxy-N,N-
Dimethyl-cis-crotonamide
Dimethyl phosphate of 3-Hydroxy-N-methyl-
cis-crotonamide
Dinoseb
Dioxathion
Diphacinone
Diuron
Endothall
Endrin
Ethyl hexanediol
Ethyl thiocarbonate
Ethion
0-Ethyl S-phenyl ethylphosphorodithioate
S-[2-(Ethysulfinyl)ethyl]0-0-Dimethyl phosphorothioate
Heavy carbamate residues
Hydrazine
Hydrogen sulfide
Heptachlor
Malathion
Methomyl
Methyl chloroacetate
Methyl fluoroacetate
Methyl isocyanate
1-Naphthylamine hydrochloride
Nicotine
Pheno1
Phenolic resins from 2,4-dichlorophenoxyacetic acid
manufacture
Parathion
Polymers and tars, pesticide contaminated from warfarin
manufacture
C-26
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TABLE C-5 (Concluded)
PESTICIDES AND OTHER SYNTHETIC ORGANIC AGRICULTURAL
CHEMICALS (SIC 28694)
Phosphamidon
Sodium p-nitrophenolate
Tarry residues, pesticide contaminated from
malathion manufacture
Sodium fluoroacetate
Tetraethyl pyrophosphate
2,4,6-trichlorophenol
Toxaphene
Warfarin
*TRW, Inc., 1976
C-27
-------
Engineering Company (1976). According to that report, potentially
hazardous wastes from petroleum refining are contained in the fol-
lowing waste streams:
• Crude tank bottoms;
• Leaded or non-leaded tank bottoms;
• API separator sludge;
• Neutralized hydrofluoric (HF) alkylation sludge;
• Kerosene filter clays;
• Once-through cooling water sludge;
• Dissolved air flotation float;
• Slop oil emulsion solids;
• Spent lime from boiler feedwater treatment;
• Cooling tower sludge;
• Exchanger bundle cleaning sludge;
• Waste bio sludge;
• Storm water silt;
• Fluid catalytic cracker (FCC) catalyst fines;
• Coke fines;
• Lube oil filter clays;
• Spent catalysts;
• Chemical precipitation sludge.
Each of these waste streams was analyzed for potentially hazard-
ous levels of the following waste constituents: oil, fourteen trace
metals, phenolic compounds, ammonia compounds, fluorides, cyanides,
C-28
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and polynuclear aromatics (limited to benzene-A-pyrene). Table C-6
lists potentially hazardous constituents that may be present in each
waste stream.
Crude tank bottoms consist of solid sediment which accumulates at
the bottom of the crude oil storage tanks. Contaminants in crude oil
tank sludge vary with the type of crude oil as well as with handling
and shipping methods employed prior to delivery to the refinery.
Settled sludge consists of a mixture of iron rust, clay, sand, water,
sediment, and some occluded oil and wax. Usually this mixture is a
tightly held emulsion which does not separate on settling.
Leaded or non-leaded tank bottoms consist of solids which settle
to the bottom of product tanks, where they remain pending removal.
The characteristics of the deposited sludge vary with the type of
product stored in the tank.
API separator sludge consists of solids which settle in the API
separator during primary wastewater treatment. Refinery API separa-
tors are usually connected to the oily .water plant sewer. The bottoms
may, therefore, contain a mixture of all sewered wastes, such as tank
bottoms, boiler blow-down, and de-salter wastes, as well as a certain
amount of all chemical elements that enter a refinery.
Neutralized alkylation sludges are produced by both the sul-
furic acid and the hydrofluoric acid alkylation processes. In the
sulfuric acid alkylation process, the spent acid, which is approxi-
mately 80 percent sulfuric acid, is usually placed in storage tanks
C-29
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TABLE C-6
POTENTIALLY HAZARDOUS CONSTITUENTS OF PETROLEUM REFINING WASTE STREAMS*
o
o
""^--^Constituent Ammonia Benzene- Fluor- Sele- Ar- Her- Beryl- Vana- Chro-
Stream ^^
Crude Tank
Bottoms XXX X XX
Leaded Tank
Bottoms XX X XXX
Non-lead Tank
Bottoms X X X X X X X
API Separator
Sludge XXX XX X
Neutralized HF
Alkylation
Sludge X X X X XX
Clays XXX X X
Once-through
Cooling Water
Sludge XX X 'x X
Dissolved Air
Flotation Float XXX XX
Slop Oil Emul-
sion Solids XXX XXX X
Spent Lime X X
Cooling Tower
Sludge XX X X
Exchanger Bundle
Cooling Sludge XXX X XXX X
Waste Bio Sludge XX x
Storm Water Silt XXX X XXX
FCC Catalyst
Fines x X x ^
Coke Fines X X
Lube Oil Filter
clays xxx x x x
Spent Catalyst
Chemical Precipi-
tation Sludge1*
•Jacobs Engineering Company, 1976.
tOata not available „ to potentially h.z.rdou, constituent, in these waste streams.
Cop- Sil- Csdrai- Molyb-
XX XX
XX X X X X X
XXX XX
XXX XX
X
X X
X XX
X
XX XX
X
XXX XX
X XXX
XX X
x X X X X X
x x xx
x xx
X X
•
-------
prior to shipment to an off-site producer of sulfuric acid. The
sludge which accumulates in storage tanks contains polymerized hydro-
carbons, tank scale, and sulfuric acid and is removed when the tank is
either cleaned or repaired. The sludge is usually neutralized with
lime and disposed on land. Unlike the sulfuric acid alkylation pro-
cess, all spent acid from the hydrofluoric acid process is neutralized
with lime (usually spent lime from the boiler feedwater treatment pro-
cess) producing an insoluble calcium fluoride sludge, which is removed
intermittently to final disposal.
Kerosene filter clays and lube oil filter clays result from
treatment of products with clay in order to remove impurities.
Treatment with fixed bed clay is used to remove color bodies, chemi-
cal treatment residues, and traces of moisture from product streams
such as gasoline, kerosene, jet fuel, and light fuel oil. Clay is
\
also used to treat lube oils, a process in which the cl-ay is mixed
with the oil and subsequently removed with a rotary vacuum filter.
Once-through cooling water sludge results from water sent to
primary settling tanks prior to usage for once-through cooling.
In some refineries, following processing by separators, addi-
tional oil and solids are removed by the process of dissolved air
flotation. The process takes place in a circular tank in which finely
divided solids and oil particles are brought to the surface where they
are skimmed off for disposal.
C-31
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Skimmed oil from the API separators is usually pumped into a slop
oil tank where the mixture is separated into three fractions—oil,
water, and emulsion. The oil is returned for reprocessing and recy-
cled back to the API separator. The slop oil emulsion layer may be
disposed of as a sludge, or it may be further treated, i.e., demulsi-
fied.
Spent lime from cold or hot lime softening and from the clari-
fication of boiler feed water is continuously discharged, dewatered
in a settling basin, and disposed of on land. The quantities and
composition of the spent lime sludges are dependent upon the charac-
teristics of the raw makeup water.
Cooling tower sludge contains those solids which settle in the
cooling tower basin. Exchanger bundle cleaning sludge contains scale
and sediment from heat exchanger bundles. Stormwater silt collects
in the Stormwater settling basins and contains run-off from the re-
finery area.
In the process of biological treatment of refinery aqueous waste
streams, excess bio sludge is created which, for efficient operation,
must be controlled by wasting. The waste bio sludge has a very high
water content (99 percent) and is dewatered prior to disposal.
Fluid catalytic cracker (FCC) catalyst is continuously regener-
ated by burning off the coke formed on the catalyst during the crack-
ing process. Refineries have installed electrostatic precipitators
or an equivalent device to remove any catalyst fines which would
C-32
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otherwise be released to the atmosphere with the regenerator flue gas.
These catalyst fines are either disposed as solid waste or, in some
cases, sold.
Coke which is produced in the course of various refinery oper-
ations, such as fluid coking and delayed coking, is sold as solid
industrial fuel. Coke fines result from the movement and handling
of the coke. Most of the non-volatile metals contained in the crude
petroleum are concentrated in the coke and the coke fines.
A number of refinery processes require the use of a fixed-bed
catalyst. The catalysts eventually become inactive (viz, six months
to three years). Many of these catalysts contain valuable metals
which can be recovered economically. Some of these metals, such
as platinum and paladium, represent the active catalytic component;
others are contaminants in the feed which are adsorbed on the cata-
lyst during use. After the more valuable metals are recovered, spent
catalysts are disposed as solid wastes.
Chemical coagulation is used at some refineries to remove sus- •
pended matter from aqueous waste streams. The chemical coagulants
which are added for this purpose form a gelatinous, porous precipi-
tate in which the suspended matter, both oil and solids, becomes en-
meshed. The composition of the chemical precipitation sludge depends
upon the type of coagulant used as well as upon the characteristics
of the wastewater.
C-33
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C.7 Petroleum Rerefining Industry
The hazardous waste characterization for the petroleum rerefining
industry (SIC Code 2992) is based upon information reported by Swain
et al., (1977). According to that study, petroleum rerefining con-
sists of three basic process steps which produce three major waste
streams. These process steps and their waste streams are as follows:
• Pretreatment—sludge
• Distillation—process water
• Post treatment—spent clay
In pretreatment, heat and chemicals are generally used to remove
unwanted constituents from the waste oil. Distillation, which usual-
ly includes mixing of a bleaching clay with the pretreated waste oil,
removes low boiling fractions and undesirable constituents, such as
color bodies, from the waste oil. In post treatment, the spent clay
is removed by filtration; post treatment can also include acid neu-
tralization or other finishing processes.
Sludge is predominantly composed of the products of acid or
caustic pretreatment; however, it may also contain storage tank bot-
toms (which may contain phenols and other water soluble or dispersible
compounds), the interface invert emulsion found in the condensed light
ends/stripping steam separation, and waste water treatment sludge.
Acid sludge is a black, tar-like material with a strong sulfuric
acid odor reflecting its high acid content. It contains most of the
C-34
-------
metals, polar compounds,* and solids present in the waste oil. All of
the materials listed in Table C-7, except caustics, may be contained
in acid sludge at potentially hazardous levels.
Caustic sludge is a black viscous material which varies from free
flowing to weakly gelatinous and from neutral to alkaline. All of the
materials listed in Table C-7, except acid, may be contained in caus-
tic sludge at potentially hazardous levels.
Spent clay from post treatment is a black, oil-compacted material
which contains varying percentages of oil (1 to 45 percent by weight,
with an average of 19 percent by weight). In addition to the oil,
other potentially hazardous materials in the spent clay may include
polymers, other polar compounds, and metals not removed during the
pretreatment step.
Process water from steam stripping during the distillation step
may contain heavy metals (e.g., lead, zinc), phenols, mercaptans,
other sulfur compounds, and hexane solubles (oils, polymers, and other
polar compounds). The process water is sent to wastewater treatment,
and the wastewater treatment sludge is usually combined with the acid
or caustic sludge.
C.8 Leather Tanning and Finishing Industry
The hazardous waste characterization for the leather tanning and
finishing industry (SIC Code 3111) is based upon information reported
by SCS Engineers, Inc. (1976). According to that study, potentially
*Polar compounds include additives placed in the original oil and
compounds formed during the original use of the oil.
C-35
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TABLE C-7
POTENTIALLY HAZARDOUS MATERIALS CONTAINED IN
PETROLEUM RE-REFINING SLUDGE*
Acid (Sulfuric acid)
Ammonia
Arsenic compounds
Cadmium compounds
Caustic (sodium hydroxide, sodium silicate)
Chromium compounds
Copper compounds
Cresol
Iron compounds
Lead compounds
Mercury compounds
Naphthene compounds
Nickel compounds
Oils (includes polymers, other polar compounds,
asphaltenes, and petroleum oils)
Zinc compounds
*Swain et al,, 1977.
C-36
-------
hazardous wastes from the leather tanning and finishing industry are
contained in the following waste streams:*
• Fleshings;
• Trimmings and shavings;
• Buffing dust;
• Finishing residues;
• Finished leather trim;
• Sewer screenings;
• Wastewater treatment sludges.
Fleshing involves the removal of excess flesh and fatty sub-
stances from the hide or skin. Except for sheepskin tanneries,
fleshing normally occurs prior to tanning, and the wastes consist
primarily of animal fat and protein. Fleshing wastes from sheepskin
tanneries may contain chromium at potentially hazardous levels (see
Table C-8).
Trimming and shaving wastes result when tanned hides are split
and shaved to obtain uniform thicknesses or to remove ragged edges.
Trimmings and shaving wastes may contain chromium, copper, lead, and
zinc at potentially hazardous concentrations (see Table C-8).
Buffing dust is produced when leather is mechanically sanded to
remove surface imperfections and to improve the nap. Buffing dusts
may contain chromium, copper, lead, and zinc at potentially hazardous
concentrations (see Table C-8).
*The SCS Engineers, Inc. study analyzed tannery wastes for heavy
metals, phenols, and pesticides.
C-37
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TABLE C-8
POTENTIALLY HAZARDOUS TANNERY WASTE CONSTITUENTS*
Waste stream
Fleshings
Trimmings and
shavings
Chrome
Unfinished leather
Buffing dust
Finishing residues
Finished leather trim
Sewer screenings
Wastewater treatment
residues (sludges)
Analytical results
Mean
concentration
Hazardous (wet weight-
constituentt mg/kg)
Chromium
Chromium
Chromium
Copper
Lead
Zinc
Chromium
Copper
Lead
Zinc
Chromium
Copper
Lead
Zinc
Organic
solvents
Chromium
Lead
Chromium
Lead
Zinc
Chromium
Copper
Lead
Zinc
4,000+
7,600
16,900
90
120
60
5,700
960
150
160
3,500
40
8,400
150
NA§
14,800
1,000
2,200
30
60
3,700
370
60
50
Concentration
range
(wet weight-
ing/kg)
*
2,200-21,000
4,600-37,000
2.3-468
2.5-476
9.1-156
19-22,000
29-1,900
2-924
-
0.45-12,000
0.35-208
2.5-69,200
14-876
NA§
1,600-41,000
100-3,300
0.27-14,000
2-110
35-128
0.33-19,400
0.12-8,400
0.75-240
1.2-147
*SCS Engineers, Inc., 1976.
^Constituents for which analyses were made.
^Only one sample analyzed.
§NA - not available.
C-38
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Finishing residues are produced as a result of air pollution
control devices which remove particulates and aerosols from the ex-
haust gases of spray finishing booths and from the general cleaning
of finishing equipment. Finishing residues may contain flammable
organic solvents as well as chromium, copper, lead, and zinc at po-
tentially hazardous concentrations (see Table C-8).
The finished leather is trimmed prior to packaging and shipping.
Trimming wastes may contain chromium and lead at potentially hazard-
ous levels (see Table C-8).
Sewer screenings result when wastewater is screened prior to
discharge for further treatment. Sewer screenings may contain chrom-
ium, lead, and zinc at potentially hazardous levels (see Table C-8).
Wastewater treatment sludges may contain chromium, copper, lead,
and zinc at potentially hazardous levels (see Table C-8).
C.9 Metal Smelting and Refining Industry
The hazardous waste characterization for the metal smelting and
refining industry (SIC Code 33) is based-upon information reported
by Calspan Corporation (1977). According to that report, potentially
hazardous wastes from the metal smelting and refining industry con-
sist primarily of wastewater treatment sludges, furnace slags, and
dusts.
Table C-9 lists the types of potentially hazardous waste streams
generated by the various metal smelting and refining operations.
Table C-10 lists the principal hazardous waste constituents
C-39
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TABLE C-9
POTENTIALLY HAZARDOUS WASTE STREAMS FROM METAL
SMELTING AND REFINING*
Metal category
Type of residualt
Primary copper, smelting and
fire refining
Primary copper electrolytic
refining
Primary lead
Primary zinc, electrolytic
Primary zinc, pyrometallurgical
Primary aluminum
Primary antimony, pyrometallurgical
Primary antimony, electrolytic
Primary titanium
Primary tungsten
Primary tin
Primary mercury
Acid plant sludges
Dusts
Miscellaneous slurries
Miscellaneous slurries
Acid plant sludge
Sinter scrubber sludge^
Acid plant sludger
Miscellaneous sludges^
Acid plant sludger
Retort residue ("blue
powder")t
Cadmium plant residue
Pot line scrubber, sludge^
Pot line skimmingst
Spent potlinersf
Cast house dust
Blast furnace slag
Anolyte sludge
Chlorination sludge
Digestion residue
Smelting slag
Condenser wastewater
C-40
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TABLE C-9 (Concluded)
Metal category
Type of residual"!"
Iron and steel
Ferromanganese
Silicomanganese
Ferrochrome
Ferronickel
Coke oven sludge
Waste ammonia liquor
Electric furnace dust
Electric furnace sludge
Primary mill sludge
Primary mill scale
Continuous caster sludge
Continuous caster scale
Hot rolling mill sludge
Hot rolling mill scale
Cold rolling mill sludge
Cold rolling mill scale
Cold rolling mill pickle
liquor
Tin plating mill sludge
Galvanizing mill sludge
Galvanizing mill pickle
liquor
Sludge
Sludge
Dust
Skull plant tailings
Sludge
*Calspan Corporation, 1977.
tResiduals immediately recycled to process (e.g., dusts) are not
included.
be recycled after storage periods of months to years.
C-41
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TABLE C-10
POTENTIALLY HAZARDOUS WASTE CONSTITUENTS GENERATED
BY METAL SMELTING AND REFINING INDUSTRY*
Industry category
Principal hazardous waste
constituents
Iron and steel
Ferroalloys
Iron and steel foundries
Primary copper smelting and
fire refining
Heavy metals
chromium
copper
lead
nickel
zinc
Fluorines
Cyanides
Phenols
Oil and grease
Heavy metals
cadmium
chromium
cobalt
copper
lead
nickel
zinc
Heavy metals
cadmium
chromium
copper
lead
nickel
zinc
Heavy metals
antimony
arsenic
c adtnium
chromium
copper
lead
mercury
nickel
selenium
zinc
C-42
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TABLE C-10 (Continued)
Industry category
Principal hazardous waste
constituents
Primary copper electrolytic refining
Heavy metals
antimony
arsenic
cadmium
chromium
copper
lead
mercury
nickel
selenium
zinc
Primary lead smelting and refining
Primary electrolytic zinc smelting
and refining
Primary pyrometallurgical zinc
smelting and refining
Heavy metals
antimony
arsenic
cadmium
chromium
copper
lead
mercury
zinc
Heavy metals
arsenic
cadmium
chromium
copper
. lead •
mercury
selenium
zinc
Heavy metals
arsenic
cadmium
chromium
copper
lead
mercury
selenium
zinc
C-43
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TABLE C-10 (Continued)
Industry category
Principal hazardous waste
constituents
Primary aluminum
Primary antimony
Primary mercury
Primary titanium
Primary tungsten
Heavy metals
copper
lead
Fluorides
Cyanides
Heavy metals
antimony
copper
lead
zinc
Heavy metals
antimony
chromium
copper
lead
mercury
nickel
zinc
Heavy metals
chromium
titanium
vanadium
Chlorides
Heavy metals
arsenic
copper
lead
zinc
Secondary copper
Heavy metals
copper
lead
nickel
tin
zinc
C-44
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TABLE C-10 (Concluded)
Industry category
Principal hazardous waste
constituents
Secondary lead
Secondary aluminum
Heavy metals
antimony
chromium
copper
lead
tin
zinc
Heavy metals
chromium
copper
lead
zinc
High salt slag
sodium
potassium
chloride
*Calspan Corporation, 1977.
C-45
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in waste streams from the various industry categories. The principal
hazardous waste constituents include heavy metals, fluorines, fluo-
rides, chlorides, cyanides, phenols, oils, and grease.
C.10 Electroplating and Metal Finishing Industries
The hazardous waste characterization for the electroplating and
metal finishing industries (SIC Code 3471) is based upon information
reported by Battelle Columbus Laboratories (1976). According to that
report, four types of potentially hazardous wastes are generated by
the electroplating and manufacturing industries:
• Water treatment sludges;
• Process waste;
• Degreaser sludges;
• Salt precipitates.
The major sources of water treatment sludges include rinse
waters from each plating step as well as spent preplating and post-
plating solutions. Process solution dragout from the workpieces, as
they are moved from tank to tank in plating operations, is rinsed in
continuously flowing water.
The rinse waters contain alkalies, acids with dissolved metals,
and possibly cyanides from the preplating steps. The metal or metals
being plated onto the workpieces appear as dissolved salts in the
rinse waters following metal deposition steps. Also present are
conductivity salts and additives which were introduced to enhance
electrodeposition or the properties of the deposits. Some plating
C-46
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processes incorporate a postplating step intended to alter the metal
surface by conversion or filming to improve the corrosion proper-
ties of the deposits. Dragouts from these solutions also contain
metals and chemicals.
In addition, preplating and postplating solutions are dumped as
spent baths into the water of the wastewater treatment system. Such
solutions include alkaline soak and electrolytic cleaners; acid and
cyanide dips; pickles; descaling baths; chemical and electrochemical
polishing baths; and oxidizing, phosphating, coloring, and conversion
coating solutions.*
Process wastes can be separated into two distinct categories,
i.e., preplating and postplating preparation wastes and miscellaneous
wastes. Preplating and postplating preparation wastes include grind-
ing, polishing, buffing, brushing, and abrasive blasting wastes.
Potentially hazardous constituents of these wastes include heavy
metal particulates, metal ions, lubricants, and buffing compounds.
Miscellaneous process wastes include metallics from used anodes,
plating racks, and rejects as well as such non-metallics as filter
cakes, worn tank linings, woven anode bags, coatings on plating
racks, anode sludges, oils from wastewater treatment, and chemical
containers. The non-metallic wastes may contain occluded or absorbed
process chemicals and other potentially hazardous wastes such as
*See Section C.ll for a more detailed discussion of specific consti-
tuents that may be present in electroplating wastewater streams.
C-47
-------
heavy metals, acid and alkaline cleaning compounds, plating salts,
organic additives, solvents, cyanides, and paints.
Degreaser sludges arise from reclaiming of both chlorinated
hydrocarbons, used to remove grease and oil from mechanically fin-
ished parts by polishing and buffing, and combinations of organic
chemicals, such as toluene, xylene, acetone, and methylene chloride,
used for paint stripping. These sludges contain heavy metals, dis-
solved greases and oils, buffing compounds, abrasives, paint pig-
ments, and organic solvents.
Salt precipitates from electroless nickel plating operations
are produced during the regeneration of the bath composed of calcium
orthophosphite and calcium sulfate. This particular type of waste
may not always be present because electroless nickel plating opera-
tions are not as common as electroplating and/or because small volume
solutions are not regenerated.
C.ll Special Machinery Manufacturing Industries
The hazardous waste characterization for the special machinery
manufacturing industries (SIC Codes 355 and 357) is based upon in-
formation reported by Wapora, Inc. (1977). According to that study,
potentially hazardous wastes from the special machinery manufacturing
industries are contained in the following major waste streams:
• Heat treating;
• Electroplating;
C-48
-------
• Machining*;
• Coating.
Heat treatment of metals is the process of heating and cooling
of a solid metal or alloy to obtain desired conditions or properties.
Potentially hazardous components in the waste stream from heat
treating include metal salts, quenching materials (oil, water, molten
metal salts, brine), coolants, solvents, alkaline and acid cleaners,
and still bottoms generated in reclaiming spent solvents. These
potentially hazardous components may be present separately or, more
likely, in combination in the waste stream. For example, waste
quenching oils may contain metal salts, cyanide salts, and solvents
as well as potentially hazardous additives, such as barium sulfonate,
originally present in the oil. Table C-ll lists typical constituents
of these waste components.
Electroplating is a process in which an adherent metallic coating
in the form of an electrolyte (aqueous solution of acids, bases, or
salts) is electrodeposited on the object being plated to obtain a
surface with properties or dimensions different from those of the
basis metal. Potentially hazardous components in the waste stream
from electroplating include acid and alkaline cleaners, solvents, and
plating solutions containing heavy metals and cyanides. Table C-ll
lists typical constituents of these waste components. Each of these
*Potentially hazardous waste streams from stamping, blanking and
forming operations, from plate and structural fabrication, and from
assembly operations are similar to those from machining and are not
discussed separately in this section.
C-49
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TABLE C-ll
TYPICAL CONSTITUENTS OF POTENTIALLY HAZARDOUS
WASTE STREAMS IN THE SPECIAL MACHINERY
MANUFACTURING INDUSTRIES*
OIL AND OIL ADDITIVES
Hydraulic Oils
rust inhibitors (imidazolines)
oxidation inhibitors (zinc dithiophosphate)
corrosion inhibitors (metal dithiophosphates)
foam inhibitors (silicones)
Lubricating Oils
detergents (barium sulfonate)
wetting agents (tri-o-cresyl)
adherence agents (oleic acid)
Cutting and Coolant Oils
bactericides
chlorinated fats
sulfochlorinated fats
corrosion inhibitors
foaming inhibitors
Quenching Oils
barium sulfonate
zinc dithiophosphate
sodium nitrate
antimony trioxide
METALS AND METAL COMPONENTS
Metal Salts (heat treating)
sodium cyanide
potassium cyanide
barium chloride
Plating Solutions
nickel sulfate
chromic acid
copper cyanide
cadmium oxide
zinc cyanide
silver cyanide
sodium stannate
C-50
-------
TABLE C-ll (Concluded)
METALS AND METAL COMPONENTS (Continued)
Structural Metals Particles
chromium
copper
nickel
tin
zinc
ACID AND ALKALINE CLEANERS
Acid Cleaners
sulfuric acid
nitric acid
phosphoric acid
chromic acid
fluoboric acid
hydrochloric acid
Alkaline Cleaners
sodium hydroxide
potassium hydroxide
trisodium phosphate
sodium cyanide
ORGANIC SOLVENTS
Aliphatic Hydrocarbons
kerosene
naphtha
Chorinated Hydrocarbons
methylene chloride
trichloroethylene
perchloroethylene
Alcohol
ethanol
methanol
Other
acetone
toluene
*Wapora, Inc., 1977.
C-51
-------
waste components may contain additional potentially hazardous materi-
als. For example, alkaline cleaners may contain oil, grease, pig-
mented drawing compounds, metal chips, cutting fluids, polishing and
buffing compounds, and scale. Electroplating wastes are generally in
liquid form and the various streams may be combined or kept separate.
Sludges containing heavy metals, such as cadmium, chromium, copper,
lead, nickel, and zinc, are generated by wastewater treatment of elec-
troplating wastes.
Machining is the removal of material in the form of chips from
metal parts, usually through the use of a machine tool. Potentially
hazardous components in the waste stream from machining include cut-
ting and cooking oils, solvents, and heavy metals mixed with cutting
oils (swarf). Table C-ll lists constituents of these waste compo-
nents.
Coating involves the application of paint and other types of
organic materials to metal surfaces. Potentially hazardous compo-
nents in the waste stream from coating include paints, solvents, and'
acid and alkaline cleaners. Paint wastes may contain potentially
hazardous constituents such as pigments, resins, oils, solvents,
plasticizers, metal organic soaps, non-metallic driers, bactericides,
and fungicides.* Table C-ll lists constituents of solvent and clean-
ing wastes. Cleaning wastes may also contain residues of the materi-
als removed from the surface of the metal, such as oil, phosphate,
*See Section C.4 for a more detailed discussion of potentially
hazardous paint wastes.
C-52
-------
chromic acid, waxes, inks, carbon black, and heavy metal particles.
Wastewater treatment of the coating waste stream generates sludges
containing heavy metals such as cadmium, chromium, copper, lead, and
zinc.
C.I2 Electronic Components Manufacturing Industry
The hazardous waste characterization for the electronic compo-
nents manufacturing industry (SIC Code 367) is based upon information
reported by Wapora, Inc. (1977a). According to that study, due to
the degree of design diversity within product areas of the electronic
components manufacturing industry, waste streams are characterized
according to the general chemical nature of process wastes rather
than by manufacturing process. The following categories of process
wastes were identified as being potentially hazardous:
• Halogenated solvents;
• Non-halogenated solvents;
• Wastewater treatment sludges;
• Oils;
• Paint wastes;
• Metal scrap;
• Concentrated cyanides;
• Concentrated acids or alkalies;
• Miscellaneous.
The halogenated solvent waste stream includes waste halogenated
solvents as well as still bottoms from in-plant solvent distillation
C-53
-------
and exhibits a wide range in the degree of contamination by other
materials. The still bottoms, for example, may contain a high con-
centration of oils, soldering flux, metal particles, non-metal par-
ticles, and metal ions. Heavy metals in the waste may include lead
and zinc. Potentially hazardous solvent waste constituents may in-
clude trichloroethylene, 1,1,1-trichloroethane, perchloroethylene,
freon, and methylene chloride.
The non-halogenated solvent waste stream also shows a wide range
in the degree of contamination by other materials. Contaminants
include heavy metals such as chromium, lead, and zinc. The non-
halogenated solvents used by the industry have, with few exceptions,
flash points below 100 F. Potentially hazardous waste constituents
include acetone, methanol, methyl ethyl ketone, and xylene.
Wastewater treatment sludges contain three categories of poten-
tially hazardous constituents: particulates, primarily as metal ox-
ides and metal salts; metal ions, including all of the metals used
for plating* as well as common metals such as lead, zinc, and iron;
and fluorides such as fluoride ions or silico-fluorides from silicon
wafer and glass etching.
Waste oils consist of hydraulic, lubricating, and cutting oils
and oil slurries. The waste oils are all petroleum distillates and
contain contaminants such as heavy metals and additives.t
*See Sections C.10 and C.ll for a more detailed discussion of elec-
troplating wastes.
tSee Section C.ll for a more detailed discussion of waste oil con-
stituents.
C-54
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The paint waste stream consists of waste paint as well as air
filters from spray painting operations, solvent and paint soiled
rags, and solvents used for paint clean up. Paint wastes may contain
potentially hazardous constituents such as pigments, resins, oils,
solvents, plasticizers, metal organic soaps, bactericides, and
fungicides*.
Metal scrap, concentrated cyanide, and concentrated acid or
alkaline wastes would have many of the same constituents as similar
wastes from the special machinery manufacturing (see Section C.ll).
According to Wapora, Inc., these three waste streams are not
generally disposed by the electronic components manufacturing indus-
try. Metal scrap, except beryllium oxide, is usually sold to metal
reclaimers. The cyanides, acids, and alkaline wastes are typically
oxidized and neutralized by wastewater treatment.
C.I3 Storage and Primary Batteries Industries
The hazardous waste characterization for the storage (SIC Code
3691) and primary (SIC Code 3692) batteries industries is based upon
information reported by Versar, Inc. (1975a). According to that
report, the two different categories of battery production (storage
and primary) produce hazardous waste streams which vary greatly in
nature. The potentially hazardous constituents within each of the
waste streams also vary according to the type of battery being
produced.
*See Sections C.4 and C.ll for a more detailed discussion of poten-
tially hazardous constituents of paint wastes.
C-55
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Hazardous wastes from the storage battery industry consist
largely of sludges from treatment of wastewater streams along with
a much lesser amount of rejected and scrap batteries and components.
Wastewater streams are generated by electrolytic forming processes
and by washing and rinsing steps in the storage battery production.
These wastewater streams contain heavy metals and the various elec-
trolytic solutions. Quality control practices lead to the rejecting
of cells, plates, and entire batteries which contain heavy metals and
their compounds. Scrap and waste materials from the storage battery
production also contain heavy metals and their compounds. Table C-12
shows typical waste streams and hazardous constituents within the
waste streams for the four major types of storage batteries produced.
Hazardous wastes from the primary battery industry consist
almost exclusively of batteries and cells rejected during quality
control operations. These rejected and scrap cells and batteries
contain heavy metals and their compounds. For a few types of primary
batteries, wastewater streams are also produced; however, for the
most part, primary battery production can be characterized as not
using process water in the production operation. Sludges from appli-
cable wastewater treatment contain heavy metals. Table C-13 shows
typical waste streams and hazardous constituents for nine types of
primary battery production.
C-56
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TABLE C-12
POTENTIALLY HAZARDOUS WASTE STREAMS FROM
THE PRODUCTION OF STORAGE BATTERIES*
Battery type
Waste stream and
.hazardous constituents
Typical waste
stream composition
Lead-acid
o
Ul
Nickel-cadmium
Cadmium-silver
oxide
Wastewater effluent treatment sludges
containing suspended lead, lead sulfate,
and lead hydroxide or calcium sulfate
sludge containing lead.t
Rejected and scrap grids, pastes and
plates containing lead and its compounds.
Wastewater effluent treatment sludges
containing cadmium hydroxide and
nickel hydroxide.
Rejected and scrap cells containing
cadmium and nickel and their compounds.
Wastewater effluent treatment sludges
containing cadmium hydroxide and silver
oxide (reclaimed).
Sludge - 80% solids
containing lead hy-
droxide and lead sul-
fate
Sludge - 35% solids
containing calcium
sulfate
NA*
Sludge - 35% solids
composed of 35% nickel
hydroxide and 65%
calcium hydroxide
12% nickel, 43% cadmium
NA*
-------
TABLE C-12 (Concluded)
Battery type
Waste stream and
hazardous constituents
Typical waste
stream composition
Zinc-silver oxide
Rejected and scrap cells containing
cadmium and silver oxide (reclaimed)
Rejected and scrap cells containing
zinc oxide-hydroxide, silver oxide,
and mercury (reclaimed).
NA*
NA*
o
Ln
00
*Versar, Inc., 1975a.
tAccording to industry sources, all rejected and scrap wastes are recovered and sent
to lead smelters for processing as secondary lead.
TNA - not available.
-------
TABLE C-13
POTENTIALLY HAZARDOUS WASTE STREAMS FROM
THE PRODUCTION OF PRIMARY BATTERIES*
Battery type
Waste stream and hazardous constituents
Typical waste
stream composition
Carbon-zinc
n
Ui
VO
Carbon-zinc air
cell
Alkaline-manganese
Mercury
Weston mercury cell
Rejected and scrap batteries containing
mercury, zinc, cadmium, and lead.
Rejected and scrap batteries containing
mercury and zinc.
Rejected and scrap batteries containing
mercury and zinc.
Scrap batteries and furnace residue
containing mercury and zinc.
Rejected and scrap batteries containing
mercury, mercuric sulfate, and
cadmium sulfate.
1% mercury
19% zinc
2.5% zinc chloride
>1% lead
>1% cadmium
0.1% mercury
30% zinc
1% mercury
16% zinc
1% mercury
56% zinc
18.5% mercury
6.2% mercuric sulfate
7.9% cadmium sulfate
4.4% cadmium
Magnesium-carbon
Zinc-silver oxide
Wastewater effluent treatment sludges
containing trivalent chromium carbonate
hydroxide.
Rejected and scrap batteries containing
zinc, silver, and mercury
Sludge - 50% solids
NAt
-------
TABLE C-13 (Concluded)
Battery type
Waste stream and hazardous constituents
Typical waste
stream composition
n
ON
o
Lead acid reserve
Magnesium reserve
cells
Rejected and scrap batteries containing
lead and nickel.
Wastewater effluent treatment
sludges containing lead and nickel.
Wastewater effluent treatment sludges
containing nickel and lead.
Rejected and scrap batteries containing
silver chloride (reclaimed) or copper
chloride.
55% lead
31% nickel
Sludge - 35% solids
composed of 26% lead
hydroxide and 74%
nickel hydroxide
NAt
NAt
* Versar, Inc., 1975a.
t NA - not available
-------
APPENDIX D
TREATMENT AND DISPOSAL OF HAZARDOUS WASTES
This appendix describes typical methods and practices used in
the treatment and/or disposal of hazardous wastes. General treatment
and disposal methods are first discussed along with the type of waste
amenable to treatment or disposal by each method. Where available
data permit, estimates of the quantity of hazardous waste treated
or disposed by each method are presented. Following this discussion,
existing hazardous waste treatment and disposal practices are charac-
terized for the thirteen manufacturing industries discussed in Appen-
dix C.
D.I Treatment Methods
The treatment of hazardous wastes is directed toward separating
the hazardous components from the non-hazardous components of the
waste stream, concentrating the hazardous wastes, rendering the
wastes less hazardous, reducing the volume of waste requiring ulti-
-mate-disposal, and/or recovering and reclaiming materials or energy
from the waste. There are four basic types of methods typically
used for the treatment of hazardous wastes. These are:
• Physical treatment;
• Chemical treatment;
• Biological treatment;
• Thermal treatment.
Treatment of a hazardous waste is at times limited to the appli-
cation of just one of the above methods. However, in many instances,
D-l
-------
especially in the case of wastewater treatment or resource recovery,
several of the methods are used in the course of treating the waste
(resource recovery is discussed in Appendix E).
It should be noted that the treatment of hazardous wastes using
the above methods does not typically constitute ultimate disposal of
the waste. Treatment generally produces a residual (e.g., sludge,
ash, still bottom, concentrated waste) which may be hazardous and
which is typically disposed using the methods described in Section
D.2. For example, many of the various physical, chemical, and bio-
logical treatment methods are used as part of primary, secondary, or
tertiary wastewater treatment and produce a sludge which is poten-
tially hazardous (see Appendix C) and which is disposed as discussed
in Section D.3.
D.I.I Physical Treatment. Physical treatments are used to
remove soluble and suspended constituents from aqueous waste streams
and to concentrate various constituents of the waste stream. The
physical treatment methods in widespread use include: carbon sorp-
tion, stripping processes, filtration, gravity separation, floccula-
tion, and evaporation.
D.I.1.1 Carbon Sorption. In carbon sorption, the waste solu-
tion is brought into contact with solid carbon, and solute particles
are either absorbed or adsorbed by the carbon. The amount of sorbate
held by a given quantity of carbon depends upon the surface to volume
ratio of the carbon and the intensity of any attractive forces
D-2
-------
between the two. Carbon sorption can remove organic wastes, heavy
metals, and other inorganics from water. Short-chain polar molecules
such as methanol, formic acid, and acetone have low removal efficien-
cies by carbon (Office of Solid Waste Management Programs, 1974a).
The greatest applicability of carbon sorption is in processing waste
streams which are not amenable to biological treatment because of
their content of toxic chemicals and/or the refractory nature of
their organic constituents (TRW, Inc., 1976).
In some applications, the ultimate disposal of the sorbate is
accomplished as part of the thermal reactivation of the spent carbon
by heating the spent carbon in a multiple hearth furnace or rotary
kiln; the sorbate is destroyed by pyrolysis/oxidation in the process
(Cheremisinoff, 1975; TRW, Inc., 1976). In other applications (e.g.,
processing of the brine wastewater from trifluralin manufacture), the
spent carbon is containerized and placed in storage (TRW, Inc.,
1976).
D.I.1.2 Stripping-Processes. Stripping processes are used to
remove volatile materials from liquid streams. These processes are
generally employed to remove relatively small quantities of volatile
pollutants from large volumes of wastewater. Stripping is essen-
tially a low-temperature distillation process in which reduction of
effective vapor pressure by the introduction of the stripping med-
ium replaces the high temperature requirement. The two types of
stripping agents commonly used are steam and inert gas.
D-3
-------
The stripping of hydrogen sulfide and ammonia from sour water
is probably the most common use of stripping employed by the petro-
chemical industry for waste treatment. The major stripping agents
used to remove these contaminants are steam, natural gas, and flue
gas. Phenols can be removed from aqueous waste streams by steam
stripping when a wastewater is subject to short variations in temper-
ature, specific gravity, phenol concentrations, and suspended solids.
Some volatile organic compounds can be stripped from aqueous wastes
by using air as the stripping agent (Booz-Allen Applied Research,
Inc., 1973).
D.I.1.3 Filtration. Filtration involves the separation of
the solid and liquid phases of aqueous slurry by means of a porous
medium. The filtration is accomplished by forcing the aqueous slurry
through the filter medium—retaining screens, cloths, or particulates
such as sand, gravel, or diatomaceous earth—using gravity, pressure,
or a vacuum as the driving force (Versar, Inc., 1975; Powers, 1976).
Particles that are larger than the pore size of the filter medium
build up as a cake on the filter and have to be removed periodi-
cally. The capacity of the process is determined by the flow rate
of the filtrate through the filter cake (Office of Solid Waste Man-
agement Programs, 1974). Filtration is used for applications ranging
from dewatering of sludges to removal of the last traces of suspended
solids to give clear filtrates (Versar, Inc., 1975).
D-4
-------
D.I.1.4 Gravity Separation. Gravity separation includes both
the removal by flotation of materials less dense than water, such as
oils and air-entrained particulates, and the removal by sedimenta-
tion of suspended materials that are more dense than water.
Sedimentation and flotation techniques commonly employ chemical
conditioners to enhance the separation process (Booz-Allen Applied
Research, Inc., 1973).
Sedimentation. In sedimentation, a waste-containing aqueous
suspension is placed in a tank, lagoon, or basin and the suspended
particles allowed to settle out; the fluid left above the solid bed
may then be removed. If the process is continued long enough, a
packed bed similar to a filter cake results (Office of Solid Waste
Management Programs, 1974a). In order to hasten the process, sed-
imentation has been used in conjunction with centrifugal force in
large centrifuges (Powers, 1976).
Flotation. Flotation consists of both natural flotation and
air flotation. In natural flotation substances lighter than water
(e.g., oil and grease) tend to rise naturally to the surface of
still wastewaters where they are skimmed off. In air flotation,
air is dissolved in the wastewater using pressure, diffusion, or me-
chanical dispersion. When the wastewater is exposed to a vacuum or
to the atmosphere when pressure is used), air bubbles are released
which carry suspended materials to the surface where they are held
by the air bubbles and flotation reagents (Fair et al., 1968).
D-5
-------
D.I.1.5 Flocculation. Flocculation is used when it is diffi-
cult to separate suspended waste particles from their liquid medium.
Particles in this category include those in the low and fractional
micrometer size range since they settle too slowly for sedimentation
or centrifugation and may be difficult to filter. With the aid of
flocculating chemicals (e.g., alum, ferric chloride, poly electro-
lytes), these particles can be aggregated and removed (Office of
Solid Waste Management programs, 1974a).
D.I.1.6 Evaporation. Evaporation ponds (lagoons) are used for
the containment/disposal of liquid wastes, primarily by solar evapo-
ration. Depending on the wastewater volume, evaporation ponds con-
sist of small concrete tanks, large earthen depressions, or basins.
To increase the rate of evaporation, some ponds have mechanical sur-
face aerators or sprayers. Evaporation is most successful in areas
with high rates of evaporation, low annual rainfall, and a relatively
warm climate. In addition to the loss of water by evaporation, and
depending on wastewater characteristics, a number of other treatment
processes may also be carried on concurrently in an evaporation pond.
These processes include sedimentation, biochemical oxidation, precip-
itation, and chemical oxidation (TRW, Inc., 1976).
D.I.2 Chemical Treatment. Chemical treatments are used to
alter the molecular structure of hazardous wastes so as to render
them less hazardous or to separate specific constituents of the
hazardous waste stream. Chemical treatment methods in widespread
D-6
-------
use include: neutralization, precipitation, oxidation, reduction,
ion exchange, and chemical fixation.
D.I.2.1 Neutralization. Neutralization is the process by which
acids and caustic wastes are reacted either with each other or with
other acids or caustics to form neutral salts. The resulting salts
are usually less hazardous than either of the reactants; the resul-
tant salt may also be insoluble and precipitate from the solution
(Versar, Inc., 1977). Neutralization methods include: mixing to
achieve a near-neutral pH, passing acid wastes over limestone, mixing
acids with lime slurries, adding soda ash to acid wastewaters, blow-
ing waste boiler-flue gas through alkaline wastes, adding compressed
carbon dioxide to alkaline wastes, and adding sulfuric acid to alka-
line wastes (Versar, Inc., 1975). Neutralization is commonly used in
wastewater treatment.
D.I.2.2 Precipitation. Precipitation is used to remove heavy
metals and other soluble chemicals from waste streams. The waste
stream is reacted with a chemical which causes the formation of an
insoluble or precipitated product that can be removed by sedimenta-
tion, centrifugation, or filtration. In the battery industry, for
example, lime and sodium hydroxide cause lead and nickel to precip-
itate out of the acidic wastewater (Versar, 1975a). Precipitation
reactions tend to generate heavy suspended solid loads.
D.I.2.3 Oxidation. Oxidation processes are used to treat both
organic and inorganic waste streams containing strong reducing agents
D-7
-------
in order to convert these waste streams to a less hazardous state.
Oxidation may be achieved using oxygen, chlorine, hypochlorites,
ozone, peroxides, or other common chemicals as the oxidizing agent.
Chlorine oxidation is commonly used in treating cyanide-containing
wastes (Office of Solid Waste Management Programs, 1974a). Wet oxida-
tion, in which organic materials in a liquid state are oxidized under
high pressure at moderate temperatures (see heat treatment methods),
is used in the pharmaceutical industry when incineration is not fea-
sible (Arthur D. Little, Inc., 1976b). Oxidation processes are ex-
othermic and may allow for energy recovery in some instances (Powers,
1976).
D.I.2.4 Reduction. Reduction processes are used to treat both
organic and inorganic waste streams containing strong oxidizing
agents in order to convert these waste streams to a less hazardous
state. Reduction may be achieved by using sulfur dioxide, sulfite
salts, ferrous sulfate, or other chemicals as the reducing agent.
For example, in the leather tanning and finishing industries, hexa-
valent chromium is typically reduced to the less hazardous trivalent
form with sulfur dioxide or bisulfites (SCS Engineers, Inc., 1976).
D.I.2.5 Ion Exchange. Ion exchange involves the use of a
packed bed of resin to selectively collect anions or cations from
solution. Wastewater is passed over the resin until all exchange
sites in the resin are placed; then the resin is regenerated and
D-8
-------
re-used. In the metal finishing industry, for example, the ion
exchange method is used to remove waste chromic acid from rinse
water. When the resin is saturated with chromate, it is regenerated
using a sodium hydroxide solution. The regenerated sodium chromate
is passed through a cation exchanger to yield chromic acid, which
can be re-used in the plating operation (Grumpier, 1977).
D.I.2.6 Chemical Fixation. Chemical fixation involves mixing
hazardous wastes, primarily sludges, with inorganic chemicals and
catalysts to tie up hazardous components, thus reducing leachability
and rendering the waste less hazardous. There are a number of such
processes which produce solids ranging from crumbly soil-like mate-
rials to concrete and ceramic slags (Versar, 1975).
D.I.3 Biological Treatment. Biological treatment involves the
use of microorganisms to remove organic materials present in waste-
water by adsorption and direct metabolism. The degradation rate of
an organic compound is a function of the molecular structure of the
compound, the genera and species of microorganisms utilizing it as a
food source, and the time required for the microorganism to develop
the enzymes necessary for substrate utilization. While there are
much contradictory data relating the molecular structure of a
compound to its biodegradability, the amenability or resistance of
certain groups of organic compounds to biological oxidation is
extensively documented (Booz-Allen Applied Research, Inc., 1973). In
general:
D-9
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• Aliphatic or cyclic aliphatics are usually more susceptible
to biological degradation than aromatics.
• Unsaturated aliphatics, such as acrylics, vinyl, and car-
bonyl compounds are generally biodegradable.
• Molecular size is significant concerning the biodegradabil-
ity of an organic compound. Polymeric and complex molecular
substances have shown resistance to biological degradation,
part of which is attributed to the inability of the neces-
sary enzymes to approach and attack susceptible bonds
within the molecular structure.
• Structural isomerisms in organic compounds affect the
relative biodegradability of many compound classes. For
example, primary and secondary alcohols are extremely
degradable while tertiary alcohols are resistant.
• The addition or removal of a functional group affects the
biological oxidation. A hydroxyl or amino substitution to
a benzene ring renders the compound more degradable than
the parent benzene, while a halogen substitution causes it
to be less biodegradable.
• Many organic compounds are extremely biodegradable at low
concentrations but are bio-static or bio-toxic at higher
concentrations.
The presence of certain materials can adversely affect the bio-
logical treatment system; these substances may need to be removed,
using other treatment processes previously discussed, before biolog-
ical treatment can be undertaken. For example, oils are difficult
for most microorganisms to metabolize due to their low water solu-
bility. Inorganic and non-biodegradable organic suspended solids
tend to build up in a treatment system, decreasing the proportion of
active biological solids, and thus adversely affecting the treatment
efficiency. Sulfides react with dissolved oxygen and reduce the
available oxygen to the organisms. Heavy metals are toxic and must
D-10
-------
be removed or reduced to safe levels. Also, waste streams with
potentially toxic organic compounds need to be separated and treated
prior to discharge into the biological treatment system (Booz-Allen
Applied Research, Inc., 1973). The biological treatment methods in
typical use include: trickling filters, activated sludge, aerated
lagoons, and waste stabilization ponds.
D.I.3.1 Trickling Filters. A trickling filter consists of a
packed bed of stones or synthetic materials covered by a microbial
film. As the wastewater passes over the filter medium and trickles
downward, biodegradable materials are oxidized. The "filtered"
liquid is collected and discharged at the bottom. Trickling filters
are commonly used in industrial waste treatment as "roughing devices"
designed to equalize and reduce organic loads to activated sludge or
aerated lagoon processes. Trickling filters have been employed in
the treatment of acetaldehyde, acetic acid, acetone, acrolein, alco-
hols, benzene, butadiene, chlorinated hydrocarbons, cyanides, epi-
chlorohydrin, formaldehyde, formic acid, ketones, monethanolamines,
phenolics, propylene dichloride, terpenes, ammonia, ammonium nitrate,
nylon and nylon chemical intermediates, resins, and rocket fuels
(Office of Solid Waste Management Programs, 1974a).
D.I.3.2 Activated Sludge. The activated sludge process con-
sists of adding a biological population to wastewater sludge in the
presence of dissolved oxygen produced by aeration. The organisms
digest the organic components of the sludge and then settle out by
D-ll
-------
gravity to be used again. The activated sludge process is most
adaptable for treating biodegradable organic wastes with influent
biological oxygen demand (BOD) less than 3000 mg/1 (Ottinger, et al.,
1973). The process has been used in the treatment of refinery,
petrochemical and biodegradable organic wastewaters (Office of Solid
Waste Management Programs, 1974a).
D.I.3.3 Aerated Lagoon. Aerated lagoons consist of surface
impoundments in which organic waste stabilization is accomplished
through continuous contact of the wastewater with a biological
population. Oxygenation of the lagoon is generally provided by
mechanical aeration.
There are two general types of aerated lagoons: aerobic lagoons
and facultative lagoons. In the aerobic lagoon, all biologic solids
are kept in suspension to insure aerobic conditions. In the facul-
tative lagoon, sludge settling is allowed to occur and, as a result,
aerobic biochemical oxidations takes place near the surface and an-
aerobic decomposition takes place in the bottom of the basin. High
levels of treatment are not generally achieved in aerated lagoons
because of the BOD and chemical oxygen demand (COD) associated with
the effluent suspended solids and the relatively small number of
active biological solids in contact with the wastewater. Aerated
lagoons are particularly sensitive to transient organic loadings,
toxic substances, and temperature changes (Booz-Allen Applied
Research, Inc., 1973; Ottinger et al., 1973).
D-12
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D.I.3.4 Waste Stabilization Ponds. In waste stabilization
ponds, wastewaters are stored in large, shallow surface impoundments
under conditions that favor the growth of algae and the natural
process of bacterial and algal symbiosis. Stabilization occurs when
organics are converted to inorganics through the metabolic activity
of the algae, aided by surface aeration (Office of Solid Waste Man-
agement Programs, 1974a).
The BOD removal in stabilization ponds is comparable to that in
other biological treatment processes, but the COD reduction capacity
is often higher. However, highly colored substances reduce sunlight
penetration and cause reduced photosynthesis, often affecting COD
removal capacities (Booz-Allen Applied Research, Inc., 1973).
D.I.4 Thermal Treatment. Thermal treatments employ heat to
destroy hazardous wastes, to render the waste less hazardous, and
to recovery energy and materials from the waste. To the extent that
thermal treatment produces a hazafdous ash or residual that requires
disposal, thermal treatment constitutes a treatment method rather
than a disposal method. Thermal treatments in typical use include:
open burning, open pit burning, incineration, and high temperature
processing.
D.I.4.1 Open Burning. Open burning is defined under the
Subtitle C regulations as the combustion of any material without
control of combustion air to maintain adequate temperature for
efficient combustion, containment of the combustion-reaction in an
D-13
-------
enclosed device to provide sufficient residence time and mixing for
complete combustion, or emission of the combustion products through
a stack or vent adequate for both visual monitoring and point source
sampling. Open burning of hazardous wastes results in the uncon-
trolled release of hazardous gases and particulate matter. Open
burning, is being phased out due to the implementation of the Clean
Air Act. It should be noted that open burning is still used to
dispose of those explosive wastes for which there is no alternative
treatment or disposal method available, e.g., white phosphorus
shells, certain surplus rocket motors, and items too deteriorated
for safe disassembly (Shapira et al., 1978).
D.I.4.2 Open Pit Burning. Open pit burning is a form of open
burning which consists of a 10 foot to 30 foot deep pit with a row
of air nozzles directed downward at an angle of 25° to 35° across
the back that create a rolling action of high velocity air over the
burning zone. Wastes are introduced by means of loading ramp
opposite the nozzles. A screen across the top of the incinerator
prevents escape of large airborne particles and controls insects and
rodents. Open pit burning has been used extensively to burn indus-
trial trash, tars, and sludges (Powers, 1976).
D.I.4.3 Incineration. Incineration is defined under the Sec-
tion 3004 regulations as an engineered process using controlled flame
combustion to thermally degrade materials (e.g., hazardous wastes).
Devices normally used for waste incineration include rotary kilns,
D-14
-------
fluidized bed incinerators, multiple hearth incinerators, and liquid
injection incinerators.
Rotary Kilns. Rotary kilns consist of a slowly rotating com-
bustion chamber that is slightly inclined to the horizontal; the
kiln rotates around its longitudinal axis during combustion and
continually mixes the waste materials and exposes fresh surfaces for
combustion. Rotary kilns can be used for the incineration of combus-
tible solids, gases, liquids, tars, and sludges as well as for waste
chemical warfare agents and munitions. Combustion temperatures vary
according to the characteristics of the waste material being incin-
erated, but normally vary from 810 C to 1650 C; residence times typ-
ically vary from several seconds to hours, depending upon the waste
(Reynolds, Smith and Hills, 1977; Scurlock et al., 1975).
Fluidized Bed Incinerator. Fluidized bed incinerators es-
sentially consist of a vessel containing a bed of inert granular
particles, such as sand, through which pressurized air is forced
upward. The air causes the bed to behave like a dense, fluid-like
mass. Wastes are injected into the fluidized material and combusted.
The constant bed agitation creates an effective mixing of the wastes
with the air and also allows larger waste particles to remain sus-
pended until combustion is completed.
Fluidized bed incinerators can be used for combustible solid,
liquid, and gaseous waste materials. Fluidized bed incinerators have
been used for waste treatment and disposal in the petroleum and paper
D-15
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industries and for incineration of sewage sludge. Combustion temper-
atures typically range from 760 C to 870 C; the maximum temperature
that can be used for fluidized bed incinerators with sand beds is
1090 C. Residence times typically vary from seconds for gases to
longer times for solids (Reynolds, Smith and Hills, 1977; Scurlock
et al, 1975; Jacobs Engineering Company, 1976).
Multiple Hearth Incinerators. The multiple hearth incinerator
consists of a refractory-lined, circular, steel shell with refractory
hearths located one above the other. Wastes enter at the top and
drop from one hearth to the next with the residual ash falling to the
floor of the incinerator. Multiple hearth incinerators were origi-
nally developed for incineration of sewage sludge, but are now also
used for tars, solids, gases, and other combustible wastes. When
sludge is incinerated, the multiple hearth has three operating zones:
drying, incineration, and ash cooling. Temperatures range from 315 C
to 540 C in the drying zone and from 760 C to 980 C in the incinera-
tion zone. Residence times typically range up to several hours for
solids (Reynolds, Smith and Hills, 1977; Scurlock et al., 1975).
Liquid Injection Incinerators. Liquid injection incinerators
consist of either vertical or horizontal units into which an atomized
liquid waste is fed. The waste is atomized mechanically or with
steam or air. Liquid injection incinerators can be used for almost
all combustible liquid wastes (including slurries) which have a vis-
cosity of less than 1000 Saybolt Universal Seconds. Operating units
D-16
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are incinerating such wastes as chlorinated hydrocarbons, sulfur con-
taining compounds, DDT, solvent fumes, and mustard gas. Combustion
temperatures range from 650 C to 1650 C with most units operating
around 870 C. Residence times typically range from 0.1 to one second
(Reynolds, Smith and Hills, 1977; Scurlock et al., 1975).
D.I.4.4. High Temperature Processing. High temperature proces-
sing involves the use of heat and/or pressure to decompose, oxidize,
volatilize, distill, or affect other changes in wastes. Types of
high temperature processing include calcination, wet oxidation, and
pyrolysis.
Calcination. Calcination is a thermal decomposition process,
generally operated at atmospheric pressure, that can be applied to
aqueous slurries, sludges, and tars to drive off volatiles and to
produce a dry powder or calcined solid. Typical calciners include
the open hearth, rotary kiln, and fluidized bed. Calcination is
particularly useful when a one-step process is required to deal with
a complex waste, as it destroys organic components and leaves inor-
ganic components in a form generally more acceptable for recovery
or landfilling. Calcination may be used to decompose salts or other
compounds to form an oxide that is generally more stable or reusable
than the original waste. Typical examples are the calcination of
carbonates, hydroxides, sulfites, sulfides, sulfates, and nitrates to
corresponding oxides with evolution of carbon dioxide, water, sulfur
dioxide, and nitrogen oxides, respectively (Versar, 1977).
D-17
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Wet Oxidation. Wet oxidation is a physical/chemical process
capable of breaking down organic materials through flameless oxi-
dation. Solids are first solubilized and complex hydrocarbons are
broken down via hydrolysis reactions. The relatively simple hydro-
carbons are then oxidized to alcohols, aldehydes, acids, and ulti-
mately to carbon dioxide and wastes. The process is carried out at
temperatures in the range 150 C to 340 C and at high pressure on the
order of 316,000 to 1,750,000 kilograms per square meter. Residence
times typically range from 10 to 30 minutes. The process has been
applied to stabilization of sewage sludge. However, it appears to
have a relatively low destruction efficiency for organics and also
produces organic breakdown products (Scurlock et al., 1975).
Pyrolysis. Pyrolysis is a process whereby organic material is
thermally decomposed into its solid, liquid, and gaseous consti-
tuents through destructive distillation in the absence of oxygen.
Typical gaseous products include steam, carbon dioxide, carbon
monoxide, hydrogen, and methane; the liquid condensate may contain
methane, ethane, other alcohols, acids, and tars; the solid residue
or char contains carbon and ash. Pyrolysis processes for energy
recovery from solid wastes are currently being demonstrated, but are
not yet available on a commercial scale (Energy Research and Devel-
opment Administration, 1977; Levy, 1975).
Inorganic Waste Treatment. Although not flammable, inorganic
hazardous wastes in some cases can be decomposed, smelted, roasted,
D-18
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volatilized, and/or distilled in fashion similar to recovery of
metals from ores. For example, mercury can be driven from wastes by
heating in furnaces and retorts, condensed in chilled heat exchang-
ers, and recovered. Smelting operations are also widely used for
metal recovery from hazardous metallic wastes (Versar, Inc., 1975).
D.2 Methods for Ultimate Disposal
Ultimate disposal involves the discharge, deposit, injection,
dumping, spilling, leaking, or placing of any hazardous waste into or
on any land or water so that such waste or any constitutent thereof
may enter the environment or be emitted into the air or discharged
into any waters, including groundwaters. Methods typically used for
ultimate disposal of hazardous wastes include: open dumping, land-
filling, landfarming, surface impoundment (lagooning), incineration,
deep-well injection, discharge to municipal sewer systems, surface
discharge, to streams and rivers, ocean dumping, road application,
and detonation. In addition, engineered storage is used in some in-
stances when there is no known safe method of treatment or disposal
of a hazardous waste.
Several of the above disposal methods are regulated under other
Federal acts and are not regulated under Subtitle C of RCRA. Ocean
dumping is regulated under the Marine Protection, Research and Sanc-
tuaries Act of 1972. Surface discharges to navigable waters and
discharges to municipal sewer systems are both regulated under the
Federal Water Pollution Control Act; furthermore, wastes put directly
D-19
-------
into a domestic sewer line at the point of generation and wastes in
regulated point source industrial discharges cannot be considered a
hazardous waste because RCRA specifically excludes from the defini-
tion of hazardous wastes any "solid or dissolved materials in domes-
tic sewage...or industrial discharges which are point sources subject
to permits [National Pollutant Discharges Elimination System (NPDES)]
under section 402 of the Federal Water Pollution Control Act." Deep-
well injection is regulated under the Safe Drinking Water Act.
D.2.1. Open Dumping. Open dumps are uncovered land disposal
sites where wastes are deposited with little or no regard for pol-
lution control, containment, or aesthetics. Wastes in such dumps are
susceptible to open burning (accidentally or intentionally) and
leaching. In addition, they are exposed to the elements, vectors,
and scavengers.
Open dumping has been a prevalent form of hazardous waste dis-
posal in the past. While there is no national inventory of privately
owned industrial land disposal sites, it is estimated that there were
about 18,500 land disposal sites which accepted municipal wastes in
1974 and about 16,000 in 1976 (Waste Age, 1977); most of these sites
also received some industrial wastes and most were open dumps or
poorly sited and operated landfills (Office of Solid Waste Management
Programs, 1977). Industries in which open dumping of potentially
hazardous wastes has been a prevalent practice include the metal
smelting and refining industry, the inorganic chemicals industry,
D-20
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the leather tanning industry, the electroplating and metal finish-
ing industries, and the special machinery manufacturing industries
(Calspan Corporation, 1977; Versar, Inc., 1975; SCS Engineers, Inc.,
1976; Battelle Columbus Laboratories, 1976; Wapora, Inc., 1977).
Open dumping of solid wastes is prohibited under Subtitle D of
RCRA and such open dumping is to be eliminated within five years from
the date of the publication of the inventory of open dumps required
under Subtitle D.
D.2.2 Landfills. The use of landfills is one of the major
practices currently used for the disposal of hazardous wastes
(Industry Studies, 1975-1978). Data are not available to estimate
the total quantity of hazardous wastes disposed in landfills. How-
ever, it has been estimated that annually during the period.from 1973
to 1975, nearly a third of the hazardous wastes from 14 manufacturing
industries were disposed of in open dumps and landfills and that less
than eight percent of this disposal was in secure landfills (Office
of Solid Waste, unpublished data). . Landfills may be classified as
general purpose landfills, sanitary landfills, and secure landfills.
D.2.2.1 General Purpose Landfills. General purpose landfills
are land disposal sites located without regard to possible effects
on water resources, but which employ intermittent or daily cover to
minimize scavenger, aesthetic, vector, and air pollution problems.
General purpose landfills do not have provisions for special contain-
ment, monitoring, or leachate treatment. According to the Industry
D-21
-------
Studies, the vast majority of the industrial hazardous wastes that
are disposed in landfills are disposed in general purpose landfills.
D.2.2.2 Sanitary Landfills. Sanitary landfills are disposal
sites employing an engineered method to dispose solid wastes on land
in a manner that reduces environmental hazards by spreading the
wastes in thin layers, compacting the waste to the smallest practical
volume, and compacting with cover material at the end of each
operating day. Sanitary landfills do not usually have provisions for
special containment, monitoring, or leachate treatment. There is no
inventory of industrial sanitary landfills; however, a survey of
municipal landfills (Waste Age, 1977) indicated that in 1976 there
were about 5,800 landfills recognized as sanitary landfills in
compliance with state regulations; most of these receive some
industrial wastes. According to the Industry Studies (1975-
1978), a small portion of the industrial hazardous wastes that are
disposed in landfills are disposed in sanitary landfills.
D.2.2.3 Secure Landfills. Secure landfills are land disposal
sites that allow no hydraulic connections with natural waters, segre-
gate wastes, have restricted access, and are continuously monitored.
According to the Industry Studies (1975-1978), a negligible portion
of the industrial hazardous wastes that are disposed in landfills is
disposed in secure landfills. The total number of secure landfills
is unknown. However, in 1976 there were about 100 municipal land-
fills with impermeable linings and about 200 with leachate collection
D-22
-------
systems (Waste Age, 1977). In addition, it is estimated that there
were 20 secure commercial landfills in 1977 (Straus, 1977).
D.2.3 Landfarming. Landfarming involves the application of
wastes onto land and incorporation into the surface soil, for the
purpose of attenuation. Landfarming is also commonly called land
application, land cultivation, land irrigation, land spreading,
soilfarming, and soil incorporation.
Wastes amenable to landfarming are those that contain consti-
tuents that can be decomposed by soil microorganisms. Currently,
wastewater treatment sludges account for nearly all of the wastes
being landfarmed; approximately 25 percent of the five million metric
tons (dry weight) of municipal wastewater treatment sludge generated
annually is landfarmed, primarily on agricultural lands (Office of
Solid Waste, 1978). Data are not available as to the portion of
these sludges that are potentially hazardous. Limited data are
available as to the extent of landfarming of hazardous manufacturing
wastes. These data indicate that only a few manufacturing industries
have well established landfarming practices. For example, over eight
percent of the potentially hazardous wastes from the petroleum re-
fining industry have been disposed by landfarming in recent years
(Jacobs Engineering Company, 1976); small quantities of potentially
hazardous sludges from the leather tanning and finishing industry and
the organic chemicals industry are also landfarmed (SCS Engineers,
Inc., 1976; TRW, Inc., 1976). Industries which do not presently
D-23
-------
practice landspreading of potentially hazardous wastes to any sig-
nificant extent include the inorganic chemicals, metal smelting and
finishing, and electroplating and metal finishing industries (Office
of Solid Waste Management Programs, 1977). It is estimated that
annually during the period from 1973 to 1975, less than 0.5 percent
of the hazardous wastes from 14 manufacturing industries were dis-
posed of by landfarming (Office of Solid Waste, unpublished report).
A typical landfarming practice by the petroleum refining indus-
try is described as follows (Jacobs Engineering Company, 1976):
"Waste material is pumped into a vacuum truck and conveyed to
a disposal site. The oily waste is pumped from the truck through a
hand-held discharge hose, which the truck driver guides in spreading
the discharged material as evenly as possible on the assigned land
area. The actual depth of application is determined by experience,
and varies with the oil composition of the discharge, the soil's
moisture and nutrient content, climatologic conditions, and amount
of available land. The application rates for oily sludge vary from
one to two inches in thickness in the Northwestern U.S. to as much
as 3" and 4" in the warmer, subtropical climates of the Southwestern
United States. The rate of degradation and disappearance of oil
requires between one and six months, depending upon the thickness of
the sludge deposit, percent by weight oil content, amount of fertil-
izer used, and frequency of tilling. Successive loads are handled
in the same manner, .with each load applied in approximately the same
thickness to an immediately adjacent plot. The process is continued
until a large area is covered by the oily sludge or waste material.
After much of the water has evaporated, a tractor-drawn plow or roto-
tiller is used to break up the oily crust and mix it with a surface
layer of soil. The frequency of rototilling, plowing and aeration
varies from one location to another. A common practice is to plow
the material into the ground to a depth of about six to eight inches
and to periodically aerate and blend the oily sludge with the soil.
In the Southern United States, a rototiller many go as deep as eight
to fourteen inches to entrain air in the subsurface layers of the
soil."
D.2.4 Surface Impoundments. A surface impoundment is any nat-
ural depression or excavated and/or diked area built into or upon the
D-24
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land, which is fixed, uncovered, and lined with soil or a synthetic
material. Examples include lagoons, holding ponds, and aeration
ponds.
Surface impoundments are currently used for the storage, treat-
ment, and/or disposal of liquid wastes and semi-solid wastes such as
slurries. Treatment practices carried out in surface impoundments
include biochemical stabilization, evaporation, solids separation,
neutralization, and precipitation as well as other physical, chemi-
cal, and biological treatments. In some instances, sediments and
sludges which build up in the impoundments during storage and treat-
ment practices are dredged and disposed elsewhere, primarily in
landfills; in other instances, the impoundments are allowed to fill,
and the accumulated sediments and sludges are left permanently in the
impoundment.
It is estimated that there are over 100,000 surface impoundments
for industrial wastes in the U.S. (Office of Solid Waste, 1978).
About 1,700 billions gallon of industrial wastes, (not all hazardous)
are pumped annually to oxidation ponds or lagoons for wastewater
treatment, and unknown quantities of industrial wastes are stored,
treated, or disposed in other types of surface impoundments. Over
100 billion gallons of this industrial wastewater are estimated to
enter the groundwater system annually (Office of Solid Waste Manage-
ment Programs, 1977). Available data are not sufficient to estimate
the total amount of hazardous wastes placed in surface impoundments,
D-25
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the portion of these wastes ultimately disposed in such impoundments,
nor the portion which leaks to the groundwater. It has been esti-
mated that annually during the period from 1973 to 1975, over 48 per-
cent of the hazardous wastes from 14 manufacturing industries were
ultimately disposed in surface impoundments and that over 99.9 per-
cent of the disposal was in unlined surface impoundments (Office of
Solid Waste, unpublished report).
D.2.5 Incineration. To the extent that incineration does not
generate a hazardous residual requiring disposal, incineration con-
stitutes a method of disposal. Incineration methods are discussed in
Section D.I. Data are not available to estimate the total quantity
of hazardous wastes incinerated annually, nor the portion of this
incineration that constitutes ultimate disposal. However, it has
been estimated that annually during the period from 1973 to 1975,
over 15 percent of the hazardous wastes from 14 manufacturing
industries were incinerated and that over 63 percent of this
incineration was uncontrolled (Office of Solid Waste, unpublished
report).
D.2.6 Road Application. Road application involves the placing
of waste materials, primarily waste oils and sludges, on roads for
the purpose of road oiling and dust control. It is estimated that
over 1.1 billion gallons of waste oil are generated annually in the
U.S. and that over 200 million gallons of the oil are used in road
oil and asphalt (U.S. Environmental Protection Agency, 1974). Data
D-26
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are not available to estimate the portion of this waste oil that is
hazardous. However, for the period 1973 to 1975, it has been
estimated that less than 0.1 percent of the hazardous wastes from 14
manufacturing industries was disposed annually by road application
(Office of Solid Waste, unpublished report). In 1975, over 6 percent
of potentially hazardous wastes from the petroleum refining industry
were disposed through road application (Swain et al., 1977).
D.2.7 Detonation. Detonation is used for the disposal of some
conventional munitions and explosives. Disposal is typically carried
out by placing the waste munitions and explosives in wide, shallow
pits and detonating them or by mounding earth over the waste muni-
tions and explosives and detonating them (Shapira et al., 1978).
Data are not available to estimate the total quantity of waste con-
ventional munitions and explosives annually disposed by detonation;
however, the quantity is believed to be small when compared to the
quantity of explosives detonated by the commercial blasting industry
(Shapira et al., 1978).- . .
D.2.8 Engineered Storage. Engineered storage is used when
there is no safe method of disposal of a particular hazardous waste.
Under these circumstances the wastes are containerized and buried or
otherwise stored until technologies are developed for treating and
disposing of them. Wastes that have been subject to engineered
storage in recent years include mercury and phosphorus contaminated
wastes from the inorganic chemicals industry; mercury containing
D-27
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wastes from the primary battery industry; salts from the destruction
of chemical warfare agents; and pesticides such as arsenic trioxide,
cacodylic acid, and kepone (Versar, 1975; Versar, 1975a; Ottinger
et al., 1973; Powers, 1976). Data are not available to estimate the
quantity of wastes subject to engineered storage.
D.3 Treatment and Disposal Practices by Selected Manufacturing
Industries
Thirteen manufacturing industries which were the subject of the
Industry Studies (1975-1978) on hazardous waste practices are used as
the basis for characterizing existing hazardous waste treatment and
disposal practices. See Appendix C for a discussion of the scope and
limitations of the Industry Studies.
D.3.1 Textiles Industry. Table D-l presents typical treatment
and disposal practices for the hazardous wastes generated by the tex-
tiles industry (SIC 22), based upon information reported by Versar,
Inc. (1976). Potentially hazardous waste streams generated by the
industry consist of wastewater treatment sludges, dye containers,
chemical containers, solvent and still bottom wastes, and contamina-
ted fibers.
On-site treatment generally consists of wastewater treatment,
limited washing of dye and chemical containers prior to disposal, and
segregation of some solvent and still bottom wastes for solvent
recovery operations. Some dye and chemical containers are also
returned to suppliers for reuse or recycling. On-site reclamation of
potentially hazardous wastes is not practiced. Off-site reclamation
D-28
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TABLE D-l
TYPICAL HAZARDOUS WASTE HANDLING PROCEDURES
FOR THE TEXTILES INDUSTRY*
Hazardous Waste Stream
Wastewater treatment
sludges
Dye and chemical
containers
Solvent and still bottom
wastes
Contaminated Fibers
Treatment by Generator
not reported
limited washing of
containers;
segregation for
recovery
not treated
Preparation for Off-Site
Disposal
not reported
not reported
drummed; mixed with other
solid wastes
limited segregation from
other solid wastes
Reclamation
on-site
not reclaimed
return of
containers to
suppliers
not reclaimed
not reclaimed
Off-Site
not reclaimed
recycling of
containers
limited solvent
recovery
not reclaimed
Disposal
On-Site
Indefinite
storage in
ponds and la-
goons; landfill;
discharge of
wastewater to
municipal treat-
ment systems;
landspreading
not disposed
on-site
not disposed
on-site
not disposed
on-site
Off-Site
landfill;
landspreading
landf ill ;
dump
landfill;
incineration
landfill
tl
N>
VO
*Versar, Inc., 1976.
-------
includes recycling or reuse of dye or chemical containers and very
limited solvent recovery.
Based upon the study by Versar, Inc., in 1974 approximately 49
percent of the potentially hazardous wastes were disposed on-site,
primarily through lagooning and ponding; about 51 percent of the
wastes were disposed off-site, primarily through landfilling. A very
limited percent of the potentially hazardous wastes («0.5 percent)
were reclaimed off-site.
D.3.2 Inorganic Chemicals Industry. Table D-2 presents typical
treatment and disposal practices for the hazardous wastes generated
by the inorganic chemicals industry (SIC 281), based upon information
reported bv Versar, Inc. (1975). Potentially hazardous wastes are
generated by the following subcategories of the industry: alkalies
and chlorine production, inorganic pigment production, and industrial
inorganic chemicals not elsewhere classified.
On-site treatment of potentially hazardous wastes generally is
limited to segregation, neutralization and dewatering of various
wastes, and wastewater treatment. Some chlorinated hydrocarbons are
incinerated and produce residues requiring disposal.
Phosphorus, mercury, and some other metals are recovered on-site
from wastes identified as potentially hazardous by Versar, Inc. Some
of the chlorinated hydrocarbon wastes are recycled through use in
organic chemicals manufacture. Except for mercury recovery, off-
site reclamation of potentially hazardous wastes is not generally
practiced.
D-30
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TABLE D-2
TYPICAL HAZARDOUS WASTE HANDLING PROCEDURES
FOR THE INORGANIC CHEMICALS INDUSTRY*
Hazardous Waste Stream
Mercury contaminated
wastes
Asbestos and lead
contaminated wastes
Chlorinated hydrocarbons
Metallic sodium and
calcium sludges
Titanium dioxide
Chrome pigments production
Inorganic acids
manufacture
Fluoride manufacture
Phosphorus containing
wastes
Treatment by Generator
treatment for recovery
segregation and
dewatering
segregation; incinera-
tion
not generally treated
neutralization
neutralization and
precipitation
not generally treated
not generally treated
settling
Preparation for Off-Site
Disposal
drummed
not reported
drummed
not reported
not reported
not reported
not reported
not reported
not disposed off-site
Reclamation
un-site
retort for
mercury
recovery
not reclaimed
used in
organic
chemicals
manufacture
not reclaimed
not reclaimed
metal recovery
not reclaimed
not reclaimed
phosphorus
recovery
Off-Site
mercury recovery
not reclaimed
not reclaimed
not reclaimed
not reclaimed
not reclaimed
not reclaimed
not reclaimed
not reclaimed
Di sposal
On-Site
landfill; pond-
Ing; storage in
drums
landfill; pond-
ing
incineration ;
landfill; dis-
charge to
municipal sewer
system
not disposed
on-site
ponding; deep-
well injection
ponding; land-
fill
ponding
ponding; dump;
deep- we 11
injection
landfill; drum
storage;
dump ing
Off-Site
landfill
landfill
landfill
barge to sea
landfill; barge
to sea
landfill
landfill; road-
fill
landfill
not disposed
off-site
CO
*Versar, Inc., 1975.
-------
Based upon the Versar, Inc. study (1975), in 1973 approximately
84 to 89 percent of the total potentially hazardous wastes were dis-
posed on-site. Typical on-site disposal methods included landfills,
storage ponds, deep-well injection, dumps, incineration, and dis-
charge to municipal sewer systems. In addition, some mercury contam-
inated wastes and some phosphorus contaminated wastes were being
stored indefinitely on-site in drums pending further developments in
treatment/disposal methods. Approximately 10 to 15 percent of the
hazardous wastes were disposed off-site, primarily by landfill or
ocean dumping. Approximately 1 to 2 percent were reclaimed. The
distribution of the total wastes treated/disposed by various methods
in 1973 was as follows:
Treatment/Disposal
Ponds
Landfill
General
Approved
Secure
Deep-well injection
High temperature processing*
Incineration
Municipal sewers
Dump
Percent
20-30
32
5
5
14
1-2
Not available
*Smelting, roasting, volatilization, distillation.
D-32
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Storage drum Not available
Ocean dumping Not available
D.3.3 Pharmaceutical Industry. Table D-3 presents typical
treatment and disposal practices for the hazardous waste generated by
the pharmaceutical industry (SIC 2831, 2833, and 2834), based upon
information reported by Arthur D. Little, Inc. (1976b). Potentially
hazardous waste streams generated by the industry include waste
solvents, organic chemical residues, contaminated high inert content
wastes, heavy metal wastes, and active ingredients.
On-site treatment generally consists of incineration of waste
solvents (primarily non-halogenated waste solvents), organic chemical
residues, contaminated high inert content materials containing flam-
mable solvents, and some rejected or returned active ingredient mate-
rials and formulations. Incineration generates small quantities of
ash, primarily from contaminated high inert content wastes and active
ingredients, which is land disposed. Small quantities of organic
chemical residues and active ingredients are sent to biological •
wastewater treatment.
Most process solvents are recovered and reused on-site; as
a result, only those waste solvents which result from the solvent
recovery operations are considered by the Arthur D. Little study
(1976b) to be a hazardous waste. Except for the solvent recovery,
there is little or no on-site reclamation of potentially hazardous
waste materials. Some heavy metals, primarily zinc and chromium, are
D-33
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TABLE D-3
TYPICAL HAZARDOUS WASTE HANDLING PROCEDURES
FOR THE PHARMACEUTICAL INDUSTRY*
Hazardous Waste Stream
Waste solvents
Contaminated high inert
content materials
Heavy metals
Active ingredients
Treatment by Generator
Incinerat ionf
amounts sent to '
biological wastewater
treatment
incineration of solvent
contaminated materials
not treated
crushed, slurried .
with water, and sent to
biological wastewater
treatment; incineration
Preparation for Off-Site
Disposal
not reported
not reported
drummed
not reported
Reclamation
un-site
t
not recovered
not recovered
not recovered
Off-Site
some energy
recovery and
production of
low-grade fuel
not recovered
recovery of
some zinc and
chromium wastes
not recovered
Disposal
On-Site
incineration,
primarily of
non-halogenated
solvents
Incinerat ion •
landfill;
small amounts
sent to bio-
logical waste-
water treatment
incineration
of solvent
contaminated
materials
not disposed
on-site
incineration;
biological
wastewater
treatment
Off-Site
incineration
landfills
incineration;
landfill
landfill
incineration;
landfill
a .
OJ
"Arthur D. Little, Inc., 1976b.
tProcess solvents are extensively recovered; waste solvents result from the solvent recovery operations.
-------
recovered off-site; however, the heavy metal content in most wastes
is too dilute for economic recovery. A small portion of the waste
solvents sent off-site is used for energy recovery (i.e., incinera-
tion to produce steam) or for production of a low-grade fuel.
Based on the study by Arthur D. Little, Inc., in 1973 approxi-
mately 39 percent of the potentially hazardous wastes were disposed
on-site, primarily through incineration, with land disposal of any
residual ash. About 60 percent of the wastes were disposed off-site
either by incineration or landfilling. About 1 percent of the po-
tentially hazardous wastes was recovered off-site. The percentage of
the potentially hazardous wastes treated/disposed on-site and
off-site are as follows:
Treatment/Disposal On-Site Off-Site
Incineration 37 51
Landfill * ~ 9
Biological treatment 2
Recovery — 1
Total 39 61
D.3.4 Paint and Allied Products Industry and Contract Solvent
Reclaiming Operations. Table D-4 presents typical
treatment and disposal practices for the hazardous wastes generated
by the paint and allied products industry (SIC 285) and contract sol-
vent reclaiming operation, based upon information reported by Wapora,
Inc. (1975). Potentially hazardous wastes generated by the paint and
D-35
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TABLE D-A
TYPICAL HAZARDOUS WASTE HANDLING PROCEDURES FOR THE PAINT AND ALLIED PRODUCTS INDUSTRY
AND CONTRACT SOLVENT RECLAIMING OPERATIONS*
Hazardous Waste Stream
Paint and Allied Products
Raw materials
packaging
Wastewater treatment
sludges
Solids from air
pollution control
Discarded products
and spills
Waste wash solvents
Solvent Reclaiming
Still bottoms and
sludges
Treatment by Generator
not treated
some sludge settling
and dewaterlng
not treated
not treated
treatment for reclama-
tion
incineration
Preparation for Off-Site
Disposal
d rummed
drummed
drummed
drummed
drummed
drummed
Reclamation
un-site
not generally
reclaimed
not generally
reclaimed
limited re-
cycling in
in lower
grade products
some recycling
in lower grade
products
limited sol-
vent recovery
not reclaimed
Off-Site
not reclaimed
not reclaimed
not reclaimed
not reclaimed
solvent
recovery
not reclaimed
Disposal
On-Stte
not generally
practiced
not generally
practiced
not generally
practiced
not generally
practiced
not generally
practiced
incineration
Off-Site
landfill
landfill
landfill
landfill
landfill
incineration ;
landfill
o
CO
cr>
Wapora, 1975.
-------
allied products industry consist of raw materials, packaging, waste-
water treatment sludges, solids from air pollution control equipment,
discarded products and spills, and waste wash solvents; potentially
hazardous wastes from contract solvent reclaiming consist of still
bottoms or sludge.
D.3.4.1 Paint and Allied Products Industry. On-site treatment
of potentially hazardous wastes from the paint and allied product
industry is limited to dewatering of about 20 percent of wastewater
treatment sludges prior to disposal and treatment of waste wash sol-
vents for solvent recovery. On-site reclamation consists of some
recycling of discarded finished products, spilled materials, and air
pollution control solids in lower grade products and a limited amount
of solvent recovery. Off-site reclamation consists of solvent
recovery; about 35 percent of the waste organic solvent generated is
reprocessed off-site.
Based upon the study by Wapora, Inc., in 1974 less than 5 per-
•cent of the potentially hazardous wastes from the paint and allied
products industry were disposed on-site; over 90 percent were dis-
posed off-site, primarily in unsecured landfills; about 5 percent
were recycled or reclaimed.
D.3.4.2 Solvent Reclaiming Operations. Solvent recovery opera-
tions generate potentially hazardous still bottoms and sludges. In
1974, about 14 percent of the still bottoms and sludges were disposed
off-site in landfills. Essentially all the remainder was incinera-
ted, about half on-site and half off-site. Incineration generated
D-37
-------
about 1,000 metric tons of potentially hazardous ash which was dis-
posed off-site in landfills. Less than 0.1 percent of the total
potentially hazardous waste was reclaimed for use as asphalt extender
or concrete block filler.
D.3.5 Organic Chemicals, Pesticides, and Explosives Industries.
Table D-5 presents typical treatment and disposal practices for
selected potentially hazardous wastes generated by the organic chemi-
cals (SIC 286), pesticides (SIC 2879), and explosives industries (SIC
2892), based upon information reported by TRW, Inc. (1976).
On-site treatment of these potentially hazardous wastes consists
primarily of diluting, with water, those wastes destined for deep-
well injections, concentration of some waste water by evaporation
(e.g., red water from TNT manufacture and waste water from aldrin
manufacture), and incineration. Less than 30 percent of most of the
waste streams are placed in steel drums before land disposal.
On-site reclamation practices consist of energy recovery from
incineration and metal recovery from incinerator ash and catalyst
residues. In addition, red water from TNT production is sold to
kraft pulp mills for reuse.
Based upon the TRW, Inc. study (1976) for the organic chemicals
industry, in 1973 about 87 percent of the total potentially hazardous
wastes from the selected plants were disposed on-site, 5 percent were
D-38
-------
TABLE D-5
TYPICAL HAZARDOUS WASTE HANDLING PROCEDURES FOR THE
ORGANIC CHEMICALS AND PESTICIDES INDUSTRY*
CO
Hazardous Waste Stream
Heavy ends from perchloro-
ethylene purification
Heavy ends from nitro-
benzene production
Solid tails from
chlorinated solvents
recovery
Liquid heavy ends from
eplchlorohydrin
production
Semisolid wastes from
production of toluene
diisocynate
Liquid heavy ends from
ethylene dichlorlde
recovery
Liquid heavy ends from
methanol recovery
Liquid heavy ends from
production of
acrylonltrlle
Distillate bottoms from
production of maleic
anhydride
Treatment by Generator
dilution with water;
some incineration with
ash placed in drum
drummed (30%)
not generally treated
not treated
drummed (25%)
not treated
not treated
not treated
not treated
Preparation for
Off-site Disposalt
— -
drummed
—
—
not reported
--
—
—
Reclamationt
not reclaimed
some energy
recovery when
incinerated
not generally
reclaimed
not reclaimed
some energy
recovery when
incinerated
not reclaimed
not reclaimed
not reclaimed
not reclaimed
Didposalt
deep-well
injection
landfill in
plastic-lined
drums
landfill
(off-site)
on-site storage
in steel tanks
landfill
incineration
(off-site)
incineration
incineration
landfill
-------
TABLE D-5 (Continued)
•P-
o
Hazardous Waste Stream
Sludge from purification
of lead alkyls
Waste water from aldrin
manufacturing
Aqueous brine from
neutralization in
atrazine production
Spent activated carbon
from trifluralin
production
Sludge from parathion
production
Semisolid filter cake
waste from malthion
production
Military explosives
production
Waste explosives
Explosive-contami-
nated inert wastes
Treatment by Generator
dewatered and
incineration
evaporation
•
pH adjustment and
filtration
not treated
not treated
detoxification with
sodium hydroride
not treated
not treated
Preparation for
Off-site Disposal*
—
•— —
"
—
__
Reclamation"!"
lead recovery
not reclaimed
not reported
not reclaimed
not reclaimed
not reclaimed
not reclaimed
not reclaimed
Disposal"!"
incineration
evaporation in
asphalt-lined
basin with
periodic incin-
eration of
resultant sludge
Deep-well
injection
on-site storage
in rubber-lined
drums
incineration
secure landfill
open burning
open burning for
combustibles;
flashing (thermal
decomposition) for
noncombustibles
-------
TABLE D-5 (Concluded)
to
Hazardous Waste Stream
Military explosives
production (cont'd)
Spent activated
carbon
Red water
Commercial explosives
production
Waste explosives
'
Treatment by Generator
not treated
concentration by
evaporation
not generally treated
Preparation for
Off-site Disposal''
—
—
Reclamation t
not reclaimed
sale to kraft
pulp mills
not generally
reclaimed
Disposalt
open burning
incineration
of concentrate
from evaporation;
sale to kraft
pulp mills
open burning
TRW, Inc., 1976.
tExcept as noted, reclamation and disposal occurs only on-site
-------
disposed off-site, and 8 percent were recovered on-site.* Table D-6
presents data on the portion of the potentially hazardous wastes
treated/disposed by various methods both on-site and off-site. For
the organic chemicals industry as a whole, the percentage of off-site
disposal is believed to be slightly higher than that of the selected
plants; however, data are not available to estimate the percentage.
The organic chemical industries generates about 92 percent of
the total potentially hazardous wastes from the organic chemicals,
pesticides, and explosives industries. Sufficient data are not
available to estimate the portion of wastes disposed on-site and
off-site for the pesticides and explosives industries which generate
7 percent and 1 percent of the total potentially hazardous wastes,
respectively.! In the pesticide industry, in 1973 approximately 40
percent of the hazardous waste streams studied by TRW, Inc. were
disposed of via landfill (comprised of 28 percent on-site and 12
percent off-site), 16 percent via incineration, 13 percent via
indefinite storage in drums, or open-piles, '8 perceat via r-esource
recovery, and 23 percent via other methods. These percentages are
based strictly upon the number of waste streams sampled, not on the
volume of waste generated. Data are not available to estimate the
*Percentages are based upon dry weight since the TRW study indicated
that percentages based upon wet weight are distorted by the dilu-
tion water used in deep-well injections. The wet weight percent-
ages are about 96 percent disposed on-site, about 2.5 percent
disposed off-site, and about 1.5 percent recovered on-site.
tThe available data relate to the number of waste streams disposed
on-site and off-site, not to the quantities disposed.
D-42
-------
TABLE D-6
PERCENTAGE OF HAZARDOUS WASTES TREATED/DISPOSED ON-SITE
AND OFF-SITE AT SELECTED ORGANIC CHEMICAL
PLANTS IN 1973*
Treatment/disposal On-sitet Off-aitet
method
Incineration 69.6 1.5
Uncontrolled 48.0
Controlled 21.6
Landfill 14.8 3.6
Deep-well injection 2.0
Biological treatment/lagoon 0.2
Landfarm NA* NA
Recovery 8.3
Total 94.9 5.1
TRW, Inc., 1976.
tPercentage based on dry weight.
indicates not available..
D-43
-------
volume of wastes disposed by each method. For the explosives in-
dustry, open burning was the predominant method of hazardous waste
disposal in 1973; however, open burning is being phased out, to a
large extent, under current air pollution regulations.
D.3.6 Petroleum Refining Industry. Table D-7 presents typical
treatment and disposal practices for the petroleum refining industry
(SIC 2911), based upon information reported by Jacobs Engineering
Company (1976).
Many of the potentially hazardous waste streams result from
treatment and recovery operations and are not themselves generally
subject to further on-site treatment or reclamation. Several wastes,
e.g., spent lime, waste bio sludge, and storm water silt, are dewa-
tered prior to disposal. Spent hydrofluoric acid from the hydroflu-
oric acid alkylation process is neutralized with lime (usually spent
lime from boiler feedwater treatment). Limited quantities of a few
wastes, e.g., crude tank bottoms, API separator sludge, and slop oil
emulsion solids, are incinerated. Leaded tank bottoms are weathered
prior to disposal.
On-site reclamation of potentially hazardous wastes generally
consists of a very limited amount of oil recovery from such wastes
as crude tank bottoms, API separator sludge, dissolved air flotation
float, and slop oil emulsion solids. Spent lime is used to neutral-
ize hydrofluoric acid alkylation process wastes. Kerosene filter
clays are sometimes stockpiled for reuse in on-site oil spill
cleanup. Off-site reclamation generally consists of metal recovery.
D-44
-------
TABLE D-7
TYPICAL HAZARDOUS WASTE. HANDLING PROCEDURES
FOR THE PETROLEUM REFINING INDUSTRY*
Hazardous Waste Stream
Crude tank bottoms
Leaded tank bottoms
Non-leaded tank bottoms
API separator sludge
Neutralized HF alkylaclon
sludge
Kerosene tllter clays
Once-through cooling
water sludge
Treatment by Generator
limited treatment for
oil recovery; limited
Incineration
weathered and degraded
not treated
results from wastewater
treatment; limited
Incineration
neutralized with spent
lime
some stockpiling for
spill clean-up (volatile
light hydrocarbons
evaporate and oil
degrades)
not treated
Preparation for Off-Site
Disposal
periodically (1 to 10 years)
pumped into vacuum truck
periodically (1 to 10 years)
pumped from tank
trucked
pumped into vacuum trucks
pumped into vacuum trucks
trucked
trucked
Reclamation
im-site
limited oil
recovery
not reclaimed
not reclaimed
limited oil
recovery
not reclaimed
not reclaimed;
limited reuse
for spill
clean up
not reclaimed
Off-Site
not reclaimed
not reclaimed
not reclaimed
not reclaimed
not reclaimed
not reclaimed
not reclaimed
Disposal
On-Slte
landfill;
landspreading;
lagoon
landfill;
disking into
soil
landfill;
landspreading;
lagoon
landfill;
landspreading;
lagoon
landfill
landfill
landfill
Off-Stte
landfill
not generally
disposed
off-site
landfill
landfill
landfill
landfill
landfill
-e-
Ln
-------
TABLE D-7 (Continued)
a\
Hazardous Waste Stream
Dissolved air flotation
float
Slop oil emulsion solids
Spent lime
Cooling tower sludge
Exchange bundle cooling
sludge
Waste bio sludge
Storm water silt
Treatment by Generator
limited centriflcation
for oil recovery
limited incineration;
some demulsification
by chemical or physical
means
dewatered; used in spent
acid neutralization
Increased use of air
cooling
not treated
dewatered
dewatered
Preparation for Off-Site
Disposal
pumped into vacuum trucks
trucked
trucked
pumped into vacuum trucks
shoveled out
trucked
excavation followed by
trucking
Reclamation
un-site
limited oil
recovery
limited oil
recovery
used in spent
acid neutral-
ization
not reclaimed
not reclaimed
not reclaimed
not reclaimed
Off-Site
not reclaimed
not reclaimed
not reclaimed
not reclaimed
not reclaimed
not reclaimed
not reclaimed
Disposal
On-Site
landfill;
landspreading
landfill;
landspreading;
lagoon
landfill
landfill;
process sewer
system
landfill;
process sewer
system
landfill;
landspreading ;
lagoon
landfill
Off-Site
landfill
landfill
landfill
landfill
landfill
landfill
landfill
-------
TABLE IK-7 (Concluded)
Hazardous Waste Stream
FCC catalyst fines
Coke fines
Lube oil filter clays
Spent catalyst
Chemical precipitation
sludge
Treatment by Generator
collected by electro-
static precipitator
not treated
not generally treated
not generally treated
not reported
Jacobs Engineering Company, 1976.
Preparation for Off-Site
Disposal
1
put in closed refuse
containers
trucked
trucked
trucked
not reported
Reclamation
un-site
not reclaimed
not reclaimed
not generally
reclaimed
not generally
reclaimed
not reported
Off-Site
limited aluminum
recovery; poten-
tial source of
vanadium; poten-
tial alumina
cement additive
not reclaimed
not reclaimed
metal recovery
not reported
Disposal
On-Site
landfill
landfill
landfill
landfill
not reported
Off-Site
landfill
landfill
landfill
landfill
not reported
-------
Based upon the study by Jacobs Engineering Company (1976), in
1973 approximately 44 percent of the potentially hazardous wastes
were disposed on-site, primarily through landfilling, landspreading,
and lagooning. Approximately 56 percent of the wastes were disposed
off-site, primarily by landfilling and lagooning. Table D-8 shows
estimates of the percentage of wastes disposed/treated on-site and
off-site by, various methods in 1973 and projections for disposal/
treatment in 1983.
D.3.7 Petroleum Rerefining Industry. Table D-9 presents
typical treatment and disposal practices for the hazardous wastes
generated by the petroleum rerefining industry (SIC 2992), based upon
information reported by Swain et al. (1977). Potentially hazardous
waste streams generated by the industry consist of acid and caustic
sludges, spent clay, and process wastewater.
On-site treatment of acid and caustic sludges is not generally
practiced; on-site treatment of process wastewaters typically con-
sists of gravity separation to remove oils and solids, wi.th some
neutralization and coagulation employed.
Potentially hazardous wastes are generally not reclaimed, except
for process wastewater which is recycled in many cases. In a few
instances, caustic sludge is added to residual fuel oil for use in
boilers or sold for use as an extender and plasticizer in asphalt
manufacture.
Based on the study by Swain et al. (1977), in 1975 approximately
12 percent of the total acid and caustic sludges and spent clay were
D-48
-------
TABLE D-8
ESTIMATE OF THE PERCENTAGE OF WASTES DISPOSED/TREATED ON-SITE AND
OFF-SITE BY PETROLEUM REFINERY IN 1973 AND 1983*
Treatment/disposal
1973
1983
method
Land fill ing
Lagooning
Landspreading
Incineration
TOTAL
On-site
16.8
18.3
8.4
0.8 •
44.3
Off-site
34.3
21.4
0
0
55.7
On-site
24
12
34
3
73
Off-site
20
7
0
0
27
*-
VO
*Jacobs Engineering Company, 1976.
-------
TABLE D-9
TYPICAL HAZARDOUS WASTE HANDLING PROCEDURES
FOR THE PETROLEUM REREFINING INDUSTRY*
Hazardous Waste Scream
Acid and caustic sludges
Spent clay
Process wastewaccr
Treatment by Generator
not generally treated;
mixed with cement dust or
lime for neutralization
in some instances
not generally treated
gravity separation to
remove oils and solids;
neutralization and
coagulation
Preparation for Off-Site
Disposal
not reported
Reclamation
Un-site
not generally
reclaimed ;
added to
residual fuel
for boiler
| applications
not reported
not reported
not reclaimed
recycling
Off-Site
not generally
reclaimed;
used in asphalt
manufacture
not reclaimed
not reclaimed
Disposal
On-Site
landfill
landfill
sanitary sewer;
drainage
ditches; recycl-
ing in process
'
Off-Site
landfill; applied
on roads; added
to residual fuel
landfill; applied
on roads
landfill
Ui
o
Swain et al. , 1977.
-------
disposed on-site in landfills. About 76 percent was disposed off-
site in landfills or applied to roads. The remaining 12 percent was
recycled. Table D-10 presents a breakdown of disposal and recycling
practices for each of these potentially hazardous waste streams.
D.3.8 Leather Tanning and Finishing Industry. Table D-ll
presents typical treatment and disposal practices for the hazardous
wastes generated by the leather tanning and finishing industry (SIC
3111), based upon information reported by SCS Engineers, Inc. (1976).
Potentially hazardous wastes generated by the industry include waste-
water treatment sludges, fleshings, trimmings and shavings, buffing
dust, finishing residues, and sewer screenings.
On-site treatment of potentially hazardous wastes is limited to
dewatering of wastewater treatment sludges, using gravity or mechani-
cal means. On-site reclamation of potentially hazardous wastes is
not generally practiced. Reclamation occurs off-site, primarily
solvent recovery from finishing residues; some potentially hazardous
trimming and shaving wastes are sold to producers of fertilizers,
animal food supplements, glue, and foreign leather goods manufactures
for use in their products.
Based upon the study by SCS Engineers, Inc. (1976), in 1974
approximately 10 percent of the potentially hazardous wastes were
disposed on-site, the remainder were disposed off-site. Most of the
disposal is by landfill, accounting for about 60 percent of the total
waste quantity (about 10 percent of the landfills were sanitary land-
D-51
-------
TABLE D-10
PERCENTAGE OF POTENTIALLY HAZARDOUS WASTE DISPOSED
ON-SITE AND OFF-SITE OR RECYCLED IN 1975*
Hazardous
waste
stream
Sludge
Acid
Caustic
Spent clay
Total
On-Site j
Landfill
Treated
4.3
-
0.8
5.1
Untreated
4.7
-
2.1
6.8
Off-Site
Landfill
Treated
5.9
-
1.7
7.6
Untreated
41.5
-
21.0
62.5
Roads
Untreated
1.6
2.5
2.0
6.1
Recycled
-
11.8
-
11.8
Total
58.0
14.3
27.6
99.9
t»
Oi
NJ
Swain et al., 1977.
-------
TABLE D-ll
TYPICAL HAZARDOUS WASTE HANDLING PROCEDURES
FOR THE LEATHER TANNING AND FINISHING INDUSTRY*
Hazardous Waste Scream
WasCewater treatment
sludge
Fleshings
Trimming and shavings
Buffing dust
Finishing residues
Sewer screenings
Treatment by Generator
dewatering using gravity
or mechanical means
not treated
not treated
not treated; occasionally
used in sludge dewatering
not treated
not treated
Preparation for Off-Site
Disposal
drummed, pumped into tank
trucks, or conveyed to dump
truck
fiber or steel drums
fiber or steel drums
fiber or steel drums
drummed
fiber or steel d,rums
Reclamation
un-site
not reclaimed
not reclaimed
not reclaimed
not reclaimed
not reclaimed
not reclaimed
Off-Site
not reclaimed
not reclaimed
some reclamation
for use In
fertimer,
animal feed
supplements,
glue , and
leather
articles
not reclaimed
sorae solvent
recovery
not reclaimed
Disposal
On-Sice
landfill;
dump;
lagoon
landfill;
dump
landfill;
dump
landfill;
dump
landfill;
dump
landfill;
dump
Off-Site
landfill;
dump;
lagoon
landfill;
dump
landfill;
dump
landfill;
dump;
agricultural
Ian dsp read ing
landfill;
dump
landfill;
dump
Oi
OJ
SCS Engineers, Inc., 1976.
-------
fills; most of the remainder were converted dumps). About 25 percent
of the total potentially hazardous wastes were placed in open dumps.
Most of the remainder of the wastes was disposed in ponds or lagoons
or discharged to muncipal sewer systems. Some buffing dust sludge
was also used for agricultural land spreading.
D.3.9 Metal Smelting and Refining Industry. Table D-12 pre-
sents typical treatment and disposal practices for the potentially
hazardous wastes generated by the metal smelting and refining indus-
try (SIC 33), based upon information reported by Calspan Corporation
(1977). Potentially hazardous waste streams generated by the indus-
try consist of slags, sludges, slurries, dusts, scales, and pickle
liquors.
On-site treatment generally is limited in the non-ferrous indus-
tries to placing sludges and slurries in unlined lagoons for solids
settling. In the iron and steel industry, sludges are generally
dewatered before disposal. Some sludges, slurries, scales, and dusts
are treated on-site for metal recovery. In the primary copper indus-
try, zinc industry, lead industry, and aluminum industry, sludges,
dusts, and other residues are typically stored on open ground for
periods ranging from months to years before processing for metal
recovery. In addition to on-site metal recovery, pickle liquors from
the iron and steel industry are treated (primarily off-site) for acid
regeneration.
D-54
-------
TABLE D-12
TYPICAL HAZARDOUS WASTE HANDLING PROCEDURES
FOR THE METAL SMELTING AND REFINING INDUSTRY*
Cn
Ln
Hazardous Waste Stream
Primary Copper
Acid plant sludges
Dusts
Miscellaneous slurries
Primary Lead
Sludge
Primary Zinc
Sludge
Iron press residue
Treatment by Generator
settling of suspended
solids for recycle
treated for recycling
settled in unlined
lagoons
settled in unlined
lagoons; dredged
material dried on ground
settled in unlined
lagoons
not treated
Preparation for
Off-Site Disposalt
"
-
shipped to lead
smelters
—
Reclamationt
recycled to
reverbatory
furnace
reclaimed for
metal content
some recycling
for metal
values
recycled for
metal values
recovery of
lead and other
metals
not generally
reclaimed
Disposalt
stored on land
before recycle;
overflow sent
to mill tail-
ings ponds
stored on land
before recycling
unlined lagoons;
dredged material
stored on land
before recycling
or open dumping
unlined settling
pits and lagoons;
dredged material
stored on land
before recycling or
open dumping
unlined lagoons;
dredged material
stored on land before
recycling or open
dumping
open dump
-------
TABLE D-12 (Continued)
O
Ln
O\
Hazardous Waste Stream
Primary Aluminum
Potllners and pot
skimmings
Sludges
Ousts
Primary Antimony
Slag
Anolyte sludge
Primary Mercury
Condenser Wastewater
Primary Titanium
Chlorination sludge
Treatment by Generator
treated for recovery
settled in unlined
lagoons
/
not treated
not treated
not treated
not treated
settled
Preparation for
Off-Site Disposalt
-
—
-
-
-
trucked
Reclamation t
cryolite recover)
(on-site and
off-site)
not reclaimed
not reclaimed
not reclaimed
not reclaimed
not relcaimed
Disposalt
stored on ground
before reclama-
tion (months to
years)
unlined lagoons;
dredged material
open dumped
open dumping
open dumping
unlined tailings
pond
unlined lagoon;
spread on
calcine dump
landfill or
lagoon (both
off-site)
-------
TABLE D-12 (Continued)
Hazardous Waste Stream
Primary Tungsten
Digestion Residue
Sludge
Primary Tin
Slag
Secondary Copper
Slag
Sludge
Secondary Lead
Scrubber Sludge
Secondary Aluminum
Scrubber Sludge
High Salt Slag
t
Treatment by Generator
treatement for metal
re covery
settled.
not treated
not treated
settled in unlined
lagoons
not treated
not treated
not treated
Preparation for
Off-Site Disposalt
-
-
-
Reclamation t
metal recovery
not reclaimed
not reclaimed
not reclaimed
not reclaimed
not reclaimed
not reclaimed
not reclaimed
Disposalt
stored on land
before recycle
(months to
years)
open dump
open dump
open dump
unlined lagoon
unlined lagoon
unlined lagoon
open dump (50%
on-site, 50%
off-site)
o
Ol
-------
TABLE D-12 (Continued)
Hazardous Waste Stream
Iron and Steel
Ammonia liquor
Lime sludge
Decanter tank tar
Electric furnace dust
Electric furnace
sludge
Mill sludges
Mill scales
Pickle liquor
Treatment by Generator
Biological treatment
dewatered
not treated
not treated
dewatered
dewatered
80% treated for iron
recovery
some treatment for
acid regeneration
Preparation for
Off-Site Disposalt
-
-
-
-
-
-
Reclamationt
not reclaimed
not reclaimed
not reclaimed
not reclaimed
not reclaimed
some recycling
for iron re-
covery (5%) and
for tin recovery
iron recovery
some acid
regeneration
(pn-site and
off-site)
Disposalt
Biological
treatment
open dump
open dump
open dump
open dump
open dump
iron recovery;
open dumping
of scale from
cold rolling
mills
neutralized in
unlined lagoons
off-site
Ln
00
-------
TABLE D-12 (Concluded)
Hazardous Waste Stream
Treatment by Generator
Preparation for
Off-Site Disposal*
Reclamation*
Disposal*
o
Ferro alloys
Sludge
Dusts
Skull plant
tailings
settled
wetted
not treated
not reclaimed
not reclaimed
not reclaimed
dredged
material to
open dump
open dump
open dump
Calspan Corporation, 1977
tEssentially all reclamation and disposal occurs on-site, except as noted.
-------
Based upon the study by Calspan Corporation, in 1974 approxi-
mately 98 percent of the potentially hazardous wastes were disposed/
recovered on-site. The predominant practices for on-site disposal
were open dumping and lagooning (unlined). Approximately 2 percent
of the potentially hazardous wastes were disposed off-site, primarily
in open dumps. On the order of 0.1 percent was reclaimed off-site.
D.3.10 Electroplating and Metal Finishing Industries. Table
D-13 presents typical treatment and disposal practices for the po-
tentially hazardous wastes generated by the electroplating and metal
finishing industries (SIC 3471), based upon information reported by
Battelle Columbus Laboratories (1976). Potentially hazardous wastes
streams generated by the industry consist of water pollution control
sludges, process wastes, degreaser sludges, and salt precipitates
from electroless nickel wastes.
On-site treatment generally consists of concentration of water
pollution control sludges to a 1 to 5 percent solids content through
settling in lagoons, holding tanks, or clarifiers. Process wastes
are not treated and are combined with non-hazardous plant wastes for
disposal. Degreaser sludges are sent to the water pollution control
facility or combined with the process waste stream. Salt precipi-
tates from electroless nickle wastes are dewatered and combined with
the water pollution control sludges. The potentially hazardous
wastes are not reclaimed on-site or off-site.
Sufficient data are not available to estimate the portion of the
total wastes treated/disposed on-site and off-site. The available
D-60
-------
TABLE D-13
TYPICAL HAZARDOUS WASTE HANDLING PROCEDURES
FOR THE ELECTROPLATING AND METAL FINISHING INDUSTRY*
Hazardous Waste Scream
1
Water pollution
control sludges
Process wastes
Degreaser sludges
Salt precipitates
Treatment by Generator
concentrated to 1-5
percent solids by
settling In lagoons,
holding tanks, or
clarlf lers
not treated
sent to water pollution
control facility or •
combined with process
waste stream
dewaterlng
Preparation for Off-Site
Disposal
not reported
combined with non-hazardous
solid-wastes
t
combined with water
pollution control sludges
Reclamut ion
on-site
not reclaimed
not reclaimed
degreaser
sludges result
from solvent
recovery
operations
salt precipi-
tates result
from regenera-
tion of
electroless
nickel baths
Off-Site
not reclaimed
not reclaimed
solvent
recovery from
waste solvents
not reclaimed
Disposal t
On-Site
lagoon; surface
burial
surface burial
\
lagoon; surface
burial
Off-Site
landfill;
open dump
landfill;
open dump
\
landfill;
open dump
* Battelle Columbus Laboratories, 1976.
t Considerable amounts of wastes are discharged into municipal sewer systems without treatment, but have not been identified.
T Same as that for water pollution control sludges or process wastes, as applicable.
-------
data relate only to the number of firms treating/disposing on-site
and off-site, not to the quantities treated/disposed. Based upon
the study by Battelle Columbus Laboratories (1976), in 1975 about 64
percent of the firms studied disposed of wastes on-site, primarily by
discharge to municipal sewer systems (45 percent of the firms) or by
landfill (19 percent of the firms). Approximately 36 percent of the
firms studied disposed of wastes off-site, primarily by landfill or
open dumping.
D.3.11 Special Machinery Manufacturing Industries. Table D-14
illustrates typical treatment and disposal practices for the hazard-
ous waste generated by the special machinery manufacturing industries
(SIC 355 and 357), based upon information reported by Wapora, Inc.
(1977). Potentially hazardous waste .streams generated by the indus-
try consist of those from heat treating, electroplating, machining,
and coating operations.
On-site treatment of machining wastes generally consists of some
filtering of oils for-reclamation and reuse and separation of large
pieces of metal wastes for off-site scrap salvage. Electroplating
wastes are- treated primarily for metal recovery to destroy cyanides
and to neutralize acid and alkaline wastes. Smaller plants tend not
to treat electroplating wastes prior to disposal. Heat treating
wastes are treated primarily to destroy cyanides. Painting wastes
are not generally treated prior to disposal.
D-62
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TABLE D-U
TYPICAL HAZARDOUS WASTE HANDLING PROCEDURES
FOR THE SPECIAL MACHINERY INDUSTRY*
Hazardous Waste Stream
Machining wastes
Electroplating
Heat treating wastes
Painting wastes
Treatment by Generator
filtering of oils
liquid waste equalization;
cyanide destruction;
no treatment by many
small plants
cyanide destruction
not generally treated
Preparation for Off-Site
Disposal
drummed
smaller plants drum
untreated wastes
not reported
drummed
Reclamat ion
un-sice
reuse of
coolants and
cutting oils;
lubricating
and hydraulic
oils burned in
plant boiler;
some solvent
recovery
metal recovery
metal recovery;
some solvent
recovery
not generally
reclaimed
Off-Site
some solvent
recovery; scrap
net a Is recovered;
some reclamation
of cutting oils
and quenching
oils
not generally
reclaimed
some solvent
recovery
not generally
reclaimed
Disposal
On-Site
some sewering
of sludges;
dumped; some
incineration
of waste oils
discharge to
sanitary sewer
discharge to
sanitary sewer
dumped
Off-Site-
landfill
landfill
landfill;
incineration of
some solid or
semi-sol id
residues
landfill; some
Incineration
£
OJ
Uapora, Inc., 1977.
-------
On-site reclamation typically consists of the reuse of coolants
and cutting oils until they are too degraded for further recircu-
lation; in a number of instances, oils are filtered to prolong their
recirculation. Some spent lubricating and hydraulic oils are burned
with fuel oil in plant boilers for energy recovery. Metals (e.g.,
copper, chrome, gold, silver, and rhodium) are typically reclaimed
from heat treating and electroplating wastes for reuse in the pro-
cess. A limited amount of solvent recovery is also practiced.
Off-site reclamation generally consists of metal recovery from
scrap metal wastes. Some solvent recovery and reclamation of waste
«.•
cutting and quenching oils for use as fuels or fuel additives also
occurs.
Based on the study by Wapora, Inc., in 1975 approximately 10
percent of the potentially hazardous wastes were disposed on-site,
principally by dumping on the ground, by incineration of waste oils,
and by discharge to sanitary sewers. About 90 percent of the wastes
were disposed off-site, primarily by landfilling, with some incinera-
tion also practiced.
D.3.12 Electronics Components Manufacturing Industry. Table
D-15 presents typical treatment and disposal practices for the haz-
ardous wastes generated by the electronics components manufacturing
industry (SIC 367), based upon information reported by Wapora, Inc.
(1977a). Potentially hazardous waste streams generated by the indus-
try consist of halogenated and non-halogenated solvents, wastewater
D-64
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TABLE D-15
TYPICAL HAZARDOUS WASTE HANDLING PROCEDURES
FOR THE ELECTRONIC COMPONENTS INDUSTRY*
Hazardous Waste Stream
Halogenated solvents
Non-halogenated
solvents
Wastewater
Oils
Paint wastes
Metal scraps
Concentrated cyanides
Concentrated acids and
alkallnes
Treatment by Generator
treated for reclamation
or Incinerated
incinerated
concentrated by
lagooning, centrifuga-
tlon or filtering
not generally treated
not generally treated
not generally treated
Oxidized and neutralized
Oxidized and neutralized
Preparation for Off-Site
Disposal
solvents containerized
and labelled; still bottoms
drummed
solvents containerized
and labelled; still bottoms
drummed
drummed, placed in dumpsters,
or piped into tank trucks
drummed or placed in
dumpsters
drummed or placed in
dumpsters
not reported
—
—
Reclamation
un-site
reclaimed by
distillation;
reused in
process
not generally
reclaimed
on-site
not reclaimed
petroleum
distillate
oils recycled;
other oils
not reclaimed
not reclaimed
not reclaimed
—
—
Off-Site
reclaimed by
repacking,
distillation,
f ractionation
reclaimed by
repacking,
distillation,
f ractionation
not reclaimed
petroleum
distillate
oils reclaimed
not reclaimed
sold to metal
reclaimers
—
—
Disposal
On-Site
t
sanitary sewer
T
lagoon
t
t
not reported
Off-Site
landfill
landfill
landfill
landfill
landfill
not reported
no additional residue for land
disposal
no additional residue for land
disposal
o
Cn
*Wapora, Inc., 1977a.
tSmall quantities dumped on-site.
-------
treatment sludges, oils, paint wastes, metal scraps, concentrated
cyanides, and concentrated acids and alkalies.
Segregation of potentially hazardous wastes for storage, treat-
ment and/or disposal is a common practice in the industry. Except
for oils and paint water, most potentially hazardous wastes are
typically segregated. Oil and paint wastes are generally mixed with
other solid wastes.
On-site treatment is common for halogenated solvent wastes,
wastewater treatment sludges, and concentrated cyanides, acids, and
alkalies. Treatment of halogenated solvent wastes involves inciner-
ation or reclamation by distillation. Incineration and reclamation
produces still bottoms and residues requiring disposal. Solvents
treated on-site are reused in operations which do not have stringent
quality control requirements. Wastewater treatment sludges are typ-
ically concentrated either by lagooning or by physical means such as
centrifugation or filter pressing. Because of the large number of
constituents in wastewater treatment sludges, recovery and reuse of
the sludge constituents is not practiced. Some wastewater treatment
sludges are incinerated. The concentrated cyanides, acids, and alka-
lies are typically oxidized and neutralized by conventional waste-
water treatment methods. Most oils and paint wastes are not treated
prior to disposal; however, some petroleum distillate oils are recy-
cled.
D-66
-------
Off-site reclamation is common for halogenated and non-
halogenated solvent wastes and metal scrap. Reclamation of halogen-
ated and non-halogenated solvents ranges from repackaging of slightly
contaminated solvents to multiple fractionation procedures for mixed
still bottoms; some solvents are also incinerated off-site. Metal
scrap, except beryllium oxide wastes, is usually sold to metal
reclaimers.
Based upon the study by Wapora, Inc., in 1975 approximately 13
percent of the potentially hazardous wastes were disposed on-site;
approximately 66 percent were disposed off-site; and approximately 21
percent were reclaimed. Most of the off-site disposal was by land-
fill. On-site disposal typically consisted of lagooning of waste-
water treatment sludges, dumping of small quantities of potentially
hazardous wastes on the facility grounds, and discharges to sanitary
sewer systems.
D.3.13 Storage and Primary Batteries Industry. Table D-16
presents typical treatment and disposal practices far the hazardous
wastes generated by the storage and primary batteries industries
(SIC 3691 and 3692), based upon information reported by Versar, Inc.
(1975a). Potentially hazardous waste streams generated by the indus-
try consist of wastewater treatment sludges and rejected and scrap
cells.
On-site treatment of potentially hazardous wastes is not usually
practiced, except in instances where metals are reclaimed from the
D-67
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TABLE D-16
TYPICAL HAZARDOUS WASTE HANDLING PROCEDURES
FOR THE STORAGE AND PRIMARY BATTERIES INDUSTRIES*
Hazardous Waste Stream
Wastewater treatment
sludge
Rejected and scrap cells
Treatment by
Generator
some treatment for
metal recovery
some treatment for
metal recovery
Preparation for
Off -Site Disposal
small quantities
placed In steel
drums
not reported
Reclamation
On-sice
recovery of
metal content
recovery of
metal content
Off-Sice
recovery of
metal content
recovery of
metal content
Disposal
On-Site
landfill;
dump
landfill;
dump
Off-Site
landfill;
dump
landfill ;
dump
o
o^
oo
Versar, Inc., 1975a.
-------
waste stream. Reclaiming of the metal content is done both on-site
and off-site. Metals typically recovered include lead, mercury,
silver, and cadmium.
According to Versar, Inc., in 1973 approximately 35 percent of
the potentially hazardous wastes were disposed on-site; the remainder
were disposed off-site. About 85 percent of the total hazardous
wastes were disposed in general purpose landfills (on-site and off-
site) which usually did not have special containment, monitoring,
or leachate provisions. Most of the remainder was reclaimed or
discharged into muncipal sewer systems. In the case of the Weston
mercury cell, the disposal practice for rejected and scrap cells was
indefinite storage on-site.
D-69
-------
APPENDIX E
CHARACTERIZATION OF THE HAZARDOUS WASTE TRANSPORT INDUSTRY
This appendix presents a characterization of the hazardous
waste transport industry, based upon information reported by Arthur
D. Little, Inc. (1978a). The basic role of the hazardous waste
transport industry is to move hazardous wastes from the point of
generation to an off-site facility for purposes of storage, treat-
ment, and/or disposal. Hazardous waste transport includes both in-
trastate and interstate movements and occurs by highway, rail, air,
pipelines, and waterway.
Three hazardous waste transport industry segments have been
identified by the Arthur D. Little, Inc. study, i.e., generator/
transporter, hazardous waste management facility/transporter, and
for-hire transporter.
• Generator/transporters are hazardous waste generators who
function as private carriers by self-hauling hazardous
wastes off-site to hazardous waste management facilities
(transport by this segment is invariably by truck).
• Hazardous waste management facility/transporters are oper-
ators of hazardous waste management facilities who also func-
tion as contract or private carriers in providing trans-
portation from generators to storage, treatment, or disposal
facilities (transport by this segment is invariably by
truck).
• For-hire transporters are common and contract carriers who
transport hazardous wastes (and other property as well)
but who do not generate, treat, store, or dispose such wastes
(transport by this segment is primarily by truck, but
includes rail, waterway, and air).
E-l
-------
It should be noted that the three segments combined do not truly
constitute a readily identifiable industry in the customary defini-
tion of the term. None of the segments, and particularly the genera-
tor/transporter, views itself as being part of an industry devoted to
hazardous waste transportation. Rather, each views itself as being
engaged in an activity (hazardous waste transport) which is a part of
a larger set of business activities; each engages in hazardous waste
transport because of convenience or economics. Many hazardous waste
management facility/transporters provide transportation solely as a
convenience to generators; their principal service is waste treatment
and disposal. For-hire transporters (e.g., railroads, airlines) are
in the business of hauling cargo which is only rarely hazardous
waste.
According to the Arthur D. Little, Inc. study, neither the
number of firms within each industry segment nor in the industry as a
whole is known, nor is the rate of firms entering or leaving the
industry. Furthermore, the quantity of hazardous wastes transported
annually by the industry is unknown, as is the distribution of waste
transport by mode or by industry segment. To illustrate the magni-
tude of hazardous wastes being transported off-site, based upon the
waste quantities in Chapter 6 and the average off-site disposal
factor in Table 5-10, there is on the order of 8 to 10 million metric
tons of potentially hazardous manufacturing wastes currently being
E-2
-------
transported off-site on an annual basis. Table E-l presents a quali-
tative estimate of the relative amounts of hazardous wastes moved by
mode and by industry segment. The vast majority of such wastes are
transported by highway with a small amount being transported by rail
and even smaller amounts being moved by waterway.
E.I Generator/Transporter
Reliable data are extremely limited with regard to generator/
transporters. Most of the information available on generator/trans-
porters is contained in the Industry Studies (1975-1978) prepared for
EPA. About 3.5 percent of the plants inventoried in the Industry
Studies transported their own wastes, and less than 3 percent of the
total quantity of waste hauled off-site was transported by the gener-
ator.
The tendency to self-haul is industry dependent. For example,
waste oil re-refiners self-haul over 50 percent of their wastes going
off-site while the metal-smelting and refining industry does little
or no self-hauling. The limited data available suggest that self-
hauling firms tend to be the smaller firms in an industry and tend to
be located in rural areas where contractor services are not avail-
able. Wastes transported by self-hauling firms are usually trans-
ported a distance of under 10 miles, and often are moved no more than
1 to 2 miles.
Plants that self-haul handle only their own wastes; they do not
offer waste transport services to other companies. Furthermore, no
E-3
-------
TABLE E-l
RELATIVE AMOUNT OF HAZARDOUS WASTES TRANSPORTED
OFF-SITE BY MODE AND INDUSTRY SEGMENT*
Mode
Air
Rail
Highway
Waterway
Pipeline
Generator/
transporter
None
None
Very small
None
Negligible
Hazardous waste
management facility/
transporter
None
None
Large
None
Negligible
For-hire
transporter
Negligible
Small
Large
Very small
None
*Modified from Arthur D. Little, Inc., 1978a.
E-4
-------
company with more than one plant is known to provide general waste
transport services even to several of its own plants. The decision
to self-haul or to use a contractor is generally made at the plant
level.
Most self-haulers operate only one waste transport vehicle
which, in some cases, is not even dedicated. The vehicle is usually
operated by a single driver employed by the plant, though he may be
assisted in loading and unloading by plant or disposal site person-
nel. The transport vehicles used range from general purpose flatbed
trucks to 5,000-gallon tank trucks. Table E-2 presents examples of
the types of vehicles used for various kinds of wastes and the rate
of vehicle utilization.
When waste is transported by tank truck, the vehicle itself
serves as the container. When a flatbed is used, wastes may simply
be deposited together with other non-hazardous wastes. More often,
however, the wastes are loaded into the truck in barrels or in
55-gallon drums.
Wastes that are hauled by generators are typically transported
as generated, without treatment, and are.usually taken either to a
site owned and operated by the company and dedicated specifically to
its wastes, or to a general-purpose municipal or private landfill
that also handles municipal wastes. When the final destination is a
dedicated company-owned site, transport and disposal are handled as
part of normal plant operations, with no special pre-notification or
E-5
-------
TABLE E-2
EXAMPLES OF TYPES OF VEHICLES USED BY GENERATORS WHO TRANSPORT WASTES*
Industry Type of waste
SIC Code
283 Treatment plant sludge
(30%) solids)
Dry solids
285 Sludges and paint with
municipal trash
3111 Chrome contaminated
leather scrap
Sludge (3% solids)
3292 Asbestos scrap, bag-
house wastes, and
settling basin sludge
3471 Sludge
355,357 Metal sludges and oil
contaminated grindings
PCB saturated Fuller's
earth
369 Scrap batteries
5093 Tarry sludges
Type of vehicle
Tank truck
Flat bed with
tarp cover
Flat bed
Flat bed
2000 gallon tank
truck
Flat bed (leak
proof)
1500 gallon tank
truck
Flat bed
Covered trailer
truck
2 ton flat bed
(covered and leak
proof)
4000 gallon
tank truck
Number of
vehicles
2 (larger is
5000 gal)
25-30
1
1
5
1
1
1
2
1
1
Utilization rate
25-30 hauls /week/ truck
25-30 hauls /week/ truck
4 hauls /week
1 haul/day
1 haul/day/truck
1 haul/day
6 hauls /day
1 haul/day
1 haul/mo/trailer
1 haul/day
1-2 hauls /week
* Arthur D. Little, Inc. 1978a.
-------
acceptance procedures. Company personnel accept the wastes and as-
sist in the unloading, usually directly into a landfill or lagoon.
When the final destination is a municipal or private landfill,
prior arrangements are made to assure that the landfill is permitted
for the wastes in question and that the landfill's regulations for
delivery are followed. Trucks generally submit a copy of the bill of
lading to the landfill operator for billing purposes. The quantity
of waste delivered is recorded either by weighing or by a volume es-
timate, and the truck is directed to a dumping area. Marking and
labeling practices vary a great deal. There may be no labeling at
all other than the company name on the truck in some cases. Many of
the companies contacted by Arthur D. Little, Inc. indicated that they
followed DOT marking and labeling requirements, but most also indi-
cated that application of DOT requirements to hazardous wastes was
ambiguous at times.
Generators, at least the major facilities, do keep records of
how much waste is shipped, who carried it,, and where it went. Such
records are usually kept for a period of at least seven years. Self-
haulers transporting to a company-owned site typically prepare a
summary report monthly on the quantity of material hauled (Arthur D.
Little, Inc., 1978a).
E.2 Hazardous Waste Management Facility/Transporters
In 1977, there were approximately 110 hazardous waste management
facilities in the U.S. (Straus, 1977). An estimated 50 to 67 percent
E-7
-------
of these facilities also transport hazardous wastes (Arthur D.
Little, Inc., 1978a; Straus, 1977). Approximately 56 percent of the
hazardous waste management/transporters are located in EPA Regions II
and V.
Transportation activities of the hazardous waste management/
transporters tend to be interstate; 64 percent of the facilities
investigated in the Arthur D. Little, Inc. study have interstate
transportation capabilities. Further, 56 percent have locations in
more than one state or receive waste materials from out of state.
Many of the disposer/transporters are thus subject to regulations of
more than one jurisdiction as well as those of the Department of
Transportation and other Federal agencies.
Those hazardous waste management facility/transporters who oper-
ate intrastate tend to serve a relatively small geographical area or
section of the state. Those who operate interstate generally operate
within one region rather than within several regions. The portion of
wastes handled by each type of operation is not known, nor is the .
portion of the interstate operator's business that is done outside
his home state.
With the exception of a few very large companies, the hazardous
waste management facility/transporters are privately owned or closely
held public corporations. Seventy-four percent of the companies op-
erate ten or fewer vehicles and at least sixty-six percent employ ten
or fewer workers in activities directly involved in transportation.
E-8
-------
The predominant type of vehicles used are tankers and tank trailers.
Flatbeds and vans account for less than 30 percent of the vehicles
used by hazardous waste management/transporters.
In general, the transportation vehicles bear an identification
of the company and the hazardous nature of the materials being trans-
ported. In this respect, most of the facilities follow DOT guide-
lines. In some instances, state regulations (e.g., California,
Texas, Ohio) were cited by hazardous waste management facility/
transporters as the controlling factor for marking and describing the
nature of the cargo. With respect to labeling, the hazardous waste
management facility/transporters indicated that they properly identi-
fied the materials contained in drums or barrels; however, many indi-
cated that generators or other transporters either did not take care
in labeling or were unaware of the importance of proper labeling.
In terms of the physical movement of the hazardous waste materi-
als, when the hazardous waste containers used are drums or barrels,
they are almost always provided by the generator and are loaded onto
the transport vehicle by the generator, either by forklift or by
hand. When the container is the transport vehicle itself (e.g., tank
truck), the hazardous waste management/transporter takes part in the
loading; when a vacuum truck is used, the hazardous waste management/
transporter does the loading. There is little mixing of materials
except as done by the generator; multiple pickups are rare.
E-9
-------
Several of the companies contacted by Arthur D. Little, Inc.
indicated that they analyze contents either prior to or upon receipt
of waste materials. In situations where the generator is unknown or
not considered "trustworthy," the hazardous waste management/trans-
porter usually insists on content analysis prior to accepting a job.
Nearly all the facilities contacted keep records which minimally
describe the quantity, source, waste type, and delivery point for
each transport/disposal job. These records are in various forms and
include: billing records (invoices), shipping documents or bills of
lading, purchase orders or job tickets, and self initiated or state
required manifests. Usually these documents are filed together and
are retained for several years, based in part upon requirements by
the Interstate Commerce Commission (3-year retention), Internal Reve-
nue (7-year retention), state tax department, and other state agen-
cies (Arthur D. Little, Inc., 1978a).
E.3 For-Hire Transporters
•For-hire transporters include common and contract carriers that
transport hazardous waste by highway, rail, air, pipeline, and water-
way.
E.3.1 Common and Contract Highway Carriers. According to
Arthur D. Little, Inc., very few data are available with regard to
common and contract highway carriers involved in the transport of
hazardous waste, and as a result, it was not possible even to develop
E-10
-------
a representative sample for study purposes. Thus, the information
reported by that study should only be considered as preliminary.
The transporters contacted ranged from firms which have only one
business location to firms of national carrier status having sixty or
more terminals across the country. Most of the firms have only one
location while some have between two and four locations. The firms
ranged from having less than 0.1 percent to 100 percent of their
business in hazardous waste. Many of the firms contacted offer a
complete package that includes transportation and selection of dis-
posal site. A few carried to only one disposal site (typically a
local landfill).
About one-half of the for-hire transporters contacted do not
transport any hazardous waste across state borders. Others indicated
that anywhere from 80 to 100 percent of their hazardous waste trans-
port is interstate. Within those states which required permits for
transporting hazardous wastes, the transporters usually indicated
statewide service. Smaller transporters tended to see states
requiring permits as the practical limit of their service radius.
Excluding the national common carriers who provided no estimates,
transporters indicated trip distances ranging from 25 to 150 miles
with most companies responding at 50 miles. One common carrier indi-
cated that 500 to 600 mile trips were normal.
E-ll
-------
Quantities of hazardous waste being transported interstate or
intrastate could not be identified, nor, in most cases, could the
total quantity of hazardous waste being transported by individual
companies. The only generalizations which are possible are that:
• Large intrastate common carriers handle significant quanti-
ties of hazardous waste, but these are only a very small
portion of their overall business (less than 1 percent in
most cases).
• Many firms started out handling many kinds of waste, and the
"hazardous" label of their business came with existing reg-
ulations .
Very sketchy information is available on the nature of the
wastes transported. General transporters who handled the following
types of waste were identified: liquids/solids/sludges, waste oils,
solvents for recycle, general hazardous trash, paint wastes, hydro-
carbons, chlorine, acids, cyanide wastes, caustic wastes, hydrogen
fluoride, cleaning solutions, and radioactive wastes. Though some
general transporters specialize in a particular waste, such as waste
oil or spent acid, most handle many kinds of hazardous wastes.
Only one general transporter with its own laboratory for sam-
pling the wastes was identified. About 20 percent of those who re-
sponded have an outside laboratory on contract. Most of the general
transporters relied totally on the generator to supply any necessary
analyses.
Most of the firms contacted primarily handle liquid wastes and,
as a result, the majority of the vehicles used for transport are tank
trucks; there are a number of vacuum trucks and a considerably
E-12
-------
smaller number of other vehicles, such as flat bed trucks (for haul-
ing drums), dumpsters, compactors, dump trucks, "roll-off" hopper
trucks, vans, and pickups. Some of the national tank carriers have
nearly 3,000 tank cars; most firms, however, have between one and 30
trucks.
The capacity of the tank trucks used ranges from 1,200 gallons
to 8,600 gallons. Many firms have a fleet with all vehicles of the
same size or only a couple of sizes, while others have a wide variety
of truck sizes. The flat beds are estimated to carry 35 to 65 drums.
Some companies indicated the intent to never stack the drums in more
than one level to avoid the increased chances of spillage.
Few requirements are now designated by the transporter for la-
beling of containers by the generator. Labeling, in most cases, is
not rigorously performed. Some generators stencil DOT-type labels on
the drums. Others reuse the original drums and cross off the suppli-
ers' names. Some transporters Indicated that minimal or incorrect
labeling of drums had caused some hazardous incidents.
All large interstate carriers contacted indicated that they use
DOT placards and follow ICC regulations. About half the firms con-
tacted do not use placards; however, some of those contacted indi-
cated that they would shortly begin to use placards.
All of the firms contacted keep records. The most common forms
for recordkeeping are the bill of lading and the weigh ticket. How-
ever, the paperwork which forms the basis for recordkeeping also
E-13
-------
includes the following: generator bill, invoice, pay-slip, disposal
papers, dumping slip, manifest, order request form, and ticket sys-
tem. The transporters contacted indicated that records were retained
for at least five or seven years as a result of state, Internal Reve-
nue Service, and/or Interstate Commerce Commission regulations in
addition to general management practice.
These records are used most often for billing purposes, are
often requested by the generator, and in many cases are also re-
quired to be reported on a monthly or annual basis to state environ-
mental departments. These records, in all cases, identify the date,
quantity, source, and delivery point and in most, but not all cases,
provide a description of the waste. In those instances where the
waste is not well identified, it is usually listed as "miscellane-
ous processing wastes" (Arthur D. Little, Inc., 1978a).
E.3.2 Rail Transport. The physical and geographical facilities
and organizational characteristics of railroads are similar through-
out .the industry. As common carriers under the ICC, the railroads,
must accept all cargo tended to them that is properly packaged and
labeled. In general, the shipper, not the railroad, accepts responsi-
bility for the condition, description, packaging, and labeling of the
material shipped. In fact, one of the most important aspects of the
practices and regulations in the transport of hazardous waste by
railroad is that the railroad does not directly handle the hazardous
waste as such, but only transports rail cars already loaded and
E-14
-------
ready for delivery. The shipper must provide to the railroad the
sealed or closed containers of the hazardous material or waste and
certify in the bill of lading that the shipment conforms to regu-
lations. Furthermore, the railroad car in which the containers are
placed must be sealed or closed when tended for shipment.
A small amount of hazardous wastes is transported by rail as
compared to highway transport. Only a limited number of disposal
sites accept hazardous waste by rail, and only a small portion of the
total hazardous waste transported by rail is believed to go to such
disposal sites; most of it is believed to go to reclamation and
recovery facilities. For example, nearly all spent sulfuric acid and
petroleum refinery treating wastes transported by rail go to recy-
clers who have rail sidings on their own property. Furthermore, a
small but still significant portion of hazardous waste shipments are
believed to be intermodal. These consist of truck pickup or delivery
to rail sidings, barge transfer operations, or truck-rail piggyback
•operations.
Some of the types of potentially hazardous wastes handled by the
railroads are listed in the Hazardous Materials Table of the
Department of Transportation regulations 49 CFR 172.101. Hazardous
wastes that are specifically identified are listed in Table E-3. Es-
timates of the number of carloads of selected potentially hazardous
wastes that were shipped by rail in 1976 are presented in Table E-4.
E-15
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TABLE E-3
WASTES LISTED IN THE HAZARDOUS MATERIALS TABLE
(49 CFR 172.101)
Acid, sludge
Aluminum dross, wet or hot
Aniline oil drum, empty
Arsenical dust
Arsenical flue dust
Bags, burlap, used*
Bags, sodium nitrate, empty
and unwashed
Barrel, empty*
Battery parts (plates, grids,
etc.) unwashed, exhausted
Black powder igniters with
empty cartridge bag
Bottles, not cleaned*
Burlap bag, used and unwashed,
or not cleaned
Burnt cotton, not repicked
Burnt fiber
Carboys, empty*
Cartridge cases, empty,
primed
Container, reused or empty*
Cotton batting dross
Cotton waste or sweepings
Cotton waste, oily
Cylinder, empty*
Drums, empty*
Dusts, byproduct, poisonous
Empty cartridge bag with
black igniter
Empty cartridge case, primed
Felt, waste
Felt, waste, wet
Fibers, burnt
Flue dust, poisonous
Garbage tankage
Gas drips, hydrocarbon
Grenade, empty, primed
Hair, wet
Iron mass or sponge, spent
Lead dross
Magnesium dross, wet or hot
Magnesium scrap
Metal borings, shavings, turnings,
or cuttings
Nickel catalyst, wet, spent
Nitrating acid, spent
Oiled clothing or material
Paper scrap or waste
Propellant explosives in water,
unstable, condemned, or
deteriorated
Pyroxylin plastic scrap
Rags, oily or wet
Rocket ammunition with empty
projectile
Rubber scrap or buffings
Sawdust and wood .shavings
Sulfuric acid, spent
Tank car, empty*
Tank, portable, empty*
Tank truck, empty*
Waste paper, wet
Waste textile, wet
Waste wool, wet
Zirconium scrap
*Previously used for a hazardous material.
E-16
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TABLE E-4
ESTIMATED ANNUAL CARLOADS OF SELECTED POTENTIALLY HAZARDOUS WASTES
CARRIED ON RAILROADS IN 1976*
Commodity Carloads
Acid, sludge 94
Battery parts (plates, grids, etc.) unwashed, exhausted 71
Garbage tankage 1
Lead dross 8
Nickel catalyst, wet, spent 1
Nitrating acid, spent 80
Rags, oily or wet 73
Rubber scrap (only as hazardous material) 2
Sulfuric acid, spent 2,965
TOTAL 3,295
*A. D. Little, Inc., 1978a.
E-17
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Most rail shipment of hazardous waste is by tank car. Rail
shipment is generally limited to large generators since only such
generators are normally capable of filling tank cars which can hold
up to 35,000 gallons of liquid wastes. The relative dominance of
large generators often results in trips of great distances, normally
on the order of hundreds of miles. The Arthur D. Little, Inc. study
indicated that there is a great range of reported distances over
which hazardous waste is transported (i.e., 6 miles to over 2,000
miles).
The major regulations followed by railroads are the DOT regula-
tions as summarized in CFR Title 49. These regulations identify
hazardous materials and stipulate the containerization, handling,
loading, and placarding practices, some recordkeeping procedures, and
certain safety procedures. The hazardous materials identified by the
railroads number over 2,000, of which 1,300 have also been designated
as hazardous materials by DOT and assigned to hazard classes. Hand-
ling, loading, switching, location within train, and delivery prac-
tices are often broken down by hazard class. The DOT regulations for
tank cars are such that these vehicles are usually dedicated to haz-
ardous material delivery. Furthermore, each rail car or container
offered for shipment must generally be placarded on four sides if the
car or container carries a DOT hazardous material.
In addition to DOT regulations, ICC regulations for common car-
riers and Federal safety standards (Railroad Safety Act of 1970)
E-18
-------
apply. Military rail traffic is also governed by Joint Service Regu-
lations (in addition to the DOT regulations). Some state and local
regulations exist, but are very limited.
The relevant documents for the transport of hazardous waste con-
sist of the bill of lading and the waybill. The bill of lading,
which includes such standard information as shipper, consignee, date,
description of goods shipped, and routing, is prepared by the shipper
when the shipment is offered for transport. For hazardous materials,
the DOT regulations (49 CFR 172) require that bills of lading include
the proper shipping name, hazard classification, placard notifica-
tion, the total quantity shipped, and certification that the shipment
is in compliance with the DOT regulations. The railroad is ordi-
narily supposed to accept this certification by the shipper.
The bill of lading is ordinarily presented to the authorized
agent of the railroad, and the railroad prepares a waybill for the
train crew. The waybill is the document of transit and generally
includes the information on the bill of lading plus the standard
transportation commodity code and a special endorsement. The waybill
is filed at the railroad's destination office upon delivery. If the
rail car is moved to a private siding, the crew does not have to pos-
sess a copy of the waybill if the move is considered a switch or
transfer.
For hazardous materials, a copy of the certified bill of lading
must be kept on file by the origin carrier for at least three years,
E-19
-------
in accordance with ICC regulations. The railroads interviewed in the
Arthur D. Little, Inc. study all maintain this shipping data in an
internal computer system (Arthur D. Little, Inc., 1978a).
E.3.3 Air Transport. The amount of hazardous waste transported
by air is very small, possibly on the order of several tons per year.
Small amounts of waste acids, flammable metal shavings, radioactive
materials, and laboratory samples of hazardous wastes have been iden-
tified as being shipped by air. These wastes are shipped by air be-
cause local disposal or neutralization facilities do not exist. The
radioactive materials are being returned to the manufacturer for dis-
posal.
The existing regulations for the transport of hazardous waste by
air are much more stringent than those applying to other modes. In
addition to DOT regulations (49 CFR 175), there are FAA procedures
(14 CFR 1-199) and Airline Pilots Association standards (Operation
STOP). Recordkeeping, training, and safety practices for hazardous
materials are generally derived from these regulations.
The regulations require that copies of shipping papers, prepared
by the shipper, must be carried onboard. The originating carrier
must then maintain a copy of the shipping paper for 90 days. In ad-
dition to shipping papers, the air carrier is to prepare a manifest
for the total cargo. Shipments must be labeled according to DOT
hazard classes.
E-20
-------
Some differences between practices for air transport and other
modes of transport are worth noting. The criteria for determining
which materials may be shipped are more strict for air than for other
modes. Despite this limitation, however, both passengers and some
types of hazardous waste can be placed on the same aircraft. The
allowable quantities of hazardous materials that may be shipped by
air are also a great deal smaller than for other modes. Hazardous
materials on air flights generally do not require special placarding,
although these materials must be placarded if there is intermodal
ground transport (Arthur D. Little Inc., 1978a).
E.3.4 Pipeline Transport. Off-site pipeline transport of haz-
ardous waste is extremely limited. On a national level, there are no
major pipelines for transporting wastes; the commercial pipeline
industry is almost entirely devoted to the transport of fuel pro-
ducts. Waste transport by pipeline is generally limited to a few
concentrated industrial areas in the U.S.
A number of .iso.lated cases of hazardous waste transport by pipe-
line were identified by the Arthur D. Little, Inc. study (however,
these are private pipelines, not for-hire pipelines). Three instan-
ces of industrial wastes being transported off-site by pipeline were
found; two of these pipelines are in Oklahoma and the third is in
Texas. These pipelines are on the order of a half-mile or less in
length. In addition, regional sanitary districts sometimes use slur-
ry pipelines for the transport of sludge that contains industrial
E-21
-------
wastes; for example, the Cleveland Regional Sewer Authority and the
Metropolitan Sanitary District of Greater Chicago transport sludge 14
and 30 miles, respectively.
Regulatory control of pipeline waste transport is not uniform
and there are few standard practices. At present, CFR Title 49
applies to the pipeline transport of hazardous materials (not neces-
sarily wastes). Whenever a hazardous material is transported, the
Secretary of the DOT must be notified in writing. Also, accidents
must be reported to the Director, Office of Pipeline Safety.
Municipal operations often need local disposal permits for sludge
transported by pipeline. There are also state authorities with some
limited regulatory control over pipeline transport. In some instan-
ces, there may also be other overlapping regulations dealing with
transport by pipeline (e.g., Federal Water Pollution Control Act)
(Arthur D. Little, Inc., 1978a).
E.3.5 Waterway Transport. The quantity of hazardous waste
transported by barge on inland waters appears to. be small relative.to
highway transport. No vessels other than barges are known to car-
ry hazardous wastes. The barge is normally provided by the barge
line, not the generator.
Shipments of hazardous waste move primarily on the Gulf Intra-
coastal Waterway - Mississippi River System portion of the total
*RCRA does not apply to barges transporting wastes for ocean
disposal, except with regard to manifesting and recordkeeping,
E-22
-------
inland waterway system in tank barges with a capacity range of 1,200
to 1,500 tons. A typical one-way trip may be on the order of 1,000
or more miles. Most often, the waste transported includes spent
acids, spent caustics, and waste glycol. The wastes are generally in
liquid bulk form with a water content up to 90 percent and normally
are transported to resource recovery facilities.
The barge companies contacted by Arthur D. Little, Inc. indi-
cated that they observe Coast Guard regulations (CFR Title 46) and
the Department of Transportation regulations (CFR Title 49). These
regulations require general marking and placarding for various types
of hazardous materials. Although there is no placard that defines a
cargo as "hazardous waste," a number of placards are used that des-
cribe the danger associated with the hazardous waste being trans-
ported. In addition, red warning flags are positioned strategically
on the barge.
The bill of lading, weigh ticket, and shipping manifest papers
are the commonly used forms for recordkeeping.• The records serve
several purposes which include billing, taxes, lost cargo claims, and
compliance with regulations. The retention period for records varies
considerably among companies interviewed by Arthur D. Little, Inc.
The companies stated that records are retained in current files for 5
to 7 years because of legal requirements, as well as administrative
procedures.
E-23
-------
In addition to the above forms, shipping papers and a dangerous
cargo manifest must accompany shipments of hazardous packaged cargo
and solids in bulk. The shipping paper must have at least the fol-
lowing information: proper shipping name, hazard class, total quan-
tity of material, and shipper's certification. The dangerous cargo
manifest must contain information such as: the name of vessel, offi-
cial number, nationality of vessel, shipping name of each hazardous
material onboard, gross weight, classification of the hazardous
material, and stowage location onboard the vessel.
E-24
-------
APPENDIX F
POTENTIAL RECOVERY OF SPECIFIC HAZARDOUS WASTES GENERATED
BY SELECTED MANUFACTURING INDUSTRIES
F.I Potential Recovery of Hazardous Wastes Generated by the
Inorganic Chemical Industry
A detailed report by Versar, Inc. (1977) on alternatives for
hazardous waste management in the inorganic chemicals industry il-
lustrates the complex relationships among resource recovery, waste
treatment, and product cost resulting from both technically demon-
strated and conceptual alternative treatment systems. Technically
demonstrated treatment systems were presented for the mercury cell
chlor-alkali industry, the sodium manufacturing industry, and the
phosphorus manufacturing industry (Table F-l)*. Each of the treat-
ment systems demonstrated the derived benefits of resource recovery.
Comparison of treatment system costs with sanitary landfill costs
revealed significantly higher costs associated with resource recovery
(Table F-2). However, comparison of treatment costs with the cost of
chemical landfill revealed essentially equal costs for one system
designed for chlor-alkali plant wastes and cost benefits for recovery
of phosphorus from one waste stream of the phosphorus manufacturing
industry.
*In the case of phosphorus manufacturing, several key processing
steps have been demonstrated. However, the integrated treatment
process has not as yet been technically demonstrated. The sodium
recovery process has been used in the past, but has been abandoned
due to significant safety hazards.
F-l
-------
TABLE F-l
SUMMARY OF TECHNICALLY DEMONSTRATED ALTERNATIVE TREATMENT SYSTEMS
FOR WASTES GENERATED BY THE INORGANIC CHEMICAL INDUSTRIES*
r
Waste
Generating
Industry
Chlor-Alkali
Mercury
Cell
Sodium
Mfg.
Phosphorus
Mfg.
*Versar,
lAll unit
separation and
Treatment
System
Waste Identi- Feed Unit
No. Number kkg/day 1- 2
1 & 2 01100 19.5 Neut. Dls.
C.V C.IV
'
1 & 2 01200 19.5 Sed. Flit.
P.V P.V
3 06100 1.82 Pre Elec
Treat C.III
4 16B100 18.3 Floe. Clar.
P.V . P.V
Inc. 1977.
Processes la Treatment
345
Filt. Sed. Preci.
P.V P.V C.V
Calc. Post
C.IV Treat.
Grind Dry
P.V 'P.V
Phase Diat. Post
Sep. P.V Treat.
P.V
processes are listed in the sam'e order as recommended for treatment
"C" for chemical transformation processes.
of each unit process used. Legend: Neut - Neutralization
Dis - Dissolution
Filt - Filtration
ADL's categorization of
Calc - Calcination
Elec - Electrolysis
Grind - Grinding
Traint
678 Derived
Flit. Dls. Neut. 1) Mercury
P.V C.V C.V Recovery
2) Waste
Reduction
3) Waste
Detoxifi-
cation
1) Mercury
Recovery
2) Waste
Reduction
3) Waste
Detoxifi-
cation
1) Sodium
Recovery
2) Cell Bath
Recovery
3) Waste
Elimination
1) Phosphorus
Recovery
2) Waste
Reduction
Unit processes have been classified
I through V has been used to Identify
Floe - Flocculation
Sep - Separation
Dist - Distillation
Total
Treatment Cost Product
$/kkg of Waste Cost
Wet Dry $/kkg
Basis Basis of Product
89 361 6.9
34* 143* 2.7
3,170s 44
12 120 1.6
using "P" for physical
the developmental stage
Sed - Sedimentation
Preci - Precipitation
Clar - Clarification
Dry - Drying
^Average of systems 01200A and 01200B (multiple hearth vs. fludized bed calcination.
SThis waste stream contains no moisture. Therefore the treatment cost is given on dry basis only.
-------
TABLE F-2
COST COMPARISON OF RESOURCE RECOVERY TREATMENT SYSTEMS
WITH LANDFILL OPTIONS FOR WASTES GENERATED
BY INORGANIC CHEMICAL INDUSTRIES*
Industry
Chlor-alkali plants
mercury cell operations
Sodium plants
Phosphorus
Waste
stream
number
1 & 2
1 & 2
3
4
Capital investment
Treatment
system
1.54
0.66t
1.409
0.544
Sanitary
landfill
0.171
0.171
0.103
(0.010)*
0.208
(MM $)
Chemical
landfill
0.707
0.707
0.152
1.702
Annual operating costs ^*'
Treatment
system
626,300
246,360t
2,262,600
80,400
Sanitary
landfill
118,890
118,890
47,990
(27,220)4=
400,040
Chemical
landfill
246,430
246,430
66,460
1,189,400
*Versar, Inc., 1977.
tAverage of systems 01200A and 01200B (multiple hearth vs. fluidized bed calciner).
^Contractor operated sanitary landfill.
-------
F.2 Potential Recovery of Hazardous Wastes Generated by the
Organic Chemical Industry
Process Research, Inc. (1977) prepared a study on alternatives
for hazardous waste management in Lue organic chemical, pesticides,
and explosives industries. It was reported that nineteen of the
twenty-four waste streams studied could be treated in a manner that
would result in resource recovery (Table F-3). Considering cost
credit for material recovery, three of the waste stream treatment
systems could potentially result in net savings: hexaclorobutadiene
recovered from perchloroethylene plant wastes, chlorinated
hydrocarbons recovered from vinyl chloride monomer plant wastes, and
lead oxide recovered from lead alkyl plant wastes.
In addition, comparison of treatment costs with the cost of
chemical landfill disposal reveals potential cost benefits could be
derived from recovery in the case of seven of the waste streams
considered; comparison with incineration reveals potential cost
benefits in the case of six waste streams (Table F-4).
F.3 Potential Recovery of Hazardous Wastes Generated by the
Metals Smelting and Refining Industries
Calspan Corporation (1977a) prepared a study on alternatives for
hazardous waste management in the metals smelting and refining in-
dustries. Of the 34 waste streams and treatment systems examined, 15
could be expected to yield recycled materials for further use (Table
F-5). Of these 15 treatment systems, six resulted in a potential net
F-4
-------
TABLE F-3
SUMMARY OF ALTERNATIVE TREATMENT SYSTEMS FOR
WASTE GENERATED BY THE ORGANIC CHEMICALS INDUSTRY*
Stream
No.
1
2
3
4
5
5
7
8
9
Product and
Typical Plant Size
Perchloroethylene
39,030 KKg/yr.
Nitrobenzene
20,000 KKg/yr.
Chloromethane
50,000 KKg/yr.
Eplchlorohydrln
75,000 KKg/yr.
Toluene Dilsocy-
27,500 KKg/yr.
Vinyl Chloride
Monomer
136,000 KKg/yr.
Lead Alkyls
60,000 KKg/yr.
Ethanolamines
14,000 KKg/yr.
Furfural
35,000 KKg/yr.
Waste Stream
Components
Hexachlorobutadlene
Chlorobenzene
Chloroethanes
Chlorobutadlene
Tars
Crude Nitrated
Aromatics
Hexachlorobenzene
Hexachlorobutadlene
Tars
Eplchlorohydrln
Dlchlorohydrln
Chloroethers
Trlchloropropane
Tars
Polyurethane
Ferric Chloride
Isocyanates
Tars
1,1,2 Trlchloroethane
1,1,1,2 Tetrachloroethane
Tars
Lead
Tr Is thanolamine
Tars
Sulfuric Acid
Tars & Polymers
Waste
Generation
KKgf/yr.
12,000
50
300
_
4,000
558
1.400
' 30.000
• 1,120
19,600
Unit
(1)
(DIS)
P, IV
(SO)
P, IV
P, IV
(5)
(DIS)
P, IV
(SE)
P.III
(HY)
C IV
P.III
(FIL)
P, V
(CENT)
P, V
(SED)
P, V
Treatmi
(2)
(DIS)
P, V
(HY)
C.III
(CL)
C.III
(EVAP)
P, III
(DIS)
P IV
C, IV
(RED)
C, IV
(DIS)
P, IV
(HY)
C, III
ent Process^
(3) (4)
(CAT)
C, III
(DIS) (NEU)
P, IV C, V
(DIS)
P, IV
(NEU) (AL)
C IV B III
(RED)
C, IV
(FIL) (CAL)
P, V C, V
(COM)
B, V
Benefits Derived
90 Percent reduction in waste.
Recovery of Hexachlorobutadlene.
Detoxification.
10 Percent reduction in waste.
80 Percent converted to salable
product. (Nitrobenzene)
volume.
Salable Product
(Carbon Tetrachlorlde)
75 Percent reduction In waste
volume.
Recovery of Epichlorohydrin.
Detoxification of waste.
volume.
Recovery of > 900MT of chlorinated
Hydrocarbons.
Recovery of lead oxide.
Detoxification.
Reduction in waste volume.
Recovery of 280MT of TEA.
Low energy input.
Recovery of 1000MT Sulfurlc
Acid. Eliminate landfill.
Total Treatment
Cost'
$/KKg, Waste $/KKg, Prod.
-378.05 -116.32
1930.00 4.83
(./.(. "11 1 QQ
OHO . J J J . OO
0.50 0.03
428.14 8.69
_Q Q£ _ Q Q 1
11 1
188.48 15.08
50.38 28.71
Waste volume reduced 5 percent.
-------
TABLE F-3 (Continued)
Stream Product and
No. Typical Plant Size
10
11
12
13
14
15
16
17
Furfural
35,000 KKg/yr.
Fluorocarbon
80,000 KKg/yr.
Atrazine
20,000 KKg/yr.
Trifluralin
10,000 KKg/yr.
Malathion
14,000 KKg/yr.
Malathion
14,000 KKg/yr.
Parathlon
20,000 KKg/yr.
Explosives
93,000 KKg/yr.
Waste
Waste Stream Generation Unit Treatment Process*
Components KKgt/yr. (1) (2) (3) (4)
Fines & Particulates
From Stripped Hulls
Antimony Pentachloride
Carbon Tetrachloride
Trichlorof luoromethane
Organlcs
Water
Sodium Chloride
Insoluble Residues
Caustic
Cyanurlc Acid
Spent Carbon
Fluoroatomatlcs
Intermediates and
Solvents
Filter Aid
Toluene
Insoluble Residues
Dimethyl Dithiophos-
phorlc Acid
Malathion
Toluene
Impurities
Sodium Hydroxide
Diethylthlophosphoric Acid
Activated Carbon
Nitrobodies
350 ' (DIS)
P, IV
18 (RED)
C, IV
224,600 (NEU)
C, V
1,150 (C&G)
P, V
(5)
(COM)
B, IV
1,826 (HY)
C, V
(5)
(AL)
B, III
14.350H (SED)
350 ** P, V
2,300 (SED)
P, V
350H
200 tt (SB)
P, III
(HK)
C.III
(DIS)**
P, IV
(02)
C, III
(SE)
P, III
(SS)
P, IV
(RA)
P, III
(UF)
P, II
(DIS)
P, IV
(COM)
B, V
(AL) (EVAP)
B, II P, V
(CENT) (DIS)
P, IV P, V
(SED) (COM)
P, V B, IV
(DIS)
P, V
(FIL) (COM)
P. V B, IV
(CAL)
C, V
Benefits Derived
Recovery of 158MT/yr. furfural.
Catalyst recovery.
Low energy input.
Detoxification.
Boiler feedwater generated.
Salable Product. (Salt)
Recovery of 200MT/yr. of
Chloroform. Reduction In
Waste Volume of 50 percent
Moderates energy utilization.
Recovery of IKT/day of
Toluene, detoxification.
Recovery of Toluene and
Malathion. Total reuse of water.
Recovery of 2000MT/yr. of sulfur
Reduction of waste volume.
Cost savings because of carbon
regeneration.
Total Treatment
Cost i
$/KKg, Waste ?/KKg, Prod.
Combined with Stream
No. 12
5556.00 1.25
4.33 48.67
398.70 45.85
81.00 10.56
-0.38 -0.39
72.61 8.35
557.77tt 2.05
951.00ft
18 Explosives
30,000 KKg/yr.
19
Explosives
125,000 KKg/yr.
Redwater
Waste Explosives
15,000 (INC) - Tampella Process
C, V
250 (C&G) (OX) (ASL) (AD)
P, V C, IV B, IV B, IV
* Process Resource Inc., 1977.
tKKg = 1 Metric Ton (MT).
4See abbreviations at conclusion of table.
§ Includes credit for material where applicable! A minus sign indicates a cost credit.
SIncludes credit for lead recovery
Recovery of Selllte Est. @
$780,000.00.
99.5 percent reduction of waste
COD reduced 80-97 percent.
Recovery of energy.
Total destruction of explos.
**Dechlorination
ttWet basis
=f*Dry basis
IS Wet oxidation
212.54
1486. 40H
106.27
2.97 i§
-------
TABLE F-3 (Concluded)
Unit Treatment Processes
Listed below are the physical, chemical and biological unit treatment processes utilized
from the Table F-3. The selection of several unit treatment processes in proper sequence
forms an Alternative Treatment process.
7
Physical (P)
Centrifugation (CENT)
Distillation (DIS)
Evaporation (EVAP)
Filtration (FIL)
Resin Adsorption (RA)
Sedimentation (SED)
Solvent Extraction (SE)
Stream Distillation (SD)
Stream Stripping (SS)
Ultrafiltration (UF)
Crushing and Grinding (C&G)
Chemical (C)
Calcination (CAL) or Incineration (INC)
Catalysis (CAT)
Chlorinolysis (CL)
Hydrolysis (HY)
Neutralization (NEU)
Oxidation (OX) - Includes Chlorination
Ozonation (OZ)
Reduction (RED) - Includes Dechlorination and
Dehydrochlorination
Biological (B)
Activated Sludge (ASL)
Aerated Lagoon (AL)
Anaerobic Digestion (AD)
Composting (COM)
Process Categories
The category numbers described below indicate the approximate degree of process development.
No. Description
II Process might work in 5-10 years, but needs research effort first.
Ill Process appears useful for hazardous waste, but needs development work.
IV Process is developed but not commonly used for hazardous wastes.
V Process will be common to most industrial waste processors.
-------
TABLE F-4
COST COMPARISON OF RESOURCE RECOVERY TREATMENT SYSTEMS
WITH LANDFILL OR INCINERATION OPTIONS FOR WASTES GENERATED
BY THE ORGANIC CHEMICALS, PESTICIDES AND EXPLOSIVES INDUSTRIES*
Stream
No.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Product and
Perchloroethylene
39,000 KKg/yr.
Nitrobenzene
20,000 KKg/yr,
Chloromethane
50,000 KKg/yr.
Eplchlorohydrin
75,000 KKg/yr.
Toluene Diisocya-
nate 27,500 KKg/
yr.
Vinyl Chloride
Monomer 136,000
KKg/yr.
HaUic Anhydride
11,000 KKg/yr.
Lead Alky Is
60,000 KKg/yr.
Ethenolamines
14,000 KKg/yr.
Furfural 35,000
KKg/yr.
Furfural
35,000 KKg/yr.
Fluorocarbon
80,000 QCg/yr.
At ratine
20.000 KKg/yr.
Triflurelin
10.000 KKg/yr.
Malathlon
14,000 KKg/yr.
Malathlon
14,000 KKg/yr.
Parathlon
20.000 KKg/yr.
Explosives
93,000 KKg/yr.
Explosives
30,000 KKg/yr.
Explosives
125,000 KKg/yr.
Waste
Waste Stream Generation
Components KKg /year
Hexachlorobucadiene 12,000
Chlorobenzenes
Chloroethanes
Chlorobutadiene Tars
Crude Nlcrated 50
Aroma tics
Kexachlorobeazene
Hexchlorobut*diene Tars 300
Eplchlorohydrln 4,000
Dicblorohydrin
Choree t her s
Trlcbloropropaae Tars
Polyur ethane Ferric 558
Chloride Isocyanates
Tars
1.2 Dichloroethaoe 1,400
1,1,2 Trichloroethane
1,1.1,2 Tetrachloroethane
Tars
Haleic Anhydride 333
Fumaric Acid Chromogenic
Compounds Tars
Lead 30,000
Triethanolamine Tars 1,120
Sulfuric Acid Tars 19,600
and Polymers
Fines & Particulates 350
From Stripped Hulls
Antimony Pentachloride 18
Carbon Tetrachloride
Trich-Lorof luoronatnane
Organic*^
Water Sodium Chloride 224,600
Insoluble Residues
Caustic Cyanuric Acid
Spent Carbon Fluoro- 1,150
aromatlcs Intermediates
and Solvents
Filter Aid Toluene 1,826
Insoluble Residues
Dimethyl Dlthiophosphorlc
Acid
Malathlon Toluene 14, 350 J
Impurities Sodium 3501
Hydroxide
Oiethylchiophosphoric 2,300
Acid
Activated Carbon 350s
Hitrobodiea 200*
Red water Nitrobodies 15,000
of DNT
Vaate Explosives 250
Alternative Sanitary Chemical
Impact
Cost Prod. on Prod, Coat Cost
Cost Impact Selling Selling Cost Impact Cost Impact
S/KKg S/KKg Price Price S/KKg S/KKg S/KKg S/KKg
Waste Prod. S/KKg X Waste Prod. Waste Prod.
-378.05 -116.32 390.00 -29.8 10.00 3.15 48.00 16.00
1,930.00 4.83 510.00 0.95 98.00 0.24 157.00 0,39
646.33 3.88 320.00 1.21 97.00 0.58 128.00 0.77
0.50 0.03 882.00 0.003 17.00 0.92 55.00 2.90
428.14 8.69 1.124.00 0.77 97.00 2.08 156.00 3.34
-0.86 -0.01 300.00 0.003 17.00 0.25 67.00 0.94
— 810.00 N.A. 98.00 2.95 166.00 5.02
-47.18 23.59 1,440.00 -1.64 7.00 3.53 61.00 31.00
188.48 15.08 790.00 1.91 18.00 1.40 77.00 6.18
50.38 28.71 1,035.00 2.77 8.00 4.46 76.00 43.00
Included in Stream No. 12 —
5,556.00 1.25 1,080,00 0.12 98.00 0.02 117.00 0.03
0.01
4.33 48.67 4,295.00 1.13 6.00 71.00 N.A. N.A.
398.70 45.85 12,290.00 0.37 18.00 2.04 326.00 38.00
81.00 10.56 2.090.00 0.51 18.00 1.80 326.00 43.00
-0.38 -0.39 2,090.00 -0.019 18.00 0.40 76.00 1.90
72.61 8.35 1.918.00 0.44 17.00 2.00 70.00 8.00
557.77 2.05 N.A. N.A. N.A N.A N A N A
951.00
212.54 106.27 N.A. N.A. N.A. N.A. N.A. N.A.
1.486,40 2.97 N.A. N.A. N.A. S.A. N.A. N.A.
Cost
COB t Impact
S/KKg $/KKg
Waste Prod.
34.95 10.75
N.A. N.A.
226.00* 1.40*
55.00 3.00
234.00 5.00
136.00 1.40
323.00 10.00
N.A. N>A.
102.00 8,00
9.00 5.00
95.00 0.95
N.A. N.A.
N.A. N.A.
104.00 12.00
75.00 9.50
22.50^ 26.00
167.00'
57.50** 6.50**
657. OOS," 2.50**
1,120.03*'**
L83.00 91.50
895.00 2.00
•Process Research, Inc., 1977.
* Includes credit for materials reci
tone Shift Per Day.
Wet.
I Dry.
**Two Shifts Per Day.
very where applicable. A minus algn indicates a cost credit.
F-8
-------
TABLE F-5
SUMMARY OF ALTERNATIVE TREATMENT SYSTEMS FOR WASTE GENERATED
BY THE METALS SMELTING AND REFINING INDUSTRIES*
Hrj
1
vo
Waste Stream Mo.
Basic Oxygen Furnace -
Unit Sludge
Open Hearth Furnace -
Emission Control Dust
Electric Furnace - Wet
, Emission Control Sludge
Alternative
Process
Roasting
Roasting
Roasting
Treatment
Process Development
Category* * Stage* Benefits Derived
for recycle. Lead
sale.
recycle. Lead and
oxide recovery for
recycle. Lead and
oxide recovery for
and
zinc
sale .
zinc
sale.
$/Metric Ton of Waste $/Metric Ton of
Wet Dry Product
Total Net Total Net Total Net
Iron and Steel Prod. -
Rolling Mill Sludge
Iron and Steel Prod. -
Cold Rolling Mill -
Waste Pickle liquor -
Sulfurlc Acid (BjSO^)
Iron and Steel Prod. -
Cold Rolling Mill -
Waste Pickle Liquor-
Hydrochloric Acid (HC1)
Ferroalloys - Silico-
manganese Manufacture -
Slag and Scrubber Sludge
SB
Sintering
5A Precipitation C
Ill
Volatilization P
Reduction C
Roasting
Reduction C
Roasting
IV
IV
IV
Iron recovery for recycle.
Ferric chloride for sale.
Calcium sulfate (gypsum) for
chemical landfill.
Hydrochloric acid recovered
for recycle.
Ferric oxide recovered for
reuse.
Ferro and silicomanganese
for recycle.
6.46 1.45 16.25 3.65 0.03 0.006
55.54 43.31 1,365.82 1,065.24
38.38 24.80
20.36 18.79
449.78
50.80
290.63
46.88
6.24
2.06
4.87
1.33
15.07 13.91
-------
TABLE F-5
(concluded)
*d
1 — 1
o
Waste Scream No.
Ferroalloys - Ferro- 7
manganese Manufacture -
Slag and Sludge
Lead Smelting - 8
Sludge
Electrolytic Zinc 9
Manufacture
Pyrometallurgical Zinc 10
Manufacture - Sludges -
Primary Gas Cleaning and
Acid Plant Slowdown
Aluminum Manufacture - 11
Scrubber Sludges
Aluminum Manufacture - 12
Spent Pot liners and
Skimmings
Titanium Manufacture - 13
Chlorinator Condenser
Sludge
Aluminum Refining - 14
High Sale Slag
Alternative Treatment
Process Category"^ Stage*
Reduction C IV
Roasting
Sintering P V
Precipitation C V
Sintering P V
Cryolite P,C V
Recovery
Cryolite P,C V
Recovery
Centrifuge P III
Dewatering
Recycling
Crushing & P IV
Screening,
Dewatering &
Drying
Dissolution P,C IV
Evaporation
Dewatering
Drying
Benefits Derived
Lead and zinc oxide
for sale.
Lead recycled for
reprocessing.
Zinc recycled for
reprocessing.
Zinc recycled for
reuse.
Cryolite
Cryolite recovered for
reuse.
Titanium dioxide (rutlle)
and carbon recovered for
reuse.
Aluminum oxide recovered
for reuse.
Flux salts, sodium and
potassium chloride.
$/Metric Ton of Waste $/Metric Ton of
Total Net Total Net Total Net
$20.36 $18.79 $ 50.80 $ 46.88 $15.07 $13.91
6.80 1.01S 22.61 3.365 1.34 0.20s
16.81 3. 505 56.25 11.20$ 1.46 0.29s
3.56 15.44§ 11.78 51.085 1.43 6.21$
35.09 18.355 27.63 40.59s 13.65 7.14s
35.09 18.35s 27.63 40.59s 13.65 7.14s
12.53 14. 855 31.59 37.41s 10.39 12.31s
N.A. N.A. 47.89 26.02 67.04 36.43
^Alternative Treatment Unit Process Category: P - Physical, C - Chemical
^Alternative Treatment Stage of Development: III - Process appears useful for hazardous waj
IV - Process is developed but not commonly u:
V - Process common to most Industrial waste
§Net gain, i.e., value of recovered material exceeds cost of alternative treatment.
tes but needs development work.
>ed for hazardous wastes.
processors.
-------
gain due to the cost credit of recovered materials: lead from lead
smelting sludge; recycled zinc from electrolytic zinc manufacturing;
recycled zinc from pyrometallurgical zinc manufacture sludges and
other waste streams; cryolite from aluminum manufacturing scrubber
sludges; recycled cryolite from aluminum manufacturing spent pot-
liners and skimmings; and titanium dioxide and carbon from titanium
manufacturing chlorinator condenser sludge.
Comparison of treatment costs with the landfill option reveals
that in nearly all cases the value of metals or salts recovered could
more than offset the cost of either chemical or sanitary landfill
disposal (Table F-6).
F-ll
-------
TABLE F-6
COST COMPARISON OF RESOURCE RECOVERY TREATMENT SYSTEMS WITH LANDFILL OPTIONS FOR
WASTES GENERATED BY THE METAL SMELTING AND REFINING INDUSTRIES*
Waste Stream
Sanitary Alternative Treatment
Landfill Chemical Process
Number With Contain. Landfill Total
Net
to
Iron and Steel Production
Basic Oxygen Furnace - Wet
Emission Control Unit Sludge
Iron and Steel Production -
Open Hearth Furnace - Emission
Control Dust
Iron and Steel Production -
Electric Furnace - Wet Emission
Control Sludge
Iron and Steel Production -
Rolling Mill Sludge
Iron and Steel Production -
Cold Rolling Mill - Waste
Pickle Liquor - Sulfuric Acid
(H2S04)
Iron and Steel Production -
Cold Rolling Mill - Waste Pickle
Liquor - Hydrochloric Acid (HC1)
Ferroalloys - Ferrosilicon
Manufacture - Slag
5A
5B
3.83
3.83
3.83
4.40
5.98
5.97
N.A.
4.35
4.35
4.35
4.80
6.19
6.16
1.20
0.74
0.74
0.74
0.60
4.88
3.38
0.53
0.43t
0.43t
0.43
0.12
3.80
2.18
0.401"
-------
TABLE FT6 (Concluded)
Waste Stream
Ferroalloys - Silicomanganese
Manufacture - Slag and Scrubber
Sludge
Ferroalloys - Ferromanganese
Manufacture - Slag and Sludge
Lead Smelting - Sludge
Electrolytic Zinc Manufacture
Pyrometallurgical Zinc Manufacture -
Sludges - Primary Gas Cleaning and
Acid Plant Slowdown
Aluminum Manufacture -
Scrubber Sludges
Aluminum Manufacture - Spent
Potliners and Skimmings
Titanium Manufacture -
Chlorinator Condenser Sludge
Aluminum Refining -
High Salt Slag \
Number
7
8
9
10
11
12
13
14
15-
Sanitary
Landfill
With Contain.
2.70
2.70
5.99
5.03
5.99
5.20
5.20
4.29
N.A.
Chemical
Landfill
3.45
3.45
6.19
5.22
6.19
5.54
5.54
4.53
1.20
Alternative Treatment
Process
Total Net
1.02 0.95
1.02 0.95
0.65t t,*
1.40 - t,*
0.40 t,*
3.49 t,*
3.49 t,*
0.08 t,*
6.38 3.47
*Calspan Corporation, 1977a.
tLeast cost alternative.
$Denote.s that the alternative treatment process results, in a net gain.
-------
APPENDIX G
INDUSTRIAL WASTE CLEARINGHOUSES AND EXCHANGES
This appendix describes the role and operation of industrial
waste clearinghouses and exchanges in resource recovery activities.
The conceptual differences between the services offered by clearing-
houses and exchanges was stated succinctly in a report by Arthur D.
Little, Inc. (1976). The services performed by information clearing-
houses are described as follows (see also Table G-l):
"The basic service provided by an information clearinghouse is
simple and limited. Action begins when a generator sends to the
clearinghouse its offer of a waste which it thinks may have
scrap value. (Similarly, a user may initiate action by sending
his request for needed scrap material.) The clearinghouse then
publishes generator's offer among others in its next regular
list. A user scanning this list may be interested by the gene-
rator's waste, because he sees in it scrap material of value for
his manufacturing process. Because the offer is identified only
by code number, user next contacts clearinghouse to register his
interest in learning more. As clearinghouse passes user's name
on to generator, it completes its service. It thus satisfies
one of the requirements for a transfer—linking two potential
trading partners;
From then on, the clearinghouse plays no further role. Genera-
tor and user negotiate directly to discover whether the many
other requirements for a transfer—for example, acceptable
purity requirements, price, transportation costs, and mutual
confidence—are already satisfied or can be arranged. If so,
generator will transfer its waste to user directly;
The clearinghouse generally does not actively try to help satis-
fy requirements other than introducing potential transfer part-
ners. Thus, the role of the clearinghouse is only passive. It
exists to perform only limited functions—to help generators
advertise the existence of wastes with possible reuse value, to
help users identify such scrap wastes, and to refer potential
partners to each other. All other requirements for a transfer
must be satisfied by others—sometimes by generators and users
themselves, and sometimes by dealers or waste reprocessors."
G-l
-------
TABLE G-l
COMPARISON OF CLEARINGHOUSES AND EXCHANGES*
DESCRIPTION
Current Examples (described
in Appendices A & B)
INFORMATION CLEARINGHOUSE
European and St. Louis
Clearinghouses
MATERIALS EXCHANGE
Wimborne-CPR
Zero Waste Systems
• Services Offered
• Role & Strategy
• Geographic Area
• Industries Served
I. SERVICES
Information and referral only.
Passive-no assistance in negoti-
ating final matches.
No limit; broader coverage in-
creases utility of lists to
clients.
Mainly chemical.
• Scrap Hastes Accepted All wastes with conceivable
reuse value.
Buy chemical residues, identify
potential users, reprocess as
needed, and sell at profit; in-
formation and referral only as
courtesy, or as part of paid con-
sulting services.
Active-Business success depends
on brokering match to completion.
Transport costs limit most trans-
fers to radius of about 50 miles.
May be limited, based on special
skills, or extensive, to seek
more stable volume of activity.
Only wastes highly likely to be
transferable.
• Volume & Regularity
• Advertising
• Data Bank
• Facilities
Network
II. OPERATIONS
Begin with moderate and variable
level, but may later slow to
small and episodic; small, part-
time, flexible staff makes vari-
ations acceptable.
Periodic bulletins to house
ma-iling list;' journal ads also
possible.
Simple card files workable to
begin; computerizable punched-
card system will allow upgrading
to computer later as volume grows.
Only part-time office space;
access to association news bulle-
tin helpful.
Cooperation among clearing-
houses, by publishing each
other's lists, broadens geo-
graphic and industry coverage.
Begin with limited activity to
develop reputation, market, and
reprocessing capacities; main-
taining constant volume important
to use staff and facilities ef-
ficiently.
Aggressive personal marketing to
supplement brochures and word-of-
mouth needed to spot opportunities
and overcome client reluctance.
Same, but more data for each
material; broad industrial con-.
tacts are essential sources.
Lab for analysis, tanks and equip-
ment for reprocessing, storage
yard, own or lease trucks; second-
hand gear reduces capital cost.
Inter-regional cooperation possi-
ble, but limited by competition
for most profitable scrap materi-
als.
G-2
-------
TABLE G-l (Concluded)
DESCRIPTION
INFORMATION CLEARINGHOUSE
MATERIALS EXCHANGE
• Skills and Experience
. Size
• Style of Management
• Initiative to Create
Organization
III. STAFF
Only managerial and clerical
essential, but some industry and
chemical knowledge desirable.
Minimum:
Part-time manager and secretary,
with access to technical ad-
visors .
Maximum:
Dependent upon volume and fees.
Only reactive.
Group, association, with ap-
proval of top management.
Chemicals analysis, materials-
handling, detailed Industry know-
ledge, technical imagination,
marketing entrepreneurship, and
business management; access to
legal skills.
1-6 full-time with business and
technical skills; clerical and day
labor staff as volume requires.
Entrepreneurial, aggressive.
Mainly individual, by risk-taking
entrepreneurs.
• Pricing Policy
• Income Sources
• Initial Captial
Required
• Annual Operating
Budget
• Risks Acceptable
IV. FINANCIAL
Free, if subsidized; small list-
ing fee acceptable to clients;
later, clients may also accept
larger subscription fee.
i
At first, subsides from sponsor;
later, fees from clients.
None, if office and publication
available.
$10,000-$SO,000.
Little or none; sponsor's in-
terest is in preserving its
reputation.
Negotiated for each waste, with
likely minimum of $250. "Loss
Leader" pricing possible at be-
ginning to establish reputation.
Capital from investors or parent
company; fees from clients.
S200,000-$250,000.
$50,000-$150,000.
Considerable risks necessary.
• Organizational Form
• Sponsorship
• Government Regulation
of Waste Disposal
« Liability
• Laws Affecting Trans-
fer Organizations
V, LEGAL
Small staff unit of sponsor, or
agency funded by sponsor.
Industry association typical
and preferred. Government pos-
sible only if client confidenti-
ality guaranteed; state or fed-
eral environmental agencies more
likely than local or special
governments.
Helpful, but not essential for
a subsidized service, the stric-
ter, the better for a self-
supporting one.
Concern for generators, but not
clearinghouse.
Same as those for any informa-
tion or research services.
Independent, small, specialized
company; or subsidiary of a large,
multi-service company.
Private investors or parent
company.
The stricter, the better, to
create and stabilize market demand.
As owner and treater of material,
exchange exposed to suit.
Same as those for any chemical
hauler, treater, or reclaimer.
Arthur D. Little, 1976.
G-3
-------
Whereas the services offered by material exchangers is discussed
as follows:
"In contrast to the simple linkage function performed by an
information clearinghouse, the services offered by a waste
materials exchange are several and complex. As an active dealer
in touch with the chemical industries, an exchange identifies
potential uses and users, buys or accepts wastes in which it
sees value, reprocesses them as necessary (perhaps by chemical
treatment, perhaps by consolidating or dividing batches), con-
vinces users of their value, and sells them at a profit;
Whereas the role of the clearinghouse is passive, that of the
materials exchange is active. All existing exchanges are
profit-seeking firms. They can survive economically only by
searching vigorously for transfer opportunities and completing
them successfully. Instead of stepping back from negotiation
after introducing generator and user, the materials exchange
remains interposed between them. As in stock and commodity
exchanges, the two trading partners do not know or deal with
each other directly, but only via the middleman or broker.
Therefore, the items transferred pass physically, economically,
and legally through the hands of the exchanger, which earns its
income from commissions charged on completed transactions;
It follows from the larger role played by the materials exchange
that its organization and economics must be more complex than
.those of the information clearinghouse. For example, a user
must know whether a scrap waste has the chemical and physical
properties compatible with his intended use. But a generator
typically does not know enough in detail about these properties,
often because several wastes from several chemical processes
have been mixed; moreover, sufficient analysis can be done only
with the potential use in mind. Thus, the materials exchange
must operate or contract for laboratory services to analyze the
waste. In almost all cases, except for the unusual and ideal
case when generator's waste exactly fits user's need "as is,"
the exchange must process or arrange for processing the mater-
ial. Moreover, the user wants assurance about the scrap waste's
characteristics, sometimes from a legally-binding certificate
backed by the exchange's business reputation."
In the past few years, because of increased interest in resource
recovery, information clearinghouses have been started in many areas.
0-4
-------
These may be public, private, or a combination of both. In some
instances, a state now contracts with a private organization to pro-
vide the service.
Industrial waste clearinghouses and/or exchanges are currently
operating in the states of California, Texas, Iowa, Illinois,
Missouri, Minnesota, Georgia, Tennessee, New York, and Massachusetts.
The importance of this type of operation can be seen by examining
some specific examples.
G.I Iowa Industrial Waste Information Exchange
The program in Iowa is coordinated with the Iowa State Univer-
sity Center for Industrial Research and Service (CIRAS). It was put
in operation on January 1, 1976. This clearinghouse lists available
wastes and wanted materials on a periodic basis. Confidentiality is
observed. This system operates almost solely in the state of Iowa,
although the staff indicates their belief in the need for a national
system.' About 160 materials have been listed from 118 companies, and
more than 450 inquiries have been made with about 25 transactions
having taken place over a two-year period. The types of waste listed
are scrap stock, waste wood products, paints, steel drums, paper pro-
ductions, oils, plastics, and chemicals. Table G-2 gives a general
breakdown by quantity. Assuming that the fly ash is generated pri-
marily by utilities, this listing of hazardous wastes available
represents two percent of the total industrial hazardous waste gen-
erated in the state of Iowa. The percentage of materials listed for
G-5
-------
TABLE G-2
APPROXIMATE QUANTITIES OF HAZARDOUS WASTE LISTED ON THE
IOWA INDUSTRIAL WASTE INFORMATION EXCHANGE IN 1976 AND 1977*
Quantity
Waste (metric tons/year)
Fly ash dusts 260,000
Acid 5,100
Plastics 700
Inorganics 270
Oils 240
Hazardous metals 110
Organics 10
TOTAL 266,430
*State of Iowa, 1977.
G-6
-------
which transactions were made was approximately 15 percent. This num-
ber is not greatly different from the long-term experiences of the
older European clearinghouses, suggesting that about 10 percent of
the scrap wastes listed will be actually transferred (Arthur D.
Little, Inc., 1976).
G.2 California Industrial Waste Information Exchange
An information exchange program established by the California
Department of Health, Vector Control and Waste Management Unit, has
grown very rapidly due to enthusiastic industrial participation. The
program assists manufacturers in solving their disposal problems in
some cases by offering income from an unexpected source and in other
cases by reducing the amount of money spent on disposal fees.
As the California program progressed, it became apparent that
the recovery and reuse of liquid and hazardous wastes are not well
documented, but that the potential is there. In addition, it was
found that many times industry needs guidance. Solvent recovery, for
example, is immensely simplified if the various kinds of solvents are
collected separately rather than combined in one waste storage tank.
Thus, hydrocarbons should be collected separately from chlorinated
solvents; alcohols and ketones separately from aromatics, etc. The
storage equipment costs are quickly amortized by the value received
for the used solvents (State of California, 1977).
Many of the informational and educational benefits of the
California system have been derived through personal interviews with
G-7
-------
industry representatives. A case in point is a drum company that
cleans, reconditions, and repaints metal drums. The company uses
about 7,000 gallons of toluene per month, on a once through basis,
for paint removal. The waste stream was composed of toluene and
paint sludge, both of which were discharged at a Class I site.
Through the clearinghouse interview, it was pointed out that the
toluene could be recovered by tolling it out to a solvent recovery
unit that would repurify and return it for about one-third the cost
of new toluene. This left only the paint sludge to be disposed of at
nominal cost (State of California, 1977).
Examples of this type have become manifold now that California
has instituted a one-man effort to return industrial waste streams
into useful applications. It appears that a low-key state controlled
waste brokerage office could be greatly instrumental in reducing the
tremendous amount of wastes that are now being burned or going into
disposal sites (Personal Communication, Schwarzer, 1977).
For instance, 50,000 tons of diatomaceous earth were located in
a waste stream from a sugar company in the San Francisco Bay area.
In another interview, a cement company was able to learn of such a
large source of material used in their process. Another firm that
makes pipe insulation and is contemplating a move was also gratified
to learn of this raw material (State of California, 1977).
A pigment company produces 200 to 300 tons per month of high
purity iron oxide and discharges it because its color tone does not
G-8
-------
qualify the materials as pigment grade oxide. A local oil company
that makes iron oxide containing catalysts is interested in this
waste because of its high quality; a cement company is interested
because iron oxide is used in making cement; and an agricultural
chemical company is interested since iron salts and zinc salts are
valuable for agricultural purposes (State of California, 1977).
These examples demonstrate the ways in which clearinghouses and
exchanges can make a contribution to resource recovery and also
illustrate that as more information is gathered, the opportunity
increases for matching waste streams with companies that can use
them.
California estimates that in order to implement a low-key, but
effective recycling team, a minimum of four to six technically
trained personnel would be needed to cover the technically developed
portions of the State. This team would be used to gather data and
increase the knowledge of the industrial processes and their efflu-
ents within the Sta-te (State of California, 1977).
G.3 National Clearinghouses
It is widely believed that clearinghouses can be expanded on a
national scale. This would likely require the use of computer tech-
nology. The only computer based clearinghouse program currently
known to be in existence is that carried out by the state of
Minnesota in conjunction with TECHNOTEC, a service of Control Data
Corporation. There are now over 4,000 entries on file in the
G-9
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computer. As with the other clearinghouses, there is no record of
transactions. However, these data could be retained and would
represent a viable means of determining supply and demand.
G-10
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APPENDIX H
METHODOLOGY FOR THE DERIVATION
OF HAZARDOUS WASTE GENERATION FACTORS
H.I Methods of Quantifying Hazardous Wastes
Since direct determination of the quantity of hazardous wastes
generated in the United States is presently infeasible, estimates must
be made based on extrapolations from the portion of wastes for which
data are available. There are several extrapolation methods which
have been considered. Most such methods are based on the amount of
hazardous wastes generated either per quantity of product produced,
value added, number of production employees, or total employment of
individual establishments whose waste generation is known. In addi-
tion, some previous studies have conducted surveys to estimate hazard-
ous waste generation within the survey group and have then extrapo-
lated total hazardous waste generation based upon the portion of
establishments surveyed. With each of these methods, generators may
be grouped by industry type in various levels ranging from very speci-
fic categories, such as establishments manufacturing inorganic pig-
ments, to quite broad categories, such as all establishments manufac-
turing chemicals and allied products. Each method of extra polation
has both advantages and disadvantages in terms of accuracy, ease of
use, and the amount and availability of data required. As expected,
the accuracy of any particular method is a function of the amount and
quality of the available data.
H-l
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The more accurate methods, such as those involving estimates
based upon the amount of product produced by specific processes or
industries, are practical only in cases involving small, well-studied
areas for which the required data can be easily and reliably gathered.
Such was the case in a study prepared for the Minneapolis-St. Paul
area (Barr Engineering Co., 1973). However, several problems arise
when such methods are extended to cover large areas. Production data
and costs are usually considered proprietary and are, therefore, dif-
ficult to obtain on a scale large enough to extend to a state level,
let alone to the national level. In addition, the manufacturing
processes used to produce a single product may vary considerably,
affecting both the amount of waste generated and the waste charac-
teristics. At the same time, the number of products that must be
considered becomes large as the study area is expanded and therefore
includes a greater diversity of industries. Use of these techniques
also often precludes the aggregation of similar industries using
different processes, thus resulting in the need for formidable data
handling capability.
The methods that have been most commonly used in previous state
surveys involve extrapolation by number of establishments or by number
of employees. These surveys generally gathered data through direct
contact by letter, telephone, and/or site visit with a representative
portion of companies in each major industry group, usually categorized
by Standard Industrial Classification (SIC) code. This was done at a
H-2
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number of different resolutions (i.e., two-digit, three-digit, or
four-digit SIC code levels), depending on the individual survey. Some
surveys mixed levels to use more detailed resolutions for the larger
industry groups in particular states. Some states, e.g., Kansas
(State of Kansas, 1977) and Rhode Island (State of Rhode Island,
1977), estimated the total hazardous waste production in the state by
extrapolation based on the number of industries surveyed in each SIC
group. While this technique may be suitable for some areas which have
surveyed a representative cross-section of each industry, the
variation in company sizes and, hence, waste production, and the
tendency for surveys to contact the larger companies in an industry,
generally result in excessive errors when extrapolating over a large
area based on a small sample.
The majority of previous reports attempting to perform a
comprehensive waste survey have used the number of employees as a
basis for extrapolation from individual company data to state-wide
waste volumes '(e.g., State of-Washington, 1974; Stradley et al.,
1975; Fennelly et al., 1976; and Battelle, Pacific Northwest
Laboratories, 1977). Although use of the number of production
employees might provide a more accurate extrapolation, lack of
appropriate data dictated the use of an extrapolation based on total
employees in all of the studies cited above. Usually, the statewide
studies grouped industries using a mixture of two, three, and
four-digit SIC codes, using the more detailed levels for the larger
H-3
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industry groups in the state. In some cases, industry groupings were
made which combined different SIC codes.
For the purposes of estimating hazardous waste generation
throughout the country, it was decided to use an extrapolation based
on the total number of employees, since the available data in the
literature were more realistically adaptable to that method than to
any of the other methods discussed above. Estimation of hazardous
wastes was necessarily limited to manufacturing industries categorized
by the two-digit SIC codes 20 - 39, with the exception of SIC 21 —
Tobacco Manufacturers — due to a nearly complete lack of data for
this highly regionalized industry. Some of the implications of this
approach are discussed in a later section of this appendix.
H.2 Data Sources
Hazardous waste generation factors were developed at the two-
digit SIC code level using data from five state survey reports,' a
survey of EPA Region X, a list of hazardous waste disposal permits
from Illinois, a computerized industrial waste inventory from Mary-
land, and unpublished data from state files in Texas. The criteria
used for evaluating state data were:
• The definitions or criteria for inclusion of wastes had to be
compatible with those of the Subtitle C regulations.
• The survey data had to be categorized by SIC code and be
amenable to aggregation at the two-digit SIC level.
• The survey had to either include the number of employees
represented by the reported wastes, or alternatively, the
wastes surveyed had to represent the majority of the wastes
generated in the state.
H-4
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The states for which data were available and which met these
criteria were Illinois, Kansas, Maryland, Massachusetts, Minnesota,
Mississippi, Texas, and Washington. In addition, a study of wastes
generated in EPA Region X supplied useful data for a few SIC groups.
Although these sources all met the criteria, there were significant
differences in the goals and methods used in the various studies,
resulting in differences in definition, waste exclusions, and other
factors which affect their comparability, as discussed below.
Illinois presently has a hazardous waste program in operation for
all waste disposal operations, including on-site facilities. Permits
are required for the disposal of all special wastes which are defined
as "any industrial process effluent, pollution control residual or
hazardous waste, including all liquid waste, sludges, and wastes
likely to cause fire." Hazardous waste is defined as "any refuse
that, of itself or in combination with any other substance, is harmful
or potentially harmful to human health or the environment and in
conformance with state criteria...[and which] requires special waste
management techniques due to its toxic, volatile [flammable],
corrosive, explosive, carcinogenic, reactive, pathological, or
radioactive nature" (Personal communication, S. Miller, Illinois
Environmental Protection Agency, 1977). The 1977 list of special
waste disposal permits was estimated by state officials to account for
approximately 80 percent of the hazardous waste generated in the
state. The permits were categorized by industry type, generally
H-5
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corresponding to the SIC code classification, with the following
exceptions: data for SIC code 20 include wastes generated in SIC
codes 01, 02, and 09; data for SIC codes 22 and 23 were combined, as
were SIC codes 24, 26, and 27. The latter were not used for the
nationwide generation factors. In addition, data for SIC 28 included
SIC 291; and SIC 29 included SIC 289. There were 679 permits listed
in 1977, 85 of which were for non-manufacturing industries (SIC codes
other than 20-39). The 1972 Census of Manufacturers listed 18,600
manufacturing establishments in SIC codes 20-39 in Illinois (U.S.
Department of Commerce, 1976).
Beginning in 1975, the Kansas Department of Health and Environ-
ment conducted a survey of hazardous wastes based on on-site inter-
views at 396 facilities, or 9.2 percent of the 4,306 facilities listed
in the Kansas Directory of Manufacturers. The survey was conducted at
the three-digit SIC level and covered 87,500 employees. Wastes were
considered hazardous if they contained any of the hazardous constitu-
ents included on a list derived from several previous hazardous waste
studies performed around the country. Wastes which were covered by
NPDES permits were excluded. The study concentrated on industries
listed by EPA as potential hazardous waste generators, based on NPDES
permit description and air emission records in Kansas files. The
survey excluded numerous three-digit manufacturing SIC codes that were
not considered to contain potential generators (State of Kansas,
1977).
H-6
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Data from Maryland were based on a computerized listing of
industrial wastes generated within the state. The information was
developed by phone, by mail, and through personal visits with 731 out
of 2,877 manufacturing firms, representing 180,600 out of 235,000 (77
percent) employees in SIC codes 20-39. The survey delineated 14 waste
classifications: solvent, acid, caustic, cleaning wastewater, oil,
inorganic solid, organic solid, inorganic liquid, organic liquid,
mixed chemical liquid, inorganic sludge, organic sludge, mixed
chemical sludge, and mixed chemical solid. It was noted that "speci-
fic waste streams in these categories represent various degrees of
"hazard,1 depending upon their constituents" (State of Maryland,
1977). Cleaning wastewater made up 58 percent of the total waste
reported for the state. In addition, it was noted that the wastes
reported for SIC 20 (Food and Kindred Products) contained much organic
matter which was not necessarily hazardous. Similarly, wastes repor-
ted in SIC 32 (Stone, Clay, Glass and Concrete Products) contained a
large volume o£ inert solids which were not necessarily hazardous
(State of Maryland, 1977 and 1977a).
The Massachusetts Division of Water Pollution Control sponsored a
survey of hazardous waste generation and disposal in 1975. The survey
contacted 446 of 4,868 (9.2 percent) companies considered potential
generators, representing 45.4 percent of the industrial employment in
the state. It concentrated on SIC codes 22 and 26-39, obtaining data
on all but SIC 32. Data were determined at the three-digit and
H-7
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four-digit SIC code levels, extrapolated to the whole state based on
the percentage of employees contacted, and reported at the two-digit
SIC code level. The survey report also presented the raw data, which
were used for the development of the nationwide generation factors.
The working definition of hazardous wastes was "waste substances which
because of their chemical, flammable, explosive, or other characteris-
tics constitute or may reasonably be expected to constitute a danger
to the public health, safety, or welfare to the environment."
Additional detailed definitions divided hazardous wastes into five
categories: waste oils; solvents and chlorinated oils; toxic metals,
etchants, pickling and plating wastes; explosives, reactive metals and
compounds; and hazardous, chemical, biological and radioactive wastes
(Fennelly et al., 1976).
Minnesota's hazardous waste survey was performed jointly by the
Minnesota Pollution Control Agency and Battelle, Pacific Northwest
Laboratories (Battelle, Pacific Northwest Laboratories, 1977). Infor-
mation from earlier surveys (e.g., Barr Engineering Co., 1973) was
included, but the primary data sources for the report were a written
survey conducted by mail with the co-operation of the Minnesota Asso-
ciation of Commerce and Industry and a field survey of major indus-
tries. Various criteria and definitions were considered for delineat-
ing hazardous waste. The existing state definition was "any refuse or
discarded materials in solid, semi-solid, liquid, or gaseous form
which cannot be handled by routine waste management techniques because
H-8
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they pose a substantial present or potential hazard to human health or
other living organisms because of their chemical, biological, or
physical properties. Categories of hazardous materials include, but
are not limited to: explosives, flammables, oxidizers, poisons, irri-
tants, and corrosives." In addition, the survey used information
presented in the literature and compared potentially hazardous wastes
with a "waste category list" and with EPA Drinking Water Standards
(eliminating wastes which meet the standards even though they may
contain low levels of pollutants such as chromium, lead, and other
metals). The survey was conducted at the two-digit, three-digit, and
four-digit SIC code levels and covered 822 of 3,981 (21 percent)
industries in SIC codes 20-39, representing 22 percent of the total
industrial employment in the state. In individual SIC codes, the
coverage ranged from 6 to 53 percent of the employees. The wastes
volumes were extrapolated based on the number of employees in the most
detailed SIC code level, and adjusted for waste generation of a few
large .companies considered unrepresentative of the other companies in
their SIC codes (Battelle, Pacific Northwest Laboratories, 1977).
The Mississippi State Board of Health (State of Mississippi,
1975) inventoried all wastes generated in the state which were not
under the regulatory authority of the Mississippi Air and Water Pollu-
tion Control Commission; i.e., the survey did not collect data on
discharges to air or surface waters, but concentrated on "solids,
liquids, and sludges destined for land disposal, including solids and
H-9
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sludges in settling ponds, evaporation ponds, and biological lagoons."
A category of "special wastes" was created for those wastes "which
were deemed hazardous, as well as those which may not be imminently
hazardous but do require extraordinary handling and disposal
techniques; e.g., waste oil." Questionnaire forms were sent to each
of the 2,146 manufacturers listed in the Mississippi Manufacture's
Survey. The mailing achieved a response of approximately 38 percent,
with about 15 percent of these (about 120 companies) considered
applicable for use as raw data. Subsequent contacts by telephone and
plant visits obtained data on about 360 additional companies. The
survey estimated that the "industries which were contacted...
constitute more than 90 percent of those producing such (special)
wastes, with the exception of miscellaneous producers of paints,
solvents, and waste oil." The report listed the volume of wastes and
number of employees represented by the contacted industries in SIC
codes 24, 25, 28-30, and 32-39. The establishments which were
contacted employed 63,900 people. The 1975 Mississippi employment in
those SIC groups was 120,200 (U.S. Department of Commerce, 1977).
Raw data on waste streams from individual establishments in Texas
were obtained from state files maintained by the Solid Waste Branch of
the Texas Department of Water Resources. The department maintains a
file of each establishment in the state listing the individual waste
streams and classifying the wastes using the following definitions:
H-10
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Class I wastes consist of "all materials not Classes II or III, norm-
ally including all industrial solid wastes in liquid form and all
hazardous wastes." Class II wastes consist of "organic and inorganic
industrial solid waste that is readily decomposable in nature and con-
tains no hazardous waste materials." Class III wastes are "essenti-
ally inert and insoluble industrial solid wastes, usually including
rock, brick, glass, dirt, certain plastics and rubber, etc., that are
not readily decomposable." Industrial hazardous waste "means any
waste or mixture which, in the judgment of the Executive Director, is
toxic, corrosive, flammable, a strong sensitizer or irritant, gener-
ates sudden pressure by decomposition, heat, or other means and would
therefore be likely to cause substantial personal injury, serious
illness, or harm to human and other living organisms (State of Texas,
1975)." It was estimated that the waste streams on file account for
80 percent of the hazardous wastes generated in the state (Personal
communication, J. Carmichael, Texas Division of Solid Waste
Management, 1977).
The Solid Waste/Resource Recovery Division of the Washington
Department of Ecology conducted a hazardous waste survey in 1973 and
1974 (State of Washington, 1974). They surveyed 450 firms at the
three-digit and four-digit SIC code levels, compiling information on
total waste generation, recoverable waste generation, the amount
actually recovered, and the amount of waste which was considered
potentially hazardous. Their working definition of potentially
H-ll
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hazardous waste was "any waste which requires special management
provision in waste handling (process, storage, collection, hauling,
and disposal) because of its acute and/or chronic effects on the
public health and welfare, the individuals who handle it, or on the
environment." The survey covered industries in SIC codes 20, 24,
26-29, and 32-35, with only partial coverage in SIC codes 26, 27, 32,
34, and 35.
EPA"s Region X consists of the states of Alaska, Washington,
Oregon, and Idaho. A hazardous waste survey was performed in the
region in 1975 by Battelle, Pacific Northwest Laboratory (Stradley et
al., 1975). Approximately 2,500 individual operations were evaluated
as potential hazardous waste sources. The study identified 231 indus-
trial sources in 11 SIC codes. In order to protect confidentiality,
the report combined several sources in SIC codes 22, 33, 34, 36, and
37. Separate data were presented for groups of companies in SIC codes
2491, 271, 28, 2911, 3111, 333, 334, 335, 3471, 3479, and 3691. Al-
though no employment data were provided and no extrapolation was
performed, the report implies nearly complete coverage of wastes
generated in the region.
Data from Rhode Island, Oregon, California, Ohio, and Nebraska
were also examined for inclusion, but did not meet the desired
criteria.
H.3 Development of Generation Factors
As previously discussed, generation factors were developed based
on the assumption that the ratio of the amount of hazardous waste
H-12
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generated by an industry to the number of employees in that industry
is approximately constant among all establishments within each indus
try grouping at the two-digit SIC level. Factors were derived for
each two-digit SIC group in the manufacturing division (SIC codes
20-39), with the exception of SIC 21 — Tobacco Manufacturers — due
to a nearly complete lack of data for this highly regionalized
industry. The generation factors were calculated using the
expression:
N
Fs = N
Where Fs is the generation factor in metric tons per employee per
year for the 2-digit SIC code; W^ g is the amount of hazardous waste
generated in SIC code s, reported for state i; Ej_ s is the number of
employees associated with W^ g; and N is the total number of states
reporting data for SIC codes. Where possible, raw data were used
rather than extrapolated data presented in the state surveys. Table
H-l lists the sources used, the data form (reported or extrapolated),
and the SIC codes for which they presented usable data. In most
cases, the generation factors were calculated based on employment data
provided in the survey reports gathered at the same time as the waste
data. However, in other cases, notably Illinois, Texas, and Region X,
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TABLE H-l
DATA SOURCES FOR GENERATION FACTORS
I
M
4S
State/
Region
Data
Form*
SIC Codes
Covered
Comments
References
Illinois
Kansas
Maryland
EX
Mississippi
Texas
Washington
Region X
RP
EX
20,22,25,28-39
RP 20,28-30,33-37
RP 20,22-39
Massachusetts RP 22,27-31,33-39
Minnesota EX 20,24-39
24,25,28-30,
32-39
20,22,24,26-30,
32-38
EX 20,24,26-30,
32-35
RP 28,29,31
Used list of special waste
disposal permits; Extra-
polated from 80 to 100
percent.
Used reported waste minus
cleaning wastewater; SIC
32 also excludes inorganic
solids; SIC 20 includes
only acid, caustic, oil,
and solvent wastes.
Personal communication,
Miller, Illinois EPA, 1977
State of Kansas, 1977
State of Maryland, 1977 and
1977a
Fennelly, et al., 1976
Extrapolated by employees Battelle, Pacific Northwest
in report; reported high Labs, 1977
and low values; median used.
State of Mississippi, 1975
Used Class I wastes;
extrapolated from 80 to
100 percent.
Extrapolated by employees
in report; replaced by
Region X data where avail-
able.
Did not use for SIC codes
which were covered by only
one 3 or 4 digit group, or
which were combined across
2 digit groups.
Personal communication,
Carmichael, Texas DSWM,
1977
State of Washington, 1974
Stradley, et al., 1975
*EX - extrapolated to entire state; RP - as reported (raw data).
-------
the factors were calculated using 1975 employment data from the U.S.
Department of Commerce (1977).
Table H-2 presents the derived generation factors, the number of
states and employment upon which the factors were based, and makes a
comparison to the total U.S. employment in each SIC code. The number
of states providing data ranged from one (SIC 23) to eight, and aver-
aged six. The percentage of the U.S. employment used in developing
the factors ranged from one (SIC 23) to 38 (SIC 29). In all, 14
percent of the industrial employment of the United States are
represented in the factors.
H.4 Limitations of Generation Factors
Although the generation factors were derived using 14 percent of
the U.S. industrial employment, there are several considerations which
must be emphasized when using them to estimate total national waste
generation. These are the comparability of the data sources; possible
biases in the coverage of industries; inaccuracies introduced through
misleading or misinterpreted company responses; inaccuracies intro-
duced by the use of two-digit SIC codes rather than more specific
groups at the three- or four-digit levels; and potential errors
introduced by the assumption that waste generation per employee is
constant throughout specific industries, independent of geographic
region and establishment size.
H.4.1 Comparability of Data Sources. The definitions and
criteria for hazardous waste included in the various data sources were
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TABLE H-2
GENERATION FACTORS FOR THE CALCULATION OF
ESTIMATED QUANTITIES OF HAZARDOUS WASTE
GENERATED BY MANUFACTURINC INDUSTRIES
(BASED ON EMPLOYMENT)
Contributing data
SIC
Code
20
22
23
24
25
26
. 27
28
29
30
31
32
33
34
35
36
37
38
39
Totals
Calculated
generation
factor*
0.19
0.17
0.11
0.13
0.59
4.86
0.12
33.72
6.29
0.38
2.49
2.34
3.49
1.27
2.35
0.13
0.59
0.13
0.64
Number of
states
6
4
1 (Md)
5
5
4
5 •
8
8
7
5
6
8
8
8
7
7
6
5
Employment
(thousands)
279
16
6
81
30
55
101
168
57
98
14
89
189
250
445
349
179
85
54
2,591
Total
1975 U.S.
employment
(thousands)
1,528
870
1,221
600
408
581
1,079
849
151
593
266
593
1,098 '
1,398
1,979
1,533
1,599
1,915
422
18,684
Percent
of U.S.
employment
represented
18
2
1
13
7
9
9
20
38
17
5
15
' 17
21
22
23
11
4
13
14
(percent
of national
total)
*Metric tons/employee/year
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not entirely consistent. As discussed in the individual state
descriptions, the wastes included in the surveys varied from
industrial wastes generated by 26 percent of the manufacturing
establishments in Maryland to wastes currently permitted for disposal
in hazardous waste facilities in Illinois. Additionally, many of the
surveys made no clear distinction between wet or dry weights.
Although attempts were made to standardize the data, discrepancies
remained which affect the computed generation factors.
Additional discrepancies arise due to variations in the indus-
tries covered and waste exclusions used by the different surveys. For
example, the Washington survey did not include any wastes which are
recycled, and the Illinois data did not include wastes leaving the
state. Also, the Region X study recognized only 231 generators in
four states, and the Kansas survey excluded over 50 of the three-digit
level industry groups within SIC codes 20-39. Some of these
exclusions were due to the absence of particular industry types in
various states, but others were a matter of judgement by survey
personnel due to time and budget constraints. Typical criteria for
exclusion were the small size of an industry, lack of cooperation from
individual companies, or lack of indications in previously published
studies that a particular industry group generates hazardous wastes.
It is therefore possible that some industry groups which do generate
hazardous wastes were omitted by the surveys. The magnitude of such
omissions is difficult to estimate. However, this effect would
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probably be somewhat offset by an over-estimation of waste generation
occurring when the factors are calculated at the two-digit level using
data from only the few three-digit and four-digit industry groups
which are considered to be major generators. Such an over-estimation
occurs when the generation factors are based on information from large
generators without counting the employees of industries which produce
little or no hazardous wastes.
Another potential error source in the generation factors was the
method of scaling data up to state levels in cases where employment
data corresponding to the raw generation data were not available. In
two cases (Minnesota and Washington), the data were scaled up in the
original survey report. However, in the cases of Illinois and Texas,
the data were scaled up linearly, based on estimates by state per-
sonnel that the raw data accounted for 80 percent of the hazardous
wastes generated in each state. For lack of a better algorithm, each
SIC code was scaled equally. This procedure may have inflated the
factors for industry groups predominantly composed of larger hazard-
ous waste generators and underestimated the factors for industry
groups predominantly composed of small generators or non-generators.
The time periods during which the different surveys were under-
taken also varies, ranging from 1973 to 1977. For the purpose of
estimation of total U.S. waste generation, the factors were assumed to
apply to 1975. (Five of the nine studies were conducted in time
periods that included 1975.) Although it is conceivable that the
H-18
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other studies could have been normalized to 1975, it was felt that any
resulting increase in accuracy would be negligible.
H.4.2 Possible Biases in Industry Coverage. Much of the data
gathering activities of the state surveys concentrated on larger
companies in industry groups suspected to be major generators. In
general, small companies in industry groups not normally considered to
be hazardous waste generators were poorly represented, if represented
at all. Larger companies are often diversified, with a larger
proportion of their employees involved in activities which do not
produce hazardous wastes. Further, with their generally greater
resources and larger production, large companies may be more likely to
take advantage of economies of scale and employ more extensive recyc-
ling measures (for both water and raw materials) than smaller comp.an-
ies, consequently reducing the relative volume of hazardous wastes
that they generate. Each of these factors would tend to decrease the
computed generation factor for a particular industry group.
H.4.3 Possible Inaccuracies Due to Company Responses. Most of.
the surveys found that the majority of industries contacted were
generally cooperative and interested in finding acceptable solutions
to hazardous waste problems. However, some error was undoubtedly
introduced due to the necessary reliance on company-supplied data.
Companies are frequently reluctant to supply data which could
conceivably be used against them by regulatory agencies at some future
time. Others are concerned about protecting proprietary information
H-19
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such as process characteristics, production volumes, and employment
data. In addition, some establishments, especially the smaller ones,
do not presently segregate their hazardous wastes and may not even
have a good idea of the quantities they generate. Many of those
companies do not wish to devote the necessary time and manpower to
determining such data from the design characteristics of their
processes or by analyzing their effluents.
It is therefore conceivable that some of the data reported was
incomplete or otherwise unrepresentative of the actual waste genera-
tion of the particular company. In fact, it was noted in several
surveys that there was a very wide scatter in hazardous waste genera-
tion from similar companies in the same industrial area. This may
have been due to misinterpretation of the survey questions, differ-
ences in reporting (e.g., reporting only the hazardous components in a
large waste stream versus reporting the whole stream), or deliberate
omissions. In some cases, attempts were made by the survey group to
identify obvious discrepancies, but in others, and in ambiguous cases,
much of these data were included in the totals.
H.4.4 Aggregation at the Two-Digit SIC Level. Estimation of the
generation factors at the two-digit level was necessitated by the lack
of sufficient data to estimate the factors at any more detailed level.
However, this approach is subject to several inherent sources of
error. Two-digit SIC codes include numerous industry types which,
though all related in a general way, may possess markedly different
H-20
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process and waste generation characteristics. SIC 31 — leather and
leather products — is an outstanding example. Table H-3 lists the
four-digit industry groups contained in SIC 31. Of these, only SIC
3111 (leather tanning and finishing) would be expected to generate
large quantities of hazardous wastes. Many of the state surveys
omitted the other groups in SIC 31 and reported only wastes produced
and employment in SIC 3111. This procedure would tend to increase the
generation factors compared to using the total employment for all
groups in SIC 31. However, the leather tanning industry is not
reported separately in the U.S. census publications, and therefore
could not be broken out for purposes of calculating the nationwide
generating factors. An additional, related problem is that many
leather tanning companies are small "backyard" type operations which
could easily escape recognition and subsequent inclusion in the data
base.
Although SIC 31 is perhaps the most prominent example of the type
of errors produced by aggregation at the two-digit SIC code level,
such errors could also occur throughout the manufacturing SIC codes.
Such phenomena might help explain the wide variation observed in
statewide generation factors for SIC 28 (Chemicals and Allied Pro-
ducts). The factors calculated for Texas and Mississippi were 65 and
129 metric tons per employee, respectively, while those calculated for
the other states ranged from 0.9 to 35.3 metric tons per employee. It
is conceivable that these differences might be partially explained by
H-21
-------
TABLE H-3
STANDARD INDUSTRIAL CLASSIFICATION
MAJOR GROUP 31 - LEATHER AND LEATHER PRODUCTS*
SIC Establishment
3111 Leather tanning and finishing
3131 Boot and shoe cut stock and findings
3142 House slippers
3143 Men's footwear, except athletic
3144 Women's footwear, except athletic
3149 Footwear, except rubber, not elsewhere classified
3151 Leather gloves and mittens
3161 Luggage
3171 Women's handbags and purses
3172 Personal leather goods, except women's handbags and
purses
3199 Leather goods, not elsewhere classified
U.S. Office of Management and Budget, 1972.
H-22
-------
a relative concentration of chemical industry subgroups which produce
large volumes of hazardous wastes in the south-central states.
H.4.5 Waste Generation per Employee. The assumption that waste
generation per employee is constant may not be strictly correct. Two
potential sources of error are that different sized establishments may
generate relatively different quantities of hazardous wastes per
employee and that regional influences may also result in variations in
waste generation per employee within similar industries. Regional
influences, such as local economics, quantity and quality of raw
materials available, transportation costs and limitations, and
pollution laws all affect the type of production processes chosen by a
company. Regionalization of process types would also* produce a
regionalization of waste generation characteristics, which is
neglected in the nationwide generation factors, again due to lack of
appropriate data.
H.5 Application of Generation Factors
Due to the limitations discussed above, the generation factors
developed in this appendix are most useful when applied to the approx-
imation of hazardous waste generation over large areas, thereby taking
maximum advantage of the averaging effects of large samples.
Therefore, the generation factors presented in Table H-2 were
used to estimate the annual hazardous waste production in each EPA Re-
gion in 1975, using employment data from the U.S. Department of Com-
merce (1977). These estimates are presented in Table H-4.
H-2 3
-------
TABLE H-4
SUMMARY OF HAZARDOUS WASTE GENERATED BY EPA REGION — 1975*
(1000 metric tons per year)
to
Standard Industrial Classification
20 Food and kindred products
22 Textile mill products
23 Apparel and other textile products
24 Lumber and wood products
25 Furniture and fixtures
26 Paper and allied products
27 Printing and publishing
28 Chemicals and allied products
29 Petroleum and coal products
30 Rubber and misc. plastics products
31 Leather and leather products
32 Stone, clay and glass products
33 Primary metal industries
34 Fabricated metal products
35 Machinery, except electrical
36 Electric and electronic equipment
37 Transportation equipment
38 Instruments and related products
39 Misc. manufacturing Industries
TOTAL1'
Percent of Total
ENVIRONMENTAL PROTECTION AGENCY REGION
I
10
10
7.0
4.0
9.5
290
9.0
1,060
25
20
130
65
140
140
370
20
65
10
40
2,440
5
II
25
10
30
3.0
20
350
20
5,290
95
25
95
160
290
170
450
30
55
15
55
7,190
15
III
30
15
20
7.0
25
290
15
3,600
85
20
70
210
870
180
400
20
60
5.5
20
5,940
13
IV
45
100
40
20
75
530
15
5,920
50
35
90
230
350
180
420
25
80
4.0
35
8,240
17
. V
70
3.5
10
10
50
760
30
5,770
160
75
120
350
1,520
700
1,830
55
350
15
60
11,900
25
VI
30
2.5
10
8.0
15
200
8.0
3,270
330
15
35
120
190
150
350
10
60
2.0
15
4,810
10
VII
25
0.5
4.0
2.5
7.5
120
8.5
1,230
45
10
85
60
110
85
290
9.0
60
2.0
10
2,170
5
VIII
9.0
<0.5
1.0
2.0
1.5
10
3.0
170
30
2.0
8.5
35
75
20
80
1.5
10
1.5
6.0
470
1
IX
35
2.0
10
8.5
25
180
10
1,880
110
20
10
130
200
160
400
25
150
8.0
20
3,380
7
X
15
0.5
1.0
20
2.5
130
2.5
460
20
2.0
1.5
30
95
25
60
1.0
45
1.5
5.0
920
2
Total
290
140
130
80
240
2,870
130
28,700
950
220
640
1,390
3,830
1,800
4,650
200
940
65
270
47,500
of Total
0.5
0.5
0.5
<0.5
0.5
6
0.5
60
2
0.5
1.5
3
8
4
10
0.5
2
<0.5
0.5
Ranking
10
15
16
18
12
4
17
1
7
13
9
6
3
5
2
14
8
19
11
*These numbers are estimated based upon the generation factors as derived in Appendix H.
^Totals may not balance due to rounding of numbers.
-------
Total national hazardous waste generation by manufacturing indus-
tries in 1975 is estimated to be 47.5 million metric tons. Based upon
the previously referenced Industry Studies (1975-1978), hazardous
waste generation from manufacturing industries could increase by an
average rate of approximately 3.6 percent a year through 1984. This
increase is primarily attributable to additional waste loads from
increased wastewater treatment. Assuming this growth rate holds for
the aggregated hazardous waste generation by manufacturing industries,
the estimated 47.5 million metric tons of manufacturing hazardous
waste generation could increase to 56.7 million metric tons in 1980
and 65.3 million metric tons in 1984.
H-25
-------
APPENDIX I
DOCUMENTATION FOR PHASING CALCULATIONS
The number of firms and amounts of hazardous wastes that are
subject to regulation can be controlled to a large degree through the
use of a generation limit. With such a limit, any firm generating
less than a specified amount of hazardous wastes per year, i.e., the
generation limit, would be excluded from compliance with the provi-
sions of the Subtitle C regulations. This appendix describes the
methodology used in this statement for estimating the number of firms
and the amounts of hazardous wastes that would be regulated for any
generation limit under the proposed and alternative regulations.
A FORTRAN computer program was written to compute the amounts of
waste and number of firms in each two-digit manufacturing SIC code in
SIC groups 20, 22 - 39 and in each EPA region which would be subject
• to regulation in any given year at any generation limit. The program
is based on the hazardous waste generation factors discussed in
Appendix H and on employment and firm size distribution data from the
U.S. Department of Commerce (1976 and 1977). The firm size distri-
bution data are contained in Appendix K. As discussed in Appendix H,
a uniform growth factor of 3.6 percent per year is applied to all SIC
codes in all regions.
I.I" Methodology
The program first computes the number of employees in the
smallest firm subject to regulation in each SIC code, a variable
called ESFM. The equation is:
1-1
-------
* 1.036
where EXCL is the generation limit (metric tons per year); FACT(i) is
the generation factor for SIC code i, and N is the last two digits of
the year of interest (e.g., 85), 1975 is used as the base year.
The U.S. Department of Commerce firm size distribution data con-
sist of the numbers of firms in each of ten firm size classes. The
data were developed in 1972, and are presented in Appendix K for each
state and SIC code. The state data were aggregated into EPA regions
and tabulated in a data file as the parameter NSIZE, a 19 x 10 x 10
matrix. ESFM determines the cut-off size class. All firms in
smaller size classes would be excluded from regulation, while all
firms in larger classes would be subject to the regulations. The
firms in the cut-off class would be split, with some subject to
regulation and the others excluded.
The- program sums the firms in the smaller size classes as the
variable FRMEX and computes the number of employees represented by
those firms by multiplying the number of firms in each class (NSIZE)
by the average number of employees in that class (AVGK). For exam-
ple, since the second size class is 5 to 9 employees, the total num-
ber of employees represented by the firms in that class is estimated
as NSIZE (i,j,2)*7, where i and j represent the SIC code and region
of interest, respectively. Both the number of firms and employees in
the cut-off size class which would be excluded are determined by
1-2
-------
linear interpolation, based on the assumption that the firms in each
class are distributed uniformly by size. Since the largest firm size
class reported by the Department of Commerce contained all firms em-
ploying more than 2,500, an arbitrary upper bound of 3,500 and an
average of 3,000 employees per firm were assumed for that class.
After determining the total number of firms that would be ex-
cluded, and summing their total 1972 employment (EMP), the total
hazardous waste excluded from regulation is computed using the
generation factors developed in Appendix H. This total is normalized
to a base year of 1975 using the ratio of 1975 to 1972 employment in
each SIC code in each region. The specific equation is:
HAZEXC (i,j) = EMP*FArTm*1.fm(N-75)*E75B(i,j)
>J
where HAZEXC(i,j) is the total hazardous waste generated in region j
by firms in SIC code i that is exempt from the regulations (metric
tons per year); EMP, FACT (i), and N. are as defined earlier;
E75B(i,j) is the reported 1975 employment of SIC code i in region j;
and E72B(i,j) is the reported 1972 employment in the same SIC code
and region. The effects of this adjustment are explained in a later
section of this Appendix.
The amount of wastes subject to regulation (HAZREGCi, j) ) , is
determined by the equation:
HAZREG(i.j) = E75B(i,j)*FACT(i)*(1.036)(N-75)-HAZEXC(i,j).
HAZREG, HAZEXC, and FRMREG (Number of firms subject to regulation)
are summed by both SIC code and region. Additionally, the program
1-3
-------
determines the percentage of total hazardous wastes and firms sub-
ject to regulation for each SIC code in each region.
1.2 Operation
The basic program iteration computes the distribution of wastes
and firms subject to regulation for any given year and generation
limit. The program contains several control options. These operate
in a conversational mode and include the ability to print the region-
al and industry outputs off-line; to compute targets (total waste
regulated per year) for a 5-year phase-in of the regulations (see
Chapter 4); and to change the year and generation limit for recompu-
tation of the amounts of waste regulated. Additionally, a parameter
check option computes the ratios of 1975 to 1972 employment in each
SIC code and region as well as the ratio of the 1972 employment
determined by interpolation of the firm size distribution to the
total employment reported in 1972 in each SIC code and region. A
cycling option automatically increments the generation limit and
reiterates the program to determine the amount of waste and numbers
of firms subject to regulation for each of 17 generation limits from
25 to 1,000 metric tons per year.
1.3 Output
Table 1-1 is a sample printout showing the amounts of hazardous
wastes which would be regulated in 1984 with a generation limit of
1.2 metric tons per year (100 kg per month). This generation limit
1-4
-------
TABLE 1-1
APPROXIMATE DISTRIBUTION OF HAZARDOUS MANUFACTURING WASTES SUBJECT TO
REGULATION IN 1984 - GENERATION LIMIT 100 Kg/Mo
(ALL WASTES IN 1000' a OF METRIC TONS PER YEAR)
SIC CODE
REGION
20 HH REG
HH EXC
FM REG
X FM R
22 HM REG
HM EXC
FM REG
X FM R
23 HH REG
HH EXC
FM REG
X FM R.
24 HH REG
HW EXC
FM REG
X FM R
25 HH REG
HH EXC
FM REG
X FM R
26 HM KEG
hw EXC
FM REG
X FM R
27 HM REG
HM EXC
FM REG
X FM K
28 HM RtG
hW EXC
FM REG
X Fh R
29 HM REG
HM EXC
FM REG
X FM R
1
14.37
0.33
1013.
62.17
14.10
0.06
675.
81.57
9.23
0. 1U
940.
73.27
4.26
0.49
713.
36.03
13.30
0.01
453.
88.90
402.89
O.OJ
600.
99.41
12.10
0.54
1222.
45.11
509.39
O.GO
651.
99.32
34.59
0.00
106.
98. 90
2
35.97
0.52
2054.
68.57
14.75
0.14
1554.
79.88
37.30
0.93
6923.
65.71
3.38
0.25
702.
47.84
25.45
0.12
1300.
88.65
484.41
0.00
1242.
99.27
30.14
1.53
3282.
41.93
2546.94
0.00
2301.
99.41
128.85
0.00
250.
98.97
3
42.13
0.53
2032.
69.57
21.17
0.35
679.
85.82
27.45
0.14
2196.
81.52
7.81
0.82
1206.
34.44
35.28
3.01
676.
90.49
402.89
J.OO
625.
99.37
20.21
0.84
1639. '
42.96
1730.94
0.00
1025.
99.45
118.47
0.00
236.
99.07
63.92
0.81
2754.
68.03
134.55
3.19
2457.
86.22
54.64
0.22
2444.
76.66
22.75
2.56
3312.
30.81
104.85
0.03
1739.
89.53
732.29
0.00
718.
99.46
16.70
1.34
17J9.
34. 18
2850.30
0.00
16,) 7.
99.45
73.04
0.00
240.
98.94
5
92.16
1.17
4262.
68.40
4.83
3.03
213.
73.31
13.27
0.22
1005.
58.78
13.74
3.93
1826.
41.22
71.11
J.02
1408.
89.71
1044.31
0.00
151J.
99.45
40.54
1.82
3896.
42.34
2774.05
0.00
2531.
99.40
223.97
0.00
445.
99.01
6
38.28
J.58
1948.
67.63
3.28
3.01
97.
78.53
15.66
J.13
668.
65.39
10.70
0. 74
1225.
36.86
22.86
3.J1
638.
86.95
272.60
0.00
343.
99.43
10.18
0.94
1151.
32.84
1571.96
0.00
1134.
99.33
453.12
0.00
294.
99.17
7
34.50
0.39
1493.
69.74
0.79
3.31
32.
72.94
5.30
0.04
394.
72.61
3.22
0.21
403.
40.78
10.54
o.oa
307.
89.14
158.35
0.00
237.
99.49
11.38
0.72
994.
36.29
592.12
0.00
628.
99.41
61.43
3.00
90.
99.28
8
12.50
0.25
685.
65.44
0.21
0.30
14.
71.30
1.34
0.04
103.
52.57
2.64
0.18
347.
40.95
2.43
3.00
127.
87.08
16.70
0.00
57.
99.29
3.53
0.35
367.
32.35
82.73
0.00
174.
99.24
41.51
0.00
62.
99.31
9
45.30
0.55
2151.
70.79
2.73
3.J3
211.
77.46
13.20
0.39
1778.
59.28
10.15
0.41
1251.
53.48
35.34
0.03
1366.
88.04
247.21
0.03
533.
99.21
15.49
1.27
1762.
34.88
903.59
0.00
1367.
99.35
149.60
0.00
254.
98.76
10
17.55
0.24
878.
70.21
0.83
<).01
25.
62.16
1.48
0.05
124.
47.87
21.31
0.71
2121.
50.97
3.65
0.00
197.
85.43
184.41
0.00
145.
99.51
3.24
0.30
384.
34.25
222.25
0.03
242.
99.33
24.21
0.00
82.
99.25
TOT
393.68
5.37
19272.
68.38
197.23
0.54
5957.
82.69
178.87
2.26
16575.
67.85
99.97
7.30
13107.
38.63
324.80
0.14
8212.
88.85
3946.08
0.01
6010.
99.38
163.21
9.65
16406.
38.97
13784.25
0.31
11361.
99.39
1305.76
0.00
2059.
99.01
-------
TABLE 1-1 (CONCLUDED)
3U HM REG
HM EXC
FM REG
* FM P
31 HW REG
HW EXC
FM REG
t FM R
32 HW KEG
HW EXC
ff REG
t FM R
33 Hw RFC
HW EXC
Frt REG
t FM R
34 HW KEG
HW EXC
FM REG
% FM R
35 HW KEG
HW EXC
FM REG
t FM R
36 HM REG
HW EXC
FN REG
S FM R
37 HW RrG
HW EXC
FM REG
t FM R
38 HW REG
HW EXC
FM REG
* FM R
39 HM REG
HW EXC
FM REG
* FM fc
TOT HW REG
HU EXC
FM REG
% FM R
31.07
0.02
737.
86.16
177.32
0.00
643.
98.26
88.46
0.00
799.
97.16
197.68
0.00
506.
98.75
198.67
0.02
2508.
94.85
511.09
3.32
3215.
96.28
26.31
0.14
811.
69.05
89.78
•3.31
4C8.
87.33
13.91
0.11
386.
61.59
58.74
0.03
1534.
86.35
24C7.26
1.88
17999.
77.39
32.00
0.03
1334.
85.34
133.85
0.00
944.
97.83
221.65
0.01
1520.
97.06
392.00
0.00
803.
98.72
231.66
O.i)3
3971.
94.91
613.82
13.03
4716.
96.11
4O. 16
0.31
1535.
62.90
75.50
0.01
582.
87.31
22.33
0.21
707.
57.32
74.02
0.06
3675.
87.35
5144.14
4.09
39094.
74.75
27.83
0.01
567.
87.57
94.48
0.00
253.
98.84
283.73
0.01
1581.
97.62
1189.91
0.33
729.
99.03
245.47
0.02
2373.
95.50
554.70
O.J2
2928.
96.35
29.00
0.11
695.
68.84
82.48
O.Oi
482.
88.33
7.36
3.13
309.
57.30
33.07
0.02
824.
85.26
4951.39
2.66
21056.
74.63
45.47
0.03
841.
83.62
123.58
0.00
278.
97.72
313.65
0.01
2608.
97.21
476.84
3.00
598.
98.88
251.05
0.02
2745.
94.75
573.43
1.02
3437.
95.95
31.94
0.14
687.
64.72
113.05
0.02
1148.
86.82
5.63
0.09
208.
50.07
49.67
0.05
1249.
82.65
6033.32
5.53
30779.
67.31
104.07
J.05
2247.
86.44
160.89
0.00
369.
97.86
486.40
0.02
3703.
97.13
2391.93
3.00
2360.
98.98
961.27
0.07
9186.
95.09
2516.69
0.37
13170.
96.65
77.39
0.28
1874.
69.29
478.62
0.03
1830.
89.96
18.73
3.22
702.
57.63
79.48
0.05
2251.
85.67
11253.45
4.99
54788.
79.41
17.64
0.32
449.
79.80
45.87
0.00
185.
97.14
166.95
0.01
1568.
96.76
259.57
3.03
366.
98.65
199.37
0.02
2048.
94.04
483.29
0.03
2946.
95.74
15.47
0.11
412.
57.61
81.90
0.02
843.
86.23
2.91
0. 08
168.
48.37
20.21
0.03
782.
82.45
3691.85
2.73
17266.
70.88
16.81
0.01
310.
85.17
119.47
0.00
163.
98.42
84.92
0.01
1035.
96.56
147.78
3.33
252.
99.09
113.83
0.01
1395.
95.19
404.80
0.01
1848.
96.22
12.16
0.05
251.
69.02
85.65
0.01
423.
88.00
2.50
3.36
108.
52.19
14.68
0.01
499.
85.43
1879.90
1.54
13562.
73.75
3.81
0.00
107.
79.16
11.64
0.00
31.
96.44
42.46
0.03
558.
96.17
106.52
0.00
104.
98.17
27.23
0.00
422.
93.68
112.75
0.01
625.
95.64
1.97
0.03
92.
52.11
14.27
0.00
173.
84.48
2.05
0.04
58.
44.79
8.26
0.01
265.
82.32
494.55
0.93
4372.
67.49
26.71
0.04
1082.
80.59
17.12
0.30
224.
96.41
175.32
0.01
1647.
96.87
273.01
0.03
765.
98.57
216.30
0.03
3612.
94.45
547.57
0.04
5414.
95.59
36.54
0.39
1427.
59.72
236.48
0.03
1437.
86.93
10.79
0.26
594.
52.18
28.21
0.04
1545.
83.81
2960.64
3.52
28423.
74.54
2.53
3.01
148.
76.15
2.40
0.00
43.
95.72
42.14
0.00
527.
96.28
130.99
3.03
155.
98.53
37.01
0.01
643.
93.51
83.44
0.01
941.
95.53
1.40
0.05
109.
47.20
60.82
0.01
373.
83.24
2.26
3.03
64.
48.25
7.02
0.02
330.
82.61
845.88
1.46
7534.
66.28
307.91
•3.21
7823.
84.38
886.60
0.01
3132.
97.83
1905.69
0.07
15546.
97.01
5268.20
0.31
6716.
98.84
2481.87
0.22
28634.
94.83
6398.57
0.26
39240.
96.19
272.34
1.61
7894.
64.34
1288.56
0.16
7698.
87.44
88.45
1.18
3305.
55.18
370.36
0.33
12953.
85.30
39662.36
29.32
231869.
74.04
-------
could subject over 99.9 percent of the wastes and approximately 74
percent of the manufacturing firms to regulation in 1984.
Figure 1-1 is a graph of the output of the cycling option for
1984. It illustrates the variation of total wastes generated versus
firm size. The lower curve shows the percentage of all manufacturing
establishments which generate more hazardous waste than the corres-
ponding generation limit on the horizontal axis; and the upper curve
shows the percentage of total hazardous wastes generated by those
firms. For example, although only about three percent of all manu-
facturing establishments generate more than 1,000 metric tons per
year, they account for nearly 80 percent of the total hazardous
wastes. Similarly, the 14 percent of all manufacturing establish-
ments which generate more than 100 metric tons per year account for
95 percent of the total hazardous wastes.
1.4 Limitations and Applicability of Methodology
As with all such automated data manipulation schemes, this pro-
gram is based on several assumptions and generalizations which could
affect the accuracy of the results. In analyzing the waste distribu-
tion by two-digit SIC codes at the individual regional level, the
applicability of the generation factor approach, data accuracy, and
all of the other limitations discussed in Appendix H become con-
straints on the resolution of the program. The approach used for
this program necessitates a rigorous application of the generation
factors to individual manufacturing establishments in each size
1-7
-------
100
80
PERCENT OF TOTAL WASTES REGULATED
M
00
PERCENT OF TOTAL MANUFACTURING ESTABLISHMENTS REGULATED
50 100
200
300
400
500
600
700
800
900
1000
GENERATION LIMIT
METRIC TONS/YEAR
FIGURE M
CUMULATIVE HAZARDOUS WASTE GENERATION
1984
-------
class, thereby negating the averaging effects which occur when
treating all size classes in one group. Also implicit in this
approach is the assumption that all manufacturing establishments
generate hazardous wastes. While this is true to some degree (e.g.,
waste lubricating oils and cleaning agents), the generation factor
approach would tend to exagerate the amount of hazardous wastes
produced by some generators. The program output should therefore be
interpreted only as an indication of the relative magnitude and
approximate regional distribution, rather than as the actual amounts
of wastes and number of generators which would be controlled in each
region at each generation limit. As more and better data become
available, the approach could be refined to improve the accuracy and
detailed resolution of the program.
Other factors that may affect the results include the scaling of
employment from 1972 to 1975; the linear interpolation of number of
employees in different firm size classes; the assumption that the
number and regional distribution of manufacturing establishments
remained constant from 1972 to 1975; and the use of a uniform growth
factor for waste generation from all SIC codes in all regions.
The effects of the first two factors can be determined using the
parameter check option contained in the program. The first check
computes the ratio of 1975 employment to 1972 employment in each SIC
code and each region. This is the scaling factor applied to normal-
ize the results to a base year of 1975. The ratios are shown in
1-9
-------
Table 1-2. During the period in question, total employment dropped
by about four percent. The largest decreases (up to 13 percent)
occurred in SIC codes 22 to 25. Employment in SIC groups 29, 35 and
38 increased by up to 11 percent. To some degree these changes were
obscured by Census Bureau reporting methods designed to prevent the
disclosure of individual company data.* Where possible, adjust-
ments were made to account for this additional unreported employment.
The effects of linear interpolation of employees within the var-
ious firm size groups are shown in Table 1-3. The net effect for all
SIC codes is a three percent over-estimation of employment by interpo-
lation. The largest increases occur in SIC codes 24, 32, and 39. A
total of ten SIC codes were overestimated by between 10 and 14 (maxi-
mum) percent. Four SIC codes were underestimated, the most signi-
ficant being SIC code 37 (27 percent), with the other three being
less than ten percent below the reported total. These differences
may be partly caused by Census Bureau reporting methods preventing
disclosure of individual company data. However, close examination of
the interpolation error compared to the firm size distribution data
indicates that most of the error occurs in the larger firm size
classes, which contain firms with employment ranges of a thousand or
*In order to avoid disclosure of individual company data, employ-
ment in three-digit and four-digit SIC codes was sometimes reported
as a range. In some cases, the ranges were carried to the two-digit
totals. Since the largest range was 2,500 or more employees, such
methods could underestimate total employment by a significant
amoun t.
1-10
-------
M
I
TABLE 1-2
EMPLOYEE RATIOS; 1975/1972
SIC
20
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
Region
1
0.86
0.80
0.88
0.96
0.82
0.95
0.97
0.93
1.60
0.92
0.79
0.95
0.82
0.97
1.04
0.98
1.09
1.16
0.92
2
0.91
0.74
0.79
0.84
0.80
0.86
0.92
0.99
1.66
0.78
0.83
0.93
0.91
0.86
0.95
0.88
0.92
1.04
0.79
3
0.96
0.84
0.83
0.87
0.77
0.89
1.04
0.92
0.88
0.92
0.87
0.90
0.97
0.98
1.09
0.91
1.06
1.08
0.86
4
1.00
0.92
0.89
0.83
0.87
0.95
1.07
1.06
1.25
.1.14
0.92
0.96
0.96
0.97
1.14
0.94
0.87
1.07
1.20
5
0.96
0.82.
, 0.90
0.89
0.90
0.91
0.93
0.97
0.95
0.93
1.21
0.94
0.94
0:93
1.03
0.87
0.90
1.08
0.97
6
1.00
0.97
1.01
0.86
0.89
0.92
1.05
0.89
1.07
1.12
0.91
1.01
1.06
1.08
1.36
0.93
0.96
1.05
1.19
7
0.99
1.48
0.87
0.90
0.84
1.18
1.09
1.01
1.29
1.10
1.74
0.93
1.07
0.91
1.18
1.02
0.96
1.42
0.98
8
1.11
1.50
1.12
0.89
1.00.
0.83
1.19
1.31
1.20
1.07
1.36
1.03
1.50
0.89
1.38
1.03
0.94
1.29
1.68
9
1.00
0.97
0.98
0.86
0.96
1.05
1.03
1.16
1.02
0.97
0.64
0.97
0.95
0.99
1.16
1.03
0.92
1.20
0.86
10
1.05
1.33
1.11
0.89
0.90
0.93
1.10
1.29
1.00
1.33
1.40
1.28
1.36
1.25
1.17
1.05
1.26
1.09
1.45
TOT
0.97
0.89
0.87
0.87
0.87
0.93
0.99
0.99
1.08
0.96
0.97
0.95
0.97
0.95
1.08
0.92
0.94
1.11
0.95
Ratio of all Totals - 0.96
-------
I
M
to
TABLE 1-3
RATIO OF TOTAL EMPLOYEES BY INTERPOLATION TO GIVEN TOTAL - 1972
SIC
20
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
Region
1
1.11
1.09
1.12
1.12
1.12
1.09
1.13
1.13
1:17
1.09
1.10
1.12
1.16
1.11
1.09
1.02
0.66
1.02
1.10
2
1.09
1.11
1.12
1.14
1.13
1.13
1.09
1.07
1.38
1.11
1.09
1.11
0.98
1.11
1.03
0.99
0.77
0.74
1.10
3
1.12
1.05
1.10
1.17
1.12
1.10
1.12
1.05
1.03
1.15
1.10
1.11
0.75
1.12
1.03
1.04
0.96
1.12
1.14
• 4
1.11
1.'09
1.09
1.15
1.11
1.13
1.15
0.99
1.16
1.15
1.08
1.15
1.02
1.09
1.13
1.06
0.86
1.12
I."l4
5
1.08
1.08
1.10
1.16
1.11
1.10
1.10
1.04
1.08
1.01
1.12
1.11
0.87
1.11
1.02
0.93
0.72
1.05
1.14
6
1.13
0.95
1.10
1.14
1.09
1.14
1.18
0.86
1.00
1.11
1.07
1.13
1.00
1.10
1.10
0.81
0.81
1.07
1.13
7
1.11
1.16
1.11
1.16
1.05
1.15
1.04
1.11
1.11
1.10
1.29
1.18
1.05
1.02
1.01
0.97
0.70
1.16
1.06
8
1.09
1.24
1.19
1.12
1.18
1.07
1.15
1.15
1.13
1.03
0.95
1.16
1.20
1.09
1.12
1.20
0.78
1.25
1.11
9
1.11
1.12
1.14
1.15
1.13
1.12
1.12
1.11
1.09
1.15
1.13
1.16
1.00
1.11
1.07
0.99
0.65
1.14
1.09
10
1.12
0.98
1.22
1.11
1.21
1.10
1.20
1.12
1.49
1.18
1.35
1.16
1.23
1.13
1.20
1.11
0.59
0.84
1.15
TOT
1.10
1.08
1.11
1.14
1.11
1.11
1.11
1.03
1.08
1.09
1.11
1.13
0.91
1.10
1.05
0.98
0.73
0.99
1.12
Ratio of all Totals - 1.03
-------
more in the same class. SIC code 37 contains 161 firms in the
largest size class (more than 2,500 employees). In this case, the
assumed average size of 3,000 employees for this class was appar-
ently much too small, since the interpolated employment was nearly 30
percent less than that reported. SIC codes 32 and 39 both contained
less than ten firms with more than 2,500 employees. In these cases,
the assumed average size of 3,000 employees was probably too large,
resulting in the larger employments as determined by interpolation.
Since the program determines the amount of hazardous wastes
regulated by subtracting the amount of wastes excluded (determined
using interpolated employment) from the total amount generated
(determined using total, rather than interpolated employment), the
errors which result from interpolation probably affect the results
only for large exclusions (greater than 100 metric tons per year),
when the program interpolates in the large size classes or includes
all employees in a SIC code. In these cases the results could
underestimate the amounts of waste subject to regulation (except in
SIC code 37 which would be overestimated). However, on the aver-
age, over all SIC codes this effect amounts to a net increase of only
three percent, and then only in a few situations, since the program
performs an automatic check and correction process to ensure that the
excluded wastes never exceed the total wastes generated within a SIC
code, thereby eliminating some of the interpolation error at high
exclusion values.
1-13
-------
An error which occurs as a result of assuming no changes in
number of firms between 1972 and 1975 is difficult to determine.
However, as shown in Table 1-2, the net change in employment during
this period was only four percent. Therefore, although changes in
individual SIC codes and regions may have been larger, the net effect
on the determination of total wastes generated was probably within
the range of other error sources in the program.
The uniform growth rate is based on data from the Industry
Studies (1975-1978), as discussed in Appendix H. While it is prob-
able that growth will not occur uniformly in each SIC code in each
region, the average growth over all SIC codes nationally is expec-
ted to be about 3.6 percent per year. Since the total amount of
hazardous waste generation increases each year, it is likely that the
amount of wastes that would be excluded from regulation at any given
generation level would also increase annually. The uniform growth
rate was included to demonstrate this effect for lack of more
accurate data. As more and better data become available, the rates
for individual SIC codes and regions could be adjusted.
These limitations serve to emphasize the point that the informa-
tion provided by this program consists of estimates only. The
results should be viewed only as approximations of the relative mag-
nitudes of the waste generation in, and effects of various exclusion
levels on, the major industry groups and EPA regions.
1-14
-------
1.5 Program Listing
Table 1-4 contains a complete listing of the program as run on
IBM System 370-148 operating on a VM/CMS System, using a FORTRAN G
compiler. The execution control statements defined input/output
files 1 and 2 as the user's terminal, file 5 as a disk-loaded data
file, and file 6 as the high-speed printer. All data requirements
are contained in a single data file, stored on disk.
1.6 Glossary
Indexes
I - SIC code. 1=1 corresponds to SIC code 20. All other manu-
facturing SIC codes are represented by SIC = I + 20. I = 20 is
total for all SIC codes.
J - Federal region. Corresponds directly to the 10 Federal regions.
J = 11 is total for all regions.
K - Firm size class. Corresponds to the 10 Bureau of Census size
classes. K = 1 0-4 employees; K = 10 2,500 employees.
L - Counter used for manual direction of program through input from
terminal
N - Phasing index. Corresponds to the first four years of a five
year phasing program. ' • •
Variables
AVG(K) - The average size in each firm size class; used in
interpolation
E72B(I,J) - total employment in 1972
E75B(I,J) - total employment in 1975
EINT - total employment in one SIC code and region as
determined by interpolation; used in parameter check
option
1-15
-------
TABLE 1-4
PROGRAM LISTING
FORTRAN IV Gl
oooi
RELEASE 2.J
MAIN
DATE » 78293
15/18/17
0002
0003
0004
0005
0006
OC07
0008
0009
0010
J011
0012
0013
0015
0016
0017
00 18
0019
0020
0021
0022
0023
0024
0025
0026
0027
J028
0029
0030
0031
0032
0333
0034
"0035
0036
0037
0038
0039
0040
0041
0042
0043
0044
0045
0046
0047
0048
OC49
0050
0051
3052
J053
0054
0055
3056
0057
DIMENSION NSIZE (l'?,lu,10l .HAZEXCI 19,10) .HAZREGI19,10 I, FRMEXl 19,101
*,E75B(19,10),E72B<19,10),FACTU9»,KMAX(10l,KRNGIiO) .AVGKUOI i
*PHTAH4) 11 COM! 6) ,EXC(20,11I ,REG( 20, 111, TCTF ( 20,111, FRMREGI 20 111),
+PTFMI20.11).REMPI10)
THIS PROGRAM DETERMINES THE AMOUNTS OF HAZARDOUS HASTES WHICH
WOULD B£ EXCLUDED FROM EPA (RC.RAI CONTROL IN AN* YEAR AT ANY GIVEN
GENERATON LIMIT. IT CAN ALSO BE USED TO CALCULATE THE NECESSARY
GENERATION LIMITS TO ACHIEVE A FIVE YEAR PHASE-IN TO FULL REGULATION
- WRITTEN 9Y R HGLBERGER, JUNE 1978f PRCJECT - 15530
DATA ICCM/'PRT','CMP'.'CHG','ENC1,'PCK1,'CYC1/
DATA IY/'Y'/
DC 1 1=1,19
DO 1 J=l,10
REAO<5,1000)(NSIZE(I,J ,KI,K«1,10 I
1000 FORMAT(1015)
1 CONTINUE
REAO<5.1001)(FACTII),I=1,19I
1001 FORMATUOF8.3)
REAOIS.IOOOMKMAXII1,1=1,10)
REAO(5,1002)(AVGKU) ,1 = 1,10)
1002 FORMAT(10F8.3)
READtS.lOOOXKRNGII 1,1=1,101
00 2 I«l,19
2 RE4D(5,1002) (E75BI I,J),J=-1,10)
00 3 1=1,19
3 REAOI5, 1002HE72BU ,J> ,J = 1,10)
00 4 1=1,20
4 READ(5,1111 XTOTFd ,J),J = 1,HI
1111 FORMAT) 11F6.1)
READ!5,1303 IRATE,GLIM,NYR
1003 FORMATI2F8.3.I2)
DO 9 J=l,ll
DO 9 1=1,19
9 TOTH20,J) = TOTF(20,J»+TOTF(I,J)
WRITE<1.1050)NYR
REAO(2,1006IMCOM
1050 FORMAT)' DEFAULT PARAMETERS ARE 19',12,', GEN LIMIT='/' 1.2 METRIC
» TONS- IF YOU WANT TC CHANGE'/' ENTER: CHG'I
MM=0
IF(MCOM.EQ.ICOM(3))GC TO i9
GO TC 5
80 WRITEI6.9994NYR
999 FORMAT!«1',14X,'19',12/' GLIf PRCT HZRG PTFM NFRMS'I
MM=l
DO 101 IJK=1,17
IFUJK.GT.4IGO TO 102
GLIM»25.*IJK
GO TC 104
102 IFUJK.GT.12IGO TO 103
GLIM«50.*(IJK-2)
GO TC 104
103 GLIM»100.*UjK-7)
104 CONTINUE
C BEGIN COMPUTATION CYCLE- INITIALIZE ALL PARAMETERS
5 DO 6 J=l,10
DO 6 1=1,19
HAZEXC(I,JI°<)
HAZREGII,J)=0
6 FRMEXII,J)*0
00 17 1=1,20
DC 17 J=l,ll
EXC(I,JI=0.
REGU,JI=0.
17 FRMREGU,Jl=0.
YRATE=PATE*»(NYR-75)
DQ 30 J=l,10
DO 2C 1 = 1,19
C ESFM- SMALLEST FIRM SIZE S'GLLiTSC
1-16
-------
TABLE 1-4 (CONTINUED)
0058
0059
J06u
0061
0062
0063
0064
0065
U066
0067
0068
3069
0070
3071
0072
0073
0074
0075
0076
0077
0078
0079
0080
0081
0082
0083
0084
0085
0086
0087
0088
0089
0090
0091
0092
0093
0094
0095
0096
0097
0098
0099
0100
0101
0102
0103
0104
0105
0106
0107
0108
0109
0110
0111
0112
0113
0114
0115
0116
ESFN=GHM/10
IF(ESFM.GT.KNAXtlO))GO TO 22
C DETERMINE CUTOFF CLASS
OQ 10 K-1,10
IF(KMAX10
IF(ESFH-KMAX(10I114,14,24
C COMPUTE NO. EMP,FIRMS IN CUTOFF CLASS - Ulf-EAR INTERPI
C CUTOFF CLASS" I ESFM*NSIZE(I.J.KI/4
FRACTE=ESFM/8
GC TO 15
C ALL OTHER CLASSES (K=2-10I
14 FRMINC»*NSIZE(I,J,K>/KRNG(K)
F«ACTE=«ESFM-KMAX(KK l-D/2
C TOTAL FOR ALL CUTOFF CLASSES
15 FRMEXU.JI'FRMEXU.JUFRMINC
EMP«EMP+FRMINC*FRACTE
C COMPUTE HAZfcST REGO.EXCO BY SIC,REGION
HAZEXCII,JI»EMP*FACTm«YRATE*E75BHAZEXC(I,JI/10**3
EXC(20,J»=EXC(20,J)»EXC(I,JI
FRMREG(I,JI=TOTFII,J)-FRHEX(1,J)
IF(REG(I,JI.GT.O.)GO TO 25
FRMREGU.JI'O.
25 IFIFRMREGd.JI.GE.O.IGO TO 21
FRMREG(I,JI»0.0
21 FRMREG(20,JI = FRMREG(20,J)»FRMREG(I,jr
20 CONTINUE
C TOTAL ALL REGIONS
REG(20,ll)=REG(20,ll)+«EGI20,J)
EXC(20,11I=EXC(20,11I»EXC(20,JI
FRMREG(20,11)«FRMREG(20,11)«FRMREG(20,JI
30 CONTINUE
C SUM BY SIC
DO 35 1-1,19
DO 35 J=l,10
PEG!I,11)»REG(I,11)»REG( I,J)
EXC( I,11I*EXC(I,UI»EXC(I.J)
35 FRMREG(I,11I=FRMREG«I,11I+FRPREG(I,J)
00 45 I»l,20
00 45 J'1,11
45 PTFM(I,J)«100.»FRHR£G(I,J)/TOTF(I,J|
THZRG=REG(20,11)*10*»3
THZEX»6XC(20,11)*10**3
PRCT=100.*THZRG/ITHZPG*THZEXI
IFRM.FRMREG(2C,11I+0.5
IFIMM.EQ.JIGO TO 81
THZRG»THZRG»l.c-6
101 WRITE (6,888 )GLI M.PRCT ,THZRG ,PTM20 , 111 , IFRM
d88 FORMAT(2X,F5.0,2X,F5.1,2X,F4.1,2X,F5.1.2X,I6I
WRITE(6,9JOI
1-17
-------
TABLE 1-4 (CONTINUED)
0117 MM=0
0118 WRITEd, 1013)
0119 GO TO 60
012J 81 EXMO=GLIM*1000./12
0121 WRITE(1,1004IGLIM,EXPQ,PRCT,THZRG,PTFKI20,11I,IF!
0155 64 WRITE(6,1019)(PTFM( I,J),J=1,11)
0156 . 1019 FORMATI5X,1* FM R ' ,10! F10.2, IX ) ,F10.2/ I
0157 WRITE(6-,1016)(REG(20,J), J=l,lll
0158 WRITE (6,1011) (EXC (20, J),J=1, 11)
0159 WRITE(6,1012)(FRMREG(20,J>,J=1.11)
0160 WRITE(6,1019l(PTFM(20,J),J=l,lll
0161 1016 FORMAT(1 + ',132(1_1 )//' TOT HW REG • , 1Q< F10.2, IX I .F10.2 )
0162 WRITE(6,980I
0163 980 FORMAT(1X,132C'' I)
0164 WRITEI6.900)
0165 900 FORMAT! 'I1 I
0166 WRITEd, 1013)
0167 1013 FORMAT!1 OUTPUT PRINTED 1HARO COPY)')
0168 GO TO 60
016S 68 DO 72 N'1,4
C COMPUTE PHASING TARGETS
0170 72 PHTAR1N)=N*THZRG/(5*BATE**(5-N) )
0171 WRITEd, 1014)(PHTAR(NI,N=1, 4)
3172 1)14 FORMAT!//' PHASING TARGETS ARE: ' /1X, 31 E9.4, • , ' ) , E9.4/ ' METRIC TONS
» FOR THE FIRST FOUR YEARS,1/1 RESPECTIVELY'//)
0173 WRITE(6,1014)(PHTAR(M,Nal,4)
0174 GO TC 60
0175 69 WRITEd, 10151
C CHANGE GEN LIMITS
3176 iU15 FORMAT! ' ENT=R NEW YEAR, GEN LIMIT1)
0177 t
-------
TABLE 1-4 (CONCLUDED)
0179 1017 FORMATC NE* VALUES ARE: NYR=' , 12, ' , • I • GENERATION L IMIT = • ,F9.2,/'
«• READY TC COMPUTE? - Y OR N1I
0180 READ(2,101B)NCOM
1)181 1018 FORMATtAl)
0182 IF(NCOM.NE.IYIGO TO 69
0183 GO TO 5
C CHECK EMPLOYEE RATIOS USED FOR SCALE-UP
0184 50 WRITEI6,11201
0185 WPITEI6,11211(1,1=1,10)
0186 1120 FORMATC 1-/21X,'EMPLOYEE RATIOS: 197S/19721//»
0187 1121 FORMAT(2X,'SIC' ,29X, 'REGION'//3X,10(*X, 121,*X,'TOT' I
0188 TGT2=0.
0189 TOT 5=0.
0190 00 52 1-1,19
3191 T75E=C.
0192 T72E = 0.
0193 DO 51 J-1,10
019* T75E=T75E+E75B(I,JI
0195 T72E=T72E+E72BU,J)
0196 51 REMP(JI-E7Sa(I,J)/E72B(I,J>
0197 ER=T75E/T72E
0198 TOT2=TOT2+T72E
0199 TOT5=TOT5»T75E
OZOO II»20
0201 IF( I.EO.DGO TO 52
0202 11 = 20*1
0203 52 WRITE(6.1122l!t.(REMP(J),J.l,10l,ER
020* ET=TCT5/TOT2
0205 HRITE(6,112<>)ET
4206 1124 FORM«T(20X,'RATIO OF ALL TOTALS - '.F6.2I
0207 1122 FaRMAT(2X.I2.1l(2X,F4.2))
C CHECK NUMB6H OF EMPLOYEES BY INTERPOLATION OF FIRM SIZE OIST
. ' C AGAINST 72 EMPLOYMENT
0208 WRITE<6,11231
0209 WRITEI6,1121X1 ,I«l, 10)
0210 1123 FORMAT(/////9X,"TOTSL EMPLOYEES 8Y INTERPOLATION/ GIVEN TOTAL- 197
»2'//l
0211 TT=0.
0212 00 56 1=1,19
0213 T72E-0.
021* TEIN«0.
0215 DO 55 J'1,10
0216 EINT=0.
0217 00 54 K-l,10
0218 5* EINT=EINT»NSUE(I,J,K)*AVGMKI
0219 • T7^E=T72E+e72'B(I,J)«10»*3 .
0220 TEIN=TEIN+EINT
0221 55 REMP(J)=EINT/(E72BII,JI»10**3)
0222 TT=TT+TEIN
0223 RTE-TEIN/T72E
022* 11=20
0225 IFII.EQ.DGO TO 56
J226 11=1+20
0227 56 WRITE16,1122)11, (REfPUl ,J=1,101, RTE
0228 TTE=TT/(TOT2*10**3)
0229 WRITE(6,112*ITTE
0230 WRITEI6.SOU)
0231 MRITE(1,1013)
0232 GO TC 60
0233 70 CONTINUE
023* STOP
0235 END
1-19
-------
EMP
ER
ESFM
ET
EXC(I,J)
EXMO
FACT(I)
FRACTE
FRMEX(I.J)
FRMINC
FHMREG(I.J)
GLIM
HAZEXC(I.J)
HAZREG(I,J)
ICOM(L)
IFRM
II
- number of employees in one SIC code and region em-
ployed by firms exempt from regulation
- ratio of 1975 employment to 1972 employment for an
entire SIC code; used in parameter check option
- number of employees in smallest firm subject to
regulation
- ratio of total 1975 employment to total 1972 employ-
ment; used in parameter check option
- hazardous waste excluded from regulation, thousands
of metric tons
- small generator exclusion limit, kg per month
- generation factor
- average number of employees per firm in cut-off size
class which are excluded from regulation; used in
interpolation
- number of firms excluded from regulation
- number of firms in cut-off size class which are ex-
cluded from regulation; used in interpolation
- number of firms regulated
- generation limit, metric tons per year
- amount of hazardous waste excluded from regulation,
metric tons
- amount of hazardous waste regulated, metric tons
- alphanumeric commands for manual direction of pro-
gram from terminal
- number of firms regulated, rounded to nearest
integer
- dummy index used to print proper SIC codes on output
1-20
-------
UK
IY
KK
KMAX(K)
KRNG(K)
MCOM
MM
NCOM
NSIZE(I,J,K)
NYR
PHTAR(N)
PRCT
PTFM(I,J)
RATE
REG(I,J)
REMP(J)
RTE
T72E
dummy index used to increment EXCL for cycling
option
alphanumeric symbol for NO, used for manual direc-
tion from terminal
dummy variable used for interpolation, equal to the
firm size class immediately below the cut-off class
the largest firm size in a size class
the range of firms sizes in any size class
dummy variable used to interpret commands from ter-
minal
dummy variable used to control printout for cycling
option
dummy variable used to interpret commands from
terminal
number of firms in each firm size class
year of interest, last two digits
targets for first four years of phasing alternative,
total hazardous waste regulated
percentage of total wastes which would be regulated
percentage of total firms which would be regulated
annual growth rate for waste generation
hazardous wastes regulated, thousands of metric tons
employee ratio; used as output variable for both
functions of the parameter check option
ratio of total employment in one SIC code in all
regions by interpolation to reported total, used in
parameter check option
total reported 1972 employment in one SIC code in
all regions; used in parameter check option
1-21
-------
T75E - total reported 1975 employment in one SIC code in
all regions; used in parameter check option
TEIN - total employees in one SIC code in all regions as
determined by interpolation; used in parameter check
option
THZEX - total hazardous waste excluded, all SIC codes in all
regions, metric tons
THZRG - total hazardous waste regulated, all SIC codes in
all regions, metric tons
TOT2 - total reported 1972 employment, all SIC codes in
all regions; used in parameter check option
TOTS - total reported 1975 employment, all SIC codes in
all regions; used in parameter check option
TT - total employees in all SIC codes in all regions as
determined by interpolation; used in parameter check
option
TTE - ratio of total employees in all SIC codes in all
regions determined by interpolation to reported
total; used in parameter check option
YRATE - multiplier to adjust waste generation to any given
year: YRATE = RATE**(NYR-75)
1-22
-------
APPENDIX J
HAZARDOUS WASTE INCIDENTS
A total of over three hundred incidents involving hazardous
wastes have been selected from the EPA open files (Office of Solid
Waste, Hazardous Waste Management Division, 1978b). These incidents
are summarized in this appendix in order to document the kinds of
accidents that could be reduced or eliminated by implementation of
the proposed regulations. Incidents involving household wastes are
included even though such waste would not be regulated. It is
believed that public participation procedures and state administra-
tion of programs will serve to increase public awareness and educa-
tion; thus, resulting indirectly in a decline of public health
problems related to household wastes.
J.I Generation Incidents
• In 1971, 6,140 fish were k-illed in Spring Creek from a spil-
lage of waste liquid by a secondary chemical processor in
Centre County, Pennsylvania. The spill was caused by an un-
attended hose that moved from a position of pumping wast'e
liquid into an impoundment to one of pumping into a ditch.
From the ditch, 12,000 gallons of waste liquid from the com-
pany's neutralization basin flowed into Spring Creek, causing
a fish kill extending 4.7 miles downstream. Contaminations
with the polluted water included cyanide, iron, phosphate,
nitrates, and various organic chemicals. Other fish kills in
Spring Creek attributable to the same company have occurred
on five other occasions.
• A chemical residue inside a plant in Hopewell, Virginia, plus
a large amount of Kepone, was emitted into the air, sewer,
and water systems. Air pollution readings indicated that 55
percent of the dust in the air was Kepone. As chemical
wastes were flushed through the Hopewell sewer systems, the
best shad and oyster waters of the James River from Richmond
J-l
-------
to Newport News were contaminated. The James River was
closed to fishing in December 1975.
• Celery fanners in Muskegon County, Michigan, reported the
presence of a film of gasoline on the water surface in a
sumphole in August 1975. The gas film was volatile enough
that fumes were noticeable in the celery greenhouses. Analy-
sis of the film showed that in addition to hydrocarbons, 510
ppm lead was also present. The source of the oil was a near-
by refining company which was responsible for many spills and
oil leaks in its oil field. Oil-containing water from previ-
ous spills was required to be collected and treated in two
ponds, one of which was continuously monitored. Since the
company was in the process of dismantling, no further pollu-
tion was expected to emanate from it.
• Three industrial supply wells in Warren County, New Jersey,
were contaminated by ammonia and mercury-laden wastes in
1971. The wastes were leaked from a chemical manufacturing
plant, subsequently entering the water table. The plant had
discontinued its mercuric waste stream, but apparently, the
groundwater quality problem still exists.
J.2 Transport Incidents
• A truck driver noticed that one of the drums he was hauling
through the village of Mundelein, Illinois was leaking
titanium trichloride, a chemical that changes to an
hydrocloric acid mist on contact with the air. Fourteen peo-
ple were hospitalized for exposure to the fumes. The four
drums of chemicals were neutralized and buried.
• Several dozen barrels of chemical wastes, believed to be sod-
ium nitrate, exploded in a truck bin on the Dan Ryan Expres-
sway in Chicago, spewing barrels of flames over cars and
snarling rush-hour traffic. The chemical was part of a load
being carried by an industrial garbage truck to a garage in
Crestwood from a chemical company. Barrels which were cata-
pulted into the air landed among the cars or dropped 50 feet
to the ground below the expressway. Two Deering District
policemen stopped traffic near the scene, and were later
treated briefly at Mercy Hospital for eye injuries from the
smoke. Both were released. The cause of the fire was un-
known.
• In the San Francisco Bay area, an attempt was made to recover
alkyl lead from organic lead wastes. The wastes were trans-
ported by truck to a recovery plant. Toll collectors on a
J-2
-------
bridge along the truck route to the recovery plant became ill
as a result of vapors escaping from the transporting truck.
• A hauler was unloading drums of flammable waste from a truck
at a disposal site in California. One of the drums, when
disturbed, exploded or ruptured and the truck was immediately
engulfed in flames. The truck was a total loss, but no one
was hurt.
• In southern Louisiana, industrial wastes containing hexa-
chlorobenzene (HCB), a relatively volatile material, were
transported over a period of time to municipal landfills in
uncovered trucks. High levels of HCB have since been report-
ed in the blood plasma of individuals along the route of
transport. In a sampling of 29 households along the truck
route, the average plasma level of HCB was 3.6 ppb, with a
high of 23 ppb.
• A leak of 500 gallons of carbolic acid from the ruptured tank
of a truck that had stopped for fuel in Union, Connecticut,
contaminated at least three shallow wells on the Connecticut
side and filtered into the Hamilton Reservoir in Massachu-
setts.
J.3 Treatment and Lagoon Incidents
• Two deaths occurred as a result of a tank accident at a
treatment plant in 1975. The two youths involved were clean-
ing scale from a cyanide plating waste tank and were using
their safety equipment when checked during the afternoon.
The cyanide level in the tank had been checked, there was
positive purge in the air lines, and the victims were wearing
gas masks at that time. When the bodies were found, the com-
pressor for the purge had been turned off and the gas masks
had been removed - reason unknown. (Apparently, a cyanide
pocket was hit.)
• Sulfide waste was added to soluble oil waste in a tanker and
subsequently added to other oily wastes. Later treatment of
the oil with acid to break the emulsified oil resulted in
evolution of hydrogen sulfide. Two operators were briefly
affected, and there was an explosion in the tank.
• In July 1977, several truckloads of organohalides, amines,
and hydrocarbons were dumped by a waste disposal firm at a
disposal site near San Francisco, California. The wastes
were deposited in an evaporation pond, where they soon
floated to the top and began to evaporate. A visible and
odoriferous plume of white mist hovered over the area for
J-3
-------
several hours, provoking nausea and other complaints from re-
sidents downwind of the site. One or more buildings in the
area were evacuated as a result of the serious air pollution
incident.
A pesticide company makes Carofuran, which hydrolyzes at 10
pH. Some of this chemical escaped without proper treatment
during the summer of 1975 into a lagoon used by the company
to store high pH ammonia-containing wastes. Ducks and geese
which normally use the lagoon were killed by the Carbofuran
content. Since acidification would release large amounts of
ammonia gas, the plan is to drain the lagoon into Jeddo Creek
at a dilution that would release Carbofuran at a. 0.08 ppm
concentration.
In 1967, in Carbo, Virginia, a dike containing an alkaline
waste lagoon for a steam generating plant collapsed and
released fly ash waste into the Clinch River. All food
organisms in the four-mile stretch of river immediately below
Carbo were completely destroyed. The contaminant flowed from
Carbo to Norris Lake in Tennessee, where it is estimated to
have killed 216,200 fish.
Aquatic life in Jack's Creek has been severly depressed due
to discharge from the waste impoundments of a chemical com-
pany in Mifflin County, Pennsylvania. Leakage from the
impoundments produced high concentrations of zinc, copper,
iron, and sulfide in the groundwater and in the nearby creek.
Lagoons have subsequently been phased out.
Two fish kills were noted in August and November 1975, in the
Crow River near Hutchinson, Minnesota. It was determined
that they were caused by cyanide levels as high as 0.31 mg/1
in the stream. The source was a wastewater treatment plant
that received ferrocyanide from a local industry. Ferro-
cyanide dissociates in the presence of sunlight to release
ionic cyanide that forms hydrocyanic acid, a process which is
accelerated with decreasing pH. Therefore, the fish kills
were only noticed during periods when the pH of the river or
sewage effluent was lower than normal.
In Fort Meade, Florida, a portion of a dike forming a waste
pond ruptured, releasing an estimated two billion gallons of
slime composed of phosphatic clays and insoluble halides
into Whidden Creek. Flow patterns of the creek led to sub-
sequent contamination of Peace River and the estuarine area
of Charlotte Harbor, which acquired a milky white appearance.
Along the river, signs of life were diminished; dead fish
were sighted and normal surface fish activity was absent. No
J-4
-------
living organisms could be found in Whidden Creek or in Peace
River up to eight miles downstream. Clams and crabs gills
were coated with the milky substance.
• In 1965, unlined lagoons in Colombia County, Pennsylvania,
caused contamination of private wells in the area. The
lagoons were leaking plating wastes containing cyanide, cop-
per, nickel, alkylbenzenesulfonate, and phosphate.
• In December 1973, overflow from a waste impoundment at a
chemical company in Clinton County, Pennsylvania, caused pol-
lution of Bald Eagle Creek. The prime contaminants of the
polluted waters were copper, chromium, and iron. In addition
to the degradation of the stream quality, the overflow also
saturated soil around the Pennsylvania Railroad, causing the
derailment of several cars.
• A trucking firm in Lake County, Ohio, hauls bulk chemicals in
trailer tanks and washes residues from the trailer tanks into
two lagoons on the firm's property. The unlined lagoons
receive about 5,000 gallons per day of wastewater containing
phenols, organic solvents, phosphates, and suspended solids.
Contamination of wells on adjacent property was reported in
1971; and cattle refused to drink from a stream polluted by
effluent from the lagoons.
• In 1972, in Dakota County, Minnesota, the presence of
phenols, fuel oil, ammonia, increased dissolved solids and
depressed water pH in domestic wells is attributed to leakage
from lagoons used for disposal of liquid wastes by several
industrial plants. Several owners of private wells have com-
plained of pumping water of poor quality. There is concern
over the danger of contaminating the Jordan Sandstone where
improperly constructed wells may allow hydraulic connection
with the overlying contaminated aquifers.
• Seepage from eight (8) lagoons in Montgomery County, Pennsyl-
vania, has contaminated groundwater, springs, and swamps in
the area. The company processes fluorocarbons for use in
manufacturing teflon and disposes the ammonia wastewater in
their lagoons. Samples of seepage downs lope from lagoons
contained 3,000 mg/1 NH3, 28.8 mg/1 F, and 1,800 chemical
oxygen demand. The wastes were pumped to a municipal treat-
ment plant.
• In 1955, a steel company in Bucks County, Pennsylvania, stop-
ped using a drinking well on their property due to high iron
levels found in the water. These iron levels have been at-
tributed to leachate from the 13 industrial waste lagoons
J-5
-------
maintained on the property. In 1958, another well was aban-
doned when iron concentrations exceeding 15 ppm were discov-
ered in the water. A comprehensive groundwater analysis
conducted in 1975 revealed an iron concentration consisting
of 76 ppm, 125 ppm phenols, and 34.6 ppm ammonia.
A pharmaceutical firm in Myers town, Pennsylvania, made a
chicken vaccine prior to 1966. Resultant arsenic wastes were
deposited in a lagoon as sludge behind the plant. In 1966,
another company bought the property and discovered that a
large area of the groundwater was contaminated. High arsenic
levels were detected in nearby Tulpehocken Creek, and trace
amounts could be detected as far as the Philadelphia Water
Supply on the Schuylkill River. Use of the lagoons was dis-
continued and the contaminants were stored in 55-gallon bar-
rels with polyethylene plastic liners.
The breakage of one of the walls of a sludge lagoon in 1970
resulted in the spillage of sludge into the Schuylkill River.
The sludge was a residue from the operations of a waste
lubricating-oils refinery in Berks County, Pennsylvania.
During a legal struggle between the company and the state
over the incident in 1972, Hurricane Agnes floods washed
sludge out of the lagoons and into the Schuylkill River,
causing more damage downstream. A partially successful
cleanup operation was completed in 1973.
In the 1960's, chromium from an industrial waste lagoon in
Newfield, New Jersey, contaminated one municipal well, at
least one domestic well, and a nearby stream; The lagoon had
been operating for about ten years before the problem was re-
cognized in 1970. At that time, a total hexavalent chromium
concentration of 150 ppm was measured in one of the wells 700
feet away from the waste lagoon. The source of contamination
has been eliminated, but the plume of polluted groundwater
remains.
From 1966 to 1969, spent bomb casings containing the explo-
sives RDX and TNT were washed out and the wastewater sent to
an unlined settling basin in Kitsap County, Washington. In
1971, levels up to 0.32 ppm nitrates were discovered in area
water wells. Concentrations of 5.2 ppm RDX and 113 ppm TNT
were found in the water and up to 5 ppm of each were found in
the soil. Testing revealed that contaminants had penetrated
the perched water table below the basin.
J-6
-------
Groundwater contamination from waste lagoons containing do-
mestic, commercial, and industrial wastes occurred near
Yakima, Washington. Nearly one-half of the ponded material
consisted of industrial wastes. Within a few months after
discharge to the pond began, a nearby well became contami-
nated with coliform bacteria that had migrated from the la-
goon. Sewage infiltrating through the bottom of the lagoon
formed a shallow, elongated mound of fluid that rested on top
of the water table. Contaminated water from the lagoon
reached rural water wells down the valley in six days.
Leachate from the waste pond of a fertilizer plant in Hert-
ford County, North Carolina, has contaminated groundwaters
and the Chowan River. The pond contained high nitrogen waste
waters which leached into a sand aquifer and into a fresh-
water pond leading to the river. The total amount of nitro-
gen in the sediments was computed to be 465 tons. The quick
pace of nitrogen seepage into the river was slowed by digging
a lined ditch between two of the waste water ponds to prevent
water from moving into the underlying contaminated sediments.
Other measures were also taken to ensure good surface drain-
age toward an open ditch, thereby minimizing movement of
rainwater into contaminated sediments.
Leachate from three ponds containing aluminum oxide slurry
was the source of pollution of the New River, North Carolina,
in 1972. The ponds are owned by an electric company which
makes resistors with aluminum coatings. The ponds apparently
sealed themselves, since leachate was not detected in 1974 or
1975.
Demineralization facilities of a chemical plant became over-
loaded in July, 1966,'because of a marked high in mineral
content of the groundwater from one of its five production
wells. By October, 1966, the situation was critical and
plant shutdown seemed imminent. It was discovered then that
the most severely polluted well was located adjacent to the
plant's concrete-lined sewers and waste ponds. It was sus-
pected and confirmed that cracks in these liners were the
points of pollution entry. Successful corrective measures
were undertaken and completed.
The Air Compliance Division of the Connecticut Department of
Environmental Protection closed down two organic solvents re-
covery operations in Southington, Connecticut, that were em-
itting air pollutants caused by waste incineration. Lead and
zinc contaminated area groundwater and the company's own
well. Waste incineration was ceased in early 1974.
J-7
-------
• Evaporation ponds at the site of an industrial company in
Concord, California, persistently caused air pollution prob-
lems. Of the four ponds located there, two are used for bio-
degradation of material from oil refineries and two receive
wastes for evaporation. In the summer, air pollution cita-
tions increase because of the very bad odors that can carry
for many miles. A large percentage of the .waste materials
are significantly more volatile than water.
• In Ottawa County, Michigan, lagoons belonging to a private
waste disposal operation receiving liquid industrial wastes
leaked heavy metals and other chemicals into the groundwater.
• In 1968, in Jobos, Puerto Rico, wastewater from a fiber plant
seeped through a permeable bottom of a small lagoon. Water
from a public supply well nearby developed a persistent and
offensive odor.
• In 1971, a newly drilled industrial well in an artesian aqui-
fer in Garfield, New Jersey, contained water with an unac-
ceptably high concentration of phenolic materials. The pol-
lutants originated from nearby industrial waste lagoons.
• In 1971, overflows and leachate to groundwater from an indus-
trial waste lagoon in East Greenbush, New York, produced foul
odors and an oil slick in a nearby stream.
• As a result of heavy rains in February of 1973, a dike in
Camden County, New Jersey, broke, releasing 70,000 gallons'of
Latex paint sludge into Billiard Creek. Laboratory analysis
of creek water revealed that the sludge contained 2,300 ppm
lead and 17.2 ppm mercury.
• Leakage from a series of large impoundments filled with acid
and sludge wastes treated with sulfuric acid contaminated
groundwater in Delaware County, Pennsylvania.
• Several wells in Clinton County, Pennsylvania, became un-
usable in 1973, due to high concentrations of iron, manga-
nese, and chlorine found in the water. The sources of the
contaminants were leaking impoundments, seepage beds, and
spray fields belonging to a gas compression company. Wastes
from the company had been dumped at these sites since the
early 1960's.
• In Franklin County, Pennsylvania, surface water pollution and
possibly groundwater pollution at a center for chemical war-
fare has resulted from leachate and direct stream discharge
from two concrete-lined acid sludge lagoons.
J-8
-------
In 1972, leachate from two waste chromium lagoons in York
County, Pennsylvania, contaminated a nearby stream. Analysis
of the supernatant in the lagoons revealed chromium concen-
trations of 0.23 mg/1 and 0.15 mg/1, which are greatly in
excess of the drinking water limit. The lagoons were aban-
doned in 1975.
In 1971, in Bergen County, New Jersey, phenolic materials
from industrial waste lagoons were added to local recharge.
A newly drilled industrial well produced water with an ob-
jectionable concentration of phenolic material.
In 1964, in Lebanon County, Pennsylvania, arsenical wastes
were released into an unlined lagoon and subsequently seeped
into the subsurface. Groundwater in the water table aquifer
in the immediate vicinity of the waste lagoon was found to
contain as much as 200 mg/1 of arsenic.
In Sharon, Connecticut, an overflow pipe regularly sent eth-
ylene glycol into the groundwater and wells, thereby contam-
inating them.
In the late 1960's, an industrial waste processing firm in
Gloucester County, New Jersey, began treatment and disposal
operations using a series of lagoons that covered an area of
about 15 acres. Soon chemical pollutants leaked into the
groundwater. By 1972, the volume of polluted groundwater was
estimated at 20 x 10 gallons. Analysis of the groundwater
yielded the .following results: chromium 150 ppm; copper 135
ppm; zinc 50 ppm; nickel 19 ppm, and 5,000 chemical oxygen
demand. The lagoons have since been sealed with cement and
plastic liners, and pumping and .treatment of the groundwater
has been successful in containing the problem.
A 1971 analysis of a residential well in Pine Bend, Minne-
sota, showed an unusually high content of ammonia. Chemical
contamination of groundwater from three nearby industries was
confirmed. Nearby counties were discharging to retaining
ponds very large quantities of wastewater and sulfuric acid
which were seeping to the subsurface and eventually into the
aquifer. A new well constructed in 1972 also showed pollu-
tion of groundwater as evidenced by the very high total
solids, low pH, ammonia, high sulfate content, and the pres-
ence of high concentrations of lead, copper, and zinc.
Leachate from a waste lagoon in Port Jervis, New York, con-
taminated the water table. Fluoride concentrations greater
than 50 ppm were discovered in a nearby spring. The plant
was abandoned.
J-9
-------
J.4 Storage Incidents
• In 1977 in New Jersey, a 20,000 gallon tank filled with hy-
drocarbon at a chemical disposal plant exploded, possibly due
to a welding spark. Fire spread to 11 other storage tanks.
Two workmen were killed and ten others were injured—four
critically. Another four workmen were reported missing.
• A disposal company collected several drums of paint solvent
from a generator and transported them at night to a landfill
in Burnsville, Minnesota. The following day, a bulldozer
operator collided with the drums, rupturing them and igniting
the flammable solvent. The operator was burned over 85 per-
cent of his body and was crippled.
• An employee transferred two five-gallon cans of waste vinyl
cyanide and water from a still to a supposedly empty waste
drum. As the employee rolled the drum to a storage area
across the road, it exploded. Waste material sprayed the em-
ployee. The drum was thrown approximately 48 feet, wrapping
around a steel guard post. The employee received thermal and
possible chemical burns to both feet. The exothermic re-
action that caused the drum to rupture, was probably a com-
bination of cyanoethylation and polymerization.
• An 11 year old boy suffered severe alkaline burns at a creek
near storage tanks of sodium hydroxide. The boy apparently
jumped across the creek and suffered third degree burns when
his leg sank up to the knee in mud. He underwent surgery im-
mediately to remove the dead tissue from his burned leg and
ankle. Sheriff's reports indicated that two other boys had
suffered similar burns the previous week in the area. The
environmental control officer recommended that the company
close the valves on its storage tank and flood the area to
neutralize the leak. One more person was to be injured, how-
ever, before the matter was resolved.
• From time to time in the last ten years, the entire Johnson
family from Rockford, Illinois, had been stricken with head-
aches and stomachaches, listlessness, "water" behind the
ears, shakiness, and other symptoms (that may have been mer-
cury poisoning) that would last for weeks, subside briefly,
and then return. In the spring of 1972, the family learned
that their well water was tainted when they detected a strong
industrial odor coming from it, the same odor they smelled
coming from drums of chemical wastes stored on their neigh-
bor's farm. Chemical wastes from these drums either had
leaked or had been dumped into an abandoned limestone quarry.
J-10
-------
From there the wastes had filtered down to the water table
and entered the family well. A paint manufacturer in Rock-
ford was sued by the family for disposing waste solvents,
mercury, and chemicals. The company was ordered to stop
dumping there; however the mercury contamination persisted.
At a drum reclaiming plant in northern California, 15 men
were poisoned by gases given off from drums. It is presumed
that this incident occurred because of inadequate storage
procedures by the company involved.
In 1971, a fire occurred in a warehouse in Okanogen County,
Washington, where about two tons of pesticides were stored,
including guthion, parathion, endrin, dieldrin, DDT, and
other chlorinated hydrocarbons. The threat of health impair-
ment from the toxic fumes emitted from the fire forced the
evacuation of nearby residents for several hours. Runoff of
water used to extinguish the fire polluted a city well 500
feet away from the site with endrin and nitrate. Expectant
mothers and small children were advised not to drink the city
water for about two weeks.
When a hydrochloric acid mist blanketed a housing project in
Chicago, about 200 residents were hospitalized and thousands
were driven from their homes. The acid mist came from a
leaky storage tank containing silicon tetrachloride, which
turns into hydrocloric acid when it reacts with moisture from
the atmosphere. The leak was not sealed for days - after
350,000 gallons of the chemical had already been spilled.
In Richmond, California, a hazardous waste hauler mixed a
liquid waste containing butyl acetate in xylene, with an
etching waste containing sulfuric acid, nitric acid, and
hydrofluoric acid. A hydrolysis reaction took place. Pres-
sure was generated in the tank and the safety relief valve
was blown off while the truck was traveling through a resi-
dential area. A private residence was sprayed with the
hazardous mixture.
In 1973, a major chemical company in Virginia contracted with
a processing firm in Alabama to pick up, haul, and dispose of
approximately 10,000 drums of aramite waste, containing 30 to
80 percent sulfuric acid. Most of the wastes were shipped in
208 liter (55-gallon) steel drums and 190 liter (50-gallon)
fiber drums. The wastes brought to Alabama were never pro-
cessed and remained in two open storage areas and in one
inclosed warehouse. Due to weathering, physical stress, and
the corrosive and harsh nature of the wastes, many of the
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drums stored in the two open areas disintegrated and their
contents spread over the adjacent ground. In addition to
contamination of local waters (chemical analysis of samples
of drainage water from the storage site indicated a very high
acidity and high concentrations of heavy metals), the storage
of waste at the three locations presented a great fire haz-
ard. On March 9 and 10, 1976, a fire broke out at the site,
and two firefighters became ill, presumably due to inhalation
of toxic fumes.
On at least two occasions waste storage lagoons have broken,
spilling large volumes of wastes into the Allegheny River in
Pennsylvania. On one occasion in 1968, a waste refining
sludge containing oils, acid wastes, and alkyl benzene sulfo-
nate flowed three miles down a tributary to the Allegheny,
killing 4.5 million fish. On another occasion in 1972, heavy
rains broke the dike of another refinery waste lagoon, kil-
ling 450,000 fish along a 60-mile stretch of the river. The
discharge was characterized by a pH of 1.7, chemical oxygen
demand of 116,112 ppm, iron concentration of 507 ppm, and
sulfate concentration of 56.5 ppm.
Lagoonal wastes from a company in Noxamixon Township, Penn-
sylvania, had been the source of groundwater, stream, and
soil contamination there. The company, which was in opera-
tion from 1965 to 1970, bought industrial wastes from other
plants, extracted copper, and stored the rest of the toxic
liquids in lagoons. Three of the cement lagoons developed
open seams on the bottom, seeping fluids into a nearby creek.
During at least one period of heavy rainfall, toxic wastes
from the lagoon, including acids, copper, nickel, and iron
chloride, flooded into a nearby creek. Soil contamination
persists at the site, and the entire area is devoid of vege-
tation.
In 1969, in Carbon County, Pennsylvania, heavy metals leached
from a slag pile at a zinc smelter to the water table and
moved laterally to Aquashicola Creek. Groundwater containing
up to 200 mg/1 zinc and 2.5 mg/1 of other heavy metals was
discharged into Aquashicola Creek and adversely affected
aquatic life.
An Oconto County, Wisconsin, chemical company that stored
salt wastes onsite from the production of herbicides caused
ground and surface water contamination.
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Phenolic substances released into Oil Creek from an open gate
valve in a retention lagoon at a chemical company in Venango
County, Pennsylvania, were apparently responsible for a mod-
erate fish kill and the death of some turtles which the creek
supported.
A copper reclamation company, located in a mid-Atlantic
state, bought industrial wastes from other plants, extracted
the copper, and stored the remaining liquids in cement la-
goons. Three of the lagoons developed open seams and leaked
toxic pollutants into an adjacent creek, killing all its
aquatic life. After an injunction was issued requiring the
wastes to be treated, the company defaulted, leaving 3-1/2
million gallons of toxic wastes on the site. Heavy rains in
April 1970, overflowed the lagoons into a tributary of the
Delaware River, forcing county officials to build a dike
around the area. The wastes were finally neutralized and
ocean dumped.
Leachate from a two-acre fiberboard waste pile in Nash Coun-
ty, North Carolina, has contaminated a stream with high con-
centrations of nitrogen and manganese. The waste pile con-
sists of waste wood fibers and is 6-10 feet deep. The high
manganese concentrations have caused problems in the city of
Rocky Mount's water treatment plant. Disposal to the pile
has since been discontinued.
A holding pond and tanks failed at a Saltville, Virginia,
chemical manufacturing plant, spilling chlorine, hypochlor-
ite, and ammonia into the Holston River. River water samples
showed a hypochlorite level of 0.5 ppm and a fixed ammonia
concentration of 17.0 ppm. Dead fish were sighted along the
river.
A firm engaged in the disposal of spent chemicals was storing
and disposing toxic chemical wastes at two Louisiana loca-
tions. At one of these sites, several thousand drums of
waste (some with and some without lids) were in storage.
Many of the drums were popping their lids and leaking, and
visible vapors were emanating from the area. The pine trees
beside the storage area were all killed as a result of this
leakage.
An arsenal was established in 1943 by the U.S. Army for the
production of chemical warfare agents. In the late 1950's,
the site was used by a chemical company for the manufacture
of pesticides and herbicides. Liquid chemical wastes were
conveyed by canals and ditches to unlined holding ponds for
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storage. It was noticed that crops on local farms were being
damaged. During the following years, damage became acute,
and in 1957, a 96-acre asphalt reservoir was constructed to
contain the wastes. In addition, a 12,000 foot-deep
injection well was dug for ultimate disposal of the wastes.
Injection «as halted when it was correlated with earthquakes
in the Denver area. Sampling in 1965 showed severe
groundwater contamination covering at least 12 square miles.
Contaminates included chloride, sodium, fluoride, arsenic,
chlorate, 2, 4-D, aldrin, and dieldrin. Chloride
concentrations as high as 3,000 to 4,000 ppm were observed in
the contaminated areas. As of 1975, contamination was still
evident with aldrin, endrin, and dieldrin present in the
30-40 ppb range. The present area of contamination extends
over 30 square miles, 25 of these off-site. The plume now
extends to within a mile of the public water supply well
field for the city of Brighton.
A manufacturer of agricultural herbicides in Oconto County,
Wisconsin, produces salt wastes containing arsenic that are
stored on a loading dock within ten feet of the Menominee
River. A well at the dock has been found to yield water
containing about 1.0 mg/1 arsenic. Heavy contamination of
the groundwater, the soil, and the river had also been re-
ported, with maximum levels of arsenic in the sediment found
to be 35 ppm. Two new storage facilities are to be construc-
ted to hold the salt wastes.
In 1969, overflow of storage tanks and some spray irrigation
killed vegetation and polluted wells and groundwater in
Lebanon County, Pennsylvania. The polluting wastewaters con-
tained organic materials, blood, and chloride.
In 1967, an industrial operation recovering metals from waste
products moved near the municipal well field of Perth Amboy,
New Jersey, and proceeded to stockpile materials containing
zinc, lead, and cadmium in the open. These metals leached
into adjacent surface and groundwaters, causing the closure
of public water supply wells in 1971 and 1972, due to high
zinc concentrations. The remainder of the well field is in
jeopardy. A surface stream flows into a pond near the well
field. Analysis revealed 12,250 ppm of zinc and 600 ppm of
lead.
Several drums of a 15 year old chemical used for soil steril-
ization were discovered in a warehouse in Bingham County,
Idaho. The chemical was taken to a remote area where it was
exploded with a rifle blast. Had it been disturbed only
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slightly while in storage several people might have been
killed.
Officials found 1,500 steel drums of wastes, some leaking
chemicals, stored in the open just outside the city limits in
Travis County, Texas. Subsequently, investigators found an-
other 3,000 barrels of wastes stored in West Travis County.
Four small chemical companies and one large plant in Houston
were named as sources of the wastes.
In the summer of 1972, approximately 1,000 pounds of arsenic-
containing pesticide and a bottle of KCn, muriatic and nitric
acid were discovered in an abandoned factory building in
Camden County, New Jersey. The building previously belonged
to a leather tannery that had discontinued its operations.
Since 1867, asbestos product manufacturers have accumulated
nearly 2 million cubic yards of assorted industrial wastes in
open piles in a small Pennsylvania town. The original gener-
ator of the wastes went out of business in 1962. Since then,
two other companies have been responsible for enlarging the
spoils piles. The atmosphere around the piles contains
asbestos fibers due to wind erosion. An air-monitoring pro-
gram, conducted by the U.S. Environmental Protection Agency
in October, 1973, indicated ambient background levels of
asbestos to be 6 ng/m^. An asbestos level of 9.6 ng/m^
was found at a playground near the largest waste pile. Val-
ues obtained near active disposal piles range from 114 to
1745 ng/nH. A high pH level in a nearby stream has
resulted from runoff from the piles.
In April 1974, in Bay County, Michigan, a private water well
became contaminated by trichlorethylene (TCE). The well was
replaced. Persistent complaints about water contamination by
TCE prompted a search for a TCE source. This investigation
revealed empty and full barrels of waste TCE stored at the
back door loading area of the site.
Groundwater contamination from gasoline polluted at least
five water wells in Bexar County, Texas. A leak was detected
in a gasoline storage tank at an abandoned service station
which was operating when the reports of gasoline in well
water first appeared.
A sump overflow in 1971 allowed trichloroethylene wastes to
leak into a cooling water pond. Seepage from this pond con-
taminated a private well 75 yards away. A company well was
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also contaminated with 1,500 ppm trichloroethylene. The com-
pany well was pumped to waste and presently levels are only
20 ppm.
A waste oil company in East Greenbush, New York, operated a
scavenger operation, utilizing earthern lagoons for storage.
Subsequent overflows and leachate to groundwater caused odors
and oil slicks in a nearby stream.
In 1974, an underground water supply in Ocean County, New
Jersey, was seriously polluted when several barrels contain-
ing potent chemicals leaked their contents into the ground at
a landfill. The state was forced to close down the under-
ground aquifer.
Slag-pile leachate at a dump in Cambria County, Pennsylvania,
degraded waters in Hinckston Run. The dump contains paper,
cardboard, steel filings, and pickling liquors. Stream
samples of Hinckston Run revealed high concentrations of
iron, sulfates, manganese, aluminum, and a low pH.
Molybdenum wastes from a molybdenum oxide producing plant
were piled in the open in Washington County, Pennsylvania.
The uncovered slag pile was exposed to rainstorms, and runoff
from the pile would periodically enter Burgetts Creek, where
molybdenum was measured to be 50 ppm. Damage to the creek
environment was difficult to assess, because the creek was
also polluted by sewage and acid-mine wastes.
Fifty-five gallon drums of liquid sludges from a company in
New York leaked into a nearby stream, leaving an oily scum on
the surface. The stockpiling site was abandoned, although
old barrels still remain.
A liquid waste disposal company spilled fish-killing chemi-
cals into a small creek in the Hackensack Meadowlands in New
Jersey. The spill, which occurred in 1973, originated from a
truck parked behind its company offices for the weekend. The
Coast Guard claims it recovered 1,400 gallons of the chemi-
cal, allowing only 100 gallons to reach the Hackensack River.
In 1974, in Cape May County, New Jersey, an underground tank
containing approximately 10,000 gallons of cresol and cresite
wastes was discovered during the construction of an elevator
shaft for a housing project. The wastes had been stored by a
gas manufacturing plant that went out of business in the ear-
ly 1960's. It is believed that the wastes would eventually
have polluted local beaches had the tank not been discovered.
The wastes were pumped out and destroyed by incineration.
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• In 1960, in Aurora, Illinois, well installations were aban-
doned and a new water supply developed from an unaffected
source at a laundry, when a leaking fuel oil tank adjacent to
the establishment polluted its water supply wells. During
the fall of 1967, one of the supply wells was reactivated to
determine the present chemical quality of the groundwater. A
strong hydrocarbon odor and taste still was apparent in the
well water after more than seven years.
J.5 Disposal Incidents
• Improper disposal of excess herbicide in a hand pressure
sprayer was responsible for the death of a two year old
female and the illness of two other children in January 1967,
near Abilene, Texas. The herbicide, containing 34.3 percent
monosodium methanearsonate, was used to control weeds in a
garden area adjacent to the farmstead. When spraying was com-
pleted, the sprayer was dumped next to a shed, a location ac-
cessible to children. The two year old consumed a lethal
dose of the spray. The two other children ingested enough to
result in hospitalization.
• In October 1974, a bulldozer operator was killed in an ex-
plosion at an industrial landfill in Edison Township, New
Jersey, as he was burying and compacting several 55-gallon
drums of unidentified chemical wastes. The victim died as a
result of burns, which covered approximately 85 percent of
his body.
• A load of acidic aluminum sulfate was inadvertently dis-
charged into an excavation containing sulfate waste. Hydro-
gen sulfide was released and the truck driver disposing the
acidic aluminum died in his cab at the landfill site.
• A landfill operator died from second and third degree burns
when the compactor he was operating struck a 55-gallon drum
of ethyl acetate. The incident occurred after a scavenger/
hauler had deposited a load in the dark hours of the morn-
ing.
• Improper disposal of a barrel formerly containing concentra-
tions of parathion resulted in the death of a man in McAdoo,
Texas, in October 1968. After using an acetylene torch to
cut the top off the barrel, he experienced dizziness and loss
of sight. He died soon afterwards in the hospital. The
doctor diagnosed the death as respiratory paralysis due to
accidental parathion poisoning.
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• In June 1972, two male children, aged five and six years,
were admitted to a Batesville, Mississippi, hospital with
symptoms of severe organic phosphate poisoning. The
following day, a seven year old child from the same family
was also admitted. On the same day, an 11 month old female
died at the same home. The other three children recovered
and were released from the hospital. They evidently ate some
soil in their back yard where the mother had poured methyl
parathion ten days earlier.
• A Chicago landfill employee was killed when a 55-gallon drum
of ethyl acetate exploded, causing an intense fire. The con-
tents of the drum were under some pressure after having been
exposed to sunlight. The caterpillar operator received third
degree burns over 30 percent of his body, second degree burns
over 70 percent of his body, and inhaled super heated air.
He survived only three days.
• Injuries and illnesses resulting from on-the-job accidents at
one landfill are under investigation by OSHA. It is sus-
pected that chronic health problems exist among employees at
all industrial dumps. At this particular dump, one man had
to quit his job because of alleged lead poisoning. Upon ex-
amination of the log of all occupational injuries and illnes-
ses that occurred at this landfill in the first ten months of
1974, seven incidents were listed:
1) Bulldozer operator killed by explosion and fire resulting
from the burying and compacting of unknown chemical
wastes;
2) Eye irritation sustained while bulldozer operator was
pushing drum which split, squirting liquid into his eye's;
3) Smoke inhalation which caused respiratory and stomach
conditions while operator was fighting a fire on a bull-
dozer;
4) Chemical burns to hands and other parts of body as a re-
sult of pushing a drum with a bulldozer. The drum split
open and liquid squirted out;
5) Conjunctivitis caused by fumes from waste products
although safety glasses were being worn at the time of
inj ury;
6) Burned foot when driver stepped out of his truck into a
hole containing 250°F acid waste;
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7) Sustained burn of the cornea while dumping acid from a
tank truck.
An employee of a county landfill in Minnesota was seriously
burned when a piece of equipment he was operating crushed and
ignited a container of flammable solvent which had been il-
legally deposited in the landfill. The employee suffered
burns over 85 percent of his body and was hospitalized in
intensive care for four and one-half months.
An employee of a private dump in Cincinnati, Ohio, was burned
over 50 percent of his body when several containers of an un-
known volatile liquid caught fire and enveloped his bull-
dozer. Firemen had to run their hoses more than a half mile
to get to the fire because the dump had no hydrants.
Two Belmont, California, firemen who inhaled a deadly rat
fumigant in 1973 have since retired with permanent disa-
bilities. Eight other firemen are still being treated for
exposure to the deadly fumes. The gas, a mixture of methyl
bromide and chloropicrin, came from a 300 pound canister that
was abandoned by a pesticide manufacturer, then stored out-
side a motorcycle shop until the owner could make a "standup
fireplace" from it. Before the owner could do so, however,
fumes began pouring from the canister as the man opened a cap
on the top of the canister. At least 18 persons, including
seven firemen, were hospitalized after inhaling the fumes.
Among the effects of the gas incident are permanent lung
damage to two individuals and possible brain damage to
another. In October of 1974, 21 persons who claimed they
suffered from the incident filed a $2.3 million suit against
the manufacturer who makes the fumigant.
Members of a farm family, Winnebago County, Illinois, appar-
ently suffered mercury poisoning as a result of illegal dump-
ing of industrial wastes. A teenage son in the family has
incurred brain damage; other family members have suffered
other symptoms; cattle on their farm have been stricken and
in one case, death occurred. The farm adjoins an abandoned
quarry formerly used by a private contractor for dumping
barrels of waste from a chemical company in Rockford,
Illinois. The wastes included phenol, paint solvents, and
resins. Tests have established that during heavy rains,
leakage from both above-ground storage and from dumping in
the quarry contaminated a 40 foot well and a 200 foot well on
the farm. The youngest boy in the family has suffered pro-
longed headaches, pain in the heels of his feet, pain in his
ears, chronic tonsilitis, nervousness. The farm was rendered
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unsuitable for livestock raising since the tainted water
apparently rendered the cows and hogs sterile.
A seven year old female who had experienced nausea and vomit-
ing the previous evening was admitted to a North Carolina
hospital in a comatose state, suffering from organic phos-
phate poisoning. After a restless evening, she lost her
ability to walk, complained of difficulty seeing, and became
progressively unresponsive. An immediate inspection of her
home revealed a discarded five-gallon drum of pesticide col-
lecting rainwater in the back yard. Neighborhood children
reported that the little girl had filled a plastic spray bot-
tle with the contaminated rainwater, and sprayed some of it
in her mouth while making mudpies. The girl rapidly
responded to treatment, recovering completely.
In 1972, a two year old boy in Hughes, Arkansas, was hospit-
alized for organophosphate poisoning after playing among some
empty drums formerly containing various pesticides. The
drums were procured from a aerial applicator to serve as
trash containers. The child completely recovered from the
poisoning after medical treatment.
Two brothers, aged one and two years, were brought to a North
Carolina hospital with sudden onset of vomiting, diarrhea,
and difficult breathing. Increased salivation and pinpoint
pupils led their doctor to suspect organic phosphate poison-
ing, and treatment for that was successful. The boys' father
reported that on the afternoon the boys had become ill, they
had been jumping in and out of an empty 209 liter drum that
had recently held organophosphate pesticide. Sufficient res-
idue remained in the drums to cause poisoning from dermal
absorption.
Wastes in metal drums were disposed at a landfill in York
County, New York, which has no permit for hazardous wastes
disposal. An EPA regional inspector stepped into a trench to
investigate the drums, when a lye substance splashed on his
skin, requiring medical treatment.
Between 1947 and 1952, a chemical company in Niagara Falls,
New York, used Love Canal as an industrial toxic waste dump.
Thousands of drums were dropped directly into the receding
water of Love Canal or buried in its banks. In 1953, the
land containing the canal was sold and a school and homes
built on the site. In 1976, after six years of abnormally
heavy rains, the canal overflowed its underground banks and
at least 82 different compounds, 11 of them suspected
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carcinogens, began percolating upward through the soil into
the back yards and basements of the homes and school along
the canal site.
Children and dogs have been burned playing in the
fields, visitors have had the soles of their shoes corroded
through, and some backyard trees have been completely gnawed
away by chemical action. Air monitors placed by the U.S.
Environmental Protection Agency in the basements of some
homes have counted levels of from 250 to 5,000 times as high
as is safe for some chemicals. Large numbers of miscarriages
(a miscarriage rate rate of 29.4%) and birth defects have
been reported for area residents. Local residents have also
indicated that many in the neighborhood have died of rectal,
blood, and breast cancer, and the New York State Health
Department is planning to make a study to verify these
reports.
At a sanitary landfill near Dundalk, Maryland, a 2,000-gallon
liquid industrial waste load containing iron sulfide, sodium
sulfide, sodium carbonate, and sodium thiosulfate, along with
smaller quantities of organic compounds, was discharged into
a depression on top of an earth covered area of the fill.
When it reached eight to ten feet below the point of
discharge, the liquid started to bubble and fume blue smoke.
The smoke quickly engulfed the truck driver and disabled him.
Several nearby workers rushed to his aid and were also
disabled. During the clean-up operation, one of the county
firefighters collapsed. All six of the injured were hospi-
talized and treated for hydrogen sulfide poisoning. It was
not determined whether the generation of gas was due to the
instability of the waste or the incompatability of the waste
with some of the landfill material.
Six men, one of them a Baltimore firefighter, were hospital-
ized in 1975 after inhaling noxious hydrogen sulfide gas at a
landfill near Baltimore, Maryland. The accident occurred
when the driver was unloading 2,000 gallons of liquid sodium
sulfite and suddenly became faint. Others rushing to his
aid were also overcome by the fumes emitted from the liquid.
When the alkaline waste was discharged, it apparently
contacted some substance already on the ground and reacted
with it to form hydrogen sulfide.
For two days in June, 1968, a farm worker, his wife, and
three children experienced abnormal pain and vomiting from
drinking contaminated well water at a vegetable farm in
Neshanic Station, New Jersey. The water was characterized by
the family as greasy, with a kerosene-like taste. It was
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found to be contaminated with oil-born insecticide arising
from the disposal of an empty pesticide container in the well
area. The family was treated at a hospital and released.
• In Texas, barrels containing chemical wastes were caught in
shrimpers' nets in the Gulf of Mexico. Physical damage to
nets and equipment occcurred, and exposed shrimper crewmen
experienced skin burns and eye irritation.
• In 1973, a truck driver in Richmond, California, developed
conjunctivitis blephaxitis when posdrin dust got into his
eyes while throwing bags of insecticide into a dump.
• For years, a chemical packing plant practiced open dumping of
its waste products on its property and experienced a number
of leaks and spills of industrial chemicals. As a result of
these poor maintenance practices, diethyl ether entered the
water table and adversely affected several nearby water wells
in 1973. One well had concentrations of diethyl ether as
high as 44 mg/1. Despite several attempts at correction of
the pollution, several families reported a disagreeable fla-
vor to their well water, while one family reported illness
from use of their well water. Another family, whose well
showed 75 ppm diethyl ether, was connected to the company
water line to relieve the problem. Many of the affected
wells apparently cleared spontaneously.
• A landfill in south Jersey was apparently the cause of
groundwater pollution from cyanide and phenol leachate. -An
area resident complained for over a year that her water had
an odor, stings the skin and has caused bladder injections.
The New Jersey Environmental Protection Agency performed some
initial sampling in 1974 and found that cyanides and phenols
were two and twenty-one times respectively, the recommended
drinking water standards.
• Residents of Crosby, Texas, were subjected to sore throats,
nausea, and headaches after local wells were contaminated
from a reaction between oily wastes and acids which had been
dumped in an abandoned sand pit.
• In Franklin County, North Carolina, 22 Angus cattle died when
they ingested calcium arsenate that had been discarded 20
years earlier in a trash pile at the farm.
• In 1969, eleven pigs died in Patterson, Louisiana, after eat-
ing Aldrin-treated seed rice which had been haphazardly
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dumped on the head land in a rice field. The swine owner ob-
served the pigs coming out of a cane field runnnng and having
convulsions. Analysis of rumen contents showed 230.7 ppm
Aldrin and 1.13 ppm Dieldrin.
Eight Angus cattle died of arsenic poisoning in Elizabeth
City, North Carolina, after eating residual ashes from the
incineration of old bags and plastic cans formerly containing
pesticides.
Four swine died from mercury poisoning near Quachita County,
Louisiana, after eating treated seed corn obtained from a
city dump. A veterinarian reported that several people had
taken corn from the dump, although no other illnesses were
reported. A tag near the disposed corn read 80 percent
Thiran and 2 percent Malathion.
In 1974, in Newton County, Iowa, four cattle died and four
others adversely affected when they broke through a fence
surrounding a junk pile where a bag of lindane was dumped.
Lab analysis of the rumen contents of the dead animals showed
4,400 ppm lindane.
According to a veterinarian's report in September, 1971, six
or seven cows died from arsenic poisoning, resulting from-
improper disposal of a cotton defoliant in a Texas City land-
fill. Approximately 100 boxes, each containing 4 "empty"
plastic containers holding a small amount of residual arse-
nic, had been placed at the landfill by a warehouseman of a
chemical company. The grazing cattle had entered the land-
fill from nearby pasturelands.
In September 1967, a fisheries biologist for the Texas
Parks and Wildlife Fish Hatchery discovered three dead cattle
in a dumping pit which also contained empty insecticide cans
in Hays County, Texas. Poisoning is the suspected cause of
the deaths.
In Byron, Illinois, unregulated land disposal of cyanides,
heavy metals, petroleum products, and acids resulted in
extensive environmental and property damage. The dumping of
industrial wastes at a farm site was begun two years previ-
ously, but it was not until three dead cattle had been found,
numerous wildlife kills had occurred, and local vegetation
had been killed, that the city decided to halt dumping at the
site.
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• At a farm site in Illinois used for dumping of highly toxic
industrial wastes, mostly from metal finishing processes,
three cows died as a result of cyanide poisoning, and ex-
tensive damage occurred to wildlife, aquatic biota, and
vegetation. Crops cannot be safely grown in the area.
• In 1974, an investigation, sparked by the deaths of three
cows near Byron, Illinois, revealed an abandoned disposal
area for many industrial wastes, including cyanides,
arsenic, cadmium, chromium, petroleum products, acids, and
other wastes. Soil, surface water, and groundwater contami-
nation, along with extensive damage to wildlife, aquatic
life, and local vegetation, were documented. U. S. drinking
water standards were violated by at least 5 constituents in
surface water entering Rock Creek one and one-half miles from
the site: arsenic, 60 ppb; cadmium, 340 ppb; Chromium,
17,200 ppb; cyanide, 365,000 ppb; and phenols, 8 ppb.
• In Haywood County, Texas, approximately 24 drums of concen-
trated dyes and other chemical liquids were illegally dumped
at a landfill. The toxic liquids were washed downstream,
poisoning three cows fatally and rendering many others ill.
• Two cattle died and three others were affected from licking
one partially filled and several empty bags of dyfonate left
in a pasture for burning. The bags and excess pesticide were
buried following the poisoning which occurred in Cedar
County, Iowa, in 1974.
• The death of a Holstein calf in 1975, in North Carolina, is
believed to have resulted from the owner's land disposal of
old pesticides, some of which contained arsenic.
• A battery manufacturing plant in Berks County, Pennsylvania,
caused stream contamination as a result of the surface dispo-
sal of old battery casings. Acid and lead-bearing leachate
originated at the disposal site and from numerous spills at
the plant, which has been in operation for twenty years.
Almost all aquatic life in the stream was destroyed by the
pollution.
• In March 1972, a considerable amount of xylene was dumped
into a drainage ditch along the Pennsylvania Turnpike. The
liquid waste flowed down the ditch, across a field, and into
a nearby stream, causing a fish kill.
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In July 1971, a fish kill involving more than 500 fish was
reported in Bear Swamp Creek in Duplin County, North
Carolina. The fish kill was confined to a small area, where
broken tobacco spray jugs, dumped trash, fertilizer contain-
ers, and household trash were found. Upon water analysis,
endosulfan, an odorless crystalline insecticidal agent con-
tained in the tobacco spray, was found in concentrations much
greater than what are considered to be toxic levels. The
insecticide, along with the relatively low dissolved-oxygen
content of the water, was probably the immediate cause of
fish mortality.
Sludge wastes from a chain and cable company were included in
the industrial wastes disposed at a Pennsylvania landfill
until 1975, when the State halted the disposal due to the
high zinc and copper content of the sludge. The sludge is
believed to have caused fish kills in the creek in the past.
In 1967, in Pennington County, South Dakota, acids and other
chemicals were discharged as waste from mineral refining
plants. As a result, an aquifer recharge zone was contami-
nated and aquatic life in an adjacent stream was killed.
In 1954 in Adams County, Colorado, infiltration of industrial
wastes from earthen disposal reservoirs occurred on arsenal
grounds into the aquifer. A highly saline groundwater body
(about 10,600 mg/1 dissolved solids, 5,700 rag/1 chloride)
formed beneath pits. Severe crop damage resulted when con-
taminated groundwater was used for irrigation. Effects were
similar-to those of 2, 4 dichloro phenoxy-acetic acid, a
plant toxicant. Area of contamination includes about five
square miles of the South Platte River valley immediately
northwest of the arsenal property.
During compacting operations at a Delaware County,
Pennsylvania, landfill, an explosion occurred that destroyed
a bulldozer and caused a fire that burned for several days.
Groundwater contamination resulted from firefighting activi-
ties, causing a fish kill in Crum Creek in 1972.
Hundreds of empty 55-gallon containers and dozens of 50-pound
bags of DDT, sevin, malathion, and parathion were left behind
when a pesticide formulator went bankrupt. On a loading
platform to the rear of the warehouse was a palette with
about 50 boxes stacked on it, each containing 12 one-pint
bottles of concentrated parathion. Many of the bottles were
broken and many had the tops rusted through. In the immediate
vicinity were two dead rattlesnakes and numerous dead birds.
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Migration of gases from a landfill containing household and
industrial wastes, along with sewage sludge, resulted in the
deaths of over 70 peach trees in Glassboro, New Jersey,
between 1971 and 1975. Combustible gases and carbon monoxide
were found, along with low oxygen concentrations, in the root
zones of the trees up to 24 meters (80 feet) from the land-
fill.
In 1972, discharge of an unidentified acidic and hazardous
chemical from a factory designed to recover silver from pho-
tographic material was reported in burned vegetation along
the path of the discharge.
Open dumping of oil, paint, and water wastes at a. poorly
operated lagoon in Herrin, Illinois, killed an extensive
amount of vegetation by runoff into smokeholes.
In Louisiana, hexachlorobenzene (HCB), a toxic industrial by-
product, was dumped in a rural landfill where it sublimated.
Cattle absorbed HCB in their tissues and 20,000 animals were
quarantined by the State Department of Agriculture.
Death of vegetation in the vicinity of landfill sites has
been attributed to anaerobic biodegradation of organic wastes
resulting in high soil levels of methane and carbon dioxide
that are directly toxic to roots or that remove oxygen from
the root zone. About 30 percent of 471 landfill sites sur-
veyed exhibited vegetative growth problems that may be
attributable to this cause.
While burying drums containing an unknown waste, a bulldozer
operator at a Michigan landfill experienced dizziness and eye
irritation, and soon left his bulldozer. Upon returning, he
found the machine in flames. Evidently, some of the drums
contained volatile flammable substances that ignited while
he was gone.
In early 1974, approximately 1,000 gallons of petroleum-based
cleaning fluids were poured into a landfill in Haywood
County, North Carolina. The disposed fluids overflowed the
top of a dike and entered a tributary of Hominy Creek. Three
cattle that drank from the contaminated stream were fatally
poisoned. The source of the fluids was a textile dying com-
pany. The town of Catton compensated the cattle owner for
his losses, and the stream waters were decontaminated.
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A chemical company in Providence, Maryland, dumped chemical
solvent wastes at a quarry between 1960 and 1974, often leav-
ing the chemicals open in an evaporating pool before covering
them up. Among the solvents dumped were benzene, which is
known to damage blood-forming organs and to cause leukemia;
carbon tetrachloride; acetone; ketones; methylene chloride;
and others, many of which were found in abnormal amounts in
the air in the area. Most solvents handled by the company can
cause damage to the liver, kidneys, pancreas, and the central
nervous system, and most are deadly in high concentrations.
Residents in the quarry area, as well as some company
employees, chronically complained of the classic symptoms of
chemical fume exposure: headache, nausea and vomiting,
chronic fatigue, weight loss, memory loss, etc. One doctor
found that seven out of eight residents he had examined had
abnormalities of the liver and/or pancreatic functions.
Carbon tetrachloride was found in employees' blood. Carbon
tetrachloride is highly toxic to the liver and kidneys and is
normally not found in the blood. Cancer deaths from lymphoma
malignancies occurred among company employees in the quarry
area —44 times higher than the national incidence. The
death rate was 2.2 times greater than the rest of the county;
and the death rate due to cancer was seven times greater than
that for the county. The victims usually lived just meters
away from the chemical plant.
The company was ordered to cease dumping at the quarry
in 1974, and by 1975, had removed most of the wastes from the
quarry to be dumped at a landfill in New Jersey.
Mason and Issa Creeks in King County, Washington, have been
severely degraded by leachate from a dump which accepted for
three years industrial and hospital wastes in addition to
municipal refuse. The creeks have developed high concentra-
tions of iron and zinc and have fostered the growth of a
slime mold which has been killing salmon eggs and fry at the
Issaquah State Fish Hatchery, with estimated losses of
$280,000 since 1973.
During a five day period in 1968, more than 500,000 fish were
killed in the Watauga arm of the Boone Reservoir in North
Carolina. During an investigation, many 55-gallon steel
drums were noted floating loose in the reservoir and stranded
along the shorelines. Several contained one or more gallons
of toxic chemicals, including phenylmercuric acetate and tri-
chlorophenol. Further studies confirmed that the contents of
the drums, which were produced by a chemical and petroleum
company and emptied for flotation, were responsible for the
kills.
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In 1970, an applicator rinsed and cleaned a truck rig after
dumping unused Endrin into the Cuivre River at Moscoe Mills,
Missouri. This resulted in the killing of an estimated
100,000 fish in the river, closing it to fishing for one
year.
In 1970, neutralized spent pickling liquors dumped in an
abandoned strip mine by a waste disposal firm leached into
the surrounding soil and eventually into streams in Monroe
County, Ohio. Fish were killed as a result in nearby
Wilson's Pond. In 1971, Wilson's Pond overflowed into Little
Beaver Creek, causing a major kill of some 77,000 fish. The
disposal firm was ordered to construct facilities to contain
and treat wastes which were being discharged into a nearby
stream. Extensive pollution of groundwater persists, how-
ever, and is a threat to the water supply of several homes
and a school.
An estimated 12,600 fish were killed in Rockfish Creek and
the Northeast Cape Fear River when a North Carolina company
disposed leftover endrin from a previous pesticide busi-
ness down a storm sewer into a holding ditch. The company
became aware of the fish kill, and agreed to compensate
financially for the fish lost and the cost of investigating.
Occasional mismanagement of spray irrigation fields in Wil-
son, North Carolina, has caused pollution and subsequent fish
kills within Contentnea Creek and Harmony Swamp. On at least
two occasions, runoff of the company's caustic wastes from
the spray irrigating fields has killed several thousand fish.
In 1971, in Knoxville, Tennessee, leachate from an active
landfill site located in a large sinkhole threatened aquatic
life and recreational use of a small lake in a residential
area.
Beech Creek near Waynesboro, Tennessee, has been severely
degraded for at least 10 miles downstream from the city dump.
Between 1970 and 1972, the dump received waste PCB's that
were off-loaded into a spring which feeds the creek. Numer-
ous fish and local wildlife which watered in the stream have
been killed, and all beneficial uses of the stream (watering
stock, fishing, drinking water supply, and recreation) have
been lost.
PCB wastes deposited at a city dump in Tennessee were pushed
into a tributary of Bear Creek and resulted in mortality of
J-28
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fish, shellfish and mammals. Ten miles of stream were
impacted.
In June 1971, an entire fish population was destroyed
after one and one-half pounds of endrin solution mixed with
strychnine-treated corn, in a plastic container, was thrown
into Shawnee Lake in Ohio. Endrin concentration in the lake
was about 9 ppb after the incident; endrin is poisonous to
fish at concentrations as low as 0.2 ppb. The only surviving
aquatic vertebrates were tadpoles, which appeared to be unaf-
fected by the pesticides. The endrin was completely removed
from the lake water by filtering through a column of
activated charcoal.
Average PCB levels in upper Mississippi River fish species
ranged from 0.04 to 3.97 ppm, with the highest levels occur-
ring in fish having high fat content (e.g., bass, carp,
channel catfish). Large numbers of young ranch mink were
killed due to consumption of contaminated carp. Likely
sources of PCB to consumption of contamination included
industrial waste and leachate from sanitary landfills.
Numerous leaks, spills, and dumps of nitrogenous materials by
a company in Cattaraugus County, New York, have caused con-
tamination of the aquifer under and adjacent to the plant.
At least two massive fish kills have taken place in the
Allegheny River that can be attributed to the nitrogenous
compound pumped as cooling water from an aquifer to Two Mile
Creek, flowing to the Allegheny River. Wells drilled there
in 1970 contained 70-90 ppm nitrates. At least 20 domestic
wells had nitrate levels treater than 100 ppm and were
suitable for drinking.
In April 1975, an employee in York County, Pennsylvania,
siphoned water from a company's settling pond into a storm
drain emptying into Fishing Creek. The acidity of the
drained wastes caused a fish kill in the creek. The waste
and sludge in the ponds were spent pickle liquors which had
allegedly been neutralized. The sludge is to be hauled to a
landfill and the lagoons are to be lined.
Since 1939, electroplating industries in Bronson, Michigan,
have experienced difficulty in disposing electroplating
wastes. Originally, the wastes were discharged into the
city's sewer systems that emptied into a creek. Con-
tamination of this water resulted in the death of fish and
cattle below Bronson from cyanide poisoning. All the plating
wastes of the company were subsequently discharged to ponds.
J-29
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In 1942, it was found that the dikes around the ponds were
unsafe, and the sewer system had again become contaminated by
chromates. The chromium probably resulted from the leakage
of water from the ponds both above and below ground, or
from the use of the sewer system for waste disposal. Subse-
quent cases of surface water contamination were reported.
• Uncontrolled release of ammonia-containing waste and some
metals by a manufacturer in Middleport, New York, resulted in
a massive fish kill at a time of low flow in Jeddo Creek.
• In 1970, in LaVerne, Rutherford County, Tennessee, fluoride-
rich leachate from fertilizer-tailings piles had allegedly
infiltrated the water table and migrated through bedrock
openings to points of discharge in Hurricane Creek. Fish
kills have occurred in Hurricane Creek as a result of high
concentrations of fluoride believed to be entering the stream
as groundwater inflow.
• Residents near Joliet, Illinois, complained of a red dis-
charge into Des Plaines River in February, 1974. Extremely
high BOD, COD, iron, manganese, and other heavy metals levels
were found. The source of the pollution was a chemical com-
pany which dumped power and crystalline chemicals into 30-
gallon rust-away drums and disposed them in lagoons. Two
acres of vegetation were destroyed.
• Leachate from an abandoned landfill receiving industrial
wastes killed all forms of life in a two mile stretch of the
Little Manitowac River in Wisconsin.
• A chemical company disposed of unidentified solid chemical
• -wastes in a landfill on their property for a number of years
in Will County, Illinois. In February 1974, area residents
complained of a reddish discharge into the Des Plaines River
from a tributary stream which drained off the company proper-
ty. Monitoring tests on the runoff from the site taken at
the stream showed iron, 2,600 ppm; manganese, 1,360 ppm, nic-
kel, 2.4 ppm, and sulfates, 2,200 ppm. The runoff destroyed
several acres of vegetation downslope from the disposal site.
• Runoff from quenching a fire at a landfill in Murfreesboro,
Tennessee, caused turbidity and mild contamination of wells
in the area. Zinc and chromium electroplating waste sludge,
as well as industrial phenols, were disposed at the site,
along with demolition waste and municipal refuse. Conse-
quently, the site was closed by the city, and the municipal
water line was extended into the affected area.
J-30
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Extensive sediment pollution of a Wayne County, Tennessee,
creek resulted from leachate of industrial wastes disposed at
a local dump. The dump was used for a number of years to
dispose of wastes consisting of polychlorinated biphenyls,
tri-chloroethylene, and cutting oils. Measurable amounts of
polychlorinated biphenyls were also found in several wells in
the area.
Between 1962 and 1972 in Lawrenceburg, Tennessee, an industry
dumped up to 5,000 gallons of untreated metal plating waste
daily into trenches near the city dump. Significant concen-
trations of hexavalent chromium and traces of cyanide were
measured in an adjacent stream used by several local resi-
dents as a drinking water supply.
For several years, a Tennessee chemical company buried highly
toxic pesticide wastes at a dump in shallow unlined trenches,
at the rate of about one hundred steel drums per week. The
containerized chlorinated hydrocarbon wastes gradually
escaped into the subsurface environment, contaminating not
only the groundwater, but also a nearby creek.
A landfill in Hamblen County, Tennessee accepting municipal
refuse and pesticide wastes was closed in 1975 after leachate
from the landfill polluted wells and springs in the area.
In 1958 in Marathon County, Wisconsin, papermill waste dis-
posed in infiltration ponds entered the aquifer and gravi-
tated to the bedrock valley. The slow down-valley movement
of sulfite liquor threatened the water supply of several
industries and a city.
.Over a 50 year period, waste chemicals such as phenols, tet-
raethyl lead, radioactive wastes, and explosives were dis-
posed in unlined lagoons, landfills, and ditches in Salem
County, New Jersey. Groundwater and some private wells
around a 40 acre site were contaminated.
The Coast Guard has detected oil and chemical pollution in
New Jersey Coastal waters near Newark. Leachate from a
landfill in Newark as well as another landfill has been
blamed for the contamination.' Dumping has occurred at the
landfill site since 1967. A large-scale oil cleanup con-
ducted by the Coast Guard recovered approximately 500,000
gallons of oil.
Approximately 60,000 gallons of chemical liquid wastes were
dump on the ground at a landfill in Middletown Township,
J-31
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New Jersey, in April 1973. The spillage resulted in the
contamination of Diaz Creek by many chemical wastes, includ-
ing solvents and hydrocarbons. A lake was fouled for about
one and one-half miles from the dump site as was drinking
water in the adjacent area.
• Leachate from a dump in Elkhart, Indiana, was suspected of
contaminating at least six nearby domestic wells with pharma-
ceutical and possibly electroplating and other industrial
wastes. Pollution was first detected in April, 1973, when
the homeowners complained of their water becoming "foul."
Subsequent testing confirmed that the water was unfit for
drinking due to high chemical oxygen demand, sulfates 350
ppm, and chromium 6.0 ppm. A shallow groundwater aquifer was
contaminated in the immediate vicinity of the dump. However,
the source of pollution was never legally determined.
• Groundwater contamination from gasoline in Texas County,
Texas, was the result of leakage, spillage, and discharge of
automotive fuels onto the land surface.
• Following heavy rains in January 1969, 37 fifty-five gallon
drums, some leaking, containing a mixture of phosphoryl
chloride, phosphorous oxychloride, and thinonyl chloride were
found along the San Gorgonio River channel. Seventy five of
the drums had been buried in a dump upstream four years
earlier. The chemicals in the drums unearthed by the flood
were highly toxic liquids used in the manufacture of Parathi-
on, an organophosphate pesticide. Further investigation dis-
closed that the chemical company generating the wastes had
contracted a commercial waste disposal firm in 1965 to dump
the material into the Pacific Ocean. No known poisonings
resulted from the incident following the flood.
• Since 1972, sludge from two wastewater treatment plants has
been accepted at an open land disposal site that had been in
operation for 15 years by the city of Saco, Maine. Sludge
from one of the treatment plants contains 90 percent by
volume tannery wastes. Since 1973, large quantities of
sludge from the primary wastewater facility at the tannery
have been sent to the dump. A complaint by adjacent property
owners in 1974 prompted testing. Tests showed contamination
of groundwater supply by high levels of iron (44-2000 mg/1)
and manganese (4-230 mg/1), as well as traces of chromium.
The surface water of the adjacent property has been contam-
inated to an unknown extent.
J-32
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• Deteriorating chemical drums buried in Berkeley, New Jersey,
that were considered potentially explosive by the state could
cause relocation of a major sewer interceptor line. Wastes
have leached into groundwater from 825 drums of waste sodium
and from 15,000 drums of organic waste material from a
cosmetic firm.
• In Washington County, Pennsylvania, leachate from a landfill
has entered the groundwater and has contaminated a farmer's
well and spring a half mile away. The landfill accepts
sludges containing heavy metals and poorly neutralized pickle
liquor from steel mills.
• An aircraft plant, operating in South Farmingdale on Long
Island during World War II, generated large quantities of
electroplating wastes containing chromium, cadmium, and other
metals. It has been estimated that 200,000 to 300,000 gal-
lons per day of these wastes were discharged into unlined
disposal basins throughout the 1940's. A treatment unit for
chromium was built in 1949, but discharge of cadmium and
other metals continued. The local groundwater flows in
three unconsolidated aquifers resting on crystalline bed-
rock. The uppermost aquifer consists of beds and lenses of
fine-to-coarse sand and gravel and extends to within 15 feet
of the land surface. Groundwater contamination by chromium
was first noted in 1942 by the Nassau County Department of
Health. Extensive studies in 1962 indicated that a huge
plume of contaminated groundwater had been formed, measuring
up to 4300 feet long, 1000 feet wide, and extending from the
surface of the water table to depths of 50-70 feet below the
land surface. Maximum concentrations of both hexavalent
chromium and cadmium were abo\it 10 mg/1 in 1962. (Hexavalent
chromium had been measured as high as'40 mg/I in 1949.) This
huge contaminated plume cannot be removed or detoxified with-
out massive efforts and will take many more years of natural
attentuation and dilution before it becomes usable again.
Meanwhile, it is still slowly moving, threatening a nearby
creek and other wells in the area.
• Public drinking water of Falls City, Texas, was threatened
when toxic wastes were disposed in a caliche pit upstream
from the city's water supply by a chemical company. The
chemical wastes included styrene tantalum vinyl chlorides
which federal sources have found to be linked with a rare
form of liver cancer. The pit is littered with large drums
whose contents have produced a scum coat on the pond in the
bottom of the pit.
J-33
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Industrial wastes disposed in a landfill in Lehigh County,
Pennsylvania, contaminated a well of the West Ormrod Water
Association with excessive phenols, including ethyl acetate
and trichloroethylene. The landfill is within an abandoned
ore pit and has been receiving trash and industrial wastes
since 1967. Although liquid waste disposal there ceased in
1970, contamination continues to render the water supply to
numerous homes unusable.
As early as 1968, a firm in Houston, Texas, was made aware
that its practice of discharging such hazardous wastes as
cyanide, phenols, sulfides, and ammonia into the Houston Ship
Channel was creating severe environmental debilitation. The
toxic wastes in question were derived from the cleaning of
bast furnace gas from coke plants. According to expert
testimony, levels as low as 0.05 mg/1 of cyanide effluent are
lethal to shrimp and small fish. The court ordered the firm
to cease discharging these wastes into the ship channel.
Arsenic wastes from pharmaceutical manufacturing were dis-
charged into sludge lagoons in Pennsylvania prior to 1966,
contaminating the groundwater, and in turn, Tulpehocken
Creek upstream of an intake for Philadelphia's water supply.
Despite persistent pumping of the groundwater in an attempt
to flush the arsenic out of the aquifer, the creek water
still contained 0.094 ppm arsenic in 1975, exceeding the
U.S. interim primary drinking water standards of 0.05 ppm,
significantly higher than 0.01 ppm measured upstream. In ad-
dition, arsenic is seeping into the Meyers town municipal
sewer lines and entering the treatment plant, which now re-
quires upgrading in order to reduce the arsenic to acceptable
levels.
A landfill in Monroe County, Pennsylvania, that accepts
plating process wastes such as hydrocyanic acid, has created
a groundwater problem in the area.
Volatile liquid organic wastes from a chemical manufacturer
in Bridgewater, New Jersey, were discharged into subsurface
disposal beds in the mid-1960's. The wastes traveled under-
ground for a mile before surfacing to pollute a nearby stream
and then seeping into residential basements in 1967. In
1968, the disposal operation was halted and the remaining
wastes in disposal beds were hauled away.
A landfill in Egg Harbor, New Jersey, accepted large quanti-
ties of organic and inorganic industrial wastes. In 1973,
J-34
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tabulated analysis of groundwater showed lead concentrations
up to 18 ppm. The landfill was ordered not to accept any
more chemical wastes.
• In Harris County, Texas, a chemical company that produces
insecticides, herbicides, and similar products containing
arsenic, has been involved in litigation over the discharge
of its waste onto the land and adjacent waters. Charges indi-
cate that the manufacturer was discharging waste containing
excessive arsenic into Vince Bayou, which produces arsenic-
laden water drainage into public waters. The practice of
dumping waste solids containing arsenic into open pits and
ditches on company property was abandoned in 1967 in favor of
a recycling process.
• Over the past 50 years, sludge and asbestos wastes have been
dumped in an Ambler County quarry. The pH is high in the
quarry waters, and some asbestos fibers have been discovered
in the water. Some surface and groundwater contamination has
also occurred.
• Industrial and municipal wastes disposed in a landfill in
Dauphin County, Pennsylvania, have resulted in leachate
contamination of groundwater and of Spring Creek. The
industrial wastes accepted before the site closed in 1975
included paper, wood, oil waste, and other dry materials.
Water supplies from monitoring wells at the landfill revealed
excessive iron, chlorides, and sulfates.
• A landfill in Jacksonville, Florida, that receives hazardous
and chemical waste, has begun to leak oily material into a
nearby creek.
• A truck stop in Maryland was responsible for allowing diesel
fuel runoff to despoil Marley Creek. The pollution amounted
to more than 500,000 ppm of oil that had entered the creek,
as well as oil deposited in the sandy soil at the truck stop
site. The corporation owning the truck stop was fined $3,400
and was ordered to pay the cost of preventing further pollu-
tion of the creek.
• In May 1974, a flood washed between 12,000 and 15,000
drums of unknown waste chemicals into a stream. A foul odor
was emitted, but no fish kill followed the incident.
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• A disposal company undertook to dispose of some drums con-
taining unidentified toxic residues. Instead of properly
disposing of this material, the company dropped the drums at
a dump located in Riverside County, California. Later during
a heavy flood, the drums were unearthed, giving off poisonous
gases and contaminating the water.
• Waste zinc chloride, zinc sulfate, and lead generated by
industry in Middlesex County, New Jersey, are responsible for
pollution of the Old Bridge aquifer in the area. Apparently,
the wastes have been dumped in the open and are partially
swept away by rainfall into a nearby stream. One stream
bottom analyzed for the heavy metals revealed 600 ppm lead
and 3000 ppm zinc. The Perth Amboy section of the aqui-
fer and wells adjacent to surface streams in the area have
been closed, and it is feared that waters downstream may
eventually be affected by the pollution.
• A large landfill operated in New Castle County, Delaware,
between 1960 and 1968, received industrial wastes of unknown
character and origin in addition to residential and
commercial wastes. The wastes were placed in an abandoned
sand quarry underlain in part by a thin layer of sandy clay
which separated it from the unconsolidated Potomac Aquifer, a
major source of water supply for the area. The clay layer
was absent beneath part of the site and some of the clay was
excavated for cover material at the landfill. Groundwater
contamination was first noted in 1972 in a well 800 feet from
the fill. The resulting investigation uncovered a large
plume of contaminated groundwater moving towards a well field
producing 4 to 5 million gallons per day (mgd) and located
about 5000 feet from the fill. A computer pumping operation
now removes 3 mgd from the aquifer; the well field is pumping
at a reduced rate of 2 mgd and the deficit is made up by
other sources at the County's expense. Presently a dozen
wells are pumping contaminated water to create a cone of
depression near the site and 35 wells are monitored monthly.
So far, expenses have reached $800,000 for monitoring,
pumping, and replacing water supplies. It is expected that
it will cost more than $20 million if the dump must be moved,
and that it will require 10 years to restore full usage of
the aquifer.
• Approximately 60,000 gallons of chemical liquid wastes were
spilled on the ground at a landfill in Cape May County, New
Jersey, in 1973. The spillage resulted in the contamination
of Diaz Creek by numerous chemical wastes, including solvents
J-36
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and hydrocarbons. A nearby lake was fouled for about one
mile from the dump site, as was drinking water in the adja-
cent area. A successful cleanup operation was completed.
Four private wells in Camden County, New Jersey, were con-
taminated in late 1972 with phenols that had leached from
unlined disposal lagoons belonging to a local manufacturer.
By 1973, the phenol concentration in one of the wells was
16.4 ppm. The leaky disposal lagoons were lined to prevent
further leaching, and a carbon filter was installed to reduce
the persistently high phenol concentration of 0.138 in one of
the wells.
For several years, waste from a chemical plant has been
placed in a lagoon located in a very permeable sand and
gravel deposit in Tuscarawas County, Ohio. Production wells
at the chemical plant and private wells on adjacent property
are now polluted with chlorinated benzene, which is not a
health hazard to humans, but does greatly influence the taste
of the water and is a threat to aquatic wildlife. The Ohio
Environmental Protection Agency has restricted the quantity
of chlorinated benzene which may be disposed in the lagoon.
A chemical plant which utilizes two infiltration lagoons for
waste disposal contaminated a very productive aquifer in the
Hamilton County, Ohio, area. Abnormally high values of sod-
ium, potassium, nitrogen, sulfates, and phenols were found.
A few of these constituents in several of the contaminated
wells exceeded standards for drinking water.
During the 1940's industrial and public water supply wells in
Fairfield, New Jersey, were contaminated with metals origina-
ting from electroplating waste disposal lagoons belonging to
military manufacturing plants.
CBS reported that Pleasant Plains, New Jersey, suffered from
a contaminated water problem in 1971 when an industry dumped
pollutants into a landfill, causing water in nearby wells to
be contaminated by leachate. One hundred and forty-eight
wells were closed as a consequence of the dumping.
An aluminum plant in Monore County, Ohio, has grossly
contaminated the groundwater under its site with flourides,
high pH, and trace chemicals, causing discoloration of the
water. The source of contamination is leachate from a used-
tailing pond and used-potline piles. As a remedial measure,
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the firm is treating the pollution source with acid, and
interceptor wells were installed between the source of
pollution and their main production well.
Phenol contamination of groundwater in Antrim County,
Michigan, in 1963 resulted from the disposal of charcoal
wastes. Michigan Water Resources Commission estimated that
the glacial drift aquifer was contaminated in an area three
miles long and 1/2 mile wide to a depth of 200 feet.
An automobile manufacturing company under a contract with a
trucking firm that in turn has a subcontract with the owner
of a private dump in the New York City area is regularly
dumping tank truck quantities of chromium and zinc-containing
paint sludge. The dump where the sludge is disposed is in a
swampy area, resulting in contamination of the groundwater.
A hazardous waste disposal company in Utica, Michigan, re-
ceived, stored, and processed industrial wastes obtained from
liquid waste haulers. In May, 1974, oil-contaminated water
was discharged from an oil separator into a swamp that drains
into the Clinton River. Apparently the wastewater originally
came from leaking and spilled drums, which then flowed over-
land into the oil separator. In addition to oil, the waste-
water was found to contain 0.05 ppm CN, 0.06 ppm nickel, 0.43
ppm chromium, 0.6 ppm zinc, and 0.9 ppm Pb. Although the
company claimed the contaminants were due to spills by the
previous occupants of the site, the EPA branch of the
Michigan Department of Natural Resources disagreed and
ordered the company to clean up the site.
In 1975, a residents well in Hudson, New Hampshire, was pol-
luted .with a very unpleasant odor and taste; the water turn-
ing white clothes brown when washed in it with bleach. A
water analysis showed that the water had a very high iron
content as well as phenols. It was discovered that at least
100-150 fifty-five gallon drums of pheno-formaldehyde were
dumped on land 150 feet from the well. The residents drank
the polluted water for eight months before discovering that
it had a phenol content of 3 ppm.
In December 1963, a citizen complained to the Texas Water
Pollution Control Board of the disposal of acid in unlined
pits by a seed company. The water from two wells owned by
the company were affected by leachate from the sulfuric
acid, dissolved lint, cotton seed culls, and wastes disposed
into unlined surface pits. Analysis of an industrial well
owned by the company revealed a low pH and high concentra-
tions of sulfate, calcium and magnesium.
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• In Kent County, Michigan, an aquifer used for a municipal
water supply was contaminated by chromium leachate from sand
and gravel used as a landfill. The landfill had been taken
from a former dumping ground for electroplating wastes. The
fill material was removed to ameliorate the pollution
problem.
• In 1947, wells in Allegan County, Michigan, produced yellow
water which contained high levels of chromium. About three
years before any contamination appeared, a metal-plating com-
pany began discharging chrome-plating wastes into an infiltra-
tion pit and the surrounding overflow area. Discharge of
plating wastes resulted in contamination of the glacial-
drift aquifer. Health Department personnel estimated it
would be about six years before the aquifer in the vicinity
of the wells would be free of chromate. All private wells in
the village of Douglas were condemned.
• In April 1974, a private water well in Bay City, Michigan,
became contaminated by trichloroethylene (TCE). The only
nearby source of this chemical was a manufacturer which re-
placed the well with a new one. The company claimed that
although it had discharged TCE into the ground in the past,
it had not done so since 1968. Nevertheless, in May of 1975,
two more wells were reported to be contaminated with TCE (20
mg/1 and 3 mg/1 respectively). An investigation did not re-
veal conclusively that the TCE problem was the result of
previous dumping, as several empty and full barrels of
waste TCE were found on the company premises.
• A chemical manufacturer had maintained an industrial waste
dump on their property for over 10 years. This site is 1/8
mile from the Mississippi River. Wastes disposed there
include phenols, esters of phenols, and nitrobenzene de-
rivatives. Sulfuric acid and fly ash were also dumped there.
Shallow wells and industrial wells in the area between 1972
and 1974 showed from 7.5 ppm phenol to 15 ppm in 1974.
• A city in Illinois operated a landfill in a former sand and
gravel pit from 1947 to 1972 that received residential,
commercial, and industrial wastes. Leaching of chemicals
into the groundwater caused four industrial, four residen-
tial, and one public supply well to be contaminated. The
industrial wells were abandoned in 1966, the residential
wells in 1970, and the public well in 1972. Contaminants
found in levels over the USPHS standard were iron 1.8 ppm,
manganese 0.71 ppm, total dissolved solids 800 ppm, and total
dissolved minerals 525 ppm.
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Washwater discharge into an open caliche pit from a tank
truck terminal operated near Midland, Texas, was responsible
for the contamination of a private well near three holding
ponds. Significant highs in calcium, sodium and chlorine
were found in the well water in 1973. The well water also
contained abnormally high concentrations of alkyl sulfonate,
phosphate, oil and grease. According to the well owners, an
oil spill had occurred in a nearby field in the spring of
1972. The oil-saturated material was spread on the floor of
the caliche pit, which also received washwater from the tank
term operation. An odor resembling "fly-spray" occurred two
months later in the wells.
The disposal of industrial wastes in an unlined sand pit in
Crosby, Texas, resulted in the contamination of groundwater,
surface water and the atmosphere. Disposal operations at the
site began in the mid-19601s, and in 1967 a waste disposal
company purchased the pit from its previous owner. All types
of industrial wastes from the Houston area were dumped into
the pit. Leachate from the pit polluted the groundwater
causing contamination of 26 private wells in the area.
Contamination included abnormally high concentrations of
zinc, lead, manganese, iron, and cadmium. The San Jacinto
River was also polluted due to the structural inadequacy of a
sand dike. This resulted in damage to fishing and swimming
areas. Residents in the area first complained of the pits'
offensive odors in 1966, but not until 1973 was any real af-
firmative action accomplished to resolve the problem.
From 1961 to 1972, residential, community, and industrial
wastes were disposed at the city of Aurora, Illinois.
During the early months of 1966, nearby residents began com-
plaining of odor problems associated with their drinking
water. By the summer of 1966, nine wells had been pollu-
ted by leachate; seven totally unfit for any kind of use
due to excess chlorine, total solids, and biological con-
taminants. The landfill was the proven source of the pol-
lution and was sued for $54,000.
Beginning in 1940, an aircraft manufacturer in Nassau County,
New York, disposed plating wastes containing cadmium and 40
mg/1 hexavalent chromium by dumping it in liquid waste dis-
posal basins on company property. Not until June 1942, did a
routine sanitary survey of a nearby private well reveal 0.1
mg/1 of chromium. By 1948, levels of chromium as high as 3.5
mg/1 were found in wells.
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Phenolic materials from film-manufacture wastes were dumped
into a peat bog over a period of 28 years near Binghamton,
New York. This disposal contaminated a water table aquifer
and rendered an industrial well unusable.
A landfill in New York, has accepted trash and some indus-
trial wastes since 1947. Leachate has steadily entered the
shallow aquifer water supply and formed a plume two miles
long. Trace amounts of copper, arsenic, lead, zinc and
nitrogen oxide are present, while selenium occurred in some
wells in 40 ppb concentration. Zinc is consistently above 30
ppb.
A landfill in Islip, New York, has operated since 1933 and
now contains trash and industrial wastes. The bottom of the
landfill intersects the water table, so that measurable
quantities of chlorine, iron, manganese, nitrogen oxide, and
zinc are present in an extensive plume.
A picture tube manufacturer uses industrial quantities of
hydrofluoric acid. Waste acid dumped into a lagoon which
discharged into a nearby stream leached into the groundwater
and was detected in 1970 at a well owned by a railroad com-
pany. Fluoride was present in 740 ppm concentration and com-
parable levels were also present in a nearby private well.
Both wells had to be abandoned until most of the fluoride
could be treated with lime and removed.
A private well owned by two elderly people was contaminated
by 14 ppm hexavelent chromium in April 1976. The chromium
came from a flyash disposal site nearby, which also leached
chromium into nearby wells.
State inspections at a zinc products company in 1974 revealed
several incidents of environmental pollution. Within the
area of a sulfuric acid plant, surface runoff enters an
industrial waste drain in several places. The surface is
highly contaminated with accumulated residues. Samples from
a spring leaving the slag dump of the plant showed 345 ppm
zinc, 68 ppm magnesium, 3.9 ppm cobalt, 0.7 ppm iron, and
0.1 ppm lead. Surface runoff and groundwater pollution are
suspected.
During the 1940"s industrial and public water supply wells in
the vicinity of Fairfield, New Jersey, were contaminated with
metals originating from electroplating waste disposal lagoons
of military manufacturing plants.
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• In New Jersey, after an extensive federal and state investi-
gation, a landfill was cited as the source of underground
water pollution which had contaminated the drinking wells of
at least four neighboring property owners. Tests conducted
by the Environmental Protection Agency and a private labora-
tory revealed the presence of metallic, organic and inorganic
chemical contaminants including selemium, copper, zinc and
phenols in the landfill monitoring wells and other private
wells in the area.
• A municipal landfill in Juneau County, Wisconsin, accepted
battery wastes from a manufacturer. Groundwater and surface
water contamination resulted, as well as fires and explo-
sions.
• Early in 1975, a citizen called the Kalamazoo City Police
Department to report that a metal plating operation was dis-
charging wastes during rains, after dark and usually on
weekends. Police investigation revealed the presence of a
stream of dark-colored liquid discharging from the building
and flowing across the road into a sewer drain. Samples of
the fluid were taken, and the owner was called to halt the
discharge. The effluent was found to contain chromic acid
typical of plating wastes. It was determined that the fluid
discharge had gone from the sewer into the Kalamazoo River.
• A landfill of Jackson County, Wisconsin, is an abandoned
municipal landfill that accepted industrial wastes. Leachate
contaminated the groundwater, affecting four private wells.
• A food company plant in Rockford, Illinois has four wells on
its property serving as sole water source prior to 1966. In
1965 they experienced a degradation in the taste and odor of
the water and a drop in the capacity of their wells. Well
samples showed a high concentration of total dissolved solids
and relatively high iron, plus coliform bacteria in two
wells. An adjacent industrial landfill was suspected to be
the cause.
• In 1966, an employee cleaning up around a state highway de-
partment garage dumped 30 gallons of excess toxaphene, a very
toxic pesticide, into the parking lot drain. The drain en-
tered a ditch which led to a public water supply reservoir
serving Effingham, Illinois. Quick action by authorities
prevented contamination of the water supply: all of the con-
taminated gravel and soil in the parking lot drain and drain-
age ditch was removed, and extra carbon was used in water
treatment. The maximum levels of toxaphene detected in the
reservoir was 10 ppb.
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A landfill in Allegheny County, Pennsylvania, accepted heavy
metal industrial sludges in addition to municipal wastes and
up to 15,000 gallons/day of steel mill wastewaters. An es-
timated 50,000 gallons/day of leachate contaminated the local
groundwater and surface water. This resulted in the land-
fill's temporary closure in 1973 after a lengthy court
battle.
Leachate contamination of a creek passing through the site of
a former landfill in Chester County, Pennsylvania, was
noticed in 1949 by a pharmaceutical company established on
the property after the landfill closed. At that time, there
were high levels of carbon oxygen demand and biological
oxygen demand coupled with a low pH in the streams flowing
through the property. In 1967, further testing of creek
waters revealed 530 ppm methyl cyanide, 750 ppm methylene
chloride, 550 ppm acetone, and 230 ppm ethanol. Some of the
recent pollution is the result of spraying chemical effluent
on the property, which was practiced for several years by the
pharmaceutical company.
In 1971 in Columbia, Tennessee, leached phenolic material
from an old dump in which pitch from the manufacture of
carbon electrodes had been discarded 30 years ago, has
apparently migrated through the subsurface and recently
emerged in Duck River. Phenolic material appeared in the
Duck River as a groundwater inflow. Borings were used to
learn the extent of the plume and pinpoint the source.
One morning in July of 1972, a health officer in Westchester
County, New York, received a phone call from a police ser-
geant reporting that one of his patrolmen had observed an
employee of a local company emptying a truck tank into a
catch basin near Mamoroneck Village. The employee informed
the policeman that he was emptying a tank of pesticide called
Aldrite because his truck tank had clogged. Approximately 50
gallons of this material was dumped into the catch basin,
which is a street sewer built into a curb. This catch basin
sewer empties into the Guion Creek, flows into Mamoroneck
Harbor, and finally flows into Long Island Sound. The pesti-
cide, most of which remained on the bottom of the catch
basin, was pumped out and removed from the area.
In 1967 in Hardeman County, Tennessee, highly toxic liquid
and solid wastes from the manufacture of pesticides were
placed in used steel drums and buried in shallow unlined
trenches. Ruptures in the containers and lack of lids has
permitted the wastes to escape to the subsurface environment.
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Highly toxic chlorinated hydrocarbon compounds were detected
in core samples from beneath the trench. Contaminants
threaten the local groundwater beneath approximately 300
acres.
An underground water suppl/ in Ocean County, New Jersey, was
seriously polluted in 1974 when several barrels containing
potent chemicals leaked their contents into the ground at a
landfill.
In March 1971, leaky fittings or casings on an injection well
used by an oil company for the disposal of processing wastes
allowed phenolic compounds to enter Fox Creek, which served
as the water supply for a nearby town. Surface soil in an
adjacent basin being prepared for a new reservoir was also
contaminated. Though the levels of phenol were within ac-
ceptable limits, the water was unpalatable for a period of
time.
A landfill accepting miscellaneous wastes in Gloucester Coun-
ty, New Jersey, is suspected as the source of chemical leach-
ate responsible for a fish kill in a nearby lake. The leach-
ate, which still bleeds into streams in the area, is further
contaminated by chemical wastes from a manufacturing plant.
Abatement of the resulting groundwater pollution is esti-
mated to cost two to three million dollars.
In 1971, a chemical company contracted with a trucker to haul
approximately 6,000 drums of petrochemical wastes to a
landfill. Instead, most of these wastes were transported to
an abandoned chicken farm in Dover, New Jersey, where they
were stockpiled and subsequently dumped. Within two years,
nearly 200 private wells were condemned when petrochemical
contamination of an aquifer was discovered.
During World War II in Lansing, Michigan, picric acid was
discharged into a pit at a chemical plant. The acid
infiltrated through 70 feet of glacial drift before en-
tering an aquifer. Contamination extended laterally for
the length of a city block.
Foundry wastes and wastes from a cork company are leaching
heavy metals into groundwater and into the Susquehanna River
in Lancaster County, Pennsylvania.
Leachate from a landfill in Lancaster County, Pennsylvania,
contaminated two private wells in 1960 and a spring-fed run
in 1971. The landfill received 55-gallon drums containing
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beryllium and nickel compounds over a period of. several
years. The state requested that the landfill cease to accept
hazardous wastes and that it be lined.
In the Gales Ferry areas of Connecticut in 1961, a noxious
odor in water drawn from several of 15 new residential wells
prompted an investigation by the State Water Resources Com-
mission. The principle odorous contaminant was styrene, an
aromatic hydrocarbon. Because of the intense heat it gene-
rates during combustion, waste styrene had been used to burn
brush in clearing land for the housing development. At least
two leftover drums partially filled with styrene had repor-
tedly been buried beneath 1-4 feet of fill at two separate
places at Gales Ferry. In 1961 and 1962, all known contami-
nated material was removed from the ground, and filters of
activated charcoal were placed in the new wells. By the end
of 1964, no styrene was detected in any of the wells previ-
ously affected.
Fifty-five-gallon drums of chromic acid from plating oper-
ations were dumped into a landfill in Windsor, Connecticut.
Stream pollution occurred via a pipe under the landfill. The
Connecticut Water Compliance Board ordered an immediate halt
to the dumping in 1965 when it became aware of the disposal
practices.
Groundwater contamination in the Meridan, Connecticut, area
has been documented since 1974, when a resident complained of
his well water containing hydrocarbons. The contamination
was traced to dumping and spillage of gasoline into floor
drains connected to dry wells at a nearby gasoline station.
From the mid-1950's until 1966, spent industrial solvents 'and
acids were disposed in an on-land disposal pit at a site in
Woodbury Township. In May of 1966, a private well near the
disposal site was found to be contaminated with one of the
industrial solvents being discharged into the disposal pit.
It had taken 10 years for the pollution of the groundwater
system to be discovered. It was a costly and difficult mat-
ter to pump out the aquifer and dispose of the contaminated
groundwater.
In 1966, it was reported that a domestic well in Woodbury,
Minnesota, had developed a "severe" taste and odor. Ex-
tensive laboratory investigations determined that the cause
of the taste and odor was due to a small concentration of
isopropxl ether from an industrial disposal site. Barrier
wells were constructed to limit the contamination to within a
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small area, keeping the residential well clean by reversing
the natural groundwater gradient in the vicinity of the scrap
disposal pits.
In 1970, approximately 250 dump sites in Minnesota had water
pollution problems. Many of those were contaminated
groundwater either through actual disposal in the water table
or from contaminants leaching from the fill into the water
table. A typical operation had been excavated to a depth
many feet below the water table. When the quarry operation
ceased, it was decided to fill the site with solid waste.
For many years, all types of refuse were deposited in the
quarry.
In 1966 in Minneapolis-St. Paul, Minnesota, an industrial
solvent (isopropyl ether) disposed in pits from mid-1950's
to 1966 contaminated a private well near the disposal site
An aquifer in the vicinity of the pits was contaminated.
After several residents of New Brunswick, New Jersey, com-
plained of their water tasting like kerosene, the city tested
the water and detected traces of a deteriorated asphalt com-
pounds in it. The taste was actually caused by asphalt
particles that had apparently been chemically broken down
after a gasoline spill in a parking lot, and then hosed off
the parking lot to drain into the water supply.
Pesticides were disposed on the ground approximately thirty
feet from a well in Polk, Arkansas in 1974. Water sampled
from the well contained 0.07 ppb lindane and 5.7 ppb tox-
aphene. The water was allowed to run and became usable again
after a month.
In 1969, seven waste oil pits were abandoned in Whitehouse,
Florida, which had been used as a disposal site for acid
sludge and clay wastes from a petroleum re-refiner. During
minor repair work in 1976, the levee on one of the major oil
pits collapsed, sending 50,000 gallons of waste oil materials
high in polychlorinated biphenyls into McGirts Creek. The
spilled material was pumped from the creek and disposed at
an old titanium mine pit being filled with sewage, septic,
and other industrial sludges.
Approximately 20,000 to 30,000 gallons of highly alkaline
liquid were included in glass manufacturing wastes disposed
of in Mercer County, Pennsylvania. The company disposed of
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the wastes in a three-acre swamp adjacent to McCutcheon Run.
Caustic soda, soda ash, and other alkaline material were
dumped there over a two year period. In May 1975, the owner
of the property drained the swamp which caused a five mile
fish kill in McCutcheon Run. The pH was tested at 10.6.
At an industrial and municipal landfill in York County,
Pennsylvania, leaching of chemical sludge polluted streams
and groundwater in the area.
In 1969, wells were contaminated in Bucks County,
Pennsylvania, by leachate from a quarry that accepted a
variety of wastes from plastics and pharmaceutical companies.
Monitoring of wells in the area in 1975 revealed 0.99 ppm
manganese, 84 ppm ammonia, 686 ppm chloride, and 0.1 ppm
phenols in the water. The site was prohibited from receiving
chemical wastes in 1971.
Leachate from a strip mine pit in which acid-laden sludge was
dumped, was to blame for the contamination of several wells
and the destruction of aquatic life in a local residents'
lake in Lawrence County, Pennsylvania. The sludge, composed
primarily of spent pickle liquors, originated from a company
in the area.
Surface discharge of lagoonal waste from an aluminum company
in Wellsville, Pennsylvania, caused pollution of Doe Run,
which eventually flows into the Susquehanna River. Com-
plaints of high aluminum concentrations began in August 1965.
Wells and quarry water in Chester County, Pennsylvania, were
contaminated by high concentrations of lithium, in some cases
exceeding 15 mg/1. A pharmaceutical company that had il-
legally dumped lithium-containing wastes into an old
abandoned quarry proved to be the source of the wastes.
Leachate from an impoundment of spent pickle liquor in
Westmoreland County, Pennsylvania, caused stream con-
tamination. As a result of legal proceedings, the leaky
lagoons no longer accept wastes, and new lined lagoons were
constructed.
Impoundment leakage and leachate from seepage beds and
spraying fields of a gas supply company in Clinton County,
Pennsylvania, has contaminated groundwater in the disposal
area. Investigation revealed a high concentration of iron,
manganese, and chlorine in the groundwater resulting from the
leachate. The contamination resulted in the abandonment of
company wells.
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• Groundwater and a stream near a chemical company located in
Lycoming County, Pennsylvania have been polluted by an
overflow and leachate from the company's waste impoundments.
Since the lagoon flooding in 1972, the lagoons have been
lined and are used as settling basins prior to discharge to
the city sewer system.
• Spring and creek waters were contaminated by impoundment
leakage at a canning company in Centre County, Pennsylvania.
The spray irrigation of waste caustic solution used for
peeling potatoes and containing sodium hydroxide resulted in
a chemical reaction of sodium with the clay minerals in the
soil. This reaction decreased soil permeability, allowing a
polluting runoff which has contaminated several creeks and
springs.
• Seven private wells were contaminated by leakage of 55-gallon
drums containing paint solvents dumped at a landfill in
Kutztown, Pennsylvania.
• Groundwater contamination has resulted from the disposal of
fly ash in a limestone quarry located in Franklin County,
Pennsylvania. The fly ash originated from a company which
collects wastes generated by a firm in Maryland. Analysis of
groundwater in the vicinity of the quarry revealed high
concentrations of iron, zinc and sulfates, and a low pH.
• Leachate from a landfill in Butler County, Pennsylvania,
contaminated a spring about 1/4 mile away that was used as a
residential water supply. Among the wastes accepted by the
landfill were test paints, thinners, and solvents. Because
of the contamination, court action halted hazardous waste
dumping for a brief period of time.
• Groundwater flowing through an impoundment of a company in
Clinton County, Pennsylvania, caused the contamination of an
unnamed tributary of Bald Eagle Creek and about 20 area
wells. The polluted waters contained a high carbon oxygen
demand, a high biological oxygen demand, ammonia, nitrogen,
and oil wastes. A 5,000-gallon glass tank has been
constructed to serve as a holding reservoir to replace the
waste pond.
• Seepage from a sludge pond of an oil refinery in Warren
County, Pennsylvania, caused a massive fish kill in the Al-
legheny River in September 1972. The oil refinery began
using the pond as a sludge lagoon in the 1920's. In the
1950's it changed hands, and sawdust and residential wastes
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were dumped there. Heavy rains in September of 1972 caused
an earthen dike in the lagoon to leak, spilling wastes into
the Allegheny River and killing 453,600 fish up to 60 miles
downstream. PH of the discharge was 1.7; iron 507.3 ppm,
sulfate 56.5 ppm, chemical oxygen demand 116,112 ppm.
Lagoon samples taken in March 1974 revealed a pH of 2.7,
sulfate 572 ppm, chemical oxygen demand 1530 ppm, and iron
79.6 ppm.
• In 1965, in Centre County, Pennsylvania, phenolic materials
and solvents from chemical companies process wastes were re-
leased to a disposal lagoon and then sprayed on the land sur-
face. A contaminated zone 4,000 feet long and 300 feet wide
was formed within the shallow carbonate-rock aquifer. The
zone of contamination included only one spring and no wells.
• In 1968 in Kalispell, Montana, plywood glue wastes were
dumped into a pit dug below the water table and phenolic
compounds were added to the groundwater. A medicinal taste
and brown tinge was reported by several well owners. Dilu-
tion by Flathead River helped to keep the problem from being
more widespread.
• In 1969 industrial waste from a Kansas City landfill leached
into a fresh water aquifer and then into a stream. Organic
compounds and phenolics in the leachate entered the Kansas
City, Missouri, waterworks intake. Subsequent chlorination
produced a highly obnoxious medicinal taste and odor.
• In 1968 in Cattanaugus County, New York, chromium leached
from plating wastes that were discarded in solid form on the
land surface. Chromium contamination (2.5 mg/1) was found in
one industrial well 450 feet from the waste pile.
• In 1972 in Middlesex County, New Jersey, industrial wastes
from a disposal lagoon have migrated downward to the water
table. The well supply for a large population in Perth Amboy
has been condemned due to contamination by excessive con-
centrations of iron, zinc and chloride.
• In 1971 in Warren County, New Jersey, ammonia and mercury-
laden wastes that have been spilled or leaked from a chemical
manufacturing plant have infiltrated to the water table.
Three industrial supply wells with a combined production rate
of 3,000 gpm are affected.
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• From 1969 to 1970 in Palm Beach, Florida, acidic, high tem-
perature industrial waste injected into the lower saline part
of an aquifer moved upward into the overlying upper strata
which contained brackish water (1,000 mg/1 of chloride).
This caused localized contamination of the artesian brackish
water bearing upper Floridan aquifer. Increases in concen-
tration of organic carbon, chemical oxygen demand, methane,
carbon dioxide, and hydrogen sulfide have been observed.
• In 1961 in San Joaquin Valley, California, salt and lye
solutions were discharged to the land surface by the olive-
processing industry. Analyses of chloride concentration in
the wastewaters from several processing plants ranged from
100 to 68,600 mg/1. Analyses indicated the chloride con-
centration of water from wells near the disposal areas
increased about 150 mg/1 over a 10 year period.
• In 1956 in Riverside County, California, chrome plating
wastes were discharged on the ground and into a cesspool.
Samples from four wells contained concentrations of
hexavalent chromium of as much as 3 mg/1 and 18 others
contained trace amounts. By 1959 the content in the four
wells had decreased but was still above allowable limits.
• In 1960, in Suffolk County, Long Island, New York, leachage
from a sanitary landfill which receives both solid and liquid
wastes degraded the groundwater in the shallowest aquifer. A
detailed study is being made of the type, concentration, and
mobility of various chemical contaminants that are being
leached from the active landfill. Thus far, the following
contaminants have been detected, some in concentrations that
exceed drinking water standards: arsenic, copper, lead,
selenium and zinc. Other contaminants are manganese, iron
and mercury.
• In the 1940"s in Allegan County, Michigan, chrome-plating
wastes were discharged into an infiltration pit for about
three years. A glacial-drift aquifer was contaminated for at
least 1,000 feet in one direction from the pit and to a depth
of at least 37 feet. All private wells in the village were
condemned because there was no practical way to test the
water quality in each one. Water from wells supplying the
village had a chromate content of 10.8 mg/1.
• In 1971, in New Castle County, New Castle, Delaware, leachate
from an abandoned industrial and municipal dump containing
high iron, manganese, hardness, and chemical oxygen demand
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has seeped into the subsurface and migrated downward to the
water table. The water is unfit for drinking in two known
domestic wells. The situation poses a possible threat to a
five mgd public water supply.
In 1971, in Sandoval County, New Mexico, seepage of waste dis-
posal effluent occurred from a storage battery plant to
freshwater aquifers. Unacceptable levels of arsenic (1.04
mg/1) were observed in groundwater taken from domestic wells.
In 1971, in New Castle County, Delaware, leachate from a city
landfill containing arsenic, surfactants, cyanides, high
iron, lead, and manganese, has entered the shallow watertable
aquifer. Contaminants have moved one-third of the distance
from landfill to city well fields as shown by chemical an-
alyses of water from observation wells.
In May 1974, nearly 30 wells were found to be contaminat-
ed, 200 families affected and three cattle killed on a farm
in Byron, Illinois. Extreme concentrations of cyanide were
found in the cattle. A lung tissue sample from the large
male Holstein revealed 2020 g/L of cyanide. Upon learning of
the magnitude of the situation, the company that had
purchased the property contracted for monitoring and de-
toxification of the area, which had been a dumping ground for
industrial wastes such as CN, heavy metals, calcium, copper,
iron, lead, maganese, nickel, silver, zinc, petroleum
products, and acids and arsenic salts. Other environmental
damage resulting from the unregulated disposal of these
industrial wastes include wildlife kills of fish, birds,
downstream aquatic communities, frogs, benthic community,
domestic animals along the stream, and destruction of local
vegetation. The organic wastes were sent to an incineration
facility in Kansas City, Missouri, while other wastes such as
phenols, organics, and the like were sent to a hazardous
waste treatment facility in Gary, Indiana. The cleanup crew
found evidence of containers which were deliberately hacked
open for wastes to drain out, containers left in the open and
dumped into intermittent stream channels tributary to the
Rock River, and other cases of abuse.
A marked deterioration in water quality occurred in the
Marquette Heights, Illinois, area well field in 1968, after
the wells had been pumped for only a few weeks. Increases in
calcium and manganese content of the water could be attri-
buted to intercepted outflow from the bluff area. The con-
centrations of sodium, chlorine, and total dissolved minerals
were abnormally high for bedrock waters. An investigation
revealed that the highs in these chemical constituents were
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caused by water softener waste discharged into a surface
depression near the wells.
In 1973, a complaint was received in Spokane County,
Washington, of an ammonia odor emanating from an uncovered
landfill where "blocks" of 60 percent sodium and potassium
chloride material were dropped by an aluminum reprocessing
plant. In 1974, two domestic water supplies nearby were
contaminated with 600 to 1,000 ppm chlorides. The material
was disposed thereafter at a different landfill.
A disposal company undertook to dispose of some drums con-
taining unidentified toxic residues. Instead of properly
disposing of this material, the company dropped these drums
at a dump located in Riverside County, California. Later
during a heavy flood, the drums were unearthed, giving off
poisonous gases and contaminating the water. Steps were
taken to properly dispose of the unearthed drums.
Rainwater and groundwater percolating through a landfill in
New Castle, Delaware, have produced a putrid-smelling leach-
ate that contaminated the New Castle water supply and
domestic wells. The composition and strength of the leachate
varies according to the amount of water contacting the refuse
material, but it generally contains high concentrations of
iron, chlorides, ammonia, phenols, some heavy metals, and
dissolved organics. It will cost the taxpayers of New Castle
$2.2 million to clean up the polluted water.
Domestic refuse collected throughout Miami County, Ohio, is
burned in the county's incinerator, and the unburned residual
material and bottom ash is buried daily in the county
landfill. Liquid industrial wastes are alsro accepted at the
landfill. Scrubber water containing fly ash from the stack
discharges into a nearby infiltration pit. These disposal
practices have resulted in contamination of the aquifer with
organic solvents, chlorides, and iron. In addition, the tem-
perature of water in the major well on the site has risen
10 F. This pollution does present a threat to the water sup-
ply of several organizations and residents located within one
mile of the site.
Leachate from a Beaver County, Pennsylvania, landfill that ac-
cepted oils and sludges, heavy metals, and organic compounds
destroyed life in a nearby stream, emitting a noxious odor
which prevaded the area surrounding the landfill. By 1974,
the company was no longer accepting waste liquids or heavy
metals.
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In 1973, a spectacular fire occurred at a hazardous waste
incineration facility located in Shakopee, Minnesota. The
fire, of unknown origin, broke out in a diked drum storage
area and consumed the contents of approximately 4,000 55-
gallon drums. The drums contained combustible hazardous
wastes including paint sludges, solvents, and waste oils.
Fortunately, the facility had been shut down for the holidays
and no employees were present.
A fire broke out when a powdered aluminum, magnesium, and
phosphorous compound was dumped at a landfill in Seattle,
Washington, in 1974. The waste compound originated from
cleaning debris from the site of a metal reduction plant.
After unsuccessful attempts to douse the explosive fire with
water, the debris was spread out and allowed to smoulder.
A family in Warick County, Coventry, Rhode Island, was
charged with illegal trucking and dumping of hazardous wastes
at a pig farm, following a large fire and several explosions
at the dump site. The chemicals, which were dumped in an
open pit included xylene, toluene, and carbon tetrachloride
and are expected to leach into the Mossup River.
In April 1971, a pesticide formulating company in Pierce
County, Washington, left approximately eleven tons of un-
wanted toxic chemicals at the town dump. Among these chemi-
cals left in the open were seven tons of 4 percent toxaphene
and 1.5 percent rotenone, and 1300 pounds of 70 percent
calcium arsenate. Additional chemicals included pyrethrum,
lethane, hydroxylated copper and DDT. The chemicals were
removed from the dump before any damage to the environment
occurred.
In Louisville, Kentucky, in 1977, a wastewater treatment
plant was shut down after receiving large amounts of hexa-
chlorocyclopentadiene and octa-chlorocyclopentene. Concen-
trations of "hexa" reached 47,000 ppm in sewer sediments and
32 plant employees experienced watering eyes, respiratory
ailments, or other ill effects due to the heavy vapors asso-
ciated with the contaminants. As a result, 105 million
gallons per day of raw sewage were discharged to the Ohio
River for more than two months. It was estimated that the
total diversion amounted to over 9 billion gallons of raw
sewage while cleanup costs reached over $450,000.
At'a dump in Contra Costa County, California, a large number
of drums containing solvents were deposited in a landfill.
In the immediate area were leaky containers of concentrated
J-53
-------
mineral acids and several bags containing beryllium wastes
in dust form. The operators failed to cover the waste at the
end of the day. The acids reacted with the solvents during
the night, ignited them and started a large chemical fire.
There was possible dispersion of potentially hazardous beryl-
lium dust into the environment.
• In Los Angeles County, California, a tank truck emptied
several thousand gallons of cyanide waste onto refuse at a
sanitary landfill. Another truck subsequently deposited
several thousand gallons of acid waste at the same location.
Reaction between the acid and the cyanide involved large
amounts of toxic hydrogen cyanide gas. A potential disaster
was averted when a local chlorine dealer was quickly called
to oxidize the cyanide with chlorine solution.
• The contents of some 250 steel drums of cyanide and miscel-
laneous organics at a landfill in Lake City, Georgia,
leaked into the air. Apparently the containers surfaced due
to a chemical reaction, emitting a foul odor and white clouds
that blanketed the area. The chemical containers were
reburied later that day, posing no danger to the residents
nearby.
• A load of empty pesticide containers -was delivered to a dis-
posal site in Fresno County, California. Unknown to the site
operator, several full drums of an acetone-methanol mixture
was included in the load. When the load was compacted by a
bulldozer, the barreled waste ignited, engulfing the bul-
ldozer in flames. The ensuing fire involved dispersion of
pesticide wastes.
• Air samples collected in.the vicinity of a landfill in Edi-
son, New Jersey, indicated that vinyl chloride is continuous-
ly emitted from the landfill and that significant ambient
concentrations are present in the surrounding areas. Vinyl
chloride levels as high as 0.4 ppm were found in a residen-
tial area one mile from the landfill and 0.5 ppm at the
landfill.
• Two serious fires occurred at a landfill in St. Clare County,
Illinois, in 1973 and 1974. The landfill had accepted var-
ious industrial wastes, including solvents and wastes from
plastics manufacture for ten years. Both fires burned for
two days, involved personal danger and were difficult to
extinguish. Leachate and runoff have contributed to water
degradation in a nearby stream. The site no longer accepts
barrels of unknown chemicals and can only dispose of non-
hazardous industrial wastes.
J-54
-------
At a land disposal site in Southern California, a tanker was
observed unloading a waste listed as "waste acid" into a sub-
surface, bottomless tank through an open stack above the
ground. Shortly after the unloading operation commenced,
yellowish-brown clouds of nitrogen dioxide began to emanate
from the open stack. The reactions appeared to have subsided
when the discharging of the wastes ceased. However, an hour
later, more nitrogen dioxide started to spew from the stack.
The emission was halted by filling the stack with soil.
There were no reported injuries, but the incident created a
significant air pollution problem such that complaints from
nearby businesses were received and a factory was evacuated.
Land disposal of batches of pesticide concentrates including
arsenic has polluted approximately 40 percent of the land
area of a company disposal site in Middleport, New York.
Impoundment of surface runoff and treatment prior to
discharge is now required.
A waste-oil firm dumped large quantities of PCB contaminated
soil in a pit adjacent to a tributary to the Meramec River.
The contaminated area was estimated at 2,500 square feet,
with soil samples containing 1.4 to 1.8 percent
(14,000-18,000 ppm) PCB. Part of the cleanup operation
involved diversion of the creek away from the site and the
removal of about 50,000 gallons of contaminated soil.
Hexachlorobenzene (HCB) wastes were disposed in landfill
sites in southern Louisiana. Some of the waste was covered
following disposal, some was not. Soil and plant samples
taken near the landfill area showed a decreasing HCB content
as distance from the landfill increased. The HCB levels in
the plasma of landfill workers was reported to range from 2
to 345 ppb; the average level in a control was 0.5 ppb with a
high of 1.8 ppb. A study of the land disposal of the
hexachlorobenzene wastes indicated that uncovered wastes re-
leased 317 kilograms per hectare per year.
Chromium-bearing plating wastes were filtered through Ful-
ler's Earth, and then the contaminated Fuller's Earth was
dumped in a pit at a company site. Hexavalent chromium
leached into the groundwater and traveled at least 450 feet
into a nearby domestic well. There, a marked change in the
water prompted the owner to ask the state for chemical an-
alysis. Because this was a health hazard, the company had
the Fuller's Earth dug up and removed. The chromium content
of the well water dropped gradually to acceptable levels.
J-55
-------
In 1972, approximately 2,000 pounds of packaged technical
mevinphos was buried in Waterloo, Iowa, resulting in gross
contamination of vegetation in the area. The area was later
neutralized with alkali, and some of the material was re-
moved.
For 40 years a company manufactured various mercury compounds
near the Hackensack Meadowlands. In 1974, after the man-
ufacturing plant had been demolished, it was apparent that
the former one acre plant property was used as a dump for
mercury wastes. Soil corings down to three feet yielded an
average concentration of 1.2 percent mercury in the soil. It
is estimated that there is about 200,000 pounds of total
mercury at the site.
In May 1972, a private commercial well was dug for a new of-
fice of a small contractor in Perham, Minnesota. Within the
same month, 5 of 13 employees became ill with gastro-
intestinal ailments. Six other employees also became ill
within the next two months, requiring hospitalization. One
employee lost the use of his legs for six months due to
severe neuropathy. After several weeks it was discovered
that the well was located 20 feet from a site where approxi-
mately 50 pounds of a pesticide had been buried between 1934
and 1936. The pesticide which consisted of arsenic trioxide,
bran, sawdust, and molasses had been buried at a depthfeet,
while the affected well was 31 feet deep. Well contained up
to 21 ppm arsenic. Soil samples contained up to 12,600 ppm
of arsenic in the vicinity of the burial spot. To date, the
affected well has been capped and an alternate water supply
obtained at a cost of about $300. Twelve nearby wells are
also monitored periodically to establish the threat "to the
Perham municipal well field"3/4 of way.
In 1973, dangerous concentrations of arsenic, lindane,
silvex, endrin, PCB's, and dieldrin were discovered in the
Potomac River as well as in the soil surrounding an
Alexandria, Virginia, chemical plant. Mercury in excess of
30 ppm was also discovered. The chemicals are believed to
have come from the washing of railroad cars.
In 1973, washout from a waste lagoon at an abandoned plant in
Cadosia, New York, washed an unknown amount of tarlike
residue from acid manufacture into the West Branch of the
Delaware River.
J-56
-------
A paper company in Wood County, Wisconsin, had been placing
CaCOj in sludge pits as part of its processing operations.
The slurry dried in these pits and was used as an
agricultural soil sweetner. Leachate beneath the pits was
discharged into the adjacent Wisconsin River. Monitoring
wells located between the sludge pits and the river indicate:
total dissolved solids 440 mg/1, iron 12 mg/1, sulfate 901
mg/1 and a pH of 12.5.
J-57
-------
APPENDIX K
UNITED STATES DISTRIBUTION OF
MANUFACTURING FIRMS BY SIZE, IN STANDARD
INDUSTRIAL CLASSIFICATIONS 20 AND 22 THROUGH 39 — 1972
K-l
-------
TABLE K-l
UNITED STATES DISTRIBUTION OF MANUFACTURING FIRMS BY
SIZE FOR STANDARD INDUSTRIAL CLASSIFICATION 20 -
FOOD AND KINDRED PRODUCTS *
State
Region I
Connecticut
Maine
Massachusetts
Mew Hampshire
Rhode Island
Vermont
Subtotal
Region II
Delaware
New Jersey
New York
Subtotal
Region III
District of Columbia
Maryland
Pennsylvania
Virginia
West Virsinia
Subtotal
Region IV
Alabama
Florida
' Georgia
Kentucky
. Mississippi
. North Carolina
South Carolina
Tennessee
Subtotal
Region V
Illinois
India DA
Michigan
Minnesota
Ohio
Wisconsin
Subtotal
Region VI
Arkansas
Louisiana
New Mexico
Oklahoma
Texas
Subtotal
Region VII
Iowa
Kansas
Missouri
Nebraska
Subtotal
Region VIII
Colorado
Montana
North Dakota
South Dakota
Utah
Wyoming
Subtotal
Region IX
Arizona
California
Hawaii
Nevada
Subtotal
Region X
Alaska
Idaho
Oregon
Washington
Subtotal
Total
Size of Firm
U-4)
102
86
260
45
70
28
591
16
255
618
889
3
106
563
127
49
848
106
229
221
116
95
223
80
168
1.238
384
174
266
202
397
450
1.873
82
170
57
112
476
897
183
133
207
90
613
106
53
46
37
71
32
345
68
680
77
18
843
28
54
123
150
355
8,492
(5-9)
37
41
93
7
25
13
216
11
111
321
443
3
67
213
46
14
343
66
120
71
38
32
59
30
58
474
168
57
117
107
157
200
806
36
49
22
32
161
300
67
•' 61
84
82
294
36
30
15
22
31
a
142
13
337
24
2
376
19
18
54
58
149
3,543
(10-19)
44
30
96
14
25
16
225
8
111
341
4f.p
4
57
229
58
21
369
55
U4
77
42
28
76
38
51
481
187
73
131
88
157
175
811
47
62
16
49
187
361
91
60
83
66
300
60
25
31
16
21
11
164
27
395
38
10
470
12
27
47
98
184
3,825
(20-49)
42
44
128
19
24
22
279
15
169
362
546
5
96
349
119
33
602
69
131
111
83
64
139
51
105
753
254
139
176
144
214
218
1,145
64
113
29
69
280
555
123
62
125
85
395
74
24
26
26
40
4
194
42
512
30
8
592
25
36
68
104
233
5,294
(50-99)
27
18
32
4
12
7
150
9
96
• 198
303
2
50
174
80
22
328
44
87
82
55
45
67
23
60
463
188
80
100
70
146
130
714
48
92
8
30
175
353
59
48
76
•49
232
35
14
6
13
27
4
99
22
279
15
7
323
23
25
52
63
163
3,128
(100-249) (250-499)
20
24
60
7
7
3
121
12
80
132
224
4
61
150
67
13
295
49
83
59
32
33
73
25
64
418
146
60
77
87
130
97
597
41
62
9
32
146
290
56
36
68
37
197
39
4
10
9
16
3
81
11
242
18
3
274
4
19
48
43
114
2,611
3
9
17
2
31
6
25
60
91
1
19
56
13
2
91
25
26
31
18
6
23
7
23
159
59
18
29
20
42
22
190
21
14
1
7
55
98
20
5
26
13
64
12
1
1
2
2
18
5
103
2
110
10
11
18
.19
891
(500-999) (1000-2499) (2500-Over) Total
3
3
8
3
17
2
12
16
30
6
19
5
30
3
8
19
4
5
5
1
9
54
23
13
6
7
11
4
64
6
4
1
11
22
11
6
10
4
31
1
1
37
4
41
2
6
5
13
303
-
-
1
4
4
9
2
a
4
14
3
• 1
1
1
1
7
13
1
2
2
4
2
24
2
1
2
5
6
- 1
1
4
12
1
1
9
9
-
-
81
278
255
744
98
166
89
1.630
80
1 864
2.052
1 2.996
22
464
1 1,762
519
154
1 2.921
417
801
672
388
309
1 667
256
538
1 4 . 048
2 1,424
615
1 905
1 728
1 1,259
2 1.300
7 6.231
347
566
142
333
1,493
2,881
. i 618
412
1 681
430
3 2.141
1 365-
151
135
1 126
208
62
2 1.047
188
2,594
1 209
48
1 3,039
111
1 192
409
539
1 1.2.11
17 28,185
*U.S. Department of Commerce, 1976
K-2
-------
TABLE K-2
UNITED STATES DISTRIBUTION OF MANUFACTURING FIRMS BY
SIZE FOR STANDARD INDUSTRIAL CLASSIFICATION 22 -
TEXTILE MILL PRODUCTS*
Region I
Connecticut
Maine
New Hampshire
Rhode Island
Vermont
Subtotal
Region II
Delaware
New Jersey
New York
Subtotal
Ration III
Maryland
Pennsylvania
Vtrjlnia
Was; Virginia
Subtotal
R.glon IV
Alaba-a
F'.jriJa
Georsia
Kentucky
Mississippi
North Carolina
Souch Carolina
Tennessee
Subcocal
Region V
Illinois
Indiana.
Michigan
Minnesota
Ohio
Wisconsin
Subcocal
Region VI
Arkansas
Louisiana
New Mexico
Oklahoma
Texas
Subcocal
Region VII
Ibua
Kansas
Missouri
Nebraska
Subcocal
Region VIII
Colorado
Moncana
North Dakota
South Dakota
Utah
Wyoming
Subtotal
Region IX
Arizona
California
Hawaii
Nevada
Subtotal
Region X
Alaska
Idaho
Oregon
Washington
Subcocai
Total
* U.S. Department of C<
50-i99)
14
10
6
10
67
2
16
24
42
2
48
18
68
33
2
69
4
5
193
99
22
4j?
1
1
1
1
7
6
17
7
1
3
4
15
1
1
1
1
8
8
1
1
2
643
(500-999) (
2
2
4
2
17
3
a
11
10
17
i
28
12
2
46
1
3
94
77
15
250
2
2
1
3
3
11
1
1
1
1
4
1
1
~
-
2
2
1
1
325
1000-2199) (
1
1
3
-
-
5
8
13
9
21
2
35
18
4
89
1
1
- .
-
-
-
-
-
-
-
-
-
106
12500-Over) Total
119
49
65
254
14
828
9
581
1.356
1.946
30
644
1 110
7
1 791
1 152
83
550
1 23
34
4 1,399
3 437
172
? 2,850
83
16
41
19
72
59
iSU
18
12
3
15
75
123
10
2
27
5
44
11
1
7
19
4
268
1
• 271
2
21
17
<-0
10 7,204
K-3
-------
TABLE K-3
UNITED STATES DISTRIBUTION OF MANUFACTURING FIRMS BY
SIZE FOR STANDARD INDUSTRIAL CLASSIFICATION 23 -
APPAREL AND OTHER TEXTILE PRODUCTS *
State
Region I
Connecticut
Maine
Massachusetts
New Hampshire
Rhode Island
Ver-ont
Subtotal
Region II
Delaware
New Jersey
New York
Subtotal
Region III
District of Colu-bia
Maryland
Pennsylvania
Virginia
Wes: Viriinia
Subtotal
R-Sio" IV
Alabama
Florida
Georgia
Kentucky
Mississippi
North Carolina
South Carolina
Subtota 1
Region V
Illinois
Indiana
Michigan
Minnesota
Ohio
Wisconsin
Subtotal
Region VI
Arkansas
Louisiana
New Mexico
Oklahoma
Texas
Subtotal
Region VII
Iowa
Kansas
Missouri
Nebraska
Subtotal
Region VIII
Colorado
Montana
North Dakota
South Dakota
Utah
Wyoming
Subtotal
Region IX
Arizona
California
Hawaii
Nevada
Subtotal
Region X
Alaska
Idaho
Oregon
Washincton
Subtotal
Total
Size of Firm
(1-4)
45
10
144
7
11
4
221
5
479
1.921
2.405
7
56
241
25
9
338
39
234
68
26
17
76
38
50
548
194
50
83
50
118
36
531
17
25
15
35
200
292
18
' 22
54
13
107
34
3
4
9
25
3
78
24
769
31
10
834
2
a
38
60
108
5,462
(5-9)
18
3
113
3
17
1
155 ._
3
270
1.262
1.535
4
30
154
12
3
203
16
128
26
8
2
35
9
249
39
12
38
16
48
18
.221
5
6
1
7
59
78
9
J)
30
a
53
12
1
1
4
1
19
16
455
17
4
492
4
16
15
35
3,040
(10-19)
35
2
121
3
11
5
177
2
282
1.723
2.007
2
29
196
10
3
240
12
146
35
8
4
32
20
11
270
106
21
45
27
47
22
268
2
3
2
7
64
78
a
4
43
4
59
8
3
1
1
5
18
14
530
17
2
563
1
14
18
33
3,713
(20-49)
72
11
194
10
12
5
304
6
484
2,342
2,832
2
48
585
23
9
667
14
209
78
11
10
59
37
452
100
25
33
24
55
24
261
4
18
2
8
102
134
7
13
62
9
91
16
1
1
17
35
12
588
33
633
1
13
26
40
5,449
(50-99)
59
2
148
10
9
4
232
6
290
923 _.
1.219
55
526
47
10
638
37
88
94
14
23
113
26
37
432
76
22
16
26'
29
13
18,2
14
12
2
15
112
155
7
. 10
67
1
85
9
1
9
1
20
6
274
18
1
299
6
11
17
3,279
(100-249) ;250~i99)
28
7
97
7
5
5
149
6
115
328
449
1
31
290
75
16
413
77
55
143
44
80
134
82
99
714
58
27
16
18
33
15
167
23
16
2
' 23 •
•101
165
14
12
"78
6
116
3
1
13
17
10
126
3
< 139
1
5
11
17
2,340
7
4
23
2
36
1
23
46
70
20
101
33
4
158
49
11
64
26
39
80
41
73
383
14
18
3
3
17
62
20
8
1
. 14
43
86
2
4
29
1
36
2
2
5
9
5
25
1
31
2
6
8
879
(500-999) (1000-2499) (2500-Over) Total
1
7
1
9
3
11
14
4
14
12
1
31
14
2
21
9
14
29
14
22
125
3
3
2
1
9 _
2
3
2
18
25__ _
2
2
-
-
4
4
1
1
2
221
-
-
1
4
5
5
1
6
3
3
1
1
1
5
14
1
2
3
6
1
6
7
_
-
-
-
1
3
4
-
-
42
264
40
847
40
68
24
1,283
29
1,947
8,560
10,536
16
273
2,112
238
55
2,694
261
873
532
147
189
559
1 269
358
1 3,188
1 642
175
2 241
164
352
lift
3 1.710
88
91
27
109
1 706
1 1-021
65
71
543
84
a
6
15
78
196
88
2,774
120
17
2,999
3
14
95
148
260
5 24,430
* U.S. Department of Commerce, 1976
K-4
-------
TABLE K-4
UNITED STATES DISTRIBUTION OF MANUFACTURING FIRMS BY
SIZE FOR STANDARD INDUSTRIAL CLASSIFICATION 24 -
LUMBER AND WOOD PRODUCTS *
State
Rdjion I
Ma tne
Massachusetts
Sew Hampshire
Rhode Island
Resion 11
Delaware
New Jersey
Region I tl
District of Columbia
Maryland
Pennsylvania
Virginia
Va4 = Virginia
Subtotal
fUgion IV
Alabama
Florida
Georgia
Kentucky
Mississippi
North Carolina
South Carolina
Subtotal
Region V
Illinois
Indiana
Michigan
Minnesota
Ohio
Wisconsin
Subcocal
Region VI
Arkansas
Louisiana
New Mexico
Oklahoma
Texas
Subcocal
Region VII
Iowa
Kansas
Missouri
Nebraska
Subcocal
Region VIII
Colorado
Montana
North Dakota
South Dakota
Utah
Uvoralns
Subcatal
Region IX
Arizona
California
Hawaii
Nevada
Subtotal
Region X
Alaska
Idaho
Oregon
Washington
Subtotal
Total
(1-i)
64
578
178
121
22
125
17
143
444
5W5
1
136
661
875
329
2.002
1,177
649
1,401
300
531
1,140
853
547
6.59H
242
244
585
319
423
399
2, 212
519
594
50
65
626
1.854
87
52
324
25
488
98
211
8
21
48
48
434
73
892
12
9
986
41
195
687
724
1,647
17,913
(5-9)
39
130
75
46
10
26
328
7
69
221
297
1
49
220
208
62
540
223
242
322
81
145
288
143
108
1.552
103
91
191
94
120
123
722
111
129
19
24
168
451
35
22
107
16
180
31
56
2
5
22
7
123
33
400
5
6
4,44
6
88
312
319
725
5,362
(10-19)
19
93
67
36
6
28
249
4
63
182
249
2
47
158
127
35
369
120
141
145
62
70
167
84
82
871
95
65
131
53
95
100
539
73
65
10
21
131
300
• 22
14
64
5
106
26
41
2
7
15
13
104
19
332
9
4
364
10
61
298
277
646
3,797
(20-49)
19
59
47
33
4
24
186
7
57
139
203
3
46
135
103
46
333
122
127
122
49
73
191
83
90
857
74
96
102
50
109
74
505
94
66
18
24
117
319
15
17
74
11
117
23
38
1
10
11
7
90
27
286
7
1
321
11
66
254
195
526
3,457
(50-99)
9
27
26
16
6
84
16
63
79
10
60
48
19
137
68
62
74
39
56
101
39
49
488
36
51
41
26.
39
43
236
61
42
13
7
82
205
7
7
28
4
45
14
23
4
4
2
5
52
17
158
4
1
180
8
33
146
82
269
1,775
Size oC rirm
(100-249)
19
5
5
1
4
3Z
1
6
23
35
8
42
41
4
95
44
43
54
12
40
57
28
40
318
21
53
31
12
25
33
175
46
26
4
' 11
' 68
155
7
15
14
7
43
13
14
5
8
1
41
10
135
1
1
147
3
37
141
75
254
1,294
U50-i99) (500-999) (1000-2499) (2500-Ovcr) Total
7
1
2
re
2
2
5
2
8
8
2
20
9
2
13
3
17
8
3
2
57
2
10
3
1
2
11
29
11
7
1
2
12
33
1
2
2
2
7
2
2
3
27
30
1
4
42
20
67
259
-
1
1
1
3
4
4
1
1
2
1
9
1 .
1
1
1
1
4
9
2
1
2
5
1
1
2
2
2
4
4
2
11
6
1?
55
-
-
1
1
1
1
1
3
1
1
1
3
2
2
1
1
-
-
2
2
3
4
7
19
150
913
399
259
43
215
= 17575
36
356
1,075
= 17557
7
298
1,285
1,413
498
3.501
1,768
1,266
2,132
547
934
1,954
1,233
919
10, 75J
575
612
1,085
557
814
787
4,4jO
917
930
115
154
1,208
3.324
176
129
614
70
989
205
387
17
52
106
81
848
182
2,236
38
22
2.478
80
486
1,894
1,702
4.162
33,931
* U.S. Department of Commerce, 1976.
K-5
-------
TABLE K-5
UNITED STATES DISTRIBUTION OF MANUFACTURING FIRMS BY
SIZE FOR STANDARD INDUSTRIAL CLASSIFICATION 25 •
FURNITURE AND FIXTURES *
State
Region I
Connecticut
Maine
Massachusetts
New Hampshire
Rhode Island
Vermont
Subtotal
Region II
Delaware
New Jersey
Sew York
Subtotal
Region [II
District of Colunbia
Maryland
Pennsylvania
Virginia
U'est Viriir.ia
Subtotal
Region [V
Alabama
Florida
Georgia
Kentucky
Mississippi
North Carolina
Subtotal
Region V
Illinois
Indiana
Michigan
Minnesota
Ohio
Wisconsin
Subtotal
Region VI
Arkansas
Louisiana
New Mexico
Oklahoma
Texas
Subtotal
Region VII
Iowa
Kansas
Missouri
Nebraska
Subtotal
Region VIII
Colorado
Montana
North Dakota
South Dakota
Utah
Wvomins
Subtotal
Region IX
Arizona
California
Hawaii
Nevada
Subtotal
Region •(
Alaska
Idaho
Oregon
ft'ashinccon
Subtotal
Total
Size of Firn
(1-i)
26
7
93
10
9
8
1S3
6
81
363
450
4
24
128
31
5
192
57
167
76
20
28
102
18
82
550
138
52
78
32
92
45
437
31
28
19
40
141
259
23
27
44
7
101
27
2
3
4
14
1
51
36
455
4
7
502
6
37
48
91
2,786
(5-9)
14
5
43
6
8
2
78
1
54
235
290
8
15
65
13
5
106
24
85
37
11
9
47
5
40
258
66
24
44
15
45
22
216
15
10
3
19
66
113
6
11
28
9
54
15
1
1
1
11
1
30
18
233
6
4
261
6
16
16
38
1,444
(10-19)
15
2
44
4
4
4
73
66
230
296
1
14
61
12
6
94
15
65
36
12
11
56
14
28
237
62
29
35
21
49
18
?*•>
12
12
7
14
56
101
5
10
32
6
53
9
2
1
1
5
18
8
221
5
4
238
3
1
15
20
39
1,363
(20-49>
21
3
64
11
5
2
106
1
61
182
244
21
108
21
11
161
26
77
41
19
14
100
a
43
328
91
41
58
17
61
26
294
18
6
3
8
87
122
12
11
30
5
58
15
2
1
6
24
16
274
a
2
300
2
15
23
40
1,677
(50-99)
9
4
25
4
2
1
45
28
76
104
1
3
39
19
5
' 72
13
35
21
10
9
73
7
38
206
' 51
38
34
11 •
26
18
178
8
7
3
4
39
61
8
7
23
6
44
12
7
19
1
140
2
1
144
7
5
12
885
(100-249)
11
3
17
6
2
5
44
1
11
54
66
5
47
15
1
68
13
21
15
9
22
86
7
31
204
38
38
28
10
23
15
152
18
1
' 3
"31
53
4
4
13
1
22
2
2
4
4
82
86
3
6
9
708
(S50-499)
3
3
1
7
3
7
10
1
12
15
28
6
3
5
5
7
61
3
16
106
14
13
5
1
9
5
47
8
1
1
9
19
1
1
6
1
9
-
-
18
1
19
1
1
246
(500-999) (1000-2499) (2500-Over) Total
1
1
2
4
2
3
5
4
16
20
1
4
6
22
1
6
40 " ~
6
5
4
1
5
2
23
2
2
4
2
1
J
-
-
2
2
1
i
102
-
-
1
1
1
1
3
5
2
5
1
3
11
1
3
2
1
1
8
2
2
-
-
-
-
-
-
-
-
27
100
24
290
42
30
24
510
9
307
1,150
1.466
14
89
465
1 146
33
1 747
155
453
235
86
108
1 553
64
1 238
2 1.942
467
243
1 289
108
311
152
1 1,570
114
• 65
35
89
431
734
61
71
176
36
344
80
7
5
7
45
2
146
83
1,425
26
18
1,552
3
15
95
118
231
4 9,242
* U.S. Department of Commerce, 1976.
K-6
-------
TABLE K-6
UNITED STATES DISTRIBUTION OF MANUFACTURING FIRMS BY
SIZE FOR STANDARD INDUSTRIAL CLASSIFICATION 26 -
PAPER AND ALLIED PRODUCTS *
Region I
Maine
Massachusetts
New Hampshire
Rhode Island
Vermont
Subtotal
Region II
Delaware
New Jersev
New York
Subtotal
Region III
District of Columbia
Maryland
Pennsylvania
Virginia
Wage Vtcnlnia
Subtotal
Region IV
Alabama
Florida
Georgia
Kentucky
Mississippi
North Carolina
South Carolina
Subtotal
Keg ion V
Illinois
Indiana
Michigan
Minnesota
Ohio
Wisconsin
Subtotal
Region VI
Arkansas
Louisiana
New Mexico
Oklahoma
Texas
Subtotal
Region VII
Iowa
Kansas
Missouri
Nebraska
Subtotal
Region Vllt
Colorado
Montana
North Dakota
South Dakota
Utah
Wyoming
Subtotal
Region IX
Arizona
California
Hawaii
Nevada
Subtotal
Res ion X
Alaska
Idaho
Oregon
Washington
Subtotal
Total
'
(1-4)
7
52
2
7
3
79
43
161
204
1
10
67
6
4
88
6
26
16
3
6
11
9
10
87
57
17
36
13
41
22
186
6
6
5
27
44
4
6
16
1
27
5
1
1
2
9
6
83
5
94
6
10
16
834
(5-9)
4
33
3
4
I
56
49
97
146
1
10
36
10
1
58
5
11
10
2
11
4
43
42
3
21
11
35
13
125
2
1
3
21
27
3
14
1
22
2
1
1
4
2
50
1
53
1
4
9
14
548
(10-19)
3
43
1
8
1
73
56
128
184
a
44
14
1
67
5
13
16
2
3
11
5
9
64
57
16
21
a
43
17
162
3
3
1
4
18
29
•4
4
19
3
30
7
5
12
2
68
2
1
73
3
5
a
702
(20-49)
5
60
15
17
6
125
5
79
194
278
2
20
104
11
3
140
9
25
23
15
10
31
5
30
148
112
22
54
13
83
28
312
11
10
1
7
53
32
8
7
30
3
48
8
1
1
3
13
3
108
2
113
2
6
14
22
1,281
(50-99)
5
57
3
6
4
101
5
64
113
182
9
60
14
6
89
7
17
19
10
5
22
11
20
111
68
35
35
12 •
55
29
. 234
11
11
3
23
48
8
7
22
5
42
11
1
12
4
78
2
84
1
6
10
17
920
SUe of Pica
(100-249) U50-i99)
6 5
75 18
7
4 3
4 3
113 33
3 1
84 17
105 31
192 49
1
19 2
81 22
24 7
7 1
131 33
9 10
24 3
23 12
13 4
8 4
37 4
12 5
40 4
166 46
98 23
32 10
56 20
22 4
82 21
50 20
340 98
12 5
12 . 10
• 5 1 .
•44 6
73 22
12 '.3
10 3
28 5
4
54 11
3 1
1
2
5 2
1
91 25
91 26
1
2
12 7
15 13
29 21
1,194 341
(500-999)
10
6
1
19
4
a
12
1
11
2
14
5
a
10
2
i
2
2
2
32
8
2
8
6
5
19
4H
4
6
3
13
1
2
3
-
-
3
3
1
1
7
7
16
160
(1000-2499) (2500-Over)
3
2
5
2
2
4
2
4
3
9
4 1
2
5
2
3
4
4
J4 1
2
3 1
3
4
12 1
2
3
2
7
1
I
-
-
.
-
3
3
65 2
Total
48
344
39
49
22
604
14
398
839
1.251
5
81
429
91
23
629
61
129
134
49
41
132
53
123
V22
467
137
251
93
368
202
1,518
56
62
2
28
197
345
44
40
137
17
238
37
2
2
2
14
57
18
506
11
2
537
2
7
51
86
146
6,047
U.S. Department of Commerce, 1976.
K-7
-------
TABLE K-7
UNITED STATES DISTRIBUTION OF MANUFACTURING FIRMS BY
SIZE FOR STANDARD INDUSTRIAL CLASSIFICATION 27 -
PRINTING AND PUBLISHING*
Stare
Region I
Connecticut
Ma ine
Massachusetts
New Hampshire
Rhode Island
Vermont
Subtotal
Region [I
Delaware
New Jersey
Sew York
Subtotal
Region III
District of Columbia
Maryland
Pennsylvania
Virginia
West Vtrzinia
Subtotal
Region IV
Alabana
Florida
Georgia
Kentucky
Mississippi
North Carolina
South Carolina
Tennessee
Subtotal
Region V
Illinois
Indiana
Michigan
Minnesota
Ohio
Wisconsin
Subtotal
Region VI
Arkansas
Louisiana
New Mexico
Oklahoma
Texas
Subtotal
Region VII
Iowa
Kansas
Missouri
Nebraska
Subtotal
Region VIII
Colorado
Montana
North Dakota
South Dakota
Utah
Wvomlng_
Subtotal
Region IX
Arizona
California
Hawaii
Nevada
Subtotal
Region X
Alaska
Idaho
Oregon
Washinctor,
Subtotal
Total
(1-i)
295
82
597
81
95
58
1.208
26
778
2.802
3.606
152
269
951
300
98
1.770
214
897
417
201
132
340
159
421
2,W
1,328
445
719
449
908
478
4.327
135
275
85
307
1.218
2.020
391
304
573
198
1,466
284
63
72
102
99
30
650
146
2,487
58
49
2,740
25
66
208
311
610
21,186
(5-9)
116
22
214
21
34
20
427
22
272
1.139
1.433
61
98
320
106
35
620
69
219
113
81
33
106
42
104
767
499
• 138
277
137
288
157
1.496
46
. 66
24
77
296
509
95
66
212
53
426
69
18
16
34
32
11
180
66
737
24
12
839
12
18
71
92
193
6,890
(10-19)
92
21
243
23
27
8
414
12
214
931
1.157
51
83
253
81
20
488
46
158
72
47
35
98
36
5'
549
407
124
215
121
232
129
1.228
35
56
13
56
229
389
94
54
129
41
318
59
11
6
15
22
10
123
41
528
14
14
597
5
16
55
68
144
5,407
(20-49)
97
17
199
22
20
15
370
10
215
718
943
46
79
275
75
18
493
34
143
86
45
19
93
32
67
519
424
118
146
108
254
110
1.160
35
42
18
43
212
350
76
65
136
38
315
49
13
15
9
17
10
113
38
468
10
9
525
3
7
40
47
97
4,885
(50-99)
48
4
65
11
9
»
145
89
280
369
• 18
35
118
29
3
203
11
45
34
21
12
37
7
35
202
171
40 .
68
47 •
130
46
502
11
16
4
16
81
128
26
' 21
48
18
113
11
2
4
6
3
2
28
11
158
8
1
178
2
6
19
13
40
1,908
Size of Firn
(100-249)
26
4
42
4
6
7
89
2
45
140
187
1
32
86
21
10
150
14
26
14
13
3
16
9
22
11?
119
26
47
20
69
31
312
6
a
i
' 11
' 43
69
12
• 15
32
3
t>Z
12
4
3
2
6
1
28
6
111
2
3
122
1
2
7
15
25
1,161
(250-i99)
8
1
16
4
2
1
32
21
52
"
6
11
32
3
3
55
3
6
7
2
1
4
2
6
31
48
13
10
8
15
13
107
3
2
1
1
16
23
3
' 6
14
3
io
a
2
1U
26
1
11
I
2
4
7
391
(500-999) (1000-2499) (2500-Over) Total
4
1
11
1
1
18
1
8
30
39
3
1
17
3
24
1
3
2
3
2
1
2
u
14
4
4
3
12
5
42
1
1
7
9
4
2
1
7
1
1
i
\
14
1
16
2
2
173
1
5
1
7
2
11
13
1
3
3
2
9
4
1
2
1
4
12
7
3
2
1
8
21
1
1
1
4
1
3
2
5
1
1
1
5
6
1
1
2
83
687
152
1,392
167
195
117
2.710
73
1,644
6 6.109
6 7.826
1 340
611
2 2,057
620
187
3 3.815
, - 392
1,501
746
415
235
705
288
718
5, dob
4 3,021
91-1
1 1,489
1 895
1 1,917
1 970
8 9,203
272
467
146
513
2,106
3,504
700
. - -535
1 1,149
355
1 2,739
494
111
116
168
182
64
1,135
310
1 4,335
117
89
1 5,051
48
116
403
553
1,120
19 42,103
* U.S. Department of Commerce, 1976.
K-8
-------
TABLE K-8
UNITED STATES DISTRIBUTION OF MANUFACTURING FIRMS BY
SIZE FOR STANDARD INDUSTRIAL CLASSIFICATION 28 -
CHEMICALS AND ALLIED PRODUCTS *
Re 3 ion I
Maine
Massachusetts
New Hampshire
Rhode Island
Vermont
Subtotal
Region 11
Delaware
New Jersey
Sew York
Subtotal
Region III
District of Columbia
Maryland
Pennsylvania
Virginia
Vest Virginia
Subtotal
S.jlion IV
Alabama
FljrlJa
Georgia
Kentucky
North Carolina
South Carolina
Subtotal
Region V
Illinois
Ind iana
Michigan
Minnesota
Ohio
Wisconsin
Subtotal
Region VI
Arkansas
Louisiana
New Mexico
Oklahoma
Texas
Subtotal
Region VII
Iowa
Kansas
Missouri
Nebraska
Subtotal
Region VIII
Colorado
Montana
North Dakota
South Dakota
Utah
Wvonina
Subtotal
Region IX
Arizona
California
Hawaii
Nevada
Subtotal
Region X
Alaska
Idaho
Oregon
Washington
Subtotal
Total
(1-4)
11
127
10
32
10
242
10
243
385
638
4
46
206
38
15
309
35
163
78
35
58
30
58
483
256
78
135
71
200
82
822
31
59
7
58
257
412
42
30
116
12
200
34
10
4
8
13
3
72
25
440
13
4
482
3
10
29
47
S9
3,749
(5-9)
6
65
5
16
1
117
5
95
163
263
1
18
80
20
8
127
24
61
40
10
31
20
31
230
120
24
49
28
93
40
354
11
26
6
14
101
158
12
12
58
7
89
15
2
3
10
1
31
11
193
1
4
209
3
13
18
34
1,612
(10-19)
3
43
4
7
3
80
3
146
147
296
29
87
26
7
149
22
59
55
14
36
13
20
240
99
38
57
30
110
35
369
9
29
2
11
95
146
18
12
52
A
90
14
1
1
6
1
23
9
188
2
2
201
1
16
21
38
1,632
(20-49)
9
50
1
14
4
106
11
209
154
374
28
122
24
8
182
28
61
67
26
52
17
28
2on
138
32
52
27
125
42
436
6
24
2
6
127
165
15
21 •
63
7
106
15
5
7
1
28
7
248
4
3
262
1
1
25
23
50
1,999
(50-99)
3
32
3
1
51
2
100
50
152
1
28
55
8
8
100
12
24
31
10
30
11
22
_149
88
19
43
11'
75
11
247
5
18
4
6
60
93
11
11
37
65
7
5
1
13
3
111
3
117
1
1
5
12
19
1,006
Size of Finn
(100-249)
1
19
3
1
31
2
98
62
162
15
43
6
5
69
12
12
21
13
12
9
23
106
72
12
23
4
52
11
174
5
30
3
' 50
88
6
11
24
45
2
1
1
2
6
2
68
1
2
73
4
3
7
761
U50-499)
3
13
1
42
20
63
1
6
24
5
6
42
4
15
5
e
8
4
8
55
26
8
14
4
29
3
84
1
13
1
21
36
7
4
12
2
25
1
1
2
2
22
24
1
1
2
346
(500-999)
5
3
10
5
20
12
37
5
13
3
5
26
2
1
4
4
4
5
7
29
11
7
4
1
10
1
34
1
9
20
30
2
7
9
-
-
6
6
2
1
3
184
(1000-2499)
1
4
13
8
21
•>
6
6
5
19
2
1
1
3
2
6
5
21
5
1
5
1
7
1
21
1
4
s
13
3
3
-
-
2
2
1
1
2
106
(2500-Over)
-
1
1
4
2
7
1
5
2
a
i
4
2
— if—
1
2
2
S
1
1
-
-
~
-
-
-
-
-
35
Total
33
350
23
76
19
655
40
970
1.003
2.013
7
177
637
141
69
1.031
HI
398
302
123
237
117
216 '
1.616
836
221
384
177
701
in
2 SAA
70
212
22
98
74(1
1.142
111
103
372
46
632.
88
19
5
12
44
7
175
59
1.278
21
18
1,376
5
20
92
127
244
11,430
* U.S. Department of Commerce, 1976.
K-9
-------
TABLE K-9
UNITED STATES DISTRIBUTION OF MANUFACTURING FIRMS BY
SIZE FOR STANDARD INDUSTRIAL CLASSIFICATION 29 -
PETROLEUM AND COAL PRODUCTS *
Region I
Connecticut
Maine
Sew Hampshire
Rhode Island
Vermont
Subtocai
Region II
Delaware
New Jersey
New York
Subtotal
Region III
District of Columbia
Maryland
Pennsylvania
Virginia
U'*3 = Virginia
Subtocai
R^ion IV
Alabama
Florida
Georgia
Kentucky
Mississippi
Nor:h Carolina
Souch Carolina
Tennessee
Subtotal
Region V
Illinois
Indiana
Michigan
Minnesoca
Ohio
Wisconsin
Subtocai
Region VI
Arkansas
Louisiana
Sew Mexico
Oklahoma
Texas
Subcocal
Region VII
Iowa
Kansas
Missouri
Nebraska
Subcocal
Region VIII
Colorado
Montana
North Dakota
South Dakota
Utah
Wvominn
Subcotal
Region IX
Arizona
California
Hawaii
Nevada
Subcotal
Region X
Alaska
Idaho
Oregon
Washington
Subtocai
Total
(1-4)
13
1
i
i
34
4
14
57
75
2
7
37
12
6
64
8
16
14
10
3
3
1
14
74
22
12
17
C,
57
14
128
8
9
3 '
6
45
71
6
3
8
2
19
6
2
1
1
3
5
18
8
81
1
2
92
8
2
8
18
593
(5-9)
5
2
3
34
18
53
71
9
44
7
7
67
11
11
11
9
3
4
3
1
58
13
8
16
7
41
6
91
11
7
1
9
15
43
1
3
10
1
15
3
3
11
32
43
11
1
3
2
17
442
(10-19)
3
2
16
1
16
21
38
5
27
1
1
34
3
9
6
4
3
6
3
11
45
14
7
12
8
24
6
71
3
9
1
6
16
35
3
2
8
13
5
1
2
1
3
12
3
32
. 35
3
1
4
6
14
313
(20-49)
1
2
2
9
17
19
36
6
17
4
27
5
12
5
1
6
1
«
35
18
12
16
4
26
6
82
5
13
4
22
44
5
7
10
2
24
1
2
2
2
7
5
30
1
36
5
5
6
16
316
(50-99)
1
1
2
6
10
3
13
6
14
2
22
3
2
6
1
1
1
1
15
6
3
4 '
2 •
12
27
3
3
3
2
12
23
1
2
2
5
2
1
2
1
6
3
16
2
21
3
3
3
9
147
Size of Firn
(100-249)
2
1
7
2
6
4
12
1
9
1
3
14
3
1
4
1
2
1
2
14
11
5
1
2
5
1
25
3
7
' 10
'19
39
6
3
9
4
2
1
3
4
14
3
13
1
' 17
3
1
4
155
(250-499)
1
3
3
1
4
5
—
-
5
1
3
2
1
12
'5
3
12
20
4
4
1
2
3
3
3
5
5
56
(500-999)
-
-
-
1
1
1
3
2
2
1
1
2
6
4
10
3
1
6
10
1
1
2
-
-
7
7
-
-
36
(1000-2499) (2500-Over)
- -
-
-
2
I
2 1
2 1
— —
-
1
1 1
2 1
1 1
1
6 2
S 3
-
-
— —
-
3
3
-
-
17 5
Total
25
7
5
6
107
8
87
158
253
2
35
157
21
23
238
33
51
46
27
19
20
3
39
243
96
50
69
31
170
33
449
- 33
58
8
42
155
296
16
26
42
7
91
18
9
4
3
14
15
63
33
217
5
2
557
33
2
18
30
83
2,080
* U.S. Department of Commerce, 1976.
K-10
-------
TABLE K-10
UNITED STATES DISTRIBUTION OF MANUFACTURING FIRMS BY
SIZE FOR STANDARD INDUSTRIAL CLASSIFICATION 30 -
RUBBERAND PLASTICS PRODUCTS »
State
Region I
Connecticut
Maine
Massachusetts
New Hampshire
Rhode Island
Vermont
Subtotal
Region II
Delaware
Sew Jersey
New York
Subtotal
a«;lon til
District of Columbia
Maryland
Pennsylvania
Virginia
Subtotal
Region IV
Alabama
Florida
Georgia
Kentucky
Mississippi
North Carolina
South Carolina
Subtotal
Region V
Illinois
Indiana
Michigan
Minnesota
Ohio
Wisconsin
Subtotal
Region VI
Arkansas
Louisiana
New Mexico
Oklahoma
Texas
Subtotal
So; ion VII
Iowa
Kansas
Missouri
Nebraska
Region VIII
Colorado
Montana
North Dakota
South Dakota
Utah
Uyomina
Subtotal
Region IX
Arizona
California
Hawaii
Nevada
Subtotal
Region X
Alaska
Idaho
Oregon
Washington
Subtotal
Total
Size of Firm
(1-i)
54
11
100
15
22
4
206
6
136
257
399
3
12
100
17
a
140
21
123
40
19
8
29
16
31
28 7
153
56
115
52
189
40
614
12
19
5
33
129
198
12
31
44
7
94
27
4
2
5
11
49
24
421
4
5
454
2
5
29
45
81
2.522
(5-9)
30
3
52
3
16
2
106
1
92
127
220
12
75
11
1
99
8
56
23
3
2
22
8
16
iM
91
29
68
27
81
in
314
7
6
4
10
60
87
9
6
25
2
42
13
3
3
12
1
32
5
195
1
1
202
1
1
8
15
25
1,265
(10-19)
27
3
70
5
13
2
120
4
91
127
222
16
69
5
4
94
9
44
15
10
6
23
10
16
133
88
38
70
35
89
30
350
5
4
6
8
49
72
6
13
24
2
45
13
1
1
4
19
6
176
1
2
185
2
11
14
27
1,267
(20-49)
38
4
102
7
18
3
172
8
140
181
329
15
83
10
5
113
11
62
28
5
13
22
9
57
172
152
47
117
42
141
4K
545
8
2
1
7
67
85
14
17
41
10
32
10
1
7
1
19
10
233
5
248
4
14
26
44
1,809
(50-99)
24
1
71
4
8
1
109
1
102
93
196
8
59
9
2
78
6
24
24
6
5
25
5
15
110
81
41
52'
23'
112
in
339
6
4
2
4
39
55
15
a
29
2
54
3
1
2
1
7
6
119
125
6
6
12
1,085
(100-249)
22
2
47
11
8
2
92
7
71
69
147
10
44
8
5
6?
5
7
18
10
7
22
12
20
101
76
36
40
13
98
23
286
6
2
' 9
' 26
43
4
5
16
6
31
3
1
2
6
5
93
98
1
2
3
6
877
(250-499) (500-999) (1000-2499) (2500-Over)
2
3
12
3
3
2
25
2
15
15
32
5
18
9
1
33
3
4
2
3
2
a
3
Q
34
16
20
16
6
30
5
93
8
1
6
15
2
1
3
1
7
1
1
20
20
-
-
260
4
3
5
2
2
1
17
8
5
13
1
8
2
11
3
2
1
3
2
1
5
17
4
8
3 •
16
1
32
1
1 '
1
3
1
1
2
1
1
6
6
-
-
102
1
5
1
7
2
1
2
5
2
5
4
11
2
1
2
1
1
3
1
12
4
4
1
12
21
1
2
2
5
3
1
1
5
5
5
-
-
71
1
1
-
-
1
1
1
2
1
4
1
6
-
-
1
1
2
1'
1
_
-
_
-
13
Total
203
30
464
51
90
17
855
31
656
876
1.563
3
81
462
75
26
647
69
321
154
58
47
156
65
1.006
665
279
483
198
772
203
2.600
54
37
18
75
379
563
67
.83
183
31
364
72
4
6
12
38
3
135
56
1.268
11
8
1.343
3
13
70
109
195
9,271
' U.S. Department of Commerce, 1976.
K-ll
-------
TABLE K-ll
UNITED STATES DISTRIBUTION OF MANUFACTURING FIRMS BY
SIZE FOR STANDARD INDUSTRIAL CLASSIFICATION 31 -
LEATHER AND LEATHER PRODUCTS *
Stace
Region I
Connecticut
Maine
Massachusetts
New Hampshire
Rhode Island
Vermont
Subtotal
Region II
Delaware
New Jersey
New York
Subtotal
Rejion III
District of Columbia
Maryland
Pennsylvania
Virginia
West Vtrcinia
Subtotal
Region IV
Alabama
Florida
Georgia
Kentucky
Mississippi
North Carolina
South Carolina
Tennessee
Subtotal
Region V
Illinois
Indiana
Michigan
Minnesota
Ohio
Wisconsin
Subtotal
Region VI
Arkansas
Louisiana
New Mexico
Oklahoma
Texas
Subtotal
Region VII
Iowa
Kansas
Missouri
Nebraska
Subtotal
Region VIII
Colorado
Montana
North Dakota
South Dakota
Utah
Wvoraing
Subtotal
Region IX
Arizona
California
Hawaii
Nevada
Subtotal
Res ion X
Alaska
Idaho
Oregon
Washington
Subtotal
Total
U-4)
5
16
92
8
7
2
130
35
204
239
2
25
5
2
34
3
24
6
3
4
16
2
16
74
31
9
10
4
25
13
92
1
4
6
51
62
3
8
18
1
30
8
1
1
1
1
1
13
11
82
2
95
4
14
4
22
791
(5-9)
4
5
52
13
1
75
17
132
149
3
16
1
20
11
1
1
5
2
3
23
12
3
2
4
7
11
39
1
3
2
3
22
31
l'
1
6
1
9
5
5
39
2
41
4
3
7
399
(10-19)
2
6
47
5
3
63
18
118
ns
2
11
2
1
16
8
4
3
1
7
2
2
27
17
3
3
7
9
39
1
5
10
16
5
9
14
2
1
2
5
2
26
3
31
2
4
6
353
(20-49)
4
20
79
9
10
1
153
30
168
199
3
40
2
1
46
1
10
4
2
1
4
1
17
35
14
4
4
4
7
15
48
1
1
2
21
25
4
13
2
19
3
2
5
4
23
1
28
3
4
2
9
536
(50-99)
5
12
44
11
2
74
1
16
99
11S
2
26
1
2
31
8
2
2
1
10
23
16
5
4 '
5
IS
45
' 1
5
10
16
4
1
22
27
2
2
14
14
-
-
348
Size of Firm
(100-249)
4
25
45
23
3
1
101
18
71
89
7
47
6
2
62
2
6
3
7
5
8
31
18
1
4
2
3
28
56
9
1
1
' 8
19
2
1
22
25
1
1
16
16
1
1
401
(250-499)
27
25
18
1
71
1
6
25
32
3
26
8
4
41
3
8
7
3
4
28
53
12
4
6
3
8
14
47
14
1
1
16
35
35
-
-
6
6
-
-
301
(500-999) (1000-2499) (2500-Over)
1 - -
5 1 -
5 2 -
2
1
14 3
1 - -
2 -
3 - -
6 - -
6 - -
6 -
1 -
1 - -
1 - -
2 - -
2 - -
1 - -
in -
18 - -
1
1 - -
1 - -
1 1 -
f, -
9 2
3 - -
2 - -
5 -
7 - -
7 - -
1
5
1 5
1 - -
1 - -
-
-
66 65
Total
25
117
391
39
25
7
654
3
142
820
965
22
197
24
13
256
7
71
29
24
12
44
8
so
284
121
29
30
22
64
111
?77
31
9
7
18
12S
190
19
11
132
A
166
21
1
6
3
5
1
37
17
207
8
232
7
24
14
45
3,206
*U.S. Department of Commerce, L976.
K-12
-------
TABLE K-12
UNITED STATES DISTRIBUTION OF MANUFACTURING FIRMS BY
SIZE FOR STANDARD INDUSTRIAL CLASSIFICATION 32 -
STONE, CLAY, AND GLASS PRODUCTS*
Stace
Region I
Maine
New Hampshire
Rhode Island
Vemonc
Subtotal
Region £1
D a laua re
New Jersey
New York
Subtotal
Region III
District of CoLunbia
Maryland
Pennsylvania
Virginia
Was: Virginia
Subtotal
R_gion IV
Alabana
Florida
Georgia
Kentucky
Mississippi
North Carolina
South Carolina
Subtotal
Region V
Illinois
Indiana
Michigan
Minnesota
Ohio
Wisconsin
Subtotal
Region VI
Arkansas
Louisiana
New Mexico
Oklahoma
Texas
Subtotal
Region VII
Iowa
Kansas
Missouri
Nebraska
Subtotal
Region VIII
Colorado
Montana
North Dakota
South Dakota
Utah
Wvominn
Subtotal
Region IX
Arizona
California
Hawaii
Nevada
Subtotal
Region X
Alaska
Idaho
Oregon
Washington
Subtotal
Total
*U.S. Department of Com
Size of firm
(1-4)
54
16
96
28
19
37
2*0
11
164
319
494
2
52
254
55
50
413
93
226
113
80
39
115
40
92
80A
235
150
239
U9
285
157
1,185
73
70
28
99
294
564
129
78
134
55
396
88
32
30
32
36
20
238
55
483
17
16
571
11
31
77
99
218
5.133
merce, 1976.
(5-9)
30
10
55
12
10
25
142
2
79
189
270
30
146
44
18
238
49
97
76
38
29
72
23
a
434
ISO
.91
131
82
152
88
694
34
44
18
38
12 0_
254
76
41
79
27
223
36
21
12
11
12
9
101
29
245
6
7
287
5
11
46
45
107
2,750
(10-19)
41
15
72
5
8
25
166
4
92
179
275
2
31
159
60
19
271
60
95
82
43
30
55
30
43
443
157
94
135
72
193
84
735
36
34
' 16
46
145
277
52
29
74
23
178
33
16
8
9
17
6
89
28
252
6
7
293
6
16
44
40
106
2,833
(20-49)
46
15
50
14
8
25
158
13
123
144
280
45
187
70
31
333
61
149
108
48
34
84
31
64
579
144
78
131
46
200
67
666
26
35
15
37
172
285
41
41
65
27
174
33
7
11
11
17
10
89
27
267
7
15
316
1
12
23
36
72
2,952
(50-99)
18
3
22
4
4
5
56
1
41
66
108
1
20
74
30
21
146
22
59
31
7
14
32
15
26
206
49
39
36
29 '
80
12
245
8
24
1
~ 7
67
107
11
5
15
6
37
15
4
2
2
12
5
40
13
95
4
4
116
1
3
4
17
25
1,086
(100-249)
12
1
14
6
4
37
2
42
41
85
1
14
74
22
20
131
18
25
28
12
20
26
11
19
159
33
21
17
5
82
7
165
10
8
3
'10
'63
94
13
10
24
3
50
9
1
2
1
6
19
11
54
1
4
70
1
8
7
16
326
U50-499)
1
2
1
1
5
14
16
30
4
31
2
11
48
2
5
6
5
1
4
2
1
26
23
13
6
3
21
4
70
2
6
8
20
36
2
• 1
3
1
7
3
3
1
31
1
33
1
1
259
(500-999) (1000-2499) (2500-Over) Total
1
1
1
2
5
5
9
14
2
21
1
7
31
1
4
3
4
1
3
3
6
25
7
8
6
14
1
36
3
1
4
2
2
4
-
-
11
11
2
132
1
1
2
7
1
a
2
3
4
9
1
1
2
2
6
4
3
2
5
14
-
0
1
2
3
1
1
3
3
-
-
46
204
60
1 314
70
52
122
1 822
33 '
1 568
1 965
2 i
-------
TABLE K-13
UNITED STATES DISTRIBUTION OF MANUFACTURING FIRMS BY
SIZE FOR STANDARD INDUSTRIAL CLASSIFICATION 33 -
PRIMARY METAL INDUSTRIES *
State
Region I
Maine
Massachusetts
New Hanpshira
Rhode Island
Vermont
Subtotal
Region II
Delaware
New Jersey
Sew Vork
Subtotal
Res ion [II
District of Columbia
Maryland
Pennsylvania
Virginia
Vest Virginia
Subtotal
5-glon IV
Alabar-a
Florida
Georgia
Kentucky
Mississippi
North Carolina
South Carolina
Tennessee
Subtotal
Region V
Illinois
Indiana
Michigan
Minnesota
Ohio
Wisconsin
Subtotal
Region VI
Arkansas
Louisiana
New Mexico
Oklahoma
Texas
Subtotal
Region VII
Iowa
Kansas
Missouri
Nebraska
Subtotal
Region VIII
Colorado
Montana
North Dakota
South Dakota
Utah
Wyoming
Subtotal
Region IX
Arizona
California
Hawaii
Nevada
Subtotal
Region X
Alaska
Idaho
Oregon
Washington
Subtotal
Total
*U.S. Department of Con
Size of Firm
(1-4)
40
4
40
4
28
3
119
1
64
101
166
15
91
2
6
114
16
29
11
12
3
12
9
10
108
88
43
104
22
101
11
389
5
5
4
11
55
80
• 5
8
21
3
37
19
2
1
a
i
31
14
157
1
5
177
3
14
20
3?
1,258
merce, 1976.
(5-9)
21
1
38
1
19
80
44
69
113
6
61
2
5
74
14
10
7
5
7
3
7
53
55
24
54
12
60
11
227
4
33
37
11
3
10
4
28
9
4
13
3
90
1
94
1
9
7
17
736
(10-19)
31
2
38
6
11
SB
1
43
74
Itf
9
72
9
4
94
8
13
9
1
2
10
1
8
52
73
37
82
21
87
76
326
4
2
31
37
7
5
19
1
32
10
1
4
15
3
117
l
121
2
5
11
18
901
(20-49)
38
3
50
8
21
3
171
1
56
93
150
5
100
8
6
119
26
19
16
8
3
14
10
19
115
131
48
131
21
126
sn
507
4
5
1
16
53
79
12
17
15
4
. 48
10
2
2
4
18
6
157
163
1
9
15
25
1,347
(50-99)
26
1
27
5
7
1
67
2
47
41
90
4
68
6
4
.82
14
9
9
10
8
9
4
18
81
79
38
65
18
86
11
319
1
4
2
6
32
45
13 '
7
20
2
42
6
1
6
13
8
93
1
102
9
9
18
859
(100-249)
24
1
23
2
6
1
57
4
43
51-
98
9
85
9
7
110
26
12
12
12
7
11
5
14
99
81
37
52
11 -
92
30
303
17
4
1
9
'18
49
11
7
25
2
45
3
2
5
3
74
1
78
10
9
19
863
(250-499)
15
1
12
3
7
2
40
22
20
42
2
55
3
2
62
18
2
5
12
2
3
3
13
58
29
21
30
4
48
19
151
4
3
2
15
2J
4 .
a
2
14
1
2
3
5
17
2
24
1
4
5
10
428
(500-999) (1000-2499) (2500-Over)
8
3
1
2
14
7
17
24
2
26
2
4
34
9
5
2
1
3
20
14
12
18
2
24
11
31
2
1
2
6
11
' 1
4
5
3
1
4
4
7
11
1
1
6
8
212
3
3
1
4
6
11
4
16
2
3
25
5
4
1
1
2
13
a
13
7
16
7
46
2
5
7
1
1
1
1
1
3
4
2
3
5
116
2
2
1
1
1
20
1
... 2j
4
1
1
6
11
4
7
13
35
2
2
1
1
2
1
1
1
3
2
2
-
-
75
Total
206
13
231
30
103
10
393
10
330
473
813
57
594
43
42
734
140
94
73
67
25
69
36
101
SOS
569
277
550
111
653
224
2.584
33
28
8
52
250
371
• 65-
47
123
19
254
59
12
3
31
1
106
47
717
3
9
778
9
63
35
157
6,795
K-14
-------
TABLE K-14
UNITED STATES DISTRIBUTION OF MANUFACTURING FIRMS BY
SIZE FOR STANDARD INDUSTRIAL CLASSIFICATION 34 •
FABRICATED METAL PRODUCTS *
State
Region I
Connecticut*
Maine
Massachusetts
Nev Hampshire
Rhode Island
Vermont
Subtotal
Region II
Delaware
New Jersey
Sew York
Subtotal
Region [11
District of Columbia
Maryland
Pennsylvania
Virginia
Wast Virginia
Subtotal
R.jlon IV
Alabaaa
Florida
Georgia
Kentucky
Mississippi
North Carolina
South Carolina
Tennessee
Subtotal
Region V
Illinois
Indiana
Michigan
Minnesota
Ohio
Wisconsin
Subtotal
Region VI
Arkansas
Louisiana
Nev Mexico
Oklahoma
Texas
Subtotal
Region VII
Iowa
Kansas
Missouri
Nebraska
Subtotal
Region VIII
Colorado
Montana
North Dakota
South Dakota
Utah
Wyontina
Subtotal
Region IX
Arizona
California
Hawaii
Nevada
Subtotal
Region K
Alaska
Idaho
Oregon
Washington
Subtotal
Total
(1-4)
260
25
332
28
134
13
702
10
427
803
1,240
8
75
476
66
26
651
89
295
110
66
27
106
51
1»1
885
1,197
191
522
129
513
210
2.762
49
70
23
128
485
755
63
66
159
34
322
91
13
7
51
35
5
202
52
1.160
15
9
1.236
4
15
106
135
260
9,105
(5-9)
145
13
194
18
80
a
458
6
274
491
771
4
45
254
18
12
333
52
140
46
32
a
47
28
49
402
536
106
367
62
295
108
1.474
14
26
7
45
199
W
' 41
34
78
14
167
37
4
3
28
16
2
90
37
613
6
6
662
4
5
37
55
101
4,749
(10-19)
165
8
195
16
44
5
433
8
285
461
758
3
46
285
42
11
387
42
135
53
32
23
52
13
47
397
531
106
413
75
327
120
1.572
25
33
6
37
202
303
33
34
109
13
189
29
2
5
13
24
1
74
28
642
2
4
676
1
7
41
61
UP
4,899
(20-49)
193
12
232
17
66
4
524
9
291
455
755
1
65
375
47
19
507
60
133
86
50
29
77
38
80
553
444
199
504
102
477
127
1.853
25
30
4 •
66
275
400
41
49
123
21
234
46
6
4
38
24
3
121
36
669
7
6
718
14
58
57
129
5,794
(50-99)
81
3
92
6
22
204
4
132
711
347
2
25
211
30
14
282
36
73
35
31
18
41
17
36
287
180
33
223
59'
257
62
864
15
23
5
21
120
184
21
27
40
10
98
20
3
17
14
54
7
263
2
1
273
4
26
27
57
2,650
Size of Fina
(100-249)
67
4
58
9
15
1
154
1
84
131
216
1
26
131
24
13
195
33
47
36
30
18
33
13
37
247
159
78
166
30
189
56
678
18
12
2
' 19
'112
163
25
18
35
10
88
13
1
13
4
31
2
176
1
179
14
8
22
1.973
(250-499)
16
1
19
2
3
41
1
28
39
68
6
65
11
6
88
16
11
10
15
8
9
6
16
91
66
42
46
9
65
26
256
10
2
8
35
55
8
1
19
2
30
2
6
2
10
4
52
1
57
1
3
4
8
704
(500-999) (1000-2499) (2500-Over)
11
1
11
1
24
5
12
17
3
25
2
30
4
4
5
3
1
3
2
7
2$
38
15
11
6
39
13
122
3
2
3
10
18
4
9
3
16
2
2
4
17
17
1
i
278
10
3
1
14
5
5
10
1
9
0
1
11
1
1
1
2
5
24
3
2
2
9
6
46
2
1
4
7
• 1
1
1
3
1
1
6
6
-
0
103
-
0
1
1
2
1
1
1
1 "
9
3
11
2. ,
7
2
34
1
1
2
1
. 2
3
1
1
-
0
-
0
44
Total
948
67
1,136
96
365
32
2,644
39
1,532
2.613
4,184
19
292
1,832
238
104
2,485
333
838
381
260
133
368
168
416
2,857
3,184
826
2,267
476
2,178
730
9,661
159
201
47
328
1,443
2,178
238
230
574
108
1.150
242
28
20
168
119
11
588
166
3.598
33
3,824
9
46
286
347
688
30,299
*U.S. Department of Commerce, 1976.
K-15
-------
TABLE K-15
UNITED STATES DISTRIBUTION OF MANUFACTURING FIRMS BY
SIZE FOR STANDARD INDUSTRIAL CLASSIFICATION 35 -
MACHINERY EXCEPT ELECTRICAL*
State
Region I
Connecticut
Maine
Sew Hampshire
Rhode Island
Vermont
Subtotal
Region II
Delaware
New Jersey
New York
Subtotal
Rejion III
District of Columbia
Maryland
Pennsylvania
Virginia
Kest Virginia
Subtotal
R-Sion IV
Alaba-a
Florida
Georgia
Kentucky
Mississippi
North Carolina
South Carolina
Tennessee
Subtotal
Kegiou V
Illinois
Indiana
Michigan
Minnesota
Ohio
Wisconsin
Subtotal
Region VI
Arkansas
Louisiana
New Mexico
Oklahoma
Texas
Subtotal
Region VII
Iowa
Kansas
Missouri
Nebraska
Subtotal
Region VIII
Colorado
Montana
North Dakota
South Dakota
Utah
Wvotning
Subtotal
Region IX
Ari-ona
California
Hawaii
Nevada
Subtotal
Region X
Alaska
Idaho
Oregon
Washington
Subtotal
Total
(1-4)
504
36
595
57
120
26
1.338
24
831
1,202
2,057
3
135
855
139
64
1.196
155
450
217
119
66
247
125
194
1.563
1,197
471
1,217
335
1,290
411
4.921
113
121
57
232
887
1.410
165
211
321
86
783
152
29
22 -
25
62
17
307
123
2,524
14
28
2,689
11
54
184
228
477
16.741
(3-9)
252
16
280
27
55
11
641
a
377
546
921
2
40
354
42
34
472
64
139
71
41
25
114
30
U
555
536
201
690
140
517
195
2.279
31
48
16
59
331
485
• 63
63
154
35
315
68
5
12
5
16
9
115
48
950
6
4
1,008
6
15
73
81
175
6,976
(10-19)
196
9
228
24
41
6
504
11
344
442
797
3
37
366
48
22
476
50
113
85
58
28
102
35
79
550
531
197
748
109
578
212
2.375
24
53
22
74
282
455
72
50
104
27
253
42
2
10
1
20
5
80
38
820
5
1
864
3
3
58
57
121
6.475
(20-49)
158
9
212
18
29
10
436
7
269
353
629
3
45
322
43
25
438
35
111
57
39
15
80
36
75
448
* 444
178
635
138
445
219
2.059
26
43
11
49
245
374
78
58
103
24
203
39
6
4
9
10
68
32
615
1
5
653
1
10
54
57
122
5,490
(50-99)
48
7
99
18
5
3
180
1
87
140
228
1
20
139
23
15
198
14
32
24
22
10
45
17
20
184
180
83
185 '
56 '
202
95
801
7
11
2
27
92
139
40
33
49
18
140
18
4
4
10
1
37
14
211
1
3
229
4
24
24
52
2,188
Size of Firm
(100-249)
33
5
36
6
12
6
116
1
55
78
134
12
114
14
5
145
14
16
25
15
10
29
22
20
151
159
54
148
58
168
62
649
10
13
' 27
• 74
124
40
21
28
6
95
17
2
3
3
2
27
2
130
1
1
134
13
9
22
1,597
(250-499)
23
22
5
2
6
58
30
32
62
7
44
6
1
58
6
6
3
11
4
17
11
12
70
66
29
40
21
71
33
260
5
3
10
38
56
13
9
10
3
35
4
3
4
1
12
4
44
48
4
6
10
669
(500-999) (1000-2499) (2500-Over)
13
1
19
5
1
2
41
1
12
22
35
5
26
1
2
34
2
2
3
6
6
8
5
6
38
38
21
25
11
45
26
166
3
1
1
5
11
21
7
3
4
3
17
3
1
4
2
24
26
2
3
5
387
5
12
1
2
20
1
7
16
24
1
13
1
15
2
2
1
2
4
5
16
24
7
13
6
25
15
90
4
7
11
7
3
7
1
18
1
2
3
8
8
1
1
206
3
2
5
1
9
10
2
5
7
1
4
1
1
7
9
1
3
3
6
5
27
2
-. ?
2
2
1
1
1
4
5
-
-
66
Total
1,235
83
1,525
161
267
68
3.339
54
2,013
2.840
4.907
12
304
2,238
317
168
3.039
340
871
488
316
164
645
285
i71
3.582
3,184
1,242
3,704
877
i-.m
13.627
219
293
109
487
1,969
3.077
• 487
451
780
203
1 Q71
345
42
55
5'0
127
35
654
264
5,330
28
42
5.664
21
86
413
465
985
40,795
*U.S. Department of Commerce, 1976.
K-16
-------
TABLE K-16
UNITED STATES DISTRIBUTION OF MANUFACTURING FIRMS BY
SIZE FOR STANDARD INDUSTRIAL CLASSIFICATION 36 -
ELECTRIC AND ELECTRONIC EQUIPMENT*
State
Region I
Connecticut
Maine
Massachusetts
New Hanpshire
Rhode Island
Vermont
Subtotal
Region [I
Delaware
New Jersey
New York
Subtotal
Region [II
District of Colunbia
Maryland
Pennsylvania
Virginia
West Virginia
Subtotal
Region IV
Alabama
Florida
Georgia
Kentucky
Mississippi
North Carolina
South Carolina
Subtotal
Region V
Illinois
Indiana
Michigan
Minnesota
Ohio
Wisconsin
Subtotal
Region VI
Arkansas
Louisiana
(leu Mexico
Oklahonu
Texas
Subtotal
Region VII
Iowa
Kansas
Missouri
Nebraska
Subtotal
Region VIII
Colorado
Montana
North Dakota
South Dakota
Utah
Wvotatns
Subtotal
Region IX
Arizona
California
Hawaii
Nevada
Subtotal
Region X
Alaska
Idaho
Oregon
Washington
Subtotal
Total
Size of Flrn
(1-4)
95
4
158
18
12
5
292
3
238
479
720
2
31
174
31
11
249
22
127
36
18
9
36
7
60
315
218
67
123
53
147
58
666
14
16
13
27
1B9
259
14
24
48
a
94
44
2
1
2
18
1
68
37
725
7
7
776
2
4
33
58
97
3,536
(5-9)
39
2
71
14
4
2
132
2
119
J21
342
3
22
71
21
4
121
7
48
14
6
2
16
3
14
110
112
22
62
33
48
26
303
4
10
7
12
49
82
8
7
15
&
34
19
1
1
8
1
30
13
326
2
3
344
2
22
22
46
1,544
(10-i?)
51
1
76
4
13
145
1
111
210
322
1
18
74
12
1
106
9
39
12
4
1
10
2
19
96
116
24
54
18
66
23
301
2
4
4
11
62
83
2
9
15
7
33
16
1
1
5
23
16
312
2
330
7
12
19
1,458
(20-49)
67
4
127
10
12
1
221
4
160
249
413
1
25
100
13
1
140
13
52
14
12
5
14
7
21
138
169
39
75
29
84
42
418
9
7
5
15
79
115
8
15
32
f,
SI
14
2
5
21
13
365
1
383
18
18
36
1,966
(50-99)
42
1
76
6
6
1
132
2
89
146
237
14
97
5
2
118
10
29
8
7
6
11
4
9
84
125
20
47
26-
67
32
117
4
2
3
7
35
51
7
2
23
f,
38
11
1
3
15
4
218
222
9
7
16
1,230
(100-249)
39
5
57
8
7
2
118
82
138
220
1
14
78
21
7
121
8
29
10
14
11
16
9
19
116
105
51
35
20
72
37
1?n
14
1
4
8
' 36
63
9
5
24
6
44
6
1
3
10
12
174
2
188
1
7
3
11
1,211
(250-499)
18
5
33
6
3
1
66
2
37
53
92
1
7
50
11
3
ii
2
15
10
7
10
17
12
19
92
55
16
11
13
41
19
155
6
3
1
4
17
31
-7
3
18
2
30
1
2
3
6
1
77
1
79
1
1
1
3
626
(500-999)
16
1
15
5
2
2
41
16
32
48
5
28
5
2
40
5
12
1
15
7
15
5
13
73
32
21
5
5
18
14
OS
8
1
2
1
7
19
3
11
3
17
-
-
3
33
36
1
2
3
372
(1000-2199) (2500-Over)
6
2
9
2
2
21
11
17
28
3
20
6
1
3o
2
3
4
2
3
5
2
7
iSL
24
11
5
3
26
7
7fi
4
4
8
3
1
3
7
1
1
2
1
20
2i
-
o
221
1
5
1
7
6
13
19
3
8
2
13
1
2
4
2
1
10
12
11
3
5
2
13
1
1
3
5
2
2
1
5
1
1
3
8
U
-
Q
104
Total
374
25
627
73
61
15
1.175
14
869
1.558
2.441
9
142
700
127
32
1,010
79
356
109
89
54
142
51
132
' ""
968
282
420
200
574
260
2 70A
65
45
39
86
481
716
63
66
191
43
isl
113
6
3
6
46
2
17fi
103
2,258
9
20
ZJSO
2
8
98
123
231
12,268
*U.S. Department of Commerce, 1976.
K-17
-------
TABLE K-17
UNITED STATES DISTRIBUTION OF MANUFACTURING FIRMS BY
SIZE FOR STANDARD INDUSTRIAL CLASSIFICATION 37 -
TRANSPORTATION EQUIPMENT *
Region I
Connecticut
Maine
Massachusetts
New Hampshire
Rhode Island
Vermont
Subtotal
Region II
Delaware
New Jersey
Sew York
Subtotal
Region III
District of Columbia
Maryland
Virginia
West Virginia
Subtotal
Region IV
Alabama
Florida
Georgia
Kentucky
Mississippi
North Carolina
South Carolina
Tennessee
Subtotal
Region V
Illinois
Indiana
Michigan
Minnesota
Ohio
Wisconsin
Subtotal
Region VI
Arkansas
Louisiana
New Mexico
Okla homa '
Texas
Subtotal
Region VII
Iowa
Kansas
Missouri
Nebraska
Subtotal
Region VIII
Colorado
Montana
North Dakota
South Dakota
Utah
Wyoming
Subtotal
Region IX
Arizona
California
Hawaii
Nevada
Subtotal
Region X
Alaska
Idaho
Oregon
Washington
Subtotal
Total
(1-4)
42
33
61
7
14
3
160
7
82
146
235
51
48
6
177
36
236
46
19
12
54
17
51
471
73
95
155
62
117
so
552
31
59
14
54
?PJ
365
28
49
64
X5
Iff
31
14
6
10
22
3
86
33
546
3
2
534
7
19
72
105
203
2,989
(5-9)
20
12
33
4
4
73
1
38
60
99
12
14
3
68
19
76
19
13
4
12
8
21
172
30
43
60
22
38
71
216
14
18
4
15
73
lif
11
19.
23
5
$8
12
4
2
4
8
2
32
16
203
1
4
224
4
6
16
27
53
1,119
(10-19)
20
9
20
3
2
54
1
27
53
81
1
14
15
3
68
11
72
26
4
12
14
6
15 -
160
40
50
60
18
35
11
216
13
21
2
24
72
132
13
21
21
2
57
11
2
1
4
9
1
28
13
204
2
3
222
1
3
22
32
58
1,076
(20-49)'
26
9
35
3
10
2
RS
1
37
63
101
8
8
7
74
15
80
30
7
12
17
20
23
204
48
63
96
25
74
74
330
15
27
2
22
77
14J
17
27
27
6
77
13
2
1
1
7
2
26
16
228
244
1
5
21
35
62
1,346
S
(50-99)
14
3
14
3
1
35
1
17
37
55
11
9
4
53
14
42
15
8
12
6
5
12
114
21
51
60
9 '
52
77
215
4
13
4
12
51
84
9
18
18
4
49
5
1
3
1
10
6
148
1
1
156
1
12
11
24
795
lize of Firm
(100-249)
13
1
6
2
22
2
22
32
56
3
8
41
14
29
6
10
4
12
4
16
95
31
38
51
7
51
is
193
7
13
6
' 34
bu
12
11
16
2
41
6
1
6
13
5
115
1
121
8
14
22
664
(250-499)
4
1
4
2
2
1
14
4
10
14
2
7
24
7
13
6
4
2
8
2
5
47
22
37
29
4
21
5
118
6
12
2
1?
JV
4
2
8
14
3
2
5
41
41
1
6
8
15
331
(500-999) (
3
1
1
5
5
7
12
3
1
17
6
8
4
1
1
2
11
33
8
13
21
3
23
3
71
1
6
2
6
IS
3
4
4
11
2
2
19
19
1
1
1
3
188
;iOOO-2499)
5
3
a
4
4
3
2
1
16
3
4
2
2
1
3
15
5
6
20
2
15
1
49
1
1
• 1
2
6
ll
4
4
2
?
18
IB
1
4
5
132
(2500-Over)
7
1
3
11
2
4
6
12
2
1
9
1
2
4
1
1
2
11
3
11
36
19
5
74
1
4
5
1
5
8
14
1
i
2
22
24
3
3
164
Total
154
69
179
20
37
8
4fi7
15
236
418
669
1
109
112
25
547
126
562
156
69
61
125
64
159
1,322
281
407
588
152
445
161
2.034
92
171
27
139
549
m
95
155
193
38
481
84
23
11
22 '
57
8
205
91
1.544
8
10
l,t?3
13
36
159
240
448
8,804
*U.S. Department of Commerce, 1976.
K-18
-------
TABLE K-18
UNITED STATES DISTRIBUTION OF MANUFACTURING FIRMS BY
SIZE FOR STANDARD INDUSTRIAL CLASSIFICATION 38 -
INSTRUMENTS AND RELATED PRODUCTS*
Region I
Connecticut
Maine
Massachusetts
New Hampshire
Rhode Island
Vermont
Subtotal
Region II
Delaware
New Jersey
Sew York
Subtotal
Region III
Mar /land
Pennsvlvania
Virginia
W«s VlrzinU
Subtotal
Region IV
Alabama
Florida
Georsia
Kentucky
Mississippi
North Carolina
South Carolina
Tennessee
SubcocaL
Region V
Illinois
Indiana
Michigan
Minnesota
Ohio
Wisconsin
Subtotal
Region Vt
Arkansas
Louisiana
New Mexico
Oklahoma
Texas
Subtotal
Region VII
Iowa
Kansas
Missouri
Nebraska
Subtotal
Region VIII
Colorado
Montana
North Dakota
South Dakota
Utah
Uvominct
Subtotal
Region IX
Arizona
California
Hawaii
Nevada
Subtotal
Res ion X
Alaska
Idaho
Oregon
Washington
Subtotal
Total
*U.S. Department of Cora
(1-4)
43
5
109
14
9
6
186
8
124
283
415
34
118
20
7
184
15
71
22
12
6
22
6
19
173
138
38
68
46
98
33
421
3
12
5
29
103
152
24
20
32
10
«/,
31
5
4
2
17
3
62
22
421
1
3
447
2
4
21
25
52
2,178
nerce. 1976.
(5-9)
27
3
66
2
3
101
1
56
148
205
13
51
15
4
85
7
29
4
7
2
6
3
63
61
13
39
15
36
l?
176
3
3
3
9
33
51
4
5
12
2
71
9
2
1
6
18
7
171
2
180
1
13
17
31
933
(10-19)
18
44
4
5
2
73
2
59
IIS
176
13
59
2
1
75
2
21
11
9
4
i
51
61
17
22
12
42
10
164
2
5
2
40
. 49
4
5
11
6
26
10
7
17
4
156
2
162
1
1
5
5
12
805
(20-49)
33
2
56
6
4
3
104
1
62
111
182
14
58
10
1
85
6
14
7
1
1
8
1
40
58
13
31
18
51
11
182
4
1
11
«
49
5
8
20
2
«
7
2
2
11
6
163
169
8
12
20
877
(50-99)
14
1
22
4
3
1
45
39
64
103
6
30
4
1
41
2
8
3
2
1
3
s
24
36
7
13
2 '
26
11
95
2
1
17
20
1
2
3
6
6
1
2
9
2
76
1
1
80
5
2
7
430
Size of Firn
(100-249)
24
1
20
4
4
1
54
26
67
93
3
24
5
2
34
3
8
1
2
2
4
3
3
A
31
12
18
9
23
f,
99
2
1
3
3
' 10
19
3
2
11
3
19
4
1
5
3
58
1
62
4
2
6
417
(250-i99)
13
13
4
3
1
34
3
6
20
29
4
15
1
1
21
2
2
5
7
1
3
20
12
6
5
1
8
2
34
3
3
1
3
2
6
2
1
3
21
21
-
0
171
(500-999)
7
9
1
1
19
7
7
14
6
• 6
1
3
3
4
3
1
13
13
5
3
6
S
32
1
1
2
2
1
2
5
1
1
9
9
3
3
105
(1000-2499)
2
5
1
2
10
4
8
12
6
6
1
1
1
3
3
1
3
1
13
2
2
-
-
4
4
1
7
8
1
1
59
(2500-Over)
2
2
4
2
2
-
-
2
1
3
1
1
-
-
-
-
1
1
1
1
14
local
181
12
346
39
34
15
627
15
383
835
1J3S
87
369
57
17
539
36
156
51
32
13
61
20
46
415
420
111
197
107
293
91
1219
14
26
12
54
242
348
44
42
93
27
206
74
9
5
4
33
5
130
45
1,083
6
5
1,139
3
6
58
66
133
5,989
K-19
-------
TABLE K-19
UNITED STATES DISTRIBUTION OF MANUFACTURING FIRMS BY
SIZE FOR STANDARD INDUSTRIAL CLASSIFICATION 39 -
MISCELLANEOUS MANUFACTURING INDUSTRIES *
State
Region I
Connecticut
Maine
Massachusetts
New Harapshtre
Rhode Island
Vermont
Subtotal
Region II
Delaware
New Jersey
New York
Subtotal
Region III
District of Colurr-bia
Maryland
Pennsylvania
Virginia
West Virginia
Subtotal
Region IV
Alabar.a
FloriJj
Georgia
Kentucky
Mississippi
North Carolina
South Carolina
Tennessee
Subtotal
Region V
Illinois
Indiana
Michigan
Minnesota
Ohio
Wisconsin
Subtotal
Region VI
Arkansas
Louisiana
New Mexico
Oklahoma
Texas
Subtotal
Region VII
Iowa
Kansas
Missouri
Nebraska
Subtotal
Region VIII
Colorado
Montana
North Dakota
South Dakota
Utah
Wyoming
Subtocal
Region IX
Arizona
California
Hawaii
Nevada
Subtotal
Region X
Alaska
Idaho
Oregon
Washington
Subtocal
Total
(1-4)
81
31
206
26
352
15
711
12
244
1.305
1,561
9
53
277
52
27
418
50
337
89
41
25
101
32
94
769
286
129
214
93
240
142
1.104
36
50
43
67
292
488
60
43
114
33
250
82
17
10
10
35
13
167
48
784
25
18
875
6
19
65
114
204
6,547
(5-9)
34
10
99
6
142
8
299
6
129
757
892
3
25
115
24
3
170
12
95
30
16
6
32
11
33
235
137
39
80
39
99
4S
439
10
17
9
25
10
160
21
21
43
10
95
34
8
3
7
17
4
73
20
314
12
4
350
1
7
28
44
80
2,793
(10-19)
38
5
78
6
91
1
219
5
102
574
681
4
15
75
15
4
113
20
58
23
11
10
22
9
22
175
101
33
61
32
79
36
34?
10
13
7
14
79
123
19
14
43
12
88
20
'1
2
1
5
2
31
15
240
9
11
275
2
3
15
25
45
2,092
(20-49)
47
6
88
5
111
ft
263
114
498
612
1
18
85
14
6
124
11
38
21
16
8
20
5
32
151
123
33
• 42
32
79
4n
349
10
9
4
11
61
95
20
4
42
q
75
16
2
2
3
6
29
9
188
5
5
207
2
18
27
47
1,952
(50-99)
15
1
46
3
57
s
127
58
204
262
1
11
44
9
1
66
5
15
6
8
1
10
4
18
67
67
15
15
14"
31
31
173
4
1
2
11
38
11
2
26
39
9
1
1
1
12
3
72
3
78
1
4
9
14
876
Size of Firm
(100-249)
17
1
37
4
34
•>
95
44
103
147
1
6
31 •
3
3
44
7
7
5
9
13
5
19
65
56
11
14
15
35
is
146
8
4
3
15
30
4
4
15
2
25
2
1
1
4
4
36
40
6
3
9
605
(250-499)
12
1
11
2
15
41
9
28
37
1
16
1
18
2
3
5
3
5
2
6
9
35
21
4
4
5
12
6
52
4
1
1
5
11
•5
1
3
9
3
3
6
9
1
10
1
1
220
(500-999)
5
4
6
15
7
2
9
7
1
8
1
2
1
2
2
2
2
12
6
4
1
1
1
13
2
1
3
2
1
3
-
-
7
7
-
-
70
(1000-2499) (2500-Over)
5
1
6
2
4
6
3 1
1
1
5 1
1
1
• j
4
1
1
1
2 _
9
-
-
; ;
-
-
-
i
i
-
-
28 2
—
Total
249
55
574
52
809
37
1.776
23
709
3.475
4.207
19
129
654
120
45
967
108
553
182
105
58
202
74
229
1,511
801
268
432
232
576
318
2.627
84
95
. 66
121
_S82
948
144
89
286
67
584
166
30
19
21
67
19
322
99
1,651
55
38
1,843
9
32
136
223
400
15,185
*U.S. Department of Commerce, 1976.
K-20
-------
APPENDIX L
BACKGROUND INFORMATION ON GROUNDWATER MOVEMENT AND CONTAMINATION
L.I Occurrence and Movement of Groundwater
The primary source of groundwater is percolating rainfall which
infiltrates through void spaces between soil particles and within
bedrock. As water infiltrates through the soil, it first passes
through the zone of aeration in which the void spaces are partially
filled by water held to soil particles by weak molecular bonding and
surface tension. It is in this zone that most of the processes which
comprise "natural filtering" occur. The remaining water continues
downward to the zone of saturation, where all void spaces are filled
with water. If the zone of saturation is sufficiently permeable to
yield economically significant amounts of groundwater, the formation
is considered to be an aquifer (Gary et al., 1972). Permeability is
defined as the capacity of porous rock, sediments, or soil for trans-
mitting fluids (Gary et al., 1972). Aquifers may be composed pf
either unconsolidated sediments, such as sand and gravel, or of por-
ous or fractured bedrock.
There are two major types of aquifers: unconfined or water
table aquifers and confined or artesian aquifers, as illustrated in
Figure L-l. Unconfined aquifers are generally shallow, and have no
continuous impermeable layers separating them from the ground sur-
face. The water is, therefore, under atmospheric pressure and is
free to rise and fall with changes in the volume of stored water.
L-l .
-------
V
to
RECHARGE AREA
Li II
WATER TABLE WELL
J
CROUND ARTESIAN WELL
PUMPING WATER
-i.TTr>L • TABLE WELL
—*• DIRECTION OF GROUND WATER MOVEMENT
V WATER LEVEL IN WELLS
1=1 SCREENING IN WELLS - EXCEPT FOR THESE SECTIONS, THE WELLS ARE
III SEALED FROM THE SURROUNDING ROCKS.
SOURCE: MODIFIED FROM TODD, 1959.
FIGURE L-!
UNCONFINED AND CONFINED AQUIFERS
-------
Since the recharge area for an unconfined aquifer is the entire land
surface above it, it is quite susceptible to pollution from landfill
leaching and from spills. Figure L-l also illustrates the water
table effects of a pumping well and a stream being supplied by
groundwater.
An artesian aquifer, on the other hand, is a completely satur-
ated formation bounded above and below by layers of relatively imper-
meable materials. These aquifers receive recharge in one or more
areas where the formation outcrops on the surface or is hydraulically
connected to an unconfined aquifer. (In their recharge areas all
aquifers are unconfined and are equally susceptible to pollution by
contaminated waters percolating down from the ground surface.) The
water in the confined or artesian section of the aquifer is at a
pressure related to the elevation of the water table in its recharge
area. This pressure is usually discussed in terms of the piezometric
surface (also called the potentiometric surface), which may be deter-
mined by the water levels in nonpumping wells open only to the arte-
sian aquifer. Where the piezometric surface is above the ground
level, artesian wells will flow.
A close relationship exists between surface water and ground-
water in unconfined aquifers. During periods of peak runoff when
stream flow and lake stages are at high levels, surface water bodies
often act as recharge areas for groundwater, while during periods of
low flow the surface water bodies may be entirely supported by
L-3 i
-------
groundwater discharges. As a result, the travel of contaminants in
water may be in either direction—into surface waters or into ground-
waters, depending on the relative height of the groundwater table as
compared to the surface water level. Thus, the direction of flow
varies as a function of seasonal rainfall, occurrence of droughts,
and local groundwater pumping.
Groundwater movement is governed by gravity as modified by the
structural characteristics and variations in permeability of the
aquifer in the zone of aeration. In permeable materials above uncon-
fined aquifers, water generally percolates straight down to the water
table. If the surface of the water table were horizontal and there
were no pumping wells, the water would remain essentially in place.
However, due to factors such as.sloping ground surface, variations in
the permeability of overlying materials, and differential recharge,
water tables usually have at least a slight slope, causing ground-
water to move down gradient (along the slope) to eventually discharge
in a spring or stream. Pumping wells also cause groundwater to move
by creating a cone of depression in the water table.
Rates of groundwater movement are influenced by the size of the
voids in earth materials and the degree to which the voids are inter-
connected. The permeability coefficient is the rate of flow of water
in gallons per day through a cross section of 1 square foot under a
unit hydraulic gradient at a standard temperature (Gary et al. 1972).
Good aquifers generally have permeabilities in excess of 10 gallons
L-4
-------
per day per square foot (Todd, 1959). The rate of groundwater move-
ment is governed by the permeability of the aquifer material and the
hydraulic gradient (a function of the slope of the water table or
piezometric surface defined as the rate of change of pressure head
per unit distance of flow (Gary et al., 1972)). Normal groundwater
velocities range from 5 feet per year to 5 feet per day, though much
higher rates have also been measured (Todd, 1959). It is apparent
that any groundwater contamination occurring in aquifers exhibiting
flows of even hundreds of feet per year might not be detected for
several years, by which time significant and possibly irreversible
damage may have occurred.
Sands and gravels generally have high coefficients of permeabil-
ity due to the large and well connected openings between individual
particles. Such deposits transmit water readily and are therefore
not generally suitable for landfills. Silts and clays, on the other
hand, generally have very low permeabilities. The permeability of
bedrock varies with the grain size, degree of cementation, and densi-
ties of fractures or joints. In general, sandstones are the most per-
meable rock types, though some sandstones are so fine grained and
well cemented that their permeabilities are negligible. Some vol-
canic materials are also highly permeable. Permeability in lime-
stone and other carbonate rocks is primarily a function of solution
channels and jointing (a system of parallel fractures or partings in
bulk rock without displacement and unrelated to bedding planes)
L-5
-------
(Gary et al., 1972), although some carbonate rocks derive their per-
meability from intergranular voids (Office of Solid Waste Management
Programs, 1977). Shales and highly crystalline igneous and metamor-
phic rocks are generally considered impermeable except where broken
by joints or faults.
L.2 Contamination of Groundwater
Careless handling and improper disposal of hazardous materials
has affected water quality either directly, through discharges or
spills into streams or burial below the groundwater table, or indi-
rectly, through contamination of runoff or of percolating ground-
water. Even deep aquifers may be contaminated by leakage of leach-
ates downward through improperly sealed wells or by contamination of
their recharge areas. Most water quality problems associated with
hazardous wastes are the result of groundwater contamination, with
surface water deterioration occurring later (if at all) due to
groundwater discharge of leachates.
. Leaching is the process of separation, dissolution, or selective
removal of soluble constituents from a material by the natural action
of percolating water (Gary et al., 1972). Thus, the potential for
leaching exists whenever water comes into contact with solid materi-
als. The character of the resultant leachate varies with time and
depends on the composition of the material; on environmental factors
such as pH, temperature, and oxidation potential; on the exposed
surface area of the material; and on the length of time the water is
in contact with the material.
L-6
-------
The various compounds identified by Dunlap et al. (1976) in
groundwater from a specific landfill well are listed in Table L-l.
As can be seen, most of these resulted from manufacturing processes
and probably leached from potentially hazardous waste streams. The
composition of leachates is extremely variable and quite site spe-
cific. Table L-2 summarizes the ranges of leachate compositions from
various sanitary landfills as compiled by Chian and DeWalle (1976).
Although some of the analyses may have been from sites receiving
little or no hazardous wastes, they are useful for depicting the
ranges of compositions which occur. Concentrations of some of the
parameters vary by as much as three orders of magnitude from one site
to another.
L.3 Transport and Natural Attenuation of Contaminants
The process of attenuation is, in some respects, the opposite of
leaching since it involves the precipitation and filtration of vari-
ous components of the leachate. However it also involves other pro-
cesses such as molecular adhesion, ion exchange with clay minerals,
and biological decomposition. The effectiveness of these processes
is governed by some of the same variables that affect leachate gener-
ation, particularly the pH, redox potential, temperature, particle
size, and permeability. In addition, the degree of attenuation is
greatly dependent on the composition of the soils, particularly with
respect to its clay content. Clay minerals have the capability to
immobilize contaminants in groundwater through ion exchange.
L-7 i
-------
TABLE L-l
COMPOUNDS IDENTIFIED IN GROUNDWATER FROM LANDFILL WELL*
Compound
Estimated
concentration,
ug/t
city
Fenchone 0.2
Camphor 0.9
2,6-Di-£-butylbenzequinone —
Diethyl phthalate 4.1
2,6-Di-£-amylbenzoquinone —
Dllsobutyl phthalate 0.1
Di-n-butyl phthalate
Butyearbobutoxymethyl phthalate
Butylbenzyl phthalate
Dlcyclohexyl phthalate 0.2
Dioctyl phthalatet 2.4
£*-Cresol 14.6
p_-Xylene 0.6
£-Xylene 0.9
Cyclophexanol 1.0
S-Ethyl-£-toluenesulfonamide O.lt
N-Ethyl-o-toluenesulfonamide —
C3 Alkylbenzeneat (2 compounds) —
Diacetone alcohol 10.9
Butoxyethano1 ' —
Ethyl carbamate
Flavoring. Present in paper mill's raw waste.
Plasticizer for cellulose esters and ethers,
moth and mildew preventive, flavoring. Neo-
plastic effects produced in rata.
Polymerization catalyst.
Plasticizer, solvent for cellulose acetate,
camphor substitute, perfume fixative, wetting
agent. Moderately toxic when ingested.
Polymerization catalyse.
Plasticizer.
Plasticizer, polymerization catalyst, oxldant.
Produces central nervous system effects.
Plasticizer.
Plasticizer for polyvinyl and cellulose resins.
Plasticizer for rubber, polyvinyl chlorides,
and other polymers.
Plasticizer for polyvinyl chlorides, and other
vinyls.
Constituent of creosote.
Raw material for manufacture of phthalic anhy-
dride, insecticides, motor fuels, dyes. Moder-
ately toxic.
Source of terephthalic acid for polyester resin
synthesis; manufacturing of insecticides. Mod-
erately toxic.
Manufacture of phenolic insecticides, lacquer
polishes, plastics, germicides, nylon.
Plasticizer. Moderately toxic.
Plasticizer. Moderately toxic.
American petroleum.
Solvent for cellulose acetate, various oils,
resins, dyes, tars, and waxes. Hydraulic com-
pression fluids, wood preservatives, and metal
cleaning.
Solvent for nitrocellulose resins, sprays,
lacquers, and enamels.
Solvent for various organics; solubilizer and
co-solvent for pesticides, fumigants, and
cosmetics. Carcinogenic.
L-8
-------
TABLE L-l (Concluded)
Compound
Estimated
concentration,
ugM
Uses, sources, toxicity
Trl-o-butyl phosphate
ji-Toluenesulfonamide
Hethylpyrldlne
N.M-diethylformamide
Triathyl phosphate
b i 8-2-Hydroxyp ropy1 ether
3-Methylcyclopentane-1,2-dio1
Acetic acid
Isobutyric acid
Butyric acid
Isovaleric acid
Valeric acid
2-Ethylhexanolc acid
Isomeric C, acidt
o
Isomeric C, acidt
0
Isomeric C. acidt
leomeric C- acidt
Cyclohexanecarboxylic acid
Caprylic acid
Caproic acid
Heptanoic acid
1.7
1.1
4.2
17.11
0.2!
7.55
0.6
1.1
1.0
Plasticizer. antifoam agent, solvent for nitro-
cellulose and cellulose acetate, heac exchange
medium, dielectric. Moderately toxic by in-
gestion.
Plasticizer, fungicide, mildewcide in paints,
resin synthesis.
Insecticide manufacture, dyes, rubber, produc-
tion of vinyl pyridine. Moderately toxic.
Used in rubber manufacture.
Plasticizer for resins, plastics, gums; pesti-
cide manufacture, catalyst, solvent, lacquer
remover. Highly toxic.
A dimerization product of propylene glycol, a
non-toxic antifreeze used in dairies and
breverles, production of synthetic resins.
Production of plastics, insecticides, vinyl
acetate, and photographic chemicals; oil well
acidizing and food additive.
Manufacture of esters for solvents, flavors,
and perfumes; disinfection, tanning agent,
del lining hides. Mild irritant. Detection of
odor in water at 8.1 mg/t and of taste in water
at 1.6 mg/t.
Emulsifying agent, disinfectant, gasoline sweet-
ner; perfume ester preparation and deliming
agent. Neoplastic effects produced in rats.
Used in flavors, perfumes, and manufacture of
sedatives. Occurs in tobacco and several other
plants. Detection of odor in water at 0.7 mg/t.
Used as an intermediate in perfumery.
Typical low to medium weight isoacid. Plaati-
clzer component of alkyd resins. Salts used
for varnish driers, heat stabilizers for vinyl
resins, greases, thickening agents in certain
lacquers and paints, sludge, and varnish inhibi-
tor in mineral oils.
See 2-ethylhexanoic acid uses above.
See 2-ethylhexanoic acid uses above.
See 2-ethylhexanoic acid uses above.
See 2-ethylhexanoic acid uses above.
Insecticide formulations, stablizer for vulcan-
ized rubber, paints and varnishes, lubricating
oils, dry cleaning soaps.
led in perfumery, dye
Manufacture of est
production.
Manufacture of esters for artificial flavors,
hexylphenols, hexylresorcinol.
Found in Cusel oils and rancid oils.
*Dunlap et al., 1976.
tGeneral structure confirmed beyond reasonable doubt, but position of substitution or
chain branching not determined because necessary standards were unavailable or compounds were
not separated by G.C. columns employed.
^Determined as N,N-dimechyl-p_-toluenesulfonamide.
iDetermined as 2-ethylbutyric acid, but probably is not this compound.
(Determined as n-heptanoic acid.
L-9
-------
TABLE L-2
RANGE OF LEACHATE COMPOSITION IN 18 SANITARY
LANDFILLS IN THE UNITED STATES*
Parameter
Concentration"1"
COD
BOD
TOC
PH
TS
TDS
TSS
Specific Conductance
Alkalinity (CaCOs)
Hardness (CaC03)
Total P
Ortho-P
NH4-N
N03+N02-N
Ca
Cl
Na
K
Sulfate
Mn
Mg
Fe " '
Zn
Cu
Cd
Pb
40
81
256
3.7
0
584
10
2,810
0
0
0
6.5
0
0.2
60
4.7
0
28
1
0.09
17
0
0
0
0.03
<0.10
- 89,520
- 33,360
- 28,000
- 8.5
- 59,200
- 44,900
- 700
- 16,800
- 20,850
- 22,800
- 130
- 85
- 1,106
- 10.29
- 7,200
- 2,467
- 7,700
- 3,770
- 1,558
- 125
- 15,600
- 2,820
- 370
- 9.9
- 17
- 2.0
*Chian and DeWalle (1976).
+A11 figures in milligrams per liter except Specific Conductance
which is measured as micromhos per centimeter and pH as pH units.
L-10
-------
In general aluminum, lead, copper zinc, phosphate, and trivalent chro-
mium are the ions which are most readily adsorbed; while arsenic,
selenium, chloride, nitrate, and hexavalent chromium, among others,
are only weakly adsorbed (Cartwright and Lindorff, 1976). The quan-
tity of any one species of cation adsorbed is dependent upon the type
of clay minerals present in the soil, the cations already on the
clay, the other cations present in solution, and the accompanying an-
ions (Cartwright and Lundorff, 1976). Silts and sands exhibit a
slight ion exchange capacity, while sand and gravel aquifers and
bedrock aquifers usually provide little or no reduction of contam-
inant levels.
Another important factor determining the degree of attenuation
achieved is the contact time of the leachate with the soil in the un-
saturated zone of aeration. It follows that as the flow rate de-
creases, the contact time and, hence, the degree of attenuation
increases (Garland and Mosher, 1975). As a concentrated leachate
'flows through a soil, its rate of movement is first controlled by the
permeability, which, is largely dependent on the particle size of
unconsolidated materials. As time passes, a phenomenon known as
soil clogging occurs in all but the coarsest soils. This is general-
ly caused by a buildup of filtered or biological decomposition prod-
ucts at particle surfaces (Ham, 1975).
It may be presumed that any chemical not removed or altered in
the clogging zone or in the soil overlaying the water table is
L-ll
-------
unlikely to be affected by similar soils within the water table (Ham,
1975). This is particularly true due to the general absence of oxy-
gen below the water table, which precludes any further decomposition
or oxidation by aerobic bacteria. Many contaminants are soluble
under anaerobic conditions and will therefore remain in solution in
the zone of saturation.
L-12
-------
APPENDIX M
BACKGROUND INFORMATION ON INCINERATION OF
HAZARDOUS WASTES
This appendix presents information on the destruction of hazard-
ous wastes by incineration and on the potential for the release of
air emissions from such incineration. Incineration is defined as an
engineered process using flame combustion to thermally degrade
materials such as hazardous wastes. Devices normally used for
incineration include rotary kilns, fluidized beds, and liquid
injections incinerators (see Appendix D). To the extent that
incineration produces a hazardous ash or residue which requires
disposal, incineration is a treatment method (e.g., volume reduction)
rather than a disposal method.
As discussed below, incineration can be used to destroy or
recover energy from a vast number of different hazardous waste mater-
ials, representing a broad spectrum of physical and chemical charac-
teristics. Generally speaking, organic materials are the prime
candidates for incineration. Properly designed and well maintained
high temperature incinerators appear to show good potential as a
means of destruction of many hazardous organic wastes; however, capi-
tal costs are quite high for such incinerators (Adams et al., 1977;
Ackerman et al., 1977; Carnes and Oberacker, 1976; Leighton and
Feldman, 1975; Oregon State University, 1974).
In 1977 there were only 31 hazardous waste incinerators reported
to be operating in the U.S. (Straus, 1977). In addition, in 1976
M-l
-------
there were 135 municipal incinerators in the U.S., 22 of which were
operating without any air pollution control devices (Gordon et al.,
1976). Some of these municipal incinerators burn various hazardous
wastes, including PCB's and other industrial waste products (Moon et
al., 1976; Gordon et al., 1976). This practice is being curtailed as
increasing public and regulatory pressure is brought to bear to de-
mand strict inventories of the waste streams before they are inciner-
ated. In some cases these pressures have resulted in the shutting
down of both municipal incinerators and those designed to handle
hazardous wastes. Reasons for these closings include community
opposition, inability to comply with state and Federal regulations,
and inability to remain economically viable. Severe odor problems
are often cited by opposing community groups.
The portion of any hazardous waste destroyed by incineration is
dependent to a great extent on the temperature of the incineration
and the dwell time (residence time in the incinerator) at that tem-
perature" and to'a lesser extent on turbulence in the combustion zone
and the amount of excess oxygen available. The higher the tempera-
ture used, the shorter the dwell time necessary to achieve a given
destruction ratio. As a general rule, organic hazardous materials
can essentially be completely destroyed at a temperature of 1000 C
(1830 F) and a dwell time of 2 seconds. Many are completely de-
stroyed at lower temperature/dwell time conditions; a few require
more rigorous conditions. Information on specific incineration
1-1-2
-------
criteria for individual wastes is very limited (Scurlock et al.,
1975). A number of large-scale studies into the criteria for
incineration of hazardous wastes are currently underway (e.g., Adams
et al., 1977, Midwest Research Institute, 1976, 1977; MacDonald et
al., 1977). These are discussed below.
Just as the existing knowledge on incineration criteria is very
limited, little information is available on the fate of hazardous
waste constituents produced as a result of incineration. Most
studies of emissions from the incineration of hazardous wastes have
considered only the fate of the principal components of combustion,
components for which regulations have been promulgated, or components
for which historical data have been accumulated regarding harmful ef-
fects. Most studies have not given consideration to emissions which
result from side reactions, such as the formation of polynuclear aro-
matics (PNA's) from the incineration of wastes containing chlorinated
hydrocarbons, nor to the constituents of particulate matter entrained
in stack gases (Reynolds, Smith, and Hills, 1977). Little is also
known about the potential health effects from long-term, low-level
exposure to many of the gaseous and particulate products of hazardous
waste combustion.
Adams et al. (1977) recently completed a series of tests on the
effectiveness of the thermal destruction of industrial wastes at ex-
isting commercial-scale incinerators. A total of 15 different wastes
were studied using six different types of incinerators at seven
11-3
-------
separate facilities. Table M-l summarizes the test conditions and
test results. For most of the industrial wastes, destruction effi-
ciencies exceeded 99.9 percent for waste organics and 99.99 percent
for principal waste constituents. It should be noted that in the
tests the incinerator operating conditions were very carefully
controlled. Whether the waste destruction efficiencies obtained
during the tests could be achieved under normal operating conditions
is not known.
Table M-l also shows the concentration of total organics, prin-
cipal waste organic constituents, and major trace elements detected
in the combustion zone; the concentration of particulates and major
trace elements detected in the stack emissions; and the general char-
acteristics of the solid residues produced during the incineration
tests. Many of the solid residues contain toxic metals and other po-
tentially hazardous constituents. It should be noted that Table M-l
shows only the major trace elements detected; other trace metals were
also detected. For example, Table M-2 lists all trace metals de-
tected on particulate filters from the test incineration of methyl
methacrylate wastes.
A study by Riley (1975) reviewed and summarized available infor-
mation on pesticide incineration. The study found that the over-
whelming majority of available data concerned incineration of halogen
containing pesticides (e.g., DDT, aldrin, and toxaphene); very little
information was available about inorganic or metallo-organic pesti-
cides (e.g., mercury compounds and arsenic compounds),
M-4
-------
TABLE M-l
CHARACTERISTICS OF INCINERATION OF SELECTED HAZARDOUS WASTES
Wasce destruction
efficiency (I)
Combustion zone effluents
•lajor
Concentrations in
3tack emissions
Incineration Residence
Facility eenp_«rftcurjj_ tine
Type Was Co Tested (oc) (seconds)'
Total const it- organlcs organ ics metals ulates elements
organics uents (ag/n.3) (mg/m-») (mg/m->) (m) (mp/m3) Solid residue quality
>99.999 7.0-7.6 <0.03
Fluldited
bed
i.O- 1280-
1.2 Pb 1430
0.44-
0.87 Pb
stituents In bed sand
Methyl 774-781
raethacrvlate
>99.999 7.5
0.85- 560-630 0.55- So organic waste con-
4.7 Pb 2.2 Pb stituents In bed sand
PVC sludge 87C In primary 2_3
combustion
zone, 980-
1090 in sec-
ondary combus-
tion zone
>99.996 24-47 <0.02-
0.04
Rotary
kiln
Hat air
Liquid
injection
Pyro lysis
Cement
* Seconds <
liaama rail led
PCB contain-
ing capaci-
tors
Whole
capacitors
Coke plant
effluent
An I ben
Ethyl one
Hexachloro-
cyclopenta-
diene
(C-5,6)
Ilitrochloro-
benzene
API separator
bottoms
Styrene
Rubber
Chlorinated
aromatic
hydrocarbon
blend
Above blend
vlth PCS 'a
1252 in kiln. 3.2 99.98
1331 in
afterburner
1339 In kiln, 3.08 99.96
1332 in
afterburner
279 at 1.13 hrs 91.3
109 a too- (COD)
spheres
2f" at ' ]. hour " 82
107 atrao- (COD)
spheres
1349-1752 0.14-0.19 99.6
1348-1378 0.17-0.18 99.97
1307-1332 • 2.3, 99.87
760 12.5 oin. :i/A
650-760 12.5 rain. M/A
760 15 min. N/A
740-757 12-14
774-788 12
>99.999 14 <0.005 12 Pb 35 2.7 Pb ::o organic *;«ste
1.0 Sn constituents
>99.999 23 <0.005 11 Pb 53 3.3 Pb -500 ppm PCB's
(99.5) 2.6 Sn
Variable 481 mg/1 <13 ag/1 - 3 - N/A
COD COD
>99 2,920 <100 - 11 - N/A
mg/1 mg/1
COD COD
>99.999 13-22 <0.02 O.O'I- 20-2.: O.OOt- 97-991 carbon; _0.^2X
C.001 *b 0.003 Pb organic waste
constituents
>99.99 21-27 <0.02 <1.40 Pb 36-113 0.003- 89-98* cnrb.on; no
<0.19 Itn 0.006 Pb organic -ast*
<0.33 Co 0.034- constituents
C.06S :tn
>99.999- 42-53
-------
f
TABLE M-2
TRACE METALS ON PARTICULATE FILTERS
FROM TEST INCINERATION OF METHYL METHACRYLATE WASTES*
3
Trace element concentration in gas stream (mg/m )
Test no.
1
2
3*
Sampling train
Combustion zone
Stack
Coir bust ion zone
Stack
Combustion zone
Stack
Bat
0.08
0.55
0.60
0.40
0.27
0.26
Cd
0.035
0.029
0.67
0.16
0.009
0.007
Cr
0.13
0.082
0.26
0.18
0.10
0.042
Pb
0.85
0.55
4.74
2.21
0.13
0.086
Sb
0.031
0.014
0.058
0.012
0.001
0.021
V
<0.002
<0.005
<0.002
<0.004
<0.002
<0.007
Zn
0.32
0.12
0.66
0.072
0.24
0.23
* Acker-man et al. , 1977.
t Barium background levels in the filter material were very high and erratic.
^ Background test with auxiliary number 2 fuel oil only.
-------
phosphorus-containing pesticides (e.g., diazinon, malathion, and
parathion), and nitrogen-containing pesticides (e.g., atrazine, car-
baryl, and zineb). The author's analysis of the available data
indicated that 99.999 percent or better destruction could be achieved
for halogen-containing pesticides at temperatures of 1,090 C (2,000
F) and retention times of 0.2 seconds or temperatures of 650 to 700 C
(1,200 to 1,300 F) and retention times of 8 to 10 seconds. The
author indicates that nitrogen-containing pesticides produce cyanide
upon combustion; destruction of this cyanide could require tempera-
tures in excess of 950 C (1,750 F) and retention times greater than 4
seconds; lower temperatures would be required to achieve 99.999 per-
cent or better destruction of the pesticide itself, but not of the
cyanide. The author also notes that 99.999 percent or better des-
truction could be achieved for phosphorus-containing pesticides at
temperatures between 620 and 1,040 C (1,150 and 1,900 F) and reten-
tion times between 4 and 12 seconds. The author cautions, however,
that available data are not sufficient to extrapolate the findings to
combustion in incinerator types other than those studied. Partial or
complete combustion of the pesticides studied was found to have the
potential for generation of toxic degradation products: metallo-
organic pesticides could generate toxic metal oxides; phosphorus-
containing pesticides could generate toxic gases such as pyrophos-
phates; halogen-containing pesticides could generate gases such as
hydrogen chloride; and nitrogen-containing pesticides could generate
cyanides.
M-7
-------
In a later study, Games and Oberacker (1976) report the results
of a project to ascertain the design and operational criteria for the
incineration of pesticides, combustible pesticide containers, and
washings from pesticide containers. Fifteen commercial formulations
of pesticides were individually test-burned. The efficiency of pes-
ticide incineration was found to be generally uniformly high over the
ranges of operating variables investigated. The test data indicate
that most organic pesticides can be effectively destroyed (greater
than 99.99 percent of the active ingredient destroyed) over a range
of combustion temperatures and retention times. However, it was de-
termined that solid pesticide formulations may require special pro-
cedures or extended retention times to ensure complete combustion
because of the potential for built-in heat resistance. As much as 10
to 30 percent of the active ingredient in 10 percent picloram pellets
and 0.3 percent mirex bait were found to be present after a two
second residence time at 1,000 C. The tests further showed that even
when the pesticides were incinerated at 1,000 C for two seconds,
emissions of the active ingredients and related species still oc-
curred even though there was an extremely high destruction efficiency
(see Figure M-l). The emission rates ranged from approximately 0.001
pounds per 1,000 pounds of active ingredient incinerated for 80 per-
cent Atrazine WP to 0.1 pounds for 1,000 pounds of active ingredient
incinerated for 57 percent Malathion EC. Other emissions that were
determined to require pollution control devices include particulate
matter for solid pesticide formulations, pyrophosphates (such as
M-8
-------
C
CU
TJ
0)
CU H O
4-1 0)
CO C CO
PS -H tJ
O C
C C 3 _
O M O -H
•H ft T3
(04-1 CU
CO C O M
•H CU O 00
S -H O C
W T3 • -H
Q) rH
•O ^
4J C CU -H
<0 H O. 4J
6 o
•H 0) CO CO
4-1 > -a
CO -H C
W 4J 3
a o
0.01-
0.001-
0.0001
*Carnes and Oberacker, 1976.
The estimated emission rate includes the respective
pesticide plus all related chemical species in the incinerator
off-gas.
^Emission rate based on malathion detection limit.
FIGURE M-l
AIR EMISSIONS FRCM INCINERATION OF
SELECTED PESTICIDES AT 1000 C AND
2 SECONDS RETENTION*
M-9
-------
from phosphorus based pesticides, cyanide (CN~) from
nitrogen-containing organics, hydrochloric acid from chlorinated
hydrocarbons, and sulfur dioxide from organosulfur compounds. Odor
was also noted as a potential problem, particularly during incinera-
tion of organosulfur pesticides. The residues left from the inciner-
ation of pesticide formulations containing inert binders and carriers
were found generally to contain very low levels of the pesticide
being incinerated (less than 20 ppm).
While plastics are not hazardous by themselves, some potentially
hazardous waste streams contain plastics or plastic polymers (Indus-
try Studies, 1975-1978). Boettner et al. (1973) studied combustion
products that result from the incineration of plastics. The study
indicated that plastics composed only of carbon and hydrogen or car-
bon, hydrogen, and oxygen may form carbon dioxide and water when
completely combusted. Incomplete combustion may result in the pro-
duction of carbon monoxide as the major toxicant, plus gaseous and
condensed hydrocarbon products. The condensate may have significant
fuel or crude chemical value, but may contain polycyclic hydrocar-
bons, particularly aromatic polymers. Plastics containing nitrogen
as a heteroatom may produce, on complete combustion, molecular
nitrogen and small amounts of oxides of nitrogen, as well as carbon
dioxide and water. On incomplete combustion hydrogen cyanide, cyano-
gen, nitriles and ammonia may form in addition to hydrocarbon gases.
M-10
-------
Any liquid condensate formed may be composed of a variety of organic
nitrogen compounds as well as hydrocarbons. Nitrogen compounds from
plastics containing nitrogen were found to be more sensitive than
other combustion products to changes in combustion conditions.
Generally, the more incomplete the combustion, the more ammonia and
cyanide that formed. Plastics containing halogen or sulfur hetero-
atoms may form acid gases such as hydrogen chloride, hydrogen fluo-
ride, and sulfur dioxide on complete combustion, in addition to
carbon dioxide and water, and may form organic halogen or sulfur com-
pounds on incomplete combustion.
Shapira et al. (1978) reported on air emissions from activities
associated with the demilitarization of conventional munitions.
Activities considered included deactivation in rotary kiln incinera-
tors, open burning, detonation, and washout. Table M-3 shows
uncontrolled emissions from the combustion of selected munitions in a
rotary kiln incinerator. Table M-4 gives emission rates from the
open burning of selected energetic munitions such as propellants, py-
rotechnics, and explosives. Table M-5 illustrates the emission pro-
ducts from both confined and unconfined detonation of selected ex-
plosives. Washout produces emissions of the organic energetic
materials being demilitarized; data are not available as to the types
of emissions and emission rates.
*Washout involves the use of hot water to melt the fill in muni-
tions such as bombs and projectives and to wash out the metal
casing.
M-ll
-------
TABLE M-3
UNCONTROLLED EMISSIONS FROM COMBUSTION OF SELECTED MUNITIONS IN ROTARY KILN INCINCERATOR*
Test
Munition number
Cartridge
7.62 mm
4 ball M80
1 Tr. M62
Cartridge
Cal 30
Tracer Ml
Cartridge
Cal 50
Tracer M17
Cartridge
Cal 50
API M8
Booster
M21 A4
Assembled
Booster
M21 A4
Disassembled
Fuze MTSQ
M 502 with
Booster
Fuze BD
M66 Al
Primer
Percussion
M28 B2
Primer
Percussion
M40 A2
P7
P8
P2
P3
P6
P16
P4
P5
P14
P15
Pll
P12
P17
P18
P19
P20
P9
P10
P22
P23
Nitrogen oxides
(average ppm)
3226.
2312.
7732.
. 8178.
4732.
4536.
6799.
8681.
117.
75.2
538.
285.
460.
531.
163.
67.1
49.2
40.6
68.6
52.9
Particulate
concentrationt
(gr/scfd)
3.3763
3.4142
8.6450
9.9178
9.1559
6.4102
1.4952
1.7627
1.5580
.3559
.3582
.3245
.8544
.5138
.9281
.6688
2.1587
2.5052
1.6865
1.7217
Particulate
mass ratet Sulfur dioxide
(Ib/hr) (average ppm)
33.90
34.09
85.64
92.99
82.02
63.73
15 . 10
16.97
16.92
3.91
3.56
3.11
9.34
5.76
10.01
7.13
21.27 39.5
24.08
17.67 18.8
17.51
Hydrogen
Sulfur trioxide chloride
(average ppm) (ppm)
1.0
1.0
-
-
0.4
0.1
0.2
0.5
_ _
-
-
-
1.0
1.0
0.1
1.0
282.4 0.8
2.0
53.2 3.0
2.0
* Shapira, et al., 1978.
+ Particulates include metals such as lead, mercury, magnesium, and aluminum.
-------
TABLE M-4
EMISSION RATES FROM OPEN BURNING OF SELECTED ENERGETIC MATERIALS*
(pounds of gas per ton burned)
s
1
Combustion Black HEX
product powder tritonal
Carbon
monoxide - 891.6
Carbon
dioxide 844.0
Nitrogen 204.8 6.3
Water - - 978.2
Hydrogen - 41.2
Carbon 18.8 12.4
Methane
Ammonia _
Hydrogen
sulfide
Hydrogen
cyanide - -
Potassium
hydroxide
Lead
Aluminum - 21.54
Aluminum
oxide - 48.76
Potassium 273.8
Carbon
oxisulfide 330.2
Sulphur 0.6
Carbon
dlsulfide 26.3
Hydrogen
chloride
Sulphur
dioxide
Atmospheric
constituents
Compositions TNT Single Double Triple Tarrler
B, B3, A, C, explosive D base base Composite base NACO sustalner
cyclotol octol propellant propellant propellant propellant propellant NOSOL propellant
939.7 1,194.1 798.2 327.4 - 794.4 697.2 1,049.4 828.8
337.4 189.2 757.6 1,137.0 .19.0 142.6 737.2 290.2 674.2
589.8 369.8 239.6 297.0 - - 216.0 276.2 241.0
2.3 31.0 146.6 163.4 - 480.7 138.4 333.4 140.2
39.8 36.9 46.0 26.4 _ 43.0 49.0 29.4 53.2
174.8 - - 61.4 - 44.8
1.6 4.16 10.4 14.4 - 13.8 4.52 0.1
0.03 0.03 0.03 - - 2.72 - 0.65
-- ----3.0-
2.54 - - - 2.21 - 0.88
- - - 13.2
- - - 17.8 - 17.8
-_ _"_ - -_-
- - - 120.0 - -
-- __-_--
- - - 0.256
-
-- ---__-
- - - 340.0 - -
-- -i.o----
- - - 1,200.0 - -
Total gas
emissions
per system 1,698.5
2,001.0
1,913.2
1,999.9
1,998.4
1,965.6
1,680.0
1,479.4
1,934.9 1,983.2
1,999.0
*Shapira et al., 1978.
-------
TABLE M-5
DETONATION PRODUCTS OF CONFINED AND UNCONFINED EXPLOSIONS*
(ppm)
Explosive
PETN
Name
Carbon
dioxide
Carbon
monoxide
Carbon
Nitrogen
Water
Hydrogen
Ammonia
Methane
Hydrogen
cyanide
Ethane
Confined
3.32
1.61
-
1.95
3.68
0.34
0.056
0.004
—
—
Unconfined
3.50
1.56
-
2.00
3.45
0.51
0.0002
0.0002
_
-
Confined
1.92
1.06
0.97
3.68
3.18
0.30
0.395
0.039
0.008
0.001
HMX
Unconfined
1.44
2.65
-
4.01
2.50
1.53
-
-
0.0006
-
Confined
1.25
1.98
3.65
1.32
1.60
0.46
0.162
0.099
0.020
0.004
TNT
Unconfined
0.063
5.89
1.01
1.36
0.17
2.31
0.022
0.0092
0.024
-
Shapira et al., 1978
-------
The literature contains other reports about the incineration of
hazardous wastes, primarily pesticide and PCB-containing wastes.
Leighton and Feldman (1975) describe the incineration of DDT in a
fluid injection, vortex combustion incinerator using waste oils con-
taminated with 1.7 percent PCB as fuel. Destruction efficiencies
ranged from 99.9921 to 99.9995 percent for PCB and were greater than
99.9999 percent for DDT using temperatures of 871 to 982 C (1,600
1,800 F) and retention times of 1 to 12 seconds. Emission data were
collected only for PCB's and DDT and its derivatives (ODD and DDE).
Reynolds, Smith, and Hills (1977) studied the energy conversion
potential of industrial waste streams in eight selected industries.
The study found that many of the wastes considered produce hazardous
or corrosive gases when incinerated, requiring the use of pollution
abatement equipment. Table M-6 shows, based upon bench scale tests,
an analysis of exhaust gases from the fluidized-bed incineration of
solvent recovery sludges from paint production for the specific con-
•stituents sampled. In addition, the exhaust gas scrubber effluent
was examined for mercury. The observed mercury levels ranged from
less than 1 ppb to almost 7 ppm. Table M-7 shows the constituents of
ash from incinerated solvent recovery still bottoms at a paint pro-
duction facility. The ash contains heavy metals and would require
land disposal.
Gordon and Cioffi (1976) have reported on uncontrolled lead
emissions from the burning of waste automotive crankcase oil as a
M-15
-------
f
TABLE M-6
MASS SPECTROGRAPHIC ANALYSIS OF EXHAUST GASES FROM
FLUIDIZED-BED INCINERATION OF SOLVENT RECOVERY SLUDGES
FROM PAINT PRODUCTION*
Components
Run
17
Run
18
Run
21
Concentration ,
Carbon dioxide
Argon
Oxygen
Nitrogen
Hydrogen
Carbon monoxide
Methane
10. A
1.0
7.41
80.8
0.08
0.21
<0.001
12.4
1.0
5.47
80.9
0.03
0.02
<0.001
10.6
0.95
7.13
81.1
0.04
0.06
<0.001
Run
22
percent by
8.09
0.96
10.06
80.1
0.03
0.02
<0.001
Run
28
volume
7.64
0.95
11.6
79.8
0.05
0.03
<0.002
Run
29
11.6
0.97
6.96
80.4
0.03
0.002
<0.002
Run
33
12.0
1.0
5.75
81.1
0.05
<0.001
<0.002
Concentration, ppm
Sulfur dioxide
Hydrogen sulfide
Carbonyl sulfide
Ethane
Hydrogen cyanide
Benzene
Nitrous oxide
Acetone
Ethane
Ethylene
Acetylene
<2
<2
<2
37
50
13
28
26
NDt
ND
ND
<2
<2
<2
9
39
3
45
3
ND
ND
ND
ND
ND
ND
ND
46
130
21
ND
ND
<2
<2
ND
ND
ND
ND
103
<2
57
ND
ND
<2
<2
<2
<2
ND
ND
51
ND
63
26
ND
ND
ND
<2
<2
ND
ND
12
ND
34
18
ND
ND
ND
ND
ND
ND
ND
20
ND
185
ND
ND
ND
ND
* Reynolds, Smith and Hills, 1977.
t ND - not detected.
-------
TABLE M-7
ANALYSIS OF ASH FROM INCINERATED SOLVENT RECOVERY STILL BOTTOMS
AT ONE PAINT PRODUCTION FACILITY*
Const ituentt
Concentration
percent
sio
SrO
Major
15.00
2.00
0.50
Fe2°3
MgO
BaO
Mo03
PbO
Sb2o5
CaO
NiO
Sn02
ZnO
CoO
MnO
CuO
Cr203
0.20
0.20
0.10
0.004
0.03
0.02
0.005
0.005
0.005
0.003
0.003
0.003
0.001
0.001
*Wapora, Inc., 1975.
tElements not detected in sample: Cd, As, Te, B, W, Ge, Bi, Be, V, Ag,
M-17
-------
fuel. Table M-8 shows ambient air concentrations of lead near various
facilities burning the waste oil as fuel.
In spite of the reported impressive performances of the inciner-
ators in destroying waste constituents, it should be noted most of
the above studies were performed under extremely controlled condi-
tions and only specific products of combustion were sampled in many
cases. Problems could occur due to the requirements for frequent
maintenance and extensive operator education in order to ensure
proper functioning. Maintenance is an especially serious problem
since many of the wastes burned in incinerators are either extremely
caustic or produce caustic products when burned. Furthermore, burn-
ing of hazardous wastes or mixtures of such wastes may release air
contaminants not sampled during the studies.
M-18
-------
TABLE M-8
AMBIENT AIR CONCENTRATIONS OF LEAD NEAR VARIOUS FACILITIES BURNING WASTE OIL AS FUEL*t
vo
Test sponsor
Gulf Research
and Development*
County of Fairfax,
Virginia!
County of Fairfax,
Virginia!
County of Fairfax,
Virginia!
County of Fairfax,
Virginia!
Mobile Oil*
nimble Oil*
Shell Oil*
Hawaiian
Electric Co.*
GCA/Technology
Dlvlslonl
Combust ion
site
domestic oil burner
hot water boiler
hot water boiler
hot water boiler
hot water boiler
steam boiler
steam boiler
steam boiler
utility boiler
municipal
incinerator
Type of
virgin
fuel.
No. 2 fuel oil
No. 5 fuel oil
No. 2 fuel oil
No. 2 fuel oil
None
No. 6 fuel oil
None
No. 6 fuel oil
No. 6 fuel oil
None
Total fuel
feed rate
(gal./hr)
3
25
. 25
25
25
100
100
371-476
1.900
300
Waste oil
in feed
«vol I)
27
0
25
50
100
5
100
75-100
7
100
Lead content
of waste oil
(wt X)
1.1
-
0.2
0.2
0.2
1.0
unknown
0.5-1.0
0.45
1.0
Stack
height
(ft)
15
27
27
27
27
60
35
130
137
100
Soot
blowing
no
no
no
no
no
yes
yes
yes
yes
no
Maximum ground
level concen-
tration (iig/m )
4
0.2
0.5
0.3
0.1
1.0
0.05(0.65tt)
0.2
0.11
0.2
Concentration
measurement
classification**
1-hr average (C)
24 -hr sample (M)
24 -hr sample (M)
24-hr sample (M)
24-hr sample (M)
30-day average (C)
short term sample(M)
30-day average (C)
1-hr average (C)
30-day average (C)
*Gordon and Cloffl, 1976.
tNo control devices utilized.
^Adapted from Chansky, Steven, James Carroll, Benjamin Klnconnon, James Sahaglan, and Norman Surprenant, 1974.
SFalrfax County Public Schools, 1974.
IChansky, Steven, Billy McCoy, and Norman Surprenant, 1973.
**C - calculated; M - measured
ttFrom ambient sampling during soot blowing.
-------
APPENDIX N
PHASE I ALTERNATIVE
This appendix contains the following parts of the non-technical
regulations comprising the Phase I alternative:
• Part 260 - Overview and Definitions
• Part 261 - Identification and Listing of Hazardous Waste
• Part 262 - Standards Applicable to Generators of Hazardous
Waste
• Part 263 - Standards Applicable to Transporters of Hazardous
Waste
• Part 264 - Standards for Owners and Operators of Hazardous
Waste Treatment, Storage, and Disposal Facilities
• Part 265 - Interim Status Standards for Owners and Operators
of Hazardous Waste Treatment, Storage, and Dispo-
sal Facilities
• Part 266 - Standards for Owners and Operators of Facilities
that Treat, Store, and/or Dispose of Wastes Iden-
tified for Discriminate Standards
. N-l
-------
PART 260 - OVERVIEW AND DEFINITIONS
Subpart A - Definitions
260.10 Definitions
Subpart B - General
[Reserved]
N-2
-------
SUBPART A - DEFINITIONS
260.10 Definitions
(a) When used in the Regulations set forth in Parts 261, 262,
263, 264, and 265 of this title, the terms have the follow-
ing meanings:
(1) "Authorized Representative" means the person responsible
for the overall operation of the facility, e.g., plant
manager, superintendent or person of equivalent respon-
sibility;
(2) "Designated facility" or "permitted facility" means a
hazardous waste treatment, storage or disposal facility
that has received an EPA permit in accordance with regu-
lations implementing Section 3002 of RCRA or Title I of
the Marine Protection, Research and Sanctuaries Act, or
that has qualified for an interim status permit under
Section 3005(e) of the Act and regulations under that
section, or that has a permit from a State agency
authorized in accordance with Section 3006 of the Act
and regulations implementing that section.
(3) "EPA identification number" means the unique number
assigned by EPA to each generator, transporter, and
treatment, storage, or disposal facility.
(4) "Hazardous waste discharge" means the accidental or
intentional spilling, leaking, pumping, pouring, emit-
ting, emptying or dumping of hazardous waste onto or
into the land or water.
(5) "International shipment" means the transportation of
hazardous waste between a person in the United States
and generator or a treatment, storage, or disposal
facility owner or operator located outside the jurisdic-
tion of the United States.
(6) "Manifest document number" means the serially increasing
number assigned to the manifest by the generator for
recording and reporting purposes.
(7) "Movement" means that portion of a shipment of hazardous
waste which is generated by one generator, transported
at any one time by the same transporter in the same
vehicle and received by the same designated facility.
N-3
-------
(8) "On-site" means the same or geographically contiguous
property which may be divided by public or private
right(s)-of-way. Non-contiguous property owned by the
generator but connected by a right-of-way which he con-
trols and the public does not have access to is also
considered a single site.
(9) "Person" means an individual, trust, firm, joint stock
company, corporation, partnership, association, State,
municipality, commission, political subdivision of a
State, interstate body, or Federal agency.
(10) "Shipment" means the total number of movements required
to transport the entire quantity of hazardous waste
intended for off-site treatment, storage, or disposal.
(11) "Transporter" means a person engaged in the transporta-
tion of hazardous waste by air, rail, highway or water.
(12) "United States" means the 50 States, District of
Columbia, the Commonwealth of Puerto Rico, the U.S.
Virgin Islands, Guam, American Samoa, and the Common-
wealth of the Northern Mariana Islands.
(13) "Waste"pesticide" means unused pesticide, formulation,
or prepared material, container residues, unrinsed con-
tainers, container rinsate, and application equipment
wash-down liquid.
(14) "Water (bulk shipment)" means the bulk transportation of
hazardous waste which are loaded or carried on board a
vessel without benefit of containers or labels.
N-4
-------
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
Subpart A - General
261.1 Purpose and Scope
261.2 Definition of Solid Waste
261.3 Definition of Hazardous Waste
261.4 Exclusions
Subpart B - Criteria for Identifying and Applying Characteristics
of Hazardous Waste and for Listing Hazardous Wastes
261.10 Criteria for Identifying and Applying Characteristics of
Hazardous Waste
261.11 Criteria for Listing Hazardous Wastes
Subpart C - Characteristics of Hazardous Waste
261.20 Characteristic of Ignitability
261.21 Characteristic of Corrosivity
261.22 Characteristic of Reactivity
261.23 Characteristic of Type I Toxicity
261.24-261.28 [Reserved]
261.29 Representative Sample
Subpart D - Lists of Hazardous Wastes
261.30 General
261.31 Hazardous Wastes from Non-Specific Sources
261.32 Hazardous Wastes from Specific Sources
261.33 Hazardous Waste from the Discarding of Certain Commercial
Chemical Products and Containers and Spill Residues Thereof
261.34 Hazardous Wastes that are Designated as Infectious Wastes
261.35-261.38 [Reserved]
261.39 Procedures for Demonstrating that a Listed Waste Generated by
an Individual Facility is not a Hazardous Waste and Exempting
that Waste from Regulation
Subpart E - Procedures for Petitions to Identify Characteristics
of or List Hazardous Waste and Requesting and Approving
Equivalent Methods
261.40 Procedures for Petitions to Identify Characteristics of or
List Hazardous Waste
261.41 Procedures for Requesting and Approving Equivalent Sampling or
Test Methods
, N-5
-------
Figures
Figure 1 - Compaction Tester
Figure 2 - Extractor
Appendix I
Appendix II
Appendix III
Appendix IV
Appendix V
Appendix VI
Appendix VII
Appendices
- Representative Sampling Methods
- Extraction Test Method
- Chemical Analysis Test Methods
- Radioactive Waste Test Methods
- Infectious Waste Treatment Specifications
- Etiologic Agents
- Bases for Listing
_ , N-6
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SUBPART A - GENERAL
261.1 Purpose and Scope
This Part identifies and lists those solid wastes which are
hazardous wastes and are subject to regulation under 40 CFR Parts 262
through 266 and 40 CFR Parts 122 through 124 and which are subject to
the notification requirements of Section 3010 of the Act. The major
provisions of this Part are:
(a) 261.2, 261.3 and 261.4 of this Subpart define those materi-
als that are solid wastes, define those solid wastes which
are hazardous wastes and list certain wastes that are
excluded from regulation.
(b) Subpart B sets forth the criteria that the Administrator
will use in identifying and applying characteristics of
hazardous waste and in listing hazardous waste.
(c) Subpart C identifies and defines characteristics of hazard-
ous wastes which may be used by the Administrator in listing
hazardous wastes under Subpart D and must be used by genera-
tors of solid waste to identify hazardous wastes not listed
in Subpart D.
(d) Subpart D lists hazardous wastes and establishes procedures
for exempting, from regulation, hazardous wastes generated
by individual facilities.
(e) Subpart E establishes procedures for petitioning the Admin-
istrator to identify additional characteristics of hazardous
waste, and/or change the lists of hazardous waste and estab-
lishes procedures for approving equivalent sampling and test
methods.
261.2 Definition of Solid Waste
(a) A solid waste is any garbage; refuse; sludge from a waste-
water treatment plant, water supply treatment plant or air
pollution control facility; and other material, including
solid, liquid, semisolid or contained gaseous material
resulting from industrial, commercial, mining or agricul-
tural operations or from community activities which:
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(1) Is not excluded as a solid waste under 261.4(a); and
either
(2) Is discarded (and not used or reused) by
(i) Disposal in or on the land or water; or
(ii) Burning or incineration, by itself or with other
material, where primary purpose of burning is to
destroy the waste; or
(iii) Physical, chemical, biological or land treatment; or
(3) Is one of the following materials and is used or re-
used, or being stored for use or reuse, in or on the
land or water in lieu of being discarded:
(i) waste oil, or
(ii) [Reserved]; or
(4) Is one of the following materials and is used or reused
or processed for material or energy recovery, or is
stored for such purposes, in lieu of being discarded:
(i) [Reserved]
(b) The Administrator will list materials in paragraphs (a)(3)
and (a)(4) when he determines that:
(1) The material is or has been or, in the future, could be
discarded and that its use, reuse or processing for
materials or energy recovery effectively constitutes
discard of the material, and
(2) The use, reuse or processing for material or energy
recovery of the material, if improperly managed, may
cause sufficient adverse impact to human health or the
environment to warrant that the material be considered
as a candidate for identification or listing as a haz-
ardous waste.
261.3 Definition of Hazardous Waste
(a) A solid waste, as defined in 261.2, is a hazardous waste if
it:
(1) Is not excluded from regulation as a hazardous waste
under 261.4(b); and either
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(2) Is or contains a solid waste that is listed as a hazard-
ous waste in Subpart D which has not been exempted from
regulation under the procedure prescribed in 261.39; or
(3) Is not listed as a hazardous waste in Subpart D but pos-
sesses any of the characteristics of ignitability, cor-
rosivity, reactivity or type I toxicity as defined in
Subpart C.
Comment: Under this definition a mixture or combination of
solid wastes is a hazardous waste if (1) any of the wastes mak-
ing up the mixture of combination is a hazardous waste listed in
Subpart D or (2) the resulting mixture or combination possesses
any of the characteristics identified in Subpart C.
(b) A solid waste becomes a hazardous waste when it is deter-
mined to be a hazardous waste. A determination of whether a
solid waste is a hazardous waste must be made, in accordance
with the requirement of 40 CFR 262.11, by or before:
(1) The waste leaves the facility at which it is generated
for off-site treatment, storage or disposal; or
(2) The waste enters an on-site treatment, storage or dis-
posal facility.
(c) A hazardous waste that enters a storage surface impoundment
or a landfill facility, as defined in 40 CFR 260, will con-
tinue to be a hazardous waste for as long as it remains in
the facility and will be a hazardous waste if it is removed
from the facility unless it can be demonstrated that it is
not a hazardous waste and is exempted as a hazardous waste
under the procedures prescribed in 261.39, except that an
exemption cannot take effect under 261.39(m)(2).
(d) A hazardous waste that enters a treatment or land treatment
facility, as defined in 40 CFR 260, will continue to be a
hazardous waste for as long as it remains in the facility.
Any and all solid wastes, as defined in 261.2, that are dis-
charged or emitted from or otherwise leave the facility, are
not hazardous waste unless
(1) They are listed as a hazardous waste in Subpart D and
are not exempted from regulation under 261.39; or
(2) They possess any of the characteristics of hazardous
waste identified in Subpart C; or
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(3) They are identified as a hazardous waste in a permit
issued under 40 CFR Part 122.
261.4 Exclusions
(a) The following wastes are not solid waste for the purposes of
this Part:
(1) Domestic sewage, including mixed domestic sewage and
industrial wastewaters that are collected, conveyed and
treated in a sewage system that serves the public, and
including wastewater effluents from the treatment of
sewage by such a system; and
(2) Septic tank pumpings; and
(3) Industrial wastewater discharges that are point source
discharges subject to regulation under Section 402 of
the Clean Water Act, as amended; and
(4) Irrigation return flows; and
(5) Point source air emissions that are subject to regula-
tion under the Clean Air Act, as amended, 42 U.S.C.
7411" and 7412; and
(6) Source, special nuclear or by product material as
defined by the Atomic Energy Act of 1954, as amended,
42 U.S.C. 2011 et seq., and implementing regulations;
and
(7) Dredge spoils that are disposed of in navigable waters,
including wet lands, and are subject to regulation under
Section 404 of the Clean Water Act, as amended.
(b) The following solid wastes are not subject to regulation as
hazardous wastes under 40 CFR Parts 262 through 266 or 40
CFR Parts 122 through 124 or subject to the notification
requirements of Section 3010 of the Act:
(1) Household type garbage and refuse including the residual
waste from the incineration or treatment of or the re-
covery of energy or material resources from household
type garbage and refuse; and
(2) Sewage sludge from publicly owned treatment works; and
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(3) Solid.wastes produced from the growing of crops or the
raising of animals, including animal manures and crop
residues, which are returned to the soil as fertilizers
or soil conditioners; and
(4) Overburden from mining operations, unless listed as a
hazardous waste in Subpart D, which is or will be reem-
placed in the mine site; and
(5) In-situ mining wastes, including in-situ wastes from
certain oil shale, uranium and other extraction proces-
ses which extract minerals, fuels or other materials
from geological formations without removing the waste
material from the formation; and
(6) Fly ash, bottom ash or boiler slag which is (i) gene-
rated by a utility or industrial boiler, process steam
generator or coal gasification or liquefaction unit from
the sole use of fossil fuels or from the use of certain
fuels in combination with fossil fuels, including
refuse-derived fuels from municipal solid waste or any
alternative fuel which is not a hazardous waste and (ii)
which is used in the construction of roads, as a
de-icing agent on roads or as a soil conditioner; and
(7) Cement kiln dust waste used in the construction of roads
or for soil conditioning, including agricultural liming;
and
(8) Blast furnace slag used in the construction or mainte-
nance of railroad beds or roads.
(c) Except for those hazardous wastes identified in subpara-
graphs (1) through (4) below, none of the hazardous wastes
generated by a commercial establishment or the part(s) of
commercial establishments that is exclusively engaged in
the retailing of merchandise or an individual facility that
generates and disposes of no more than 1000 kilograms (2200
pounds) of hazardous waste in any 30-day period is subject
to regulation as hazardous waste under 40 CFR Parts 262
through 266 or 40 CFR Parts 122 through 124 or subject to
the notification requirements under Section 3010 of the Act:
(1) Any quantity of those hazardous wastes listed under
261.33U) or (b)
(2) Any quantity greater than 10 kilograms (22 pounds) of
those hazardous wastes listed under 261.33(c)
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(3) Any quantity greater than 100 kilograms (220 pounds) of
those hazardous wastes listed under 261.33(d)
(4) Any quantity of a hazardous waste listed in 261.31 or
261.32, for which an exclusion limit is specified, that
is generated and disposed of in an amount that exceeds
the specified exclusion limit
Comment: Exclusive of the exceptions in subparagraphs (1)
through (4), paragraph (c) does not specifically exclude small
quantities of hazardous wastes: it only excludes hazardous
wastes from retailers and generators of small quantities (less
than 1000 kilograms per 30-day period) of hazardous waste. If a
non-retail, individual facility generates a quantity of hazard-
ous waste that exceeds 1,000 kilograms in any 30-day period, all
quantities of hazardous wastes, including any and all quantities
of individual hazardous waste(s) generated in amounts less than
1,000 kilograms per 30-day period, are subject to regulation as
hazardous waste.
(d) The Administrator will revise the exclusion of paragraph (c)
to reduce the 1000 kilograms for a 30-day period to 100
kilograms (220 pounds) for a 30-day period. This revision
- will be made through rulemaking initiated not before two
years or after five years after original promulgation of
this Part. The Administrator may make this reduction in
steps during the three-year period.
SUBPART B - CRITERIA FOR IDENTIFYING AND APPLYING
CHARACTERISTICS OF HAZARDOUS WASTE AND
FOR LISTING HAZARDOUS WASTE
261.10 Criteria for Identifying and Applying Characteristics of
Hazardous Waste
(a) The Administrator will identify and establish in Subpart C a
characteristic of hazardous waste if, based on scientific
and technical information and principles, he determines
that:
(1) A solid waste that possesses the characteristic, if
improperly treated, stored, transported, disposed of or
otherwise managed, may:
(i) cause, or significantly contribute to an increase
in, mortality or an increase in serious irrever-
sible, or incapacitating reversible, illness; or
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(ii) pose a substantial present or potential hazard to
human health or the environment; and
(2) The characteristic can be defined in terms of one or
more specific physical, chemical, toxic, radioactive,
infectious or other property of a solid wastes or its
constituent(s) that is:
(i) measurable by an available standardized test method,
described or referenced in this Part, which is rea-
sonably within the performance capability of genera-
tors of solid waste or private sector laboratories
available to serve generators of solid waste; or
(ii) reasonably determinable by generators of solid waste
through knowledge about their waste.
(b) The Administrator will use characteristics of hazardous
waste established in Subpart C as one means of listing
hazardous waste in Subpart D, in accordance with the
criteria for listing hazardous wastes delineated in 261.11.
(c) Characteristics of hazardous waste established in Subpart C
will be used by generators of solid wastes to determine if
solid wastes, not listed in Subpart D, are hazardous wastes.
Comment: 40 CFR 262.11 prescribes the responsibilities of a
generator of solid waste to determine if his waste is a hazard-
ous waste, including his responsibility to use characteristics
of hazardous waste for such determination.
261.11 Criteria for Listing Hazardous Waste
(a) The Administrator will list a solid waste as a hazardous
waste in Subpart D if, after considering the criteria de-
lineated in paragraphs (d) through (j) of this Section, he
determines that the solid waste, if improperly treated,
stored, transported, disposed of or otherwise managed, may:
(1) cause, or significantly contribute to an increase in
mortality or an increase in serious irreversible, or
incapacitating reversible, illness; or
(2) pose a substantial present or potential hazard to human
health or the environment.
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(b) The Administrator may list classes or types of solid waste
as hazardous waste in Subpart D, if he has reason to believe
that individual wastes, within the class or type of waste,
typically or frequently are hazardous waste in accordance
with paragraph (a).
(c) In listing a hazardous waste or class or type of hazardous
waste in Subpart D, the Administrator will designate the
waste as one or a combination of the following and will
identify such designation by the following respective
parenthetical code(s):
Ignitable Wastes (I)
Corrosive Waste (C)
Reactive Waste (R)
Type I Toxic Waste (TI)
Type II Toxic Waste (Til)
Type III Toxic Waste (Till)
Radioactive Waste (A)
Infectious Waste (N)
(d) The Administrator will list a solid waste as a hazardous
waste and will designate the waste as an ignitable waste if
it possesses the characteristic of ignitability as defined
in 261.20.
(e) The Administrator will list a solid waste as a hazardous
waste and will designate the waste as a corrosive waste if
it possesses the characteristic of corrosiyity as defined in
261.21.
(f) The Administrator will list a solid waste as a hazardous
- waste and will designate the wasjre as a reactive waste if it
possesses the characteristic of reactivity as defined in
261.22.
(g) The Administrator will list a solid waste as a hazardous
waste and will designate the waste as a Type II toxic waste
if the waste contains a toxic constituent(s), including any
constituent(s) listed in Table I of 261.23, which has been
shown in reputable scientific studies to have toxic effects
to humans, other mammalians or aquatic life and if, after
considering the following factors, he determines that the
waste meets the criterion of paragraph (a):
(1) The degree and nature of the toxicity presented by the
toxic constituent(s).
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(2) The concentration of the toxic constituent(s) in the
waste.
(3) The propensity of the toxic constituent(s) or any toxic
by-product(s) or toxic degradation product(s) thereof to
migrate from the waste into the environment through
soluabilization, volatilization, sublimation or other
transport mechanism or to be emitted into the atmosphere
through burning of the waste that could attend the
type(s) of improper management considered under sub-
paragraph (7).
(4) The persistence of the toxic constituent(s) or toxic
by-products or toxic degradation product(s) thereof in
the environment.
(5) The potential for and rate at which the toxic constitu-
ents) or toxic by-product(s) or toxic degradation
product(s) thereof degrades to non-toxic constituents in
the environment.
(6) The potential for and degree to which the toxic consti-
tuent(s) or toxic by-product(s) or toxic degradation
product(s) thereof bioaccumulates in ecosystems.
(7) The plausible and possible type(s) of improper treatment
(including incineration or burning), storage, transpor-
tation, disposal and/or other management to which the
waste could be subjected.
(8) The quantities of the waste generated by individual
facilities and the aggregate quantities generated
nationwide and/or in a particular region(s) of the coun-
try.
(9) The types, nature and severity of the human health and
environmental damages that have occurred as a result of
improper management of wastes containing the toxic con-
stituents) .
Comment: This criterion will enable the Administrator to list
a solid waste as a hazardous waste if it possesses the charac-
teristic of Type I toxicity defined in 261.23.
(h) The Administrator will list a solid waste as a hazardous
waste and will designate the waste as a Type III toxicity
waste if the waste contains a constituent(s) which has been
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shown in reputable scientific studies to be a known or sus-
spected human carcinogen, mutagen or teratogen and if, after
considering the following factors, he determines that the
waste meets the criterion of paragraph (a):
(1) The degree and nature of the carcinogenicity, mutagenic-
ity or teratogenicity presented by the constituent(s).
(2) The concentration of the constituent(s) in the waste.
(3) The propensity of the constituent(s) or any toxic by-
product(s) or toxic degradation product(s) thereof to
migrate from the waste into the environment through
solubilization, volatilization, sublimation or other
transport mechanism or to be emitted into the atmosphere
through burning of the waste that could attend the
type(s) of improper management considered under sub-
paragraph (7).
(4) The persistence of the constituent(s) or any toxic by-
product(s) or toxic degradation product(s) thereof.
(5) The potential for and rate at which the constituent(s)
or toxic by-product(s) or toxic degradation product(s)
thereof degrades to non-toxic or genetically inactive
constituents in the environment.
(6) The plausible and possible type(s) of improper treatment
(including incineration or burning), storage, transpor-
tation, disposal, and/or other management to which the
waste could be subjected.
(7) The quantities, of the waste generated by individual
facilities and the aggregate 'quantities of the waste
generated nationwide and/or in particular region(s) of
the country.
(8) The types, nature and severity of the human health and
environmental damages that have occurred as a result of
improper management of the wastes containing the con-
stituents) .
(i) The Administrator will list a solid waste as a hazardous
waste and will designate the waste as a radioactive waste if
the waste is a solid state waste and contains radium 226 in
a concentration greater than 5 picocuries per gram, and if,
after considering the following factors, he determines that
the waste meets the criterion of paragraph (a):
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(1) The potential for and degree to which radioactive emis-
sions generated by the radium 226 and its decay products
will enter the environment under the type(s) of improper
management considered under subparagraph (2).
(2) The plausible and possible type(s) of improper storage,
disposal and/or other management to which the waste
could be subjected.
(3) The quantities of waste that might be stored or disposed
of at an individual site or in an individual area.
(4) The types, nature and severity of the human health and
environmental damages that have occurred as a result of
improper management of the wastes containing radium 226.
(j) The Administrator will list a solid waste as a hazardous
waste and will designate the waste as an infectious waste if
he determines that the waste, unless treated by one of the
methods prescribed in Appendix V by and at the facility
generating the waste, meets the criterion of paragraph (a)
because it is generated by a source that has a high likeli-
hood of introducing, into the waste, high concentrations of
the etiologic agents listed in Appendix VI.
(k) The Administrator will use the criteria for listing pre-
sented in paragraphs (g) and (h) to establish, for any Types
II or III toxic wastes listed in Subpart D, the exclusion
limits referred to in 261.4(c)(4).
SUBPART C - CHARACTERISTICS OF HAZARDOUS WASTE
261.20 Characteristic of Ignitability
(a) A solid waste possesses the characteristic of ignitability
if a representative sample of the waste:
(1) Is a liquid and has a flash point less than 60°C
(140°F), as determined by either a Pensky-Martens Closed
Cup Tester, using the test method specified in ASTM
Standard D-93-72, or a Setaflash Closed Cup Tester,
using the test method specified in ASTM Standard
D-3278-73, or an equivalent test method approved by the
Administrator pursuant to procedures set forth in
261.41; or
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(2) Is not a liquid and is capable, under standard tempera-
ture and pressure, of causing fire through friction,
absorption of moisture, or spontaneous chemical changes,
and when ignited, burns so vigorously and persistently
as to create a hazard during its management; or
(3) Is an ignitable compressed gas as defined in and as de-
termined by test methods described in 49 CFR 173.300; or
(4) Is an oxidizer as defined in 49 CFR 173.151.
(b) A solid waste that possesses the characteristic of ignit-
ability is a hazardous waste, even if not listed as a
hazardous waste in Subpart D.
(c) The EPA Hazardous Waste Identification Number of a hazardous
waste that possesses the characteristic of ignitability, but
is not listed as a hazardous waste in Subpart D, is 1000.
261.21 Characteristic of Corrosivity
(a) A solid waste possesses the characteristic of corrosivity if
a representative sample of the waste:
(1) Is aqueous and has a pH less than or equal to 2 or
greater than or equal to 12.5, as determined by a pH
meter using either the test method specified in the
"Methods for Chemical Analysis of Water and Wastes"
(EPA-600/4-79-020, March 1979), or an equivalent test
method approved by the Administrator under procedures
set forth in 261.41; or
(2) Corrodes steel (SAE 1020) at a rate greater than 0.250
inch per year at a test temperature of 55°C (130°F) as
determined by the test method specified in NACE
(National Association of Corrosion Engineers) Standard
TM-01.69 or an equivalent test method approved by the
Administrator under procedures set forth in 261.41.
(b) A solid waste that possesses the characteristic of cor-
rosivity is a hazardous waste even if not listed as a
hazardous waste in Subpart D.
(c) The EPA Hazardous Waste Identification Number of a hazardous
waste that possesses the characteristic of corrosivity, but
is not listed as a hazardous waste in Subpart D, is 0100.
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261.22 Characteristic of Reactivity
(a) A solid waste possesses the characteristic of reactivity if
a representative sample of the waste:
(1) Is either (i) normally unstable and readily undergoes
violent change without detonating; or (ii) reacts vio-
lently with water, or (iii) forms potentially explosive
mixtures with water; or (iv) generates toxic gases,
vapors or fumes when mixed with water; or (v) is a cya-
nide or sulfide bearing waste which can generate toxic
gases, vapors or fumes in quantities sufficient to pre-
sent a danger to human health or the environment when it
is exposed to conditions of pH between 2 and 12.5; or
(2) Is capable of detonation or explosive reaction if sub-
jected to a strong initiating source or if heated under
confinement; or
(3) Is readily capable of detonation or explosive decomposi-
tion or reaction at standard temperature and pressure;
or
(4) Is a forbidden explosive as defined in 49 CFR 173.51, is
a Class A explosive as defined in 49 CFR 173.53, or is a
Class B explosive as defined in 49 CFR 173.58.
(b) A solid waste that possesses the characteristic of reactiv-
ity is a hazardous waste even if not listed as a hazardous
waste in Subpart D.
(c) The EPA Hazardous Waste Identification Number of a hazardous
waste that possesses the characteristic of reactivity, but
is not listed as a hazardous waste in Subpart D, is 0010.
261.23 Characteristic of Type I Toxicity
(a) A solid waste possesses the characteristic of Type I toxi-
city if the extract from a representative sample of the
waste contains any of the contaminants listed in Table I at
a concentration equal to or greater than the respective
value given in the table, using the test method prescribed
in paragraphs (b) and (c).
(b) The extract must be obtained by using either the Extraction
Test Method described in Appendix II or an equivalent test
method approved by the Administrator under 261.41.
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EPA
Hazardous Waste
Identification No.
0021
0031
0041
0051
0061
0071
0081
0091
0201
0301
0401
0501
0601
0701
Table I
Maximum Concentration of Contaminants
for Characteristic of Type I Toxicity
Contaminant
Maximum
Concentration
(milligrams per liter)
Arsenic 5.0
Barium 100.0
Cadmium 1.0
Chromium 5.0
Lead 5.0
Mercury 0.2
Selenium 1.0
Silver 5.0
Endrin (l,2,3,4,10,10-hexachloro-6,
7-epoxy-l,4 4a,5,6,7,8,8a-octahydro-l,
4-endo, endo-5,8-dimethano naphthalene 0.02
Lindane (1,2,3,4,5,6-
hexachlorocyclohexane, gamma
• isomer . . . . . < . . .- . . . . .0.4
Methoxychlor l,l,l-Trichloro-2,2-bis
(p-methoxyphenylethane) 10.1
Toxaphene (CioH]_OCI, Technical chlorinated
camphene, 67-69 percent chlorine) 0.5
2,4-D, (2,4-Dichlorophenoxyacetic
(acid) 10.1
2,4,5-TP Silvex (2,4,5-
Trichlorophenoxypropionic acid) 1.0
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Comment: Where the waste is in a liquid state as defined in the
test method described in Appendix II, the waste itself is con-
sidered as the extract for the purposes of this Section.
(c) The concentrations of contaminants in the extract must be
determined by using either the following test methods or
equivalent test methods approved by the Administrator under
§261.41:
(1) For arsenic, barium, cadmium, chromium, lead, mercury,
selenium and/or silver: "Methods for Analysis of Water
and Wastes," Environmental Monitoring and Support
Laboratory, Office of Research and Development, U.S.
Environmental Protection Agency, Cincinnati, Ohio 45268
(EPA-600/4-79-020, March 1979).
(2) For Endrin, Lindane, Methoxychlor and/or Toxaphene:
"Method for Organochlorine Pesticides in Industrial
Effluents," MDQARL, Environmental Protection Agency,
Cincinnati, Ohio, November 28, 1973.
(3) For 2, 4-D and 2, 4, 5-TP Silvex: "Methods for Chlori-
nated Phenoxy Acid Herbicides in Industrial Effluents,"
MDQARL, Environmental Protection Agency, Cincinnati,
Ohio, November 28, 1973.
(d) A solid waste that possesses the characteristic of Type I
toxicity is a hazardous waste even if not listed a a hazard-
ous waste in Subpart D.
(e) The EPA Hazardous Waste Identification Numbers of a hazard-
ous waste that possesses the characteristic, of Type I toxi-
city,. but i-s not listed in Subpart D, are listed in Table I.
261.24 [Reserved]
261.25 [Reserved]
261.26 [Reserved]
261.27 [Reserved]
261.28 [Reserved]
261.29 Representative Sample
For the purposes of this Subpart, a representative sample must
be obtained using either one of the sampling methods described in Ap-
pendix I or an equivalent sampling method approved by the Admini-
strator under §261.41.
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SUBPART D - LISTS OF HAZARDOUS WASTES
261.30 General
(a) A solid waste, as defined in §261.2, is a hazardous waste if
it is listed in this Subpart, unless it is generated by an
individual facility and has been exempted from regulation
under §261.39.
(b) Each of the hazardous wastes listed in this Subpart is
designated by one or more of the following parenthetical
code(s) in accordance with §261.11(c):
Ignitable Waste (I)
Corrosive Waste (C)
Reactive Waste (R)
Type I Toxic Waste (TI)
Type II Toxic Waste (Til)
Type III Toxic Waste (Till)
Radioactive Waste (A)
Infectious Waste (N)
(c) Each hazardous waste listed in this Part is assigned an EPA
Hazardous Waste Identification Number which precedes the
name of the waste. This identification number must be used
in notification under Section 3010 of the Act and in certain
recordkeeping and reporting requirements under 40 CFR Parts
262 through 266 and 40 CFR Parts 122 through 124.
(d) Certain of the hazardous wastes listed in this Subpart con-
tain exclusion limits that refer to §261.(c)(4).
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261.31 HAZARDOUS WASTES FROM NON-SPECIFIC SOURCES
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f
EPA Hazardous Waste
Identification Number
3000
3500
4900
4901
4902
4903
4904
4905
2000
4300
4800
Waste Stream
Spent halogenated solvents and halogenated
solvent recovery sludges from degreasing
operations (specific degreasing compounds
will be listed)
Spent halogenated solvents and halogenated
solvent recovery sludges from degreasing
operations (specific degreasing compounds
will be listed)
Used engine oils
Used transmission fluids
Used hydraulic fluids
Used general industrial lubricants
Used metal working oils
Paint wastes (such as latex sludge, spent
solvents)
Water-based paint wastes
Waste paint and varnish remover
Spent or waste cyanide salt solutions or
sludges
Hazard Code
(Til)
(Till)
(TI, Til)
(TI, Til)
(TI, Til)
(TI, Til)
(TI, Til)
(TI, Til)
(TI)
(I, Til)
(R, Til)
-------
f
EPA Hazardous Waste
Identification Number
3001
4550
2001
4000
4301
4400
3002
3501
5100
4101
6150
Waste Stream
Spent or waste complex cyanide solutions or
sludges
Etching or cleaning acid (or caustic) solutions
Etching or cleaning acid (or caustic) sludges
Non-halogenated solvents and solvent recovery
still bottoms (specific solvents will be listed)
Non-halogenated solvents and solvent recovery
still bottoms (specific solvents will be listed)
Non-halogenated solvents and solvent recovery
still bottoms (specific solvents will be listed)
Halogenated solvents and solvent recovery
still bottoms (specific solvents will be listed)
Halogenated solvents and solvent recovery
still bottoms (specific solvents will be listed)
Halogenated solvents and solvent recovery
still bottoms (specific solvents will be listed)
Waste or waste off-spec toluene diisocyanate
Leachate from hazardous waste disposal facilities
Hazard Code
(Til)
(C, TI)
(TI)
(I)
(I, Til)
(I, Till)
(Til)
(Till)
(Til, Till)
(R)
(TI, Til, T
-------
2!
ro
EPA Hazardous Waste
Identification Number
2002
5101
5102
5103
5104
5105
5106
5107
5108
5109
Waste Stream
Electroplating wastewater treatment sludges
Reactor clean-up wastes from the chlorination,
dehydrochlorination or oxychlorination of
aliphatic hydrocarbons
Fractionation bottoms from the separation of
chlorinated aliphatic hydrocarbons
Distillation bottoms from the separation of
chlorinated aliphatic hydrocarbons
Washer wastes from the production of chlorinated
aliphatic hydrocarbons
i
Spent catalyst from the production of chlorinated
aliphatic hydrocarbons
Reactor clean-up wastes from the chlorination of
oxychlorination of cyclic aliphatic hydrocarbons
Fractionation bottoms from the separation of
chlorinated cyclic aliphatic hydrocarbons
Distillation bottoms from the separation of
chlorinated cyclic aliphatic hydrocarbons
Washer wastes from the production of chlorinated
cyclic aliphatic hydrocarbons
Hazard Code
(TI)
(Til, Till)
(Til, Till)
(Til, Till)
(Til, Till)
(Til, Till)
(Til, Till)
(Til, Till)
(Til, Till)
(Til, Till)
-------
EPA Hazardous Waste
Identification Number
53
to
5110
5111
5112
5113
5114
5115
5116
3502
Waste Streams
Spent catalyst from the production of
chlorinated cyclic aliphatic hydrocarbons
Batch residues from the production of
chlorinated polymers
Solution residues from the production of
chlorinated polymers
Reactor clean-up wastes from the separation of
chlorinated aromatic hydrocarbons
Fractionation bottoms from the separation of
chlorinated aromatic hydrocarbons
Distillation bottoms from the separation of
chlorinated aromatic hydrocarbons
Washer wastes from the production of chlorinated
aromatic hydrocarbons
Poly'chlorinated Biphenyls (PCB) and PCB items as
defined in 40 CFR Part 761
Hazard Code
(Til, Till)
(Til, Till)
(Til, Till)
(Til, Till)
(Til, Till)
(Til, Till)
(Til, Till)
(Till)
-------
261.32 HAZARDOUS WASTES FROM SPECIFIC SOURCES
N-28
-------
f
to
VO
EPA Hazardous Waste
Identification Number
7000
7001
4906
4907
4908
4909
4910
2003
5117
2004
Waste Stream
Sub-ore and other discarded materials from
uranium mining
Leach zone overburden, discarded phosphate
ore and slimes from phosphate surface mining
Wool fabric dying and finishing wastewater
treatment sludges
Woven fabric dying and finishing wastewater
treatment sludges
Knit fabric dying and finishing wastewater
treatment sludges
Yarn and stock dying and finishing wastwater
treatment sludges
Carpet dying and finishing wastewater treatment
sludges
Wool scouring wastewater treatment sludges
Bottom sediment sludge from wood-treating process
Mercury bearing sludges from brine treatment
and mercury bearing brine purification muds
from the mercury cell process in chlorine
production
Hazard Code
(A)
(A)
(TI, Til)
(TI, Til)
(TI, Til)
(TI, Til)
(TI, Til)
(TI)
(Til, Till)
(TI)
-------
EPA Hazardous Waste
Identification Number
Waste Stream
Hazard Code
f
2005
5118
2006
2007
2008
2009
2010
2011
Wastewater treatment sludge from diaphragm
cell process using graphic anodes in production
in chlorine
Chlorinated hydrocarbon bearing wastes from
diaphragm cell process using graphite anodes in
chlorine production
Wastewater treatment sludges from the production
of Ti02 pigment using chromium bearing ores by
the chloride process
Wastewater treatment sludges from the production
of Ti02 pigment using chromium bearing ores by
the sulfate process
Arsenic bearing sludges from purification process
in the production of anitomy oxide
Antimony bearing wastewater treatment sludges
from purification process in the production of
antimony oxide
Wastewater treatment sludge from production of
chrome green pigment
Wastewater treatment sludge from production of
anhydrous & hydrated chrome oxide green pigment
(TI)
(Til, Till)
(TI)
(TI)
(TI)
(TI)
(TI)
(TI)
-------
f
U)
EPA Hazardous Waste
Identification Number
2012
3003
2013
2014
2015
7002
7003
5119
6151
5700
Waste Stream
Oven residue from the production of chrome
oxide green pigments
Wastewater treatment sludge from the production
of iron blue pigments
Wastewater treatment sludge from the production
of chrome yellow and orange pigments
Wastewater treatment sludge from the production
of molybdate orange pigments
Wastewater treatment sludge from the production
of zinc yellow pigments
Slag and fluid bed prills from elemental
phosphorus production
Waste gypsum from phosphoric acid production
Polyvinyl chloride sludge from the manufacture
of polyvinyl chloride
Arsenic or organo-arsenic containing Wastewater
treatment sludges from production of veterinary
pharmaceut icals
Solvent cleaning wastes from paint production
Hazard Code
(TI)
(Til)
(TI)
(TI)
(TI)
(A)
(A)
(Til, Till)
(TI, Til, T
(I, TI, Til
-------
EPA Hazardous Waste
Identification Number
4911
5950
2016
2017
4001
4002
3004
3005
3006
5120
5121
Waste Stream
Water Cleaning wastes from paint production
Caustic cleaning wastes from paint production
Wastewater treatment sludges from paint production
Air pollution control sludges from paint
production
Light ends from the distillation of acetaldehyde
in the production of acetic anhydride
Heavy ends from the distillation of acetaldehyde
in the production of acetic anhydride
Distillation bottoms from the production of
acetaldehyde from ethylene
Bottom stream from quench column in acrylonitrile
production
Bottom stream from wastewater stripper in
production of acrylonitrile
Still bottoms from final purification of acrylo-
nitrile
Solid waste discharge from ion exchange column
in production of acrylonitrile
Hazard Code
(TI, Til)
(C, TI, Til
(C, TI, Til
(TI)
(I)
(I)
(Til)
(Til)
(Til)
(Til, Till)
(Til, Till)
-------
EPA Hazardous Waste
Identification Number
Waste Stream
Hazard Code
f
CO
CO
5122
3007
3008
3009
3010
3011
5123
5124
3012
5125
Waste stream from purification of HCN in
production of acrylonitrile
Waste stream (column bottoms) from acetronitrile
purification in production of acrylonitrile
Still bottoms from aniline production
Distillation residues from separation of
chlorobenzenes
Heavy ends or distillation residues from the
carbon tetrachloride fractionation tower
Waste from the manufacture of dibromo-
chloropropane (DBCP)
Heavy ends (still bottoms) from fractionator in
production of epichlorohydrin
Heavy ends from fractionation in ethyl chloride
production
Heavy ends from distillation of ethylene
dichloride in ethylene dichloride production
Waste from the neutralization of spent hydrogen
fluoride in the production of fluoromethanes
(Til, Till)
(Til)
(Til)
(Til)
(Til)
(TIIO
(Til, Til)
(Til, Till)
(Til)
(Til, Till)
-------
f
u>
EPA Hazardous Waste
Identification Number
5126
5127
3013
5128
5129
2018
3014
3015
3016
3017
Waste Stream
Spent catalyst from the fluorination reactor in
the production of fluoromethanes
Still bottoms from the purification of fluoro-
methanes in the production of fluoromethanes
Still bottoms from production of furfural
Heavy ends from the production of glycerine
from allyl chloride
Residues from the production of hexachloro-
phenol, trichlorophenol and 2, 4, 5-T
Lead slag from lead alkyl production
Vacuum still bottoms from the production of
maleic anhydride
Still bottoms or heavy ends from methanol recovery
in methyl methacrylate production
Heavy ends and light ends from the production
of methyl acrylate
Heavy ends and light ends from the production
of 'ethyl acrylate
Hazard Code
(Til, Till)
(Til, Till)
(Til)
(Til, Till)
(Til, Till)
(TI)
(Til)
(Til)
(Til)
(Til)
-------
f
CO
Ln
EPA Hazardous Waste
Identification Number
3018
3019
3020
3021
5130
5131
4302
4102
5132
5133
Waste Stream
Heavy tars from the production of phenol/acetone
from cumene
Distillation residues from production of phthalic
anhydride from naphthalene
Aqueous effluent from scrubbing of spent acid in
nitrobenzene production
Purification column wastes from production of
nitrobenzene
Still bottoms from the production of
pentachloronitrobenzene
Vacuum distillation residues from purification
of l-chlor-4-nitrobenzene
Stripping still tails from production of methyl
ethyl pyridines
Centrifuge residue from toluene diisocyanate
production
Spent catalyst from hydrochlorinator reactor
in the production of 1,1,1-trichloroethane
Waste from the product stream stripper in the
production of 1,1,1-trichloroethane
Hazard Code
(Til)
(Til)
(Til)
(Til)
(Til, Till)
(Til, Till)
(I, Til)
(R)
(Til, Till)
(Til, Till)
-------
f
EPA Hazardous Waste
Identification Number
5134
3022
3023
5135
5136
5137
5138
5139
2019
5140
5141
Waste Stream
Process clean out sludges from the production
of 1,1,1-trichloroethane
Column bottoms or heavy ends from the
production of trichloroethylene
Heavy ends from distillation of vinyl chloride
in production of vinyl chloride from ethylene
dichloride
Wastewater treatment sludges from the production
of aldrin
Wastewater treatment sludges from the production
of alachlor
Scrubber and filter wastes from the production
of atrazine
Tars from manufacture of bicycloheptadiene
Wastewater treatment sludges from the production
OF BROMACIL
Byproducts salts in production of cacodylic acid
Wastewater treatment sludges from the production
Wastewater treatment sludges from the production
_ c t_ 1
Hazard Code
(Til, Till)
(Til)
(Til)
(Til, Till)
(Til, Till)
(Til, Till)
(Til, Till)
(Til, Till)
(TI)
(Til, Till)
(Til, Till)
-------
EPA Hazardous Waste
Identification Number
5142
5143
5144
5145
5146
5147
5148
5149
5150
5151
5152
Waste Stream
Heavy ends and distillation residue from
production of carbaryl
Wastewater treatment sludges from the production
of carbofuran
Wastewater treatment sludges from the production
of chlordane
Wastewater and scrub water from chlorination
of cyclopentadiene in production of chlordane
Filter solids from filtration of hexachloro-
cyclopentadiene in production of chlordane
Wastewater treatment sludges from the production
of p-chlorobenzene
Wastewater treatment sludges from the production
of chloroxuron
Wastewater treatment sludges from the production
of creosote
Tars from the manufacture of cyclopentadiene
Filter cake from production of diazinon
Wastewater from oxidation of aldrin solution
in production of dieldrin
Hazard Code
(Til, Till)
(Til, Till)
(Til, Till)
(Til, Till)
(Til, Till)
(Til, Till)
(Til, Till)
(Til, Till)
(Til, Till)
(Til, Till)
(Til, Till)
-------
EPA Hazardous Waste
Identification Number
5153
5154
5155
5156
f
£ 5157
5158
5159
5160
5161
5162
Waste Stream
Wastewater from extraction of dieldrin
solution -in production of dieldrin
2, 6-D waste by-products from production
of 2, 4-D
Wastewater treatment sludges from the production
of diuron '
Unrecovered triester from production of
disulfoton
Still bottoms from toluene reclamation distil-
lation in production of disulfoton
Wastewater treatment sludges from the production
of disulfoton
Wastewater treatment sludges from the production
of dithiocarbamates
Wastewater treatment sludges from the production
of malathion
Filter cakes from filtration of dimethylphos-
phorothion and DMTA in production of malathion
Liquid wastes from washing and stripping in
production of malathion
Hazard Code
(Til, Till)
(Til, Till)
(Til, Till)
(Til, Till)
(Til, Till)
(Til, Till)
(Til, Till)
(Til, Till)
(Til, Till)
(Til, Till)
-------
EPA Hazardous Waste
Identification Number
f
5163
5164
2020
5165
5166
5167
5168
6152
6153
Waste Stream
Wastewater treatment sludges from the production
of methomyl
Wastewater treatment sludges from the production
of methyl parathion
Byproducts salts in production of MSMA
Wastewater treatment sludges from the
production of pentachlorophenol
Liquid and solid wastes from the washing,
stripping and filtering of phorate in phorate
production
Filter cake from the filtration of diethyl-
phbsphorodithoric acid in the production of
phorate
Wastewater treatment sludges from the production
of phorate
Filter cake from the filtration of toxaphene
solution in production of toxaphene
Wastewater treatment sludges from the production
of toxaphene
Hazard Code
(Til, Till)
(Til, Till)
(TI)
(Til, Till)
(Til, Till)
(Til, Till)
(Til, Till)
(TI, Til, Till)
(TI, Til, Till)
-------
EPA Hazardous Waste
Identification Number
f
5169
5170
5171
6300
2049
7200
4051
4103
3025
2021
Waste Stream
Heavy ends of distillation residues from
distillation of tetrachlorobenzene in
production of 2, 4, 5-T
Wastewater treatment sludges from the
production of trifluralin
Wastewater treatment sludges from the
production of vernoloate
Wastewater treatment sludges from explosives
propellants and initiating compounds manufacture
Wastewater treatment sludges from production
of initiating compounds
Wastes recovered from acid vapor scrubber
stream in the production of RDX/HMX
Catch basin materials in RDX/HMX production
Spent carbon columns used in treatment of
wastewater LAP operations
Red water and pink water from TNT production
Sludges/wastes from tub washes derived from ink
formulations containing feedstocks or pigments
of lead, chromium, barium, cadmium, aresenic or
mercury
Hazard Code
(Til, Till)
(Til, Till)
(Til, Till)
(I, C, R, TI)
(TI
(I, R, Til)
(C)
(R)
(Til)
(TI)
-------
EPA Hazardous Waste
Identification Number
Waste Stream
Hazard Code
2022
5900
2023
f
-JS
2024
2025
2026
Wash water/sludges from ink printing
equipment cleanup containing feedstocks or
pigments of arsenic, barium, cadmium, chromium,
lead or mercury
Waste ferricyanide bleach, dichromate bleach,
color developer bleach fix and acid solution
from photographic processing
Dissolved air flotation (DAF) float from
treatment of the oily water sewer in a
petroleum refinery that produces tetraethyl
lead containing products or uses chromium
in their cooling tower water
Slop oil emulsion solids resulting from
treatment of oily water sewer in a
petroleum refinery that produces tetra-
ethyl lead containing products or uses
chromium in their cooling tower water
Petroleum refining exchanger bundle cleaning
solvent
API separator sludge from the API separator
handling the oily wastewater sewer in a
petroleum refinery that produces tetraethyl
lead containing products or uses chromium in
their cooling tower water
(TI)
(C, R, TI)
(TI)
(TI)
(TI)
(TI)
-------
f
-o
10
EPA Hazardous Waste
Identification Number
2044
2045
2046
2047
2048
4750
4912
4050
4913
2027
4551
Waste Stream
Chrome (blue) trimmings from leather
tanning and finishing operations
Chrome shavings from leather tanning and
finishing operations
Buffing dust from leather tanning and
finishing operations
Sewer screenings from leather tanning and
finishing
Wastewater treatment sludge from leather
tanning and finishing operations except
for dehairing
Wastewater treatment sludge from dehairing
operations in leather tanning and finishing
operations
Coking: Decanter tank tar/pitch/sludge
Coking: Caustic neutralization waste
Coking: Ammonia still lime sludge
Irpn Making: Electric furnace dust/sludge
Steel Finishing: Waste pickle liquor
Hazard Code
(TI)
(TI)
(TI)
(TI)
(TI)
(R, TI)
(TI, Til)
(C)
(TI, Til)
(TI)
(C, TI)
-------
a
*-
CO
EPA Hazardous Waste
Identification Number
2028
4801
2029
2030
2031
2032
2050
2033
2034
2051
Waste Stream
Steel Finishing: Waste pickle liquor treat-
ment sludge
Steel Finishing: Cyanide-bearing wastes from
electrolytic coating
Steel Finishing: chromate and dichromate
wastes from chemical treatment
Emission control dust/sludge from ferro-
chromesilicon (FeCrSi) production
Emission control dust/sludge from ferro-
chrome (FeCr) production
Emission control dust/sludge from ferro-
manganese. (FeMn) production
Lead-bearing wastewater treatment sludges
from gray iron foundries
Emission control dust/sludge from smelter
furnace converters
Wastewater and/or acid plant blowdown
treatment sludge/lagoon solids
Primary lead: lagoon dredging from smelter
! Hazard Code
(TI)
: (R, TII)
(TI)
(TI)
(TI)
(TI)
: (TI)
; (TI)
(TI)
(TI)
-------
f
EPA Hazardous Waste
Identification Number
2035
2036
2037
3024
7004
2038
2039
2040
2041
2042
2043
Waste Stream
Process wastewater and/or acid plant blowdown
Electrolytic anode slimes /sludges
Cadmium plant leachate residue (iron oxide)
Spent potliners (cathodes) from primary
aluminum reduction
Chlorinator residue and clarifier sludge
from zirconium extraction
Emission control dust/sludge from secondary
lead smelting
Wastewater treatment sludges from lead acid
storage battery production
Cleanup wastes from cathode and anode paste
production from lead acid battery production
Wastewater treatment sludges from nickel-
cadmium battery production
Wastewater treatment sludges from cadmium-
silver oxide battery production
Wastewater treatment sludges from magnesium
carbon battery production
Hazard Code
(TI)
(TI)
(TI)
(Til)
(A)
(TI)
(TI)
(TI)
(TI)
(TI)
(TI)
-------
261.33 Hazardous Wastes from the Discarding of Certain Commercial
Chemical Products and the Containers and Spill Residues
Thereof
(a) Any commercial chemical product or manufacturing chemical
intermediate that is typically known by a name listed in
paragraph (e) and which is to be discarded-in a manner
defined in §261.2(a)(2).
(b) Any off-specification commercial chemical product or manu-
facturing chemical intermediate which, if it met specifi-
cations, would typically be known by a name listed in
paragraph (e) and which is to be discarded in a manner
defined in §261.2(a)(2).
(c) Any container or inner liner of a container that has been
used to transport, store or otherwise hold any commercial
chemical product or manufacturing chemical intermediate
that is typically known by a name listed in paragraph (e),
and which is to be discarded in a manner defined in §261.2
(a)(2), unless the container has been triple rinsed using
a solvent capable of removing the commercial chemical pro-
duct or manufacturing chemical intermediate or has been
cleaned by .another method that has been shown in the scien-
tific literature or by tests conducted by the generator, to
achieve equivalent removal, or unless, in the case of a
container, the inner liner that prevented contact of the
commercial chemical product or manufacturing chemical
intermediate where the container has been removed.
(d) Any residue or contaminated soil, water or other debris
resulting from the cleanup of a spill in or on the land or
water of any commercial chemical product or manufacturing
chemical intermediate that is typically known by a name
listed in paragraph (e).
Comment: The phrase "commercial chemical product or manufactur-
ing chemical intermediate that is typically known by the name
listed in paragraph (e)" refers to a chemical substance which is
manufactured or formulated for commercial or manufacturing use.
It does not refer to a material, such as a manufacturing process
waste, that contains any of the substances listed in paragraph
(e). Where a manufacturing process waste is deemed to be a
hazardous waste because it contains a substance(s) listed in
paragraph (e), such waste will be listed either in §261.31 or
§261.32 or will be identified as a hazardous waste by the charac-
teristics in Subpart C. Additionally, the effect of paragraphs
... N-45
-------
(a), (b) and (c) of this Section is not to list chemical sub-
stances or containers thereof that are destined for continued
commercial or manufacturing use or for commercial or manufactur-
ing reuse or processing for material or energy recovery. A
chemical substance or container thereof listed in accordance
with paragraphs (a), (b) and (c) is a hazardous waste only if it
is discarded in a manner defined in §261.2(a)(2).
(e) The commercial chemical products or manufacturing chemical
intermediates referred to in paragraphs (a) through (d),
and the corresponding EPA Hazardous Waste Identification
Numbers are listed in Table 2.
261.34 Hazardous Wastes that are Designated as Infectious Wastes
(a) Hospital wastes (N). Any of the following wastes from a
hospital in SIC Codes 8062 and 8069 which contain any of
the designated etiologic agents in Appendix VI, unless the
waste is treated by and at the hospital by one of the
treatment methods prescribed in Appendix V.
(1) All waste from areas of the hospital housing or treat-
ing patients held in "strict" or "wound and skin"
_ _isolation and all feces from patients with diseases of
unknown cause.
(2) All waste from the microbiological laboratories of
the hospital.
(3") All waste from laboratories of the hospital handling
blood or blood products.
(4) All pathological wastes from the hospital that derive
from emergency treatment or surgery of patients having
infectious diseases or diseases of unknown cause.
(5) All sharp objects, including needles, syringes, and
blades, used in the treatment of patients with infec-
tious diseases or diseases of unknown cause or used in
administering disease vaccines.
(b) Veterinary hospital wastes (N). Any of the following
wastes from a veterinary hospital in SIC Codes 9741 and
0742 which contain any of the etiologic agents in Appendix
VI, unless the waste is treated by and at the hospital by
one of the treatment methods prescribed in Appendix V:
N-46
-------
Table 2
Reactive Materials (R)
EPA Hazardous
Waste Numbers Substance
8001 Ammonium picrate
8002 Dichlorosilane
8003 Diethylarsine
8004 Mercury fulminate
8005 Nitroglycerine
8006 Phosphine
8007 Stannic chloride
(2) Toxic Materials
Substance
Acetato, phenyl-mercury
. Acetic acid, idio-sodium
salt
Acetic acid, thallium (I)
salt
3-(alpha-Acetonylbenzyl)- 4-hydroxy
courmarin
3-(alpha-Acetonylbenzyl)- 4-hydroxy
courmarin, sodium salt
l-Acetyl-2-thio-urea
Acetylened icarboxylic ac id,
monpotoassium salt
Acrolein
Allyl alcohol
N-47
-------
Allylacetate
5-(Aminomethyl)-3-isoxozolol
6-Amino-l,la,2,8,8a,8b-
hexahydro-8-(hydroxy methyl) -
3a-methoxy-5-methyl-, carbamate,
azirino (2',3':3,4) pyrrolo
(l,2a) indole-4,7-dione (ester)
4-Aminopyridlne
2-(aminocarbonyl) oxyl)-N,N,N-
trimethyl-,chloride enthananinium
Arsenic acid
Arsenic acid, calcium salt
Arsenic Pentoxide
Arsenious acid, monosodium salt
Arsenic trioxide
Benzenearsenic acid
Benzenesulfonyl chloride
Benzenethiol
bis (chloromethyl) ether
Bromo-acetic acid
Brucince
2-Butanone peroxide
2-sec-Butyl-4,6-dinitro-phenol
Calcium cyanide
Carbamic acid, methylester
with N'-(m-hydro-)
N-48
-------
2-2-dichlorovinyl dimethyl
phosphoric acid ester
l,2:3,4-Diepoxy butane
2-diethoxylphinylimino-4-methyl-
1-1,3-ditholane
2-Diethyl 0-pryazinyl
phosphorothioate, 0
Diethylamino-acetonitrile
Dihydrochloride emetine
3,4-Dihydroxy-alpha-(methylamino),
(-)-benzyl alcohol
Dimethyl disulfide
3,3-dimethyl-l-methylthio-O-
(methylamino carbonyl)-
2^butanone oxime
alpha-Dimethylbenzylhydro-peroxide
alpha
alpha-Dimethylphenethylamine, alpha
4,6-Dinitro-o-cresol
• 4,6-Dinitro-o-cresol,•sodium salt
2,4-Dinitrophenol
xypheny1-N,N-d imethy1-
formamidine, hydrochloride
Carbonachloride acid, methyl
ester
Carbonyl fluoride
2-Chloro, methyl, acyrlic acid
ester
N-49
-------
l-(p-Chlorobenzoyl)-5-methoxy-2-methyl-
indole-3-acetic acid
l-(o-Chlorophenyl)-thio-urea
3-Chloropropionitrile
alpha-chlorotoluene
2-Chloropyridine
Cyanogen
2-Cyclohexen-l-one
Cytisine
Diacetoxydibutylstannane
l,2-Dibromo-3-chloro propane
Dibutylozostannane
1,4-Dichloro-2-butane
1,2-dichloro-ethane
2,4-Dithiobiuret Ethenetetracarbon-
itrile
Ethoxypropyl acrylic acid, ester
3-Ethyl-2-(5- (3-ethyl- 2-
benzothiazolinylidene) -1, 3-
pentadienyl)-benzothiazolium,
iodide
3-ethyl-3-methyl-glutarimide
N,N'-Ethylenebis (3-flroro-
salicylideneiminato)- Cobaltz
(El)
Ethylenimine
2-Fluoro-acetamide
5-Fluoro-uracil
N-50
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Furfuryl alcohol
l,2,3,4,10,19-Hexachloro-l,4,4a,5,8,8a-
Hexahydroendo, endo-l,4:5, 8-
dimethanonaphthalene
Hexachloro propane
l,l,l,3,3,3-Hexafluoro-2-propane
Hydrocyanic acid
Hydrogen sulfide
Hydroxyacetonitrile
lodoacetic acid
lH-Indole-3-butanoic acid
Isocyanic acid, methyl ester
p-Mentha-6,8-dien-2-one, (s)-
Mercury (II) chloride
Mercury (II) cyanide
Mercury (II) iodide
Mercury (II) oxide
Methanerthiol
Methyl hydrazine
2-Methyl-2-(methylthio-,) 0-
(methylcarbamoyl) propionaldehyde
oxime
alpha-Methylphenethylamine (+)-
2-methyl-3-( 3 , 7 , 11 , 15- tetramethyl-
2-hexecenyl)-l,4 naphthalendeione
2-methylaziridien
N-51
-------
2-methyllactronitrile
l-(napthyl)-2-thio-urea
B-Napthylamina
Nickel carbonyl
2-Nitro propane
p-Nitroaniline
Nitrogen dioxide
l-nitrophenyl-3-(3-pyridylmethyl)
urea
N-Nitrosodimethylamine
Octamethylpyrophosphoramide
Oleyl alcohol condensed
with 2 moles ethylene oxide
Osmium tetroxide
7-Oxabicyclo (2.2.1) haptane-2,3-
dicarboxylic acid
Pentachlorophenol •
Pentachlorophosphorane
l-Phenal-2-thio-urea
Phenyl acetonitrile
1,4-Phenylenedi-isothiocyanic acid
N-PhenyImaleimide
Phosphorofluoridate, bis (1-
methylethyl)
Phosphorothioic acid, 0,0-
dimethyl ester, 0-ester with p-
hydroxy-
N-52
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Phthalonitrile
Potassium fluorozirconate
Potassium silver cyanide
Propionitrile
1,2-Propanediol
2-Propyn-l-ol
9,10-Secocholesta-5,7,10(19)-trien-
3-beta-dl
Selenious acid, disodium salt
Seleno-urea
Silver (I) Nitrate
Sodium azide
Strychnine
Tetraethyl plumbane
Tetranitromethane
Thallic oxide
Thallium (I) carbonate
Thallium (I) chloride
Octadecanoic acid cadmium salt
Thallium (I) nitrate
Thallium (I) sulfate
Thiosemicarbazide
Sulfonimide
Vanadic acid, ammonium salt
N-53
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Vanadium pentoxide (dust)
Vinyl chloride
Zinc phosphide
N-54
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(1) Tissues, organs, limbs from surgery of diseased ani-
mals.
(2) Carcasses of diseased animals.
o
(c) Medical and research laboratories (N). Any of the follow-
ing wastes from medical and research laboratories in SIC
Codes 7391, 8071 and 8922 which contain any of the desig-
nated etiologic agents in Appendix VI, unless the waste is
treated by and at the laboratory by one of the treatment
methods prescribed in Appendix V:
(1) Laboratory animals and associated materials used in
the research of infectious diseases caused by the
etiologic agents listed in Appendix VI.
(2) Contaminated glassware (including pipettes, petri
dishes, specimen slides, tissue culture bottles,
capillary tubes and flasks), body tissues, organs,
bones, disposable rubber gloves, laboratory coats and
swabs used in the research of infectious diseases
caused by the etiologic agents listed in Appendix VI.
261.35 [Reserved]
261.36 [Reserved]
261.37 [Reserved]
261.38 [Reserved]
261.39 Procedures for Demonstrating that a Listed Waste Generated by
an Individual Facility is not a Hazardous Waste and Exempting
that Waste from Regulation
(a) A solid waste that is generated by an individual facility,
and which is listed as a hazardous waste in §§261.3*1,
261.32 or 261.34 of this Subpart, will be exempted from
regulation under 40 CFR Parts 262 through 266 and 40 CFR
Parts 122 through 124, if (1) the generator of the waste or
any other person involved in the management of the waste
submits a demonstration in accordance with paragraphs (b)
through (k) of this Section, and (2) if an exemption is
granted by the Administrator or becomes effective under
paragraph (m)(2) of this Section. The Administrator must
grant an exemption if the generator or other person de-
monstrates, in accordance with paragraphs (b) through (h),
as appropriate, that the waste does not meet the criterion
(or criteria) under which the waste was listed.
N-55
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Comment: An exemption under this Section will not apply to the
notification requirements under Section 3010 of the Act, nor to
requirements under Subtitle D of the Act.
(b) If the waste is designated as an ignitable waste in this
Subpart, it must be demonstrated that representative
samples of the waste do not possess the characteristic of
ignitability as defined in §261.20 using either the test
methods prescribed in §261.20, where applicable, or equiva-
lent test methods approved by the Administrator under
§261.41.
(c) If the waste is designated as a corrosive waste in this
Subpart, it must be demonstrated that representative
samples of the waste do not possess the characteristic of
corrosivity as defined in §261.21 using either the test
methods prescribed in §261.21 or equivalent test methods
approved by the Administrator under §261.41.
(d) If the waste is designated as a reactive waste in this Sub-
part, it must be demonstrated that representative samples
of the waste do not possess the characteristic of reactiv-
ity as defined in §261.22.
'(e)"If the waste is "designated as a Type II toxic waste in this
Subpart, it must be demonstrated that:
(1) Representative samples of the waste do not contain the
toxic constituent(s) that caused the Administrator to
list the waste using the appropriate test methods pre-
scribed in Appendix II and Appendix .III or equivalent
test methods approved by the Administrator under
§261.41; or
(2) Representative samples of the wastes do not meet the
criterion of §261.11(a) after considering all of the
factors delineated in §261.11(g).
(f) If the waste is designated as a Type III toxic waste in
this Subpart, it must be demonstrated that:
(1) Representative samples of the waste do not contain the
carcinogenic, mutagenic or teratogenic constituent(s)
that caused the Administrator to list the waste using
either the test methods prescribed in Appendix III or
equivalent test methods approved by the Administrator
under §261.41; or
N-56
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(2) Representative samples of the waste do not meet the
criterion of §261.11(a) after considering all of the
factors delineated in §261.11(h).
(g) If a waste is designated as a radioactive waste in this Sub-
part, it must be demonstrated that:
(1) Representative samples of the waste do not contain
radium 226 in a concentration greater than 5 picocur-
ies per gram, if the waste is a solid-state waste,
using either the test methods prescribed in Appendix
IV or equivalent test methods approved by the
Administrator under §261.41; or
(2) Representative samples of the waste do not meet the
criterion of §261.11(a) after considering all of the
factors delineated in §261.11(i).
(h) If a waste is designated as an infectious waste in this
Subpart, it must be demonstrated that the waste does not
meet the criterion of §261.11(a) by virtue of having a high
likelihood of introducing into the waste high concentra-
ions of the etiologic agents listed in Appendix VI.
(i) For- the-purposes- of paragraphs (e) and (f), the constitu-
ents that caused the Administrator to list the waste are
identified in Appendix VII.
(j) For the purposes of this Section, representative samples:
(1) must consist of enough samples, but in no case less
than four samples, taken at different times and at
different points in the waste to adequately represent
the variability or, alternatively, the uniformity of
the waste; and
(2) must be obtained using either the sampling methods
prescribed in Appendix I or equivalent sampling
methods approved by the Administrator under §261.41.
(k) A demonstration must be submitted to the Administrator by
certified mail and must include the following information
except for infectious waste, where the demonstration must
include the information delineated in subparagraph (6):
(1) General information.
N-57
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(i) The name, address and identification number of
the person submitting the demonstration; and
(ii) The name and address of the laboratory facility
performing the sampling and/or tests of the waste
if different from that of the person submitting
the demonstration; and
(iii) The name(s) and qualification(s) of the person(s)
sampling the waste; and
(iv) The name(s) and qualifications(s) of the per-
son(s) testing the waste; and
(v) The dates of the sampling of the waste; and
(vi) The date(s) of the testing of the waste.
(2) Waste and waste source information.
(i) The address or location of the individual facil-
ity producing the waste covered by the demon-
stration; and
(ii) A description of the manufacturing process(s) or
other operation(s) and feed material(s) producing
the waste and an assessment of whether such pro-
cess(s), operations(s) or feed material(s) can or
might produce a waste(s) that is not covered by
the demonstration; and
(iii) A description of the waste and an estimate'of the
average and maximum monthly and annual quantities
of waste covered by the demonstration; and
(iv) Pertinent data on and discussion of the factors
delineated in the respective criterion for list-
ing a hazardous waste, where the demonstration is
based on subparagraphs (e)(2), (f)(2) or (g)(2).
(3) Waste sampling information.
(i) A description of the methodology(s) and equipment
used to obtain the representative samples; and
(ii) A description of the sample handling and prepara-
tion techniques, including techniques used for
N-58
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extraction, containerization and preservation of
the samples.
(4) Waste testing information.
(i) A description of the test(s) performed; and
(ii) The results of each test performed; and
(iii) The names and model number of the instruments
used in performing the tests.
(5) Certification/signature. The following statement
signed by the person submitting the demonstration:
I certify under penalty of law that I have personally
examined and am familiar with the information submit-
ted in this demonstration and all attached documents,
and that based on my inquiry of those individuals im-
mediately responsible for obtaining the information, I
believe that the submitted information is true, accur-
ate, and complete. I am aware that there are signifi-
cant penalties for submitting false information,
_ including the possibility of fine and imprisonment.
(6) For infectious waste.
(i) The information specified in subparagraphs
(l)(i), (2)(i), (2)(iii) and (5); and
(ii) Pertinent data substantiating the demonstration
of paragraph (h).
(1) A demonstration will not be considered as received by the
Administrator until all of the information prescribed in
paragraph (k) is submitted. Within 90 days of receiving an
incomplete submission, the Administrator must inform, in
writing, the person submitting the demonstration of the
missing information.
(m) An exemption will become effective:
(1) When and to the extent that the Administrator grants
the exemption; or
(2) On a date 90 days after the Administrator receives a
complete demonstration in accordance with paragraph
(1) unless he grants or denies an exemption on or be-
fore such date.
-;-:-• •"--.-. - : . N-59
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(n) An exemption will only apply to the solid waste from the
individual facility covered by the demonstration and will
not apply to listed hazardous waste from any other facil-
ity.
(o) The Administrator may exempt only part of the solid waste
for which the demonstration is submitted, where he has
reason to believe that variability of the waste justifies a
partial exemption.
(p) The Administrator must publish, in the Federal Register, a
notice of each exemption that he has granted or which has
been allowed to become effective under paragraph (m)(2).
(q) The Administrator will deny an exemption if he determines
that:
(1) Complete information has not been submitted under
paragraph (k); or
(2) The representative samples used in the demonstration
fail to adequately represent the waste covered by the
demonstration; or
(3) Adequate sampling and/or test methods and procedures
were not used; or
(4) The demonstration fails to meet the requirements of
paragraphs (b) through (h), as appropriate; or
(5) The demonstration is flawed by fraudulent or inaccur-
ate information.
(r) The Adminsistrator will revoke an exemption which has been
granted or allowed to become effective under paragraph
(m)(2) if he determines that:
(1) Any of the causes delineated in paragraph (q) apply;
or
(2) A revision of Subpart D causes the exempted waste to
be listed against additional or revised criteria.
(s) If the Administrator denies or revokes an exemption, he
must inform the person who submitted the demonstration in
writing of the denial or revocation and state the reasons
for the denial or revocation.
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(t) Where the Administrator denies or revokes an exemption, the
person who submitted the demonstration may request a public
hearing. Where the Administrator grants an exemption or an
exemption is allowed to become effective in accordance with
subparagraph (m)(2), an interested party, who can show that
he is aggrieved by such an action, may request a public
hearing. The Administrator may grant a request for a
public hearing if he has reason to believe that genuine and
relevant factual information will be presented in the
hearing. Each hearing must be preceded by adequate public
notice, will be an informal rather than a formal hearing
and will presided over by a person named by the
Administrator.
(u) The decision(s) of the presiding officer at the hearing
held under paragraph (s) will constitute final Agency ac-
tion, and cannot be appealed to the Administrator.
(v) While a request for a hearing is pending, the action being
appealed will be considered effective, except that, at his
discretion, the Administrator may grant a request for a
stay of the effectiveness, pending the outcome of the hear-
ing.
SUBPART E - PROCEDURES FOR IDENTIFYING ADDITIONAL
CHARACTERISTICS OF OR LIST/DEUST HAZARDOUS WASTE AND
REQUESTING AND APPROVING EQUIVALENT METHODS.
261.40 Procedures for Petitions to Identify Additional
Characteristics of or List/Delist a Hazardous Waste
(a) Any person, including any State Governor, may petition the
Administrator to identify and establish a characteristic of
a hazardous waste or to list or delist a hazardous waste by
following the procedures established in this Section.
(b) The petition must be submitted to the Administrator by
certified mail and must include the following general
information:
(1) The name, address and identification number of the
petitioner; and
(2) The principal contact, title and telephone number if
different from above.
N-61
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(c) Any petition to identify and establish a characteristic of
a hazardous waste must include the following information,
in addition to that prescribed in paragraph (b);
(1) A detailed description of the specific physical,
chemical, toxic, radioactive, infectious or other
property(s) of a solid waste that cause it to be a
hazardous waste pursuant to the criteria delineated
in §261.10 (a)(l) and that the Administrator can use
to establish the characteristic pursuant to §261.10
(a)(2); and
(2) The concentration or level of each property that
causes the waste to be hazardous; and
(3) A detailed justification for selection of the
property(s) and the concentration(s) or level(s)
identified pursuant to paragraphs (1) and (2),
including references to studies, descriptions of
incidents in which waste exhibiting the characteris-
tic caused damage to human health or the environment
and any other factors or reasons known to the
petitioner which may be relevant to the identification
_ _<>£ jaCharacteristic of a hazardous waste; and
(4) A detailed description of, or published reference(s)
to, the standardized testing protocol(s) available for
measuring the property(s) and concentration(s) of
level(s) identified pursuant to subparagraphs (1) and
(2). Additionally, the petitioner must include an
estimate of the available testing capability and
capacity in the United States to perform such
standardized testing protocols.
(d) Any petition to list a solid waste as a hazardous waste
must include the following information, in addition to that
prescribed in paragraph (b):
(1) A description of the waste and an identification of
the manufacturing process(s) or source(s) from which
the waste is generated; and
(2) Identification of the constituent(s), respective
concentration(s) or level(s) of the constituent(s) and
hazard code that cause the waste to be a hazardous
waste pursuant to the criteria delineated in §261.10
(a)(l); and
N-62
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(3) Such other information as the petitioner has or can
reasonably be expected to have in his possession that
supports the listing of the waste, including those
factors identified in §261.11(h) or (i).
(e) Any petition to delist a solid waste as a hazardous waste
which is listed in §261.31, §261.32 or §261.33 must include
the following information, in addition to that prescribed
in paragraph (b):
(1) Waste and waste source information.
(i) The name, address and identification number of the
facility(s) producing the waste covered by the
demonstration; and
(ii) A description of the manufacturing process(s) or
other operation producing the waste and an
assessment of whether such process(s) or operation
can or will produce a waste that is not covered by
the demonstration; and
(iii) A description of the waste(s) and an estimate of
the_maximum monthly and annual quantities of the
waste covered by the demonstration.
(2) Waste sampling information.
(i) The name, address and identification number of the
facility(s) producing the waste from which samples
were collected; and
(ii) A diagram illustrating the various points from
which samples were collected at the facility(s)
sampled; and
(iii) A description of the methodology(s) used to obtain
the representative samples; and
(iv) A description of the equipment used in collecting
and handling the samples; and
(v) A description of the sample handling techniques,
including techniques used for extraction,
containerization and preservation of the samples;
and
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(vi) The name(s) and qualification(s) of the person(s)
sampling the waste; and
(vii) The date(s) of the sampling of the waste.
(3) Waste testing information.
(i) A description of the test(s) performed; and
(ii) The results of each test perfomed; and
(iii) The names and model numbers of the instruments
used in performing the tests; and
(iv) The name and address of the laboratory facility(s)
performing the testing; and
(v) The name(s) and qualification(s) of the person(s)
testing the waste; and
(vi) The date(s) of the testing of the waste.
(f) Any petition submitted to the Administrator to identify and
establish a characteristic of a hazardous waste, to list a
hazardous waste, or delist a hazardous waste which is
listed in §261.31, §261.32 or §261.33 must include the
following statement signed by the person submitting the
demonstration:
I certify under penalty of law that I have personally
examined and am familiar with the demonstration and all
attached documents, and that based on my inquiry of
those individuals immediately responsible for obtaining
the information, I believe that the submitted informa-
tion is true, accurate and complete. I am aware that
there are significant penalties for submitting false
information, including the possibility of fine and
imprisonment.
(g) A demonstration will not be considered as received by the
Administrator until all the information prescribed in
paragraphs (b) and (f) and (c) or (d) or (e) and such other
information as the Administrator may reasonably require and
request is submitted. Within 90 days of receiving an
incomplete submission, the Administrator must inform, in
writing, the person submitting the demonstration of the
missing information.
N-64
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(h) The Administrator must act on a petition within 90 days
after receipt of a completed petition. Action on a
petition shall be any one of the following:
(1) Publication in the Federal Register of a Proposed Rule
to establish a characteristic(s) of a hazardous waste
or list a hazardous waste(s) as requested, in whole or
in part, or delist a solid waste as a hazardous waste
which is listed in §261.31, §261.32, §261.33, in whole
or in part, in the petition; or
(2) Publication in the Federal Register of an Advanced
Notice of Proposed Rulemaking (ANPR) to establish a
characteristic(s) of a hazardous waste or list a
hazardous waste(s) as requested, in whole or in part,
or delist a solid waste as a hazardous waste which is
listed in §261.31, §261.32, or §261.33, in whole or in
part, in the petition; or
Comment: An ANPR will normally be used for those petitions to
identify a new characteristic or for those petitions to list a
waste, where the submitted information merely identifies the
waste stream and the constituent(s) of concern.
(3) Publication of a Notice in the Federal Register
announcing that the petition has been denied and
giving the reasons for such denial. The Administrator
may reject the petition for good cause, including:
(i) The submission of insufficient information,
against the requirements in this Section; or
(ii) The failure of test results, as required by .this
Section, to demonstrate that the solid waste is
not a hazardous waste; or
(iii) The failure of the demonstration to represent the
waste(s) for which the petition is sought; or
(iv) The submission of fraudulent information or test
results or the submission of test results derived
from inadequate test procedures.
(i) The Administrator's action under paragraph (H) must be
based on criteria prescribed in §261.10 or §261.11.
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(j) The Administrator may not promulgate a characteristic of a
hazardous waste or a listing of a hazardous waste or delist
a solid waste as a hazardous waste which is listed in
§261.31, §261.32, or §261.33 without following the
procedures of the Administrative Procedures Act.
(k) Where the Administrator rejects or revokes a petition
pursuant to paragraph (h)(3), the person who submitted the
petition may request that a public hearing be held. The
Administrator may grant the request for a public hearing if
he has reason to believe that genuine relevant factual
information will be presented at such a hearing. Each
hearing must be preceeded by adequate public notice, shall
be an informal rather than a formal hearing and will be
presided over by a person named by the Administrator.
(1) The presiding officer will decide whether the Administra-
tor's denial of the petition will stand or whether the
Administrator must publish, in the Federal Register, a
Proposed Rule or an Advanced Notice of Proposed Rulemaking
covering all or part of the petition. The decision(s) of
the presiding officer at the hearing held under paragraph
(k) will constitute final Agency action and cannot be
appealed to the Administrator.
(m) While a request for a hearing is pending, the decision
which is being appealed will be considered effective,
except that, at his discretion, the Administrator may grant
a request for a stay of the effectiveness, pending the
outcome of the hearing.
261.41 Procedures for Requesting and Approving Equivalent Methods
(a) Any person who desires to use a testing or analytical
method other than a method prescribed in this Part must
demonstrate, to the satisfaction of the Administrator, that
such method is equal or superior to the method(s) pre-
scribed in this Part in terms of its detectability,
accuracy, reproducibility, precision and detectable limits.
(b) A petition for the Administrator's approval of an equival-
ent method must include:
(1) The name, address and identification number, if
applicable, of the petitioner;
(2) A full description of the equivalent method, including
a description of any equipment used;
. , / '.;-'_" "X.-~ N-66
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(3) Results obtained from use of the equivalent method
which demonstrate and define the detectability,
accuracy, precision, reproducibility and minimum
detection capability of the method;
(4) Comparative results obtained from use of the equival-
ent method and the method prescribed in this Part
which demonstrate the equivalency of the methods in
terms of detectability, accuracy, precision, repro-
ducibility and minimum detection capability; and
(5) An assessment of any factors which interfere with the
capacity of the equivalent method to produce repre-
sentative results within its range of detection,
reproducibility and precision; and
(6) A statement that the testing or analytical method
tested is representative of the candidate method in
the petition.
(7) For candidate automated methods, the petition must
also contain the following:
(i)_A detailed description of the quality control
program that will be utilized, if the candidate
method is designated as an equivalent method, to
ensure that all analyzers offered for sale under
that designation will have essentially the same
performance characteristics as the analyzer
tested in accordance with this part.
(c) After receiving a petition for an equivalent method
determination, the Administrator will publish notice of the
petition in the Federal Register and, within 180 calendar
days after receipt of the petition, take one or more of the
following actions:
(1) Send notice to the petitioner in accordance with
paragraph (h) that the candidate method has been
determined to be an equivalent method;
(2) Send notice to the petitioner that his petition has
been rejected, including a statement of reasons for
rejection;
(3) Send notice to the petitioner that additional
information must be submitted before a determination
can be made and specify the additional information
.'-:,- • -" "--': . N-67
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that is needed (in such cases, the 180-day period
shall commence upon receipt of the additional
information);
(4) Send notice to the applicant that additional tests are
necessary and specify what tests are necessary and how
they shall be interpreted (in such cases, the 180-day
period shall commence upon receipt of the additional
test data); or
(5) Send notice to the applicant that additional tests
will be conducted by the Administrator, specifying the
nature and the estimated time required (in such cases,
the 180-day period shall commence 1 calendar day after
the additional tests have been completed).
(d) Submission of a petition for an equivalent method
determination shall constitute consent for the
Administrator or his authorized representative, upon
presentation of appropriate credentials, to witness or
observe any tests required by this Part in connection with
the petition or in connection with any modification by the
petitioner.
(e) The applicant shall have the right to witness or observe
any test conducted by the Administrator in connection with
the petition or in connection with any modification or
intended modification of the method by the petitioner.
(f) Any tests by either party that are to be witnessed or
observed by the other party shall be conducted at a time
and place mutually agreeable to both parties.
(g) A candidate method determined by the Administrator to
satisfy the applicable requirements of this Part shall be
designated as equivalent method (as applicable), and a
notice of the designation must be submitted for publication
in the Federal Register not later than 30 days after the
determination is made.
(h) A notice indicating that the method has been determined to
be a reference method or an equivalent method must be sent
to the petitioner. This notice shall constitute proof of
the determination until a notice of designation is
published in accordance with paragraph (g) of this section.
(i) The Administrator will maintain a current list of methods
designated as equivalent methods in accordance with this
'. .;.7s.3-'rfl.' :7'": N-68
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Part and will send a copy of the list to any person or
group upon request. A copy of the list will be available
for inspection or copying at EPA Regional Offices.
(j) Where the Administrator rejects or revokes a petition
pursuant to paragraph (c)(2), the person who submitted the
petition may request that a public hearing be held. The
Administrator may grant the request for a public hearing if
he has reason to believe that genuine and relevant factual
information will be presented at such a hearing. Each
hearing must be preceeded by adequate public notice, will
be an informal rather than a formal hearing and will be
presided over by a person named by the Administrator.
(k) The presiding officer will decide whether the
Administrator's denial of the petition will stand or
whether the Administrator must reconsider the petition.
The decision(s) of the presiding officer at the hearing
held under paragraph (j) will constitute final Agency
action and cannot be appealed to the Administrator.
(1) Once an equivalent method is approved by the Administrator,
any generator, treater, storer or disposer may use the
equivalent method in lieu of the prescribed method(s) cited
in this Part.
(m) An equivalent method may not be used to determine whether a
solid waste is or is not hazardous under this Part until it
is approved by the Administrator.
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Part 262 - STANDARDS APPLICABLE TO GENERATORS
OF HAZARDOUS WASTE
Subpart A - General
262.10 Purpose, Scope, and Applicability
262.11 Hazardous Waste Determination
262.12 EPA Identification Numbers
Subpart B - The Manifest
262.20 General Requirements
262.21 Required Information
262.22 Number of Copies
262.23 Use of the Manifest
Subpart C - Pre-Transport Requirements
262.30 Packaging
262.31 Labeling
262.32 Marking
262.33 Placarding
262.34 Accumulation Time
Subpart D - Recordkeeping and Reporting
262.40 Recordkeeping
262.41 Annual Reporting
262.42 Exception Reporting
262.43 Additional Reporting
262.44 Confidentiality
Subpart E - Special Conditions
262.50 International Shipments
262.51 Farmers
Appendix - Form
Annual Report (EPA Form 8700-13)
N-70
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SUBPART A - GENERAL
262.10 Purpose, Scope, and Applicability
(a) These regulations establish standards for generators of
hazardous waste.
(b) A generator who treats, stores, or disposes of hazardous
waste on-site must comply with the applicable standards and
permit requirements set forth in 40 CFR Parts 264 and 265
and 40 CFR Part 122. He must only comply with the follow-
ing sections of this Part: 262.11 for determining whether
or not he has a hazardous waste, 262.12 for obtaining an
EPA identification number, 262.40(c) for recordkeeping, and
if applicable, 262.51 for farmers.
(c) Any person who imports hazardous waste into the United
States must comply with the standards applicable to
generators established in this Part.
(d) Farmers must comply with all of the requirements of
§262.51.
(e) A person who generates a hazardous waste as defined by 40
CFR Part 261 is subject to the compliance, requirements and
penalties prescribed in Section 3008 of the Act if he does
not comply with the requirements of this Part.
262.11 Hazardous Waste Determination
A generator must use the following method to determine if a
solid waste is a hazardous waste:
(a) Determine if the waste is listed as a hazardous waste in
Subpart D of 40 CFR 261.
(b) If the waste is not listed, make a determination of whether
the waste is a hazardous waste for each of the characteris-
tics under 40 CFR 261.2Kb), 261.22(b), 261.23(b), and
261.24(c) by either:
(1) Testing the waste according to the methods established
in 40 CFR 261.21U), 261.22(a), 261.23U), and
261.24(a) and (b); or
(2) Declaring that the waste is hazardous based on
knowledge of the hazard characteristics of the waste
in light of the materials or the processes used.
' N-71
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262.12 EPA Identification Numbers
(a) A generator must not treat, store, dispose of, transport,
or offer for transportation, hazardous waste without having
received an EPA identification number from the Administra-
tor.
(b) A generator who has not received an EPA identification
number may obtain one by applying to the Administrator
using EPA form 8700-12. Upon receiving the request the
Administrator will assign an EPA identification number to
the generator.
(c) Generators must not offer their hazardous waste to trans-
porters or to treatment, storage, or disposal facilities
who have not received an EPA identification number.
SUBPART B - THE MANIFEST
262.20 General Requirements
(a) Any generator who transports, or offers for transportation,
hazardous waste for off-site treatment, storage, or dispo-
sal must prepare a manifest before movement of the waste.
(b) A generator must designate on the manifest one facility
which is permitted to handle the waste described on the
manifest.
(c) The generator may also designate on the manifest one alter-
nate facility which is permitted to handle his waste in the
event an emergency prevents delivery of the waste to the
primary designated facility.
262.21 Required Information
(a) The manifest must contain all of the following information:
(1) A manifest document number;
(2) The generator's name, mailing address, telephone
number, and EPA identification number;
(3) The name and EPA identification number of each trans-
porter;
(4) The name, address, and EPA identification number of
the designated facility and an alternate facility, if
any;
N-72
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(5) The description of the waste (e.g., proper shipping
name, class, hazardous materials identification num-
ber, if required, and additional information) required
by regulations of the U.S. Department of Transporta-
tion in 49 CFR 172.101, 172.202, and 172.203;
(6) The total quantity of each hazardous waste by units of
weight or volume, and the type and number of con-
tainers.
(b) The following certification must appear on the manifest:
"This is to certify that the above named materials are
properly classified, described, packaged, marked, and
labeled and are in proper condition for transportation
according to the applicable regulations of the Department
of Transportation and EPA."
262.22 Number of Copies
The manifest consists of an original and at least the number of
copies which will provide the generator, each transporter, and the
designated facility with one.copy each.
262.23 Use of the Manifest
(a) The generator or his agent must:
(1) Sign the manifest by hand;
(2) Obtain the handwritten signature of the initial trans-
porter and date of acceptance on the manifest; and
(3) Retain one copy, in accordance with §262.40(a);
(b) The generator must give the transporter the remaining
copies of the manifest.
SUBPART C - PRE-TRANSPORT REQUIREMENTS
262.30 Packaging
Before transporting or offering hazardous waste for transporta-
tion off-site, a generator must package the waste in accordance with
the Department of Transportation regulations on packages under 49 CFR
173, 178, and 179;" ' : . :
N-73
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262.31 Labeling
Before transporting or offering hazardous waste for transporta-
tion off-site, a generator must label each package in accordance with
the Department of Transportation regulations on hazardous materials,
under 49 CFR 172; and
262.32 Marking
Before transporting or offering hazardous waste for transporta-
tion off-site, a generator must mark each package of hazardous waste
in accordance with the Department of Transportation regulations on
hazardous materials under 49 CFR 172.
Before transporting or offering hazardous waste for transporta-
tion off-site, a generator must mark each package used in the trans-
portation of hazardous waste off-site with the following words and
information requirements:
"HAZARDOUS WASTE - Federal Law Prohibits Improper Disposal. If
found, call the U.S. Environmental Protection Agency or
State/Local authorities.
Generator's EPA Identification Number
Manifest Document Number
This marking must be in accordance with the requirements of 49
CFR 172.304."
262.33 Placarding
Before transporting or offering hazardous waste for transporta-
tion off-site, a generator must offer the initial transporter the
...-." .rV_ :£-, ; : N-74
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appropriate placard according to Department of Transportation regula-
tions for the movement of hazardous materials under 49 CFR Part 172,
Subpart F.
262.34 Accumulation Time
(a) A generator may accumulate hazardous waste on-site without
a permit for 90 days or less, provided that:
(1) All such waste is shipped off-site in 90 days or less;
(2) The waste is placed in containers which meet the
standards of §262.30;
(3) The date upon which each period of accumulation begins
is clearly marked and visible for inspection on each
container;
(4) Each container is properly labeled and marked accord-
ing to §§262.31 and 262.32;
(b) Generators who accumulate hazardous waste for more than 90
days are "operators of storage facilities subject to the
requirements of 40 CFR Parts 264 and 265 and the permit
requirements of 40 CFR Part 122.
SUBPART D - RECORDKEEPING AND REPORTING
262.40 Recordkeeping
(a) A generator must keep a copy of each manifest.signed in
accordance with §262.23(a) for three years or until he
receives a signed copy from the designated facility which
received the waste. This signed copy must be retained as a
record for at least three years from the date the waste was
accepted by the initial transporter.
(b) A generator must keep a copy of each Annual Report and
Exception Report for a period of three years.
(c) A generator must keep records of any test results, waste
analyses, or other determinations made in accordance with
§262.11 for not less than three years from the date that
the waste was last sent to on-site or off-site treatment,
storage, or disposal.
N-75
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262.41 Annual Reporting
(a) A generator who ships his hazardous waste off-site must
submit Annual Reports:
(1) On EPA form 8700-13, according to the instructions on
the form (see the Appendix to this Part).
(2) To the Regional Administrator for the Region in which
the generator is located;
(3) No later than March 1 for the preceding calendar
year;
(b) Any generator who treats, stores, or disposes of hazardous
waste on-site must submit an Annual Report covering those
wastes in accordance with the provisions of 40 CFR Parts
264 and 265.
262.42 Exception Reporting
(a) A generator who does not receive a copy of the manifest
with the handwritten signature of the owner/operator of the
designated facility or his agent within 35 days of the date
the"waste"was" accepted by the initial transporter must con-
tact the transporter and/or the designated facility to
determine the status of the movement.
(b) A generator must submit an Exception Report if he has not
received a copy of the manifest with the handwritten signa-
ture of the owner/operator of the designated facility or
his agent within 45 days of the date the waste was accepted
by the initial transporter. The Exception Report must
include:
(1) A legible copy of the manifest for which the generator
does not have confirmation of delivery;
(2) A cover letter signed by the generator or his author-
ized representative explaining the efforts taken to
locate that movement and the results of those efforts.
262.43 Additional Reporting
The Administrator, as he deems necessary under 3002(6) of the
Act, may require generators to furnish additional reports concerning
N-76
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the quantities and disposition of wastes identified or listed in 40
CFR Part 261.
262.44 Confidentiality
All information that generators provide to EPA in accordance
with this Subpart will be available to any person to the extent and
in the manner authorized by Section 3007(b) of the Act, the Freedom
of Information Act (FOIA), 5 U.S.C. Section 552, and EPA regulations
promulgated under FOIA, 40 CFR Part 2. If a generator wishes to make
a claim of business confidentiality he must do so at the time he sub-
mits the information.
SUBPART E - SPECIAL CONDITIONS
262.50 International Shipments
(a) Any person who exports hazardous waste to a foreign country
or imports hazardous waste from a foreign country must com-
ply with all the requirements of this Part and with the
special requirements of this Section.
(b) When shipping hazardous waste outside the United States the
generator must:
(1) Notify the Administrator in writing two weeks before
the initial shipment of hazardous waste to each
country in each calendar year. The waste must be
identified by its DOT shipping description.
(2) Require that the foreign consignee confirm the deli-
very of the waste in the foreign country. A copy of
the manifest signed by the foreign consignee may be
used for this purpose.
(3) Meet the requirements under §262.21 for the manifest
for international movements, except that:
(i) In place of the name, address, and EPA identifi-
cation number of the designated facility, the
-- name and address of the foreign consignee must be
--..-: used;
-------
(ii) The generator must identify the point of depar-
ture from the United States through which the
waste must travel before entering a foreign coun-
try.
(c) A generator must comply with the Exception Report require-
ments of §262.42 if:
(1) He has not received a copy of the manifest signed by
the transporter stating the date and place of depar-
ture from the United States within 45 days from the
date it was accepted by the initial transporter; or
(2) Within 90 days from the date the waste was accepted by
the initial transporter, the generator has not re-
ceived written confirmation from the foreign consignee
that the waste movement was received.
(d) When importing hazardous waste, a person must:
(1) Meet all requirements of §262.21 for the manifest
except that:
(i) In place of the generator's name, address and EPA
identification number, the name and address of
the foreign generator and the importer's name,
address and EPA identification number must be
used.
(ii) In place of the generator's signature on the
certification statement, the U.S. importer or his
agent must sign and date the certification and
obtain, the signature of the initial transporter.
262.51 Farmers
(a) A farmer disposing only of waste pesticides from his own
use which are hazardous wastes is not required to comply
with the standards in this Part, provided he:
(1) Disposes of all waste pesticides in accordance with
instructions on the pesticide label or, if there are
no label instructions, according to the procedures and
criteria specified in 40 CFR Parts 165 and 257, and
(2) Triple rinses each pesticide container after it has
been emptied and uses the rinsate as makeup water in
the tank mix or on crop lands at an application rate
', HI ',-* "rJ= --" .... N-78
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consistent with pesticide labeling. However, the
pesticide must be registered for the particular crop.
(b) A farmer who generates other hazardous wastes must comply
with all the requirements of this Part with respect to
those wastes.
N-79
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APPENDIX - FORM
N-80
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Plcnsc print or^^p.
xvEPA
Form designed for elite lypc (13 characters/ Inch).
U.S. ENVIRONMENTAL PROTECTION AGENCY
HAZARDOUS WASTE ANNUAL REPORT
(Collected under the authority of Section 3002 of RCRA.)
U. NAME OF BUSINESS
III. BUSINESS REPRESENTATIVE
A. NAME
B.~TELE"PHONE~NUMiERT«fe~co3o'4"no,).
fomi Approved OAt/7^^. /58-ROO.YX
1. IDENTIFICATION NUMBER (
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REVIEWER'! NAME
V. TYPE OF REPORT
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VL CLOSING DATEfHaf >•
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VIII. COMMENTS
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/ certily under penalty ol taw that 1 have personally exam/nee
am [atnilicr with the information submitted in this and all aid
documents, and that based on my inquiry ol those individuals
mediately responsible lor obtaining the information, 1 believe
the submitted information is true, accurate, and complete. I •
aware that there are significant penalties lor submitting lalst
formation, including the possibility ol line and imprisonment.
SIGNATURE
NAME (lyp* or print)
DATE SIGNE
-------
General Instructions:
(1) Print clearly using ink or type (this form was prepared to
be used with an elite (12 characters per inch) typewriter).
(2) Read all instructions before starting to complete the
form.
ANNUAL REPORT FOR GENERATORS WHO SHIP HAZARDOUS WASTE OFF-SITE
Instructions:
I. IDENTIFICATION NUMBER
Enter your 12 digit EPA identification number (also enter this
number in the appropriate box on the reverse of this form).
II. NAME OF BUSINESS
Enter the name of your business, organization, or agency.
III. BUSINESS REPRESENTATIVE - NAME
A. Print the first name, middle initial, and last name of the
business representative who can answer questions regarding
information on this form.
III. TELEPHONE NUMBER
B. Enter the phone number, including area code, for the
business representative identified in III-A.
IV. BUSINESS ADDRESS
Enter the address where the hazardous waste described on this
report was generated.
V. TYPE OF REPORT
Generators who ship hazardous waste off-site must put an "X" in
the box labeled "GENERATOR."
VI. REPORT DATE
Enter the calendar year for which this report is submitted.
The reporting year for hazardous waste shipped off-site is
January 1 through December 31.
N-83
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VII. WASTE INFORMATION - (for hazardous waste generated and
shipped off-site during the reporting year).
Column A: Enter the 12 digit EPA identification number for the
designated facility to which each hazardous waste
identified in column "C" was sent. If hazardous waste
was sent to the same designated facility identified on
the preceding line, you may print "same" in place of the
12 digit EPA identification number.
Column B: For INTERNATIONAL SHIPMENTS sent to foreign countries
mark an "X" in column "B."
Column C-l: For all hazardous waste shipped off-site put an "X" in
the box (A through P) which corresponds to the
appropriate DOT Hazard Class of that particular waste.
Column C-2: If four or less EPA listed wastes are included in the
waste identified in column "C-l," enter the four digit
EPA waste list number(s) from 40 CFR Part 261 for the
listed waste(s) you identified under §262.11. If more
than four EPA listed wastes are included in the waste
identified in column "C-l," enter 0000 in the last four
boxes and identify the fourth and subsequent EPA listed
wastes and the appropriate line number in the Comments
section of this report.
If the waste identified in column "C-l" is not an EPA
listed waste, enter the four digit EPA Waste
Characteristic Number(s). (Characteristics of hazardous
waste are established in 40 CFR Part 261.)
Column D: AMOUNT OF WASTE
Enter the amount of waste described on that line under
column "C-l."
Column E: Enter the code for the unit of measure for the
corresponding amount entered in column "D." The units
of measure which are allowed are shown in the table
below:
N-84
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Unit of Measure
Pounds
Short Tons
Gallons (U.S.)
Cubic Yards
Kilograms
Tonnes
Liters
Cubic Meter
Code
P
T
G
Y
K
M
L
C
Required Density
none
none
Pounds per Gallon
Tons per Cubic Yd.
none
none
Kilograms per Liter
Tonnes per Cubic Meter
Column F: (Complete this column only if the corresponding unit of
measure used in column "F" was "Gallons (U.S.)," Cubic
Yards, Liters, or Cubic Meters.)
Enter the appropriate density of waste described in col-
umn "C-l." If decimal points are required, use one box
for the decimal. If the waste described in column "C-l"
is given in units of Gallons (U.S.), Cubic Yards, Ton-
nes, or Liters, the density used in column "F" must be
based orT the corresponding "Required Density" in the
table.
Column G: LEAVE BLANK
VIII. COMMENTS:
Generators who ship hazardous waste off-site must use
the comments section to:
1. List the EPA identification number of each
transporter whose services were utilized during
the reporting year;
2. Identify the name and address of foreign
treatment, storage, or disposal facilities;
3. Identify the fourth and subsequent EPA waste list
numbers of five or more wastes which were mixed
together to make the waste described in column
"C-l";
4. Other comments as may be appropriate.
N-85
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PART 263 - STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE
Subpart A - General
263.10 Scope
263.11 EPA Identification Numbers
Subpart B - Compliance with the Manifest System and Recordkeeping
263.20 Acceptance of Hazardous Waste from Generators
263.21 Compliance with the Manifest
263.22 Recordkeeping
Subpart C - Hazardous Waste Discharges
263.30 Immediate Action
263.21 Discharge Cleanup
N-86
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- -- -SUBPART A - GENERAL
263.10 Scope
(a) These regulations establish standards which apply to per-
sons transporting hazardous waste within the United States
if the transportation requires a manifest under 40 CFR
Part 262.
NOTE: The regulations set forth in Parts 262 and 263 establish
the responsibilities of generators and transporters of hazardous
waste in the handling, transportation, and management of that waste.
In these regulations, EPA has expressly adopted certain regulations
of the Department of Transportation (DOT) governing the transporta-
tion of hazardous materials. These regulations concern, among other
things, labeling, marking, placarding, and using proper containers.
EPA has expressly adopted these regulations in order to satisfy its
statutory obligation to promulate regulations which are necessary to
protect human health and the environment in the transportation of
hazardous waste. EPA's adoption of these DOT regulations ensures
consistency with the requirements of DOT, and thus avoids the estab-
lishment of duplicative or conflicting requirements with respect to
these matters. These EPA regulations which apply to both interstate
and intrastate transportation of hazardous waste are enforceable by
EPA.
DOT has revised its hazardous materials transportation regula-
tions in order to encompass the transportation of hazardous waste and
to regulate intrastate, as well as interstate, transportation of
hazardous waste. Transporters of hazardous waste are cautioned that
DOT's regulations are fully applicable to their activities and en-
forceable by DOT. These DOT regulations are codified in Volume 49 of
the Code of Federal Regulations.
(b) These regulations do not apply to on-site transportation of
hazardous waste by generators or by owners or operators of
permitted hazardous waste facilities.
(c) A transporter of hazardous waste must also comply with 40
CFR Part 262, Standards Applicable to Generators of Hazard-
ous Waste, if he:
(1) transports hazardous waste into the United States from
abroad; or
(2) mixes hazardous wastes of different DOT shipping
descriptions by placing them into a single container.
N-87
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Note: Transporters who store hazardous waste are required to
comply with the storage standards in 40 CFR Parts 264 and 265
and the permit requirements of 40 CFR Part 122.
263.11 EPA Identification Number
(a) A transporter must not transport hazardous wastes without
having received an EPA identification number from the
Administrator.
(b) A transporter who has not received an EPA identification
number may obtain one by applying to the Administrator
using EPA Form 8700-12. Upon receiving the request, the
Administrator will assign an identification number to the
transporter.
SUBPART B - COMPLIANCE WITH THE MANIFEST SYSTEM AND RECORDKEEPING
263.20 Acceptance of Hazardous Waste from Generators
(a) A transporter may not accept a hazardous waste movement
from a generator unless it is accompanied by a manifest
signed by the generator in accordance with the provisions
of 40_CFR_Part_262.
(b) Before transporting the movement, the transporter must sign
and date the manifest acknowledging acceptance of the
hazardous waste from the generator. The transporter must
return a signed copy to the generator before leaving the
generator's property.
263.21 . Compliance with the Manifest
(a) The transporter must deliver the entire quantity of hazard-
ous waste which he has accepted from a generator or a
transporter to:
(1) the designated facility listed on the manifest; or
(2) the alternate designated facility, if the movement
cannot be delivered to the designated facility; or
(3) the next designated transporter; or
(4) the point of departure from the United States, for
movements that the generator has designated to a for-
eign consignee.
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(b) If the movement cannot be delivered in accordance with sub-
paragraph (a), the transporter must contact the generator
for further directions and must revise the manifest accord-
ing to the generator's instructions.
(c) Air, highway and water (excluding bulk shipments) trans-
porters who:
(1) deliver hazardous waste movements to another trans-
porter must:
(i) obtain the signature of the next transporter; and
(ii) retain one copy, in accordance with §262.22; and
(iii) give the remaining copies of the manifest to the
accepting transporter
(2) accept hazardous waste movements from another trans-
porter must:
(i) sign and date the manifest; and
. .. _ (ii) _ .return a signed copy to the previous transporter
before transporting the movement; and
(iii) ensure that the manifest accompanies the movement
at all times
(3) deliver movements to the designated facility must:
(i) obtain the signature of the owner or operator of
the designated facility on the manifest; and
(ii) retain copy of the manifest in accordance with
§263.22; and
(iii) give the remaining copies to the designated
facility.
(d) Rail and water (bulk shipments) transporters who:
(1) deliver hazardous waste movements to a transporter of
another mode must:
(i) obtain the signature of the accepting transporter
on the manifest; and
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(ii) retain one copy of the manifest in accordance
with §263.22; and
(iii) give the remaining copies to the accepting trans-
porter
(2) accept hazardous waste movements from a generator or a
transporter of another mode must:
(i) sign and date the manifest; and
(ii) return a signed copy to the generator or pre-
vious transporter before transporting the move-
ment ; and
(iii) forward or carry the manifest signed by the
generator, the previous transporter(s) and him-
self to:
(A) the transporter of the next mode, if the
movement is transferred to another mode; or
(B) the designated facility, if the movement is
.. _ -delivered by rail or water directly to the
facility
(iv) ensure that the information contained on the
manifest (excluding EPA identification codes,
generator certification, and signatures) accom-
panies the movement at all times
(3) accept hazardous waste movements from a transporter of
the same mode must:
(i) ensure that the information contained on the
manifest (excluding EPA identification codes,
generator certification, and signatures) accom-
panies the movement at all times
(4) deliver hazardous waste movements to the designated
facility must:
(i) obtain the signature of the owner or operator of
the designated facility on the manifest; and
(ii) retain one copy, in accordance with §263.22; and
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(iii) give the remaining copies of the manifest to the
owner or operator of the designated facility.
(e) Transporters who transport movements out of the United
States must:
(1) indicate on the manifest the date the movement left
the United States;
(2) sign the manifest and retain one copy in accordance
with 263.22(c); and
(3) return a signed copy of the manifest to the generator
within 30 days of the date the waste was accepted by
the initial transporter.
263.22 Recordkeeping
Transporters of hazardous waste must keep the following records
for a period of three years from the date the movement was accepted
by the inital transporter.
(a) Air, highway," and water (excluding bulk shipments) trans-
porters must keep a copy of the manifest signed by the
generator, himself, and the next designated transporter or
the owner/operator of the designated facility or his agent.
(b) For rail and water (bulk shipments) transporters:
(1) the rail and water (bulk shipment) transporter ac-
cepting the movement from a generator or a transporter
of another mode must keep copy of the manifest signed
by the generator, the previous transporter, and him-
self.
(2) the final rail or water (bulk shipments) transporter
must keep a copy of the manifest signed by:
(i) the next transporter, if the waste movement is
transferred to another mode; or
(ii) the owner/operator of the designated facility or
his agent, if the waste movement is delivered by
rail or water to the facility.
(3) intermediate rail or water (bulk shipments) transpor-
ters must keep a copy of any shipping paper (waybill,
dangerous cargo manifest, or other shipping document)
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which contains the information required on the mani-
fest (excluding EPA identification numbers, generator
certification, and signatures).
(c) Transporters who transport movements out of the United
States must keep a copy of the manifest indicating that
the movement left the United States.
SUBPART C - HAZARDOUS WASTE DISCHARGES
263.30 Immediate Action
(a) In the event of a discharge of hazardous waste during
transportation, the transporter must take appropriate im-
mediate action to minimize the threat to human health and
the environment (e.g, notify local authorities, dike the
spill area).
(b) If a discharge of hazardous waste requires its immediate
removal to protect human health or the environment (as de-
termined by EPA, other Federal Agencies, or State or local
officials), the requirements of this section apply in lieu
of §263.11, .20, .21, and .22, of this Part, until the dis-
charged hazardous waste no longer presents an immediate
hazard to human health or the environment (as determined by
EPA, other Federal Agencies, or State or local officials).
(c) Air, rail, highway, and water (excluding bulk shipments)
transporters who have discharged hazardous waste must:
(1) give notice, if required by 49 CFR 171.15, to the
National Response Center (800-424-8802 or in the
District of Columbia, 426-2675); and
(2) report in writing as required by 49 CFR 171:16 to the
Director, Office of Hazardous Materials Regulations,
Materials Transportation Bureau, Department of Trans-
portation, Washington, D.C. 20590.
(d) Water (bulk shipments) transporters who have discharged
hazardous waste must give notice as required by 33 CFR
153.203 to the National Response Center (800-424-8801 or in
the District of Columbia 426-2675) or any other listed
official.
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263.31 Discharge Cleanup
The transporter must clean up all the discharged hazardous waste
or take any action that may be required by Federal, State, or local
officials so that the discharged hazardous waste no longer presents a
hazard to human health or the environment.
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Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES
Subpart A - General
264.1 Purpose, Scope and Applicability
264.2 [Reserved]
264.3 Relationship to Interim Status Standards
264.4 - 264.9 [Reserved]
Subpart B - General Facility Standards
264.10 Applicability
264.11 Identification Number
264.12 Required Notices
264.13 General Waste Analysis
264.14 Security
264.15 General Inspection Requirements
264.16 Personnel Training
264.17 - 264.29 [Reserved]
Subpart C - Preparedness and Prevention
264.30 Applicability
264.31 Design and Operation of Facility
264.32 Required Equipment
264.33 Testing and Maintenance of Equipment
264.34 Access to Communication or Alarm System
264.35 Required Aisle Space
264.36 Special Handling for Ignitable and Reactive Waste
264.37 Arrangements with Local Authorities
264.38 - 264.49 [Reserved]
Subpart D - Contingency Plan and Emergency Procedures
264.50 Applicability
264.51 Purpose and Implementation of Contingency Plan
264.52 Content of Contingency Plan
264.53 Copies of Contingency Plan
264.54 Amendment of Contingency Plan
264.55 Emergency Coordinator
264.56 Emergency Procedures
264.57 - 264.69 [Reserved]
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Subpart E - Manifest System, Recordkeeping and Reporting
264.70 Applicability
264.71 Use of Manifest System
264.72 Manifest Discrepancies
264.73 Operating Record
264.74 Disposition of Records
264.75 Annual Report
264.76 Unmanifested Waste Report
264.77 Additional Reports
264.78 - 264.89 [Reserved]
Subpart F - Ground-Water Monitoring
264.90 Applicability
264.91 Ground-Water Monitoring System
264.92 Sampling and Analysis
264.93 Preparation, Evaluation, and Response
264.94 Recordkeeping and Reporting
264.95 - 264.109 [Reserved]
Subpart G - Closure and Post-Closure
264.110 Applicability
264.111 Closure Performance Standard
264.112 Closure Plan; Amendment of Plan
264.113 Time Allowed for Closure
264.113 Time Allowed for Closure
264.114 Disposal or Decontamination of Equipment
264.115 Notification and Certification of Closure
264.116 [Reserved]
264.117 Post-Closure Care and Use of Property; Period of Care
264.118 Post-Clo,sure Plan; Amendment of Plan
264.119 Notice to Local Land Authority
264.120 Notice in Deed to Property
264.121 - 264.999 [Reserved]
Appendices
Appendix I - Recordkeeping Instructions
Appendix II - EPA Report Form and Instructions
Appendix III - EPA Interim Primary Drinking Water Standards
Appendix IV - Tests for Significance
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SUBPART A - GENERAL
264.1 Purpose, Scope, and Applicability
(a) The purpose of this Part is to establish minimum national
standards which define the acceptable management of hazard-
ous waste. These standards apply to owners and operators
of facilities which treat, store, and dispose of hazardous
waste.
(b) The requirements of this Part do not apply to the follow-
ing:
(1) Disposing of hazardous waste by means of underground
injection, under Safe Drinking Water Act (SDWA) regu-
lations (except that these Part 264 regulations do
apply to the above-ground treatment and/or storage of
hazardous waste before it is injected underground);
(2) Disposing of hazardous waste by means of ocean dispo-
sal under Marine Protection, Research, and Sanctuar-
ies Act (MPRSA) regulations (except that these Part
264 regulations do apply to the treatment and/or stor-
age of hazardous waste before it is loaded onto an
ocean vessel to be incinerated or disposed at sea);
and
(3) Treating, storing, and/or disposing of any of the
wastes specified in §261.4.
(c) An owner/operator of a publicly owned treatment works
(POTW) that receives hazardous waste by truck or rail is
exempt from all requirements of this Part, except the
requirements of §§264.71, 264.72, 264.75, and 264.76.
(d) The Regional Administrator will use the requirements of
this Part as the basis for bringing enforcement actions
pursuant to Section 3009 of the Act against the owner/oper-
ator of a facility that does not have a permit or a pending
permit application.
(e) In instances where those portions of a facility at which
waste management activities took place before the effective
date of these Part 264 regulations could potentially inter-
fere with the monitoring and/or control of portions subject
to his Part, the Regional Administrator may require the
owner/operator to comply with one or more of the require-
ments of the following Sections of this Part for those
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portions of the facility at the time of issuance of a
permit under Part 122, Subparts A and B:
264.14 - Security
264.15 - Inspections
Subpart D - Contingency Plan and Emergency Procedures
Subpart F - Ground-Water Monitoring
Subpart G - Closure and Post-Closure
264.2 [Reserved]
264.3 Relationship to Interim Status Standards
A facility owner/operator who has fully complied with the
requirements for interim status as defined in Section 3005(e) of the
Act and regulations under 40 CFR Part 122.23(a) must comply with the
regulations specified in Part 265 in lieu of the regulations in this
Part, until final administrative disposition of his permit applica-
tion is made.
Comment: As stated in Section 3005(a) of RCRA, upon and after
the effective date of regulations under that Section, i.e., 40
CFR Part 122 regulations, the treatment, storage, and disposal
of hazardous waste is prohibited except in accordance with a
permit. Section 3005(e) provides for the continued operation
'of an existing facility, which meets certain conditions until
final administrative disposition of the owner's/operator's
permit application is made.
264.4 - 264.9 [Reserved]
SUBPART B - GENERAL FACILITY STANDARDS
264.10 Applicability
The regulations in this Subpart apply to the owners/operators of
all hazardous waste management facilities, except as provided other-
wise in §264.1.
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264.11 Identification Number
Every facility owner/operator must apply to EPA for an identifi-
cation number in accordance with the EPA notification procedures
(—FR ), except as provided otherwise in 264.Kb).
264.12 Required Notices
(a) An owner/operator of a facility that has arranged to re-
ceive hazardous waste from foreign sources must notify the
Regional Administrator in writing at least two weeks in
advance of the expected date of arrival of these shipments
at the facility.
(b) An owner/operator of a facility that receives hazardous
waste from off-site (except when the owner/operator is also
the generator) must inform the generator in writing that he
has the appropriate permit(s) for and will accept the waste
the generator is shipping. A copy of this written notice
must be retained by the owner/operator as part of the
record of waste received.
(c) Before transferring ownership or operation of a facility
during its operating life, or a disposal facility during
the post-closure care period, the owner or operator must
notify the new owner or operator in writing of the require-
ments of this "Part.
264.13 General Waste Analysis
(a) (1) Before an owner/operator manages any hazardous waste,
he must obtain a detailed chemical and physical analy-
sis of the waste. At a minimum, this analysis must
contain all the information which must be known to
treat, store, or dispose of the waste in accordance
with the requirements of this Part or with the condi-
tions of a permit issued under Part 122, Subparts A
and B.
(2) The analysis may include data developed pursuant to
Part 261, and existing data on the waste which is
published or documented (e.g., the facility's records
of analyses performed on the waste prior to the effec-
tive date of the regulations, studies conducted on
waste generated from processes similar to that which
generated the waste to be managed at the facility,
etc.) " '
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(3) The analysis must be conducted in accordance with and
repeated at the frequency specified in the waste
analysis plan required in paragraph (b) below. At a
minimum, the analysis must be repeated when the
owner/operator is notified, or has reason to believe,
that the process or operation generating the waste has
changed, and for off-site facilities, when the results
of the tests required in paragraph (a)(4) below indi-
cate that the composition or the characteristics of
the waste received at the facility do not match the
waste designated on the accompanying manifest.
(4) For off-site facilities, owners/operators must deter-
mine whether the waste shipments received at the
facility match the identity of the waste specified in
the accompanying manifest.
Comment: The owner/operator of an off-site facility may make an
arrangement with the generator of the waste to supply part of
the required information. If the generator does not supply the
information, and the owner/operator chooses to accept a waste,
he is responsible for obtaining the information required to
comply with this Section.
(b) Owners/operators must develop a waste analysis plan which
describes the procedures which the owner/operator will
carry out to comply with paragraph (a). At a minimum, the
plan must specify the following:
(1) The parameters for which each waste will be analyzed
and the rationale for .the selection for these parame-
ters (i.e., how analysis for these parameters will
provide sufficient information on the waste's proper-
ties to comply with paragraph (a));
(2) The test methods which will be used to test for these
parameters;
(3) The sampling methodology which will be used to obtain
a representative sample of the waste to be analyzed
(see Appendix I of Part 261 for EPA-approved sampling
methods);
(4) The frequency at which the initial analysis of the
waste will be reviewed and/or repeated to ensure that
the analysis is accurate and up to date; and
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(5) For off-site facilities, the waste analyses that waste
generators have agreed to supply.
(c) For off-site facilities, the waste analysis plan required
in paragraph (b) must also specify the procedures which
will be implemented to ensure that the shipments of waste
received at the facility match the identity of the waste
designated on the accompanying manifest. At a minimum, the
plan must describe the following:
(1) The tests which will be used to determine the identity
of each shipment of waste managed at the facility; and
(2) The sampling methodology which will be used to obtain
a representative sample of the waste to be identified.
Comment: Part 122, Subpart B, requires that the waste analysis
plan be submitted with Part B of the permit application.
264.14 Security
(a) A facility owner/operator must prevent the unknowing entry,
and minimize the possibility for the unauthorized entry, of
persons or livestock onto the active portion of his facil-
ity, unless he can demonstrate to the Regional Administra-
tor that:
(1) Physical contact with the waste, structures, or equip-
ment within the active portion of the facility will
not injure unknowing and/or unauthorized persons or
livestock which may enter the active portion of a
facility, and
(2) Disturbance of the waste or equipment, by the unknow-
ing and/or unauthorized entry of persons or livestock
onto the active portion of a facility, will not endan-
ger human health or the environment.
Comment: Part 122, Subpart B, requires that an owner/operator
who wishes to make the demonstration referred to above must do
so with Part B of the permit application.
(b) To ensure compliance with paragraph (a), owners/operators
must demonstrate that their facilities have:
(1) A 24-hour surveillance system (e.g., television moni-
toring of the active portion and/or surveillance of
the active portion by guards or facility personnel)
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which continuously monitors and controls entry onto
the active portion of the facility; or
(2) (i) An artificial and/or natural barrier (e.g., a
fence in good repair and/or a cliff) which com-
pletely surrounds the active portion of the facil-
ity; and
(ii) A means to control entry through the gates or
other entrances to the active portion of the
facility (e.g., an attendant, television monitors,
locked entrance, controlled roadway access to the
facility) both during the facility's operating
hours and when the facility is unattended.
The requirements of paragraph (b) are satisfied if the facility or
plant within which the active portion is located itself has a sur-
veillance system or a barrier and a means to control entry which com-
plies with the requirements of paragraph (b)(l) or (2).
(c) To ensure compliance with paragraph (a), a sign with the
following legend, "Warning - Unauthorized Personnel Keep
Out," must be posted at each entrance to the active portion
of a facility and in sufficient numbers to be seen from any
approach to the active portion of a facility. The legend
must be written in English and in any other language pre-
dominant in the area surrounding the facility (e.g., facil-
ities in counties bordering the Canadian province of Quebec
must post signs in French; facilities in counties bordering
Mexico must post signs in Spanish) and must be legible from
a distance of at least 25 feet. Existing signs with a
legend other than "Warning—Unauthorized Personnel Keep
Out" may be used if the legend on the sign indicates that
only authorized personnel are allowed to enter the active
portion, and that entry onto the active portion is
potentially dangerous.
Comment: Owners/operators are encouraged to also describe on
the sign the type of hazard (e.g., hazardous waste, flammable
waste, etc.) contained within the active portion of the facil-
ity.
Comment: See §264.117(b) for discussion of security require-
ments at disposal facilities during the post-closure care
period.
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264.15 General Inspection Requirements
(a) Facility owners/operators must inspect facilities for
equipment malfunctions and deterioration, operator errors,
and spills, which may be causing or may lead to release of
hazardous constituents to the environment or pose a threat
to human health outside the facility. These inspections
must be conducted frequently enough to identify problems in
time to take corrective action before they harm human
health or the environment.
(b) Facility owners/operators must develop and implement a
schedule for inspecting monitoring equipment, safety and
emergency equipment, security devices, and operating and
structural equipment (such as dikes and sump pumps) that
are important to the prevention and detection of, or
response to, environmental or human health hazards. The
schedule must identify the types of problems (e.g., mal-
functions or deterioration) which are to be looked for dur-
ing the inspection (for example, inoperative sump pump,
leaking fitting, eroding dike, etc.). The frequency of
inspection may vary for the items on the schedule, but
should be based on the rate of possible deterioration of
the equipment and the probability of an environmental or
human health incident if the deterioration or malfunction
goes undetected between inspections. Areas subject to
spills, such as loading and unloading areas, must be
inspected daily when they are in use.
Comment: Part 122, Subpart B, requires the inspection schedule
to be submitted with Part B of the permit application. EPA will
evaluate the schedule along with the rest of the application to
ensure that it adequately protects human health and the environ-
ment. As part of this review, EPA may modify or amend the
schedule as may be necessary.
(c) The owner/operator must make any repairs, or take other
remedial action, on a time schedule which ensures that any
deterioration or malfunction discovered does not lead to an
environmental or human health hazard. Where an incident is
imminent or has already occurred, remedial action must be
taken immediately.
(d) The owner/operator must keep records of inspections in an
inspection log or summary. These records must be retained
for at least three years. At a minimum, these records must
include the date and time of the inspection, the name of
the inspector, a notation of the observations made, and the
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date and nature of any repairs made or remedial actions
taken.
264.16 Personnel Training
(a) (1) Facility personnel must successfully complete a pro-
gram of instruction and/or on-the-job training that
teaches them to perform their duties in a way that
ensures the facility's compliance with the require-
ments of this Part and that includes all the elements
described in paragraph (a)(3) below.
(2) This program must be directed by a person trained in
hazardous waste management procedures, and must
include instruction, supplementing the facility
personnel's existing job knowledge, which teaches
facility personnel hazardous waste management proce-
dures (including contingency plan implementation)
relevant to the positions in which they are employed.
(3) At a minimum, the training program must be designed to
ensure that facility personnel are able to respond
effectively to emergencies by familiarizing them with
emergency procedures, emergency equipment, and emer-
gency systems, including, but not necessarily limited
to, the following, where applicable:
(i) Procedures for inspection, repair, and replace-
ment of facility emergency and monitoring
equipment;
(ii) Key parameters for automatic waste feed cutoff
systems;
(iii) Communications and/or alarm systems;
(iv) Response to fires or explosions;
(v) Response to ground-water contamination incidents;
and
(vi) Shutdown of operations.
(b) Facility personnel must successfully complete the program
required in paragraph (a) within six months after the
effective date of these regulations or six months after the
date of employment or assignment to a facility, or a new
position at a facility, whichever is later. New employees
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must not work in unsupervised positions until they have
completed the training requirements of paragraph (a).
(c) Facility personnel must take part in an annual review of
their initial training in both contingency procedures and
the hazardous waste management procedures relevant to the
positions in which they are employed.
(d) Owners/operators of facilities must maintain the following
documents and records and make them available to the
Regional Administrator upon request:
(1) The job title for each position at the facility
related to hazardous waste management, and the name of
the employeee filling each job;
(2) A written job description for each position listed
under paragraph (d)(l). This description may be con-
sistent in its degree of specificity with descriptions
for other similar positions in the same company loca-
tion or bargaining unit, but must include the requi-
site skill, education, or other qualifications, and
duties of employees assigned to each position;
(3) A written description of the type and amount of both
introductory and continuing training that will be
given to each person filling a position listed under
paragraph (d)(l);
(4) Records that document that the training or job experi-
ence required under paragraphs (a), (b), and (c) has
been given to, and completed by, facility personnel.
(e) Training records on current employees must be maintained
until closure of the facility; training records on former
employees must be retained for at least three years. Em-
ployee training records may accompany personnel transferred
within the same company.
SUBPART C - PREPAREDNESS AND PREVENTION
264.30 Applicability
The regulations in this Subpart apply to the owners/operators of
all hazardous waste management facilities, except as provided other-
wise in §264.1.
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264.31 Design and Operation of Facility
Facilities must be designed, constructed, maintained, and oper-
ated so that the possibility of a discharge, fire, or explosion which
could threaten the environment or human health outside the facility
is minimized.
264.32 Required Equipment
All facilities must be equipped with the following, unless it
can be demonstrated to the Regional Administrator that there are no
hazards at the facility which could require a particular kind of
equipment specified below:
(a) An internal communications or alarm system capable of pro-
viding immediate emergency instruction (voice or signal) to
facility employees;
(b) A device capable of summoning external emergency assistance
from local police departments, fire departments, or State
or local emergency response teams, such as a telephone
(immediately available at the scene of operation) or a
handheld two-way radio;
(c) Portable fire extinguishers, fire control equipment (in-
cluding special extinguishing equipment, such as that using
foam, inert gas, or dry chemicals), spill control equip-
ment, and decontamination equipment; and
(d) Water at adequate volume and pressure to supply water hose
streams, or foam producing equipment, or automatic sprink-
lers, or water spray systems.
Comment: Part 122, Subpart B, requires that an owner/operator
who wishes to make the demonstration referred to above must do
so with Part B of the permit application.
264.33 Testing and Maintenance of Equipment
All facility communications or alarm systems, fire protection
equipment, spill control equipment, and decontamination equipment,
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where required, must be tested and maintained as necessary to assure
its proper operation in time of emergency.
264.34 Access to Communication or Alarm System
(a) Whenever hazardous waste is being poured, mixed, spread, or
otherwise handled, all employees involved in the operation
must have immediate access to an internal alarm or emer-
gency communication device, either directly or through
visual or voice contact with another employee, unless the
Regional Administrator has ruled that such a device is not
required under §264.32 above.
(b) If there is ever just one employee on the premises while
the facility is operating, he must have immediate access to
a device capable of summoning external emergency assis-
tance, such as a telephone (immediately available at the
scene of operation), or a hand-held two-way radio, unless
the Regional Administrator has ruled that such device is
not required under §264.32 above.
264.35 Required Aisle Space
The facility owner/operator must maintain aisle space to allow
the unobstructed movement of personnel, fire protection equipment,
spill control equipment, and decontamination equipment to any area of
facility operation in an emergency, unless it can be demonstrated to
the Regional Administrator that aisle space is not needed for any of
these purposes.
Comment: Part 122, Subpart B, requires that an owner/operator
who wishes to make the demonstration referred to above must do
so with Part B of the permit application.
264.36 Special Handling for Ignitable and Reactive Waste
The facility owner/operator must take precautions to prevent
accidental ignition or reaction of ignitable or reactive waste. This
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waste must be separated and protected from sources of ignition or
reaction including but not limited to: open flames, smoking, cutting
and welding, hot surfaces, frictional heat, sparks (static, electri-
cal, or mechanical), spontaneous ignition (e.g., from heat-producing
chemical reactions), and radiant heat. While ignitable or reactive
waste is being handled, the facility owner/operator must confine
smoking and open flame to specially designated locations. "No Smok-
ing" signs must be conspicuously posted wherever there is normally a
hazard from ignitable or reactive waste.
264.37 Arrangements with Local Authorities
Analogue to 264.52(b) to be added here
264.38 - 264.49 [Reserved]
SUBPART D - CONTINGENCY PLAN AND EMERGENCY PROCEDURES
264.50 Applicability
'The regulations in this Subpart apply to the owners/operators of
all hazardous waste management facilities, except as provided other-
wise in §264.1.
264.51 Purpose and Implementation of Contingency Plan
(a) The owner/operator must develop a contingency plan for each
facility designed to minimize human health and environmen-
tal damage in the event of an unplanned sudden or non-
sudden discharge of hazardous waste to air, soil, or
surface water.
(b) The provisions of the plan must be implemented immediately
whenever there is a discharge of hazardous waste which
could threaten the environment or human health outside the
facility.
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264.52 Content of Contingency Plan
(a) The plan must include provisions for controlling spills.
If a facility owner/operator already has prepared a Spill
Prevention, Control, and Counter-measures (SPCC) Plan in
accordance with 40 CFR 112 and/or 40 CFR 151, or some other
emergency or contingency plan, he need only amend that plan
to incorporate hazardous waste management provisions suffi-
cient to comply with the requirements of this Part.
(b) The plan must describe arrangements agreed to by local pol-
ice departments, fire departments, hospitals, contractors,
and State and local emergency response teams to coordinate
emergency services, where these arrangements are appropri-
ate for the type of waste handled at the facility or the
potential need for the services of these organizations.
Facility owners/operators must attempt to make the follow-
ing arrangements, as appropriate, to the type of waste
handled at their facility. Where State or local authori-
ties decline to enter into such arrangements, the facility
owner/operator must document the refusal in writing.
(1) Arrangements to familiarize police, fire departments,
and emergency response teams with the layout of the
facility, properties of hazardous waste handled at the
facility and associated hazards, places where facility
personnel would normally be working, entrances to and
roads inside the facility, and possible evacuation
routes;
(2) In the event that more than one police and fire
department might respond to an emergency, agreements
designating primary emergency authority to a specific
police and a specific fire department, and agreements
with any others to provide support to the primary
emergency authority; and
(3) Agreements with State emergency response teams, emer-
gency response contractors, and equipment suppliers.
(c) The plan must list names, addresses, and phone numbers (of-
fice and home) of all persons qualified to act as facility
emergency coordinator (see §264.55), and this list must be
kept up to date. Where more than one person is listed, one
must be named as primary emergency coordinator and others
must be listed in the order in which they will assume re-
sponsibility as alternates. For new facilities, this
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information must be supplied to the Regional Administrator
before operations begin at the time of certification,
rather than at the time of permit application.
(d) The plan must include a list of all emergency equipment at
the facility (such as fire extinguishing systems, spill
control equipment, communications and alarm systems (inter-
nal and external), and decontamination equipment), where
this equipment is required. This list must be kept up to
date. In addition, the plan must include the location and
a physical description of each item on the list, and a
brief outline of its capabilities.
(e) The plan must include an evacuation plan for facility per-
sonnel where there is a possibility that evacuation could
be necessary. This plan must outline signal(s) to be used
to begin evacuation, evacuation routes, and alternate
evacation routes (in cases where the primary routes could
be blocked by discharges of hazardous waste or fires).
264.53 Copies of Contingency Plan
A copy of the contingency plan and all revisions to the plan
must be:
(a) Maintained at the facility;
(b) Made available to the Regional Administrator upon request;
and
(c) Submitted to all local police departments, fire depart-
ments, hospitals, and emergency response teams that may be
called upon to provide emergency services.
Comment: The contingency plan must be submitted to the Regional
Administrator with Part B of the permit application under Part
122, Subparts A and B, and after modification and/or approval,
will become a condition of any permit issued.
264.54 Amendment of Contingency Plan
The contingency plan must be reviewed, and immediately amended,
if necessary, under any of the following circumstances:
(a) Revisions to the facility permit;
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(b) Failure of the plan in an emergency;
(c) Changes in the facility design, construction, operation,
maintenance, or other circumstances that materially in-
crease the potential for discharges of hazardous waste or
change the response necessary in an emergency;
(d) Changes in the list of emergency coordinators; or
(e) Changes in the list of emergency equipment.
Comment: A change in the lists of facility emergency coordina-
tors or equipment in the contingency plan does not constitute an
amendment to the facility permit to which the plan is a condi-
tion.
264.55 Emergency Coordinator
Whenever the facility is in operation, there must be at least
one employee either present or on call (i.e., available to respond
even though not on the facility premises) with the responsibility for
coordinating all emergency response measures. This facility emer-
gency coordinator must be thoroughly familiar with all aspects of the
.facility's contingency plan, all operations and activities at the
facility, the location and characteristics of waste handled, the
location of manifests within the facility, if applicable, and the
facility layout. In addition, this person must have the authority to
commit the resources needed to implement the contingency plan.
Comment: The emergency coordinator's responsibilities are more
fully spelled out in §254.56 below. Applicable responsibilities
for the emergency coordinator vary, depending on factors such as
type and variety of waste(s) handled by the facility, and type
and complexity of the facility.
264.56 Emergency Procedures
(a) The facility's emergency coordinator (or his designee when
the emergency coordinator is on call) must immediately:
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(1) Activate internal facility alarms or communication
systems, where applicable, to notify all facility
personnel of any imminent or actual emergency situta-
tion, and
(2) Notify appropriate State or local agencies with
designated response roles whenever their assistance is
needed.
(b) In the event of a discharge, fire, or explosion, the
facility's emergency coordinator must immediately identify
the character, exact source, amount, and area of any dis-
charged materials. He may do this by observation and/or
review of facility records or manifests, and, if necessary,
by chemical analysis.
(c) The facility's emergency coordinator must immediately as-
sess possible hazards to the environment and human health
outside the facility that may result from discharge, fire,
or explosion. This assessment must consider both direct
and indirect effects of the discharge, fire, or explosion
(e.g., the effects of any toxic, irritating, or asphyxiat-
ing gases that are generated, or the effects of any hazard-
ous surface water runoff from water or chemical agents used
to control fire and heat-induced explosions).
(d) The facility's emergency coordinator must immediately re-
port his assessment that the facility has had a discharge,
fire, or explosion which could threaten the environment or
human health outside the facility, as follows:
(1) If his assessment indicates that evacuation of local
areas may be advisable, he must immediately notify ap-
propriate local authorities. He must be available to
assist appropriate officials in making the decision
whether local areas should be evacuated;
(2) He must immediately notify either the government offi-
cial designated as the on-scene coordinator for that
geographical area (in the applicable regional contin-
gency plan under 40 CFR 1510) or the National
Response Center (using their 24-hour toll free number
800/424-8802). The report must include:
(i) Name and telephone number of reporter;
(ii) Name and address of facility;
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(iii) Time and type of incident (e.g., disharge, fire);
(iv) Name and quantity of material(s) involved, to the
extent available; and
(v) The extent of injuries, if any.
(e) During an emergency, the facility's emergency coordinator
must take all reasonable measures necessary to ensure that
fires and explosions do not occur, recur, or spread to
other hazardous waste at the facility. These measures must
include, where applicable, stopping processes and opera-
tions, collecting and containing discharged waste, and
removing or isolating containers.
(f) If the facility stops operations in response to a dis-
charge, fire, or explosion, the facility's emergency
coordinator must monitor for leaks, pressure buildup, gas
generation, or ruptures in valves, pipes, or other equip-
ment, wherever this is appropriate.
(g) Immediately after an emergency, the facility's emergency
coordinator must provide for treating, storing, or dispos-
ing of recovered waste, contaminated soil or surface water,
or any other material that results from a discharge, fire,
or explosion at the facility. The recovered material must
be handled as a hazardous waste unless it is analyzed and
determined not to be, using the procedures specified in
Part 261. — .
(h) The facility's emergency coordinator must ensure that, in
the affected area(s) of the facility:
(1) No waste that may be incompatible with the released
material is treated, stored, or disposed of until
cleanup procedures are completed; and
(2) All emergency equipment listed in the contingency plan
is cleaned and fit for its intended use before opera-
tions are resumed.
(i) The facility owner/operator must notify the
Regional Administrator, and appropriate State
and local authorities, that the facility is in
compliance with paragraph (h) above before opera-
tions are resumed in the affected area(s) of the
facility.
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(j) The facility owner/operator must record the time, date, and
nature of any emergency. Within 15 days after the emer-
gency, he must submit a written report on the emergency to
the Regional Administrator. The report must indued:
(1) Name, address, and telephone number or the owner/oper-
ator;
(2) Name, address, and telephone number of the facility;
(3) Date, time, and type of incident (e.g., fire, dis-
charge) ;
(4) Name and quantity of material(s) involved;
(5) The extent of injuries, if any;
(6) An assessment of possible hazards to the environment
and human health outside the facility, where this is
applicable; and
(7) Estimated quantity and disposition of recovered mater-
ial that results from the incident.
264.57 - 254.69 [Reserved]
SUBPART E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING
264.70 Applicability
The regulations in this Subpart apply to owners and operators of
both on-site and off-site facilities, except as provided otherwise in
§264.1; §§264.71, 264.72, and 264.76 do not apply to owners and opera-
tors of on-site facilities that do not receive any hazardous waste
from off-site sources.
264.71 Use of Manifest System
An owner/operator, or his agent, of a facility that receives
hazardous waste accompanied by a manifest must:
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(a) Sign and date each copy of the manifest to certify that the
movement covered by the manifest has been received.
(b) Where he discovers significant discrepancies in the move-
ment (as defined in §264.72), note them in the comment sec-
tion of each copy of the manifest (see §264.13(a) for waste
analysis requirement).
(c) Immediately provide the transporter with at least one copy
of the manifest.
(d) Within 30 days of the delivery, forward the manifest to the
generator.
(e) Retain for at least three years a copy of each manifest
with the certifications of the generator, transporter(s),
and owner/operator of the facility, or their agents.
264.72 Manifest Discrepancies
(a) Manifest discrepancies are differences between the quantity
and/or type of hazardous waste designated on the manifest,
and the quantity and/or type of hazardous waste actually
received. Significant discrepancies in .quantity are varia-
tions greater than actually received. Significant discre-
pancies in quantity are variations greater than 10 percent
of the shipment. Significant discrepancies in type are
obvious differences which can be discovered by inspection
or waste analysis, such as waste solvent substituted for
waste acid.
(b) Upon discovery of a significant discrepancy in a manifest,
the owner/operator must attempt to reconcile the discre-
pancy by telephone conversations with the waste generator
and/or transporter(s), or by other means. If the discre-
pancy is not resolved within 15 days of receipt of the
waste, the owner/operator must immediately submit a letter
report, including a copy of the manifest at issue, to the
Regional Administrator.
264.73 Operating Record
(a) An owner/operator of a facility must keep an operating re-
cord. This record must be open at all reasonable times for
inspection by any duly authorized employee or agent of EPA.
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(b) The following information must be recorded, as it becomes
available, and maintained in the operating record until
closure of the facility.
(1) A description and the quantity of each hazardous waste
received, and the method(s) and date(s) of its treat-
ment, storage, and/or disposal at the facility (see
Appendix I for further instructions).
(2) The location and quantity of each hazardous waste
within the facility. For disposal facilities, the
location and quantity of each hazardous waste must be
recorded on a map or diagram of each cell, trench, or
disposal area (see §264.119). All the above informa-
tion must include cross-references to specific mani-
fest document numbers, if the waste was accompanied by
a manifest;
(3) Waste analyses performed as specified in §264.13, and
the results obtained;
(4) Summary reports and records of all incidents that
require implementing the contingency plan as specified
in §264.56(j);
(5) Records and results of inspections as required by
§264.15(d) (except these data need be kept only three
years); and
(6) Monitoring data, if required by §264.90.
Comment: Monitoring data at disposal facilities also must be
kept throughout the post-closure period. See §264.94(a).
264.74 Disposition of Records
Records of waste disposal locations required to be maintained
under §264.73(b)(2) must be turned over to the Regional Administrator
and local land authority upon closure of the facility (see §264.119).
264.75 Annual Report
Owners/operators of facilities that treat, store, or dispose of
hazardous waste must prepare and submit a single copy of an annual
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report to the Regional Administrator by March 1 of each year. The
annual report must cover facility activities during the previous
calender year and must include the following information (see Appen-
dix II for the report form):
(a) The EPA identification number, name, and address of the
facility;
(b) The calendar year covered by the report;
(c) For off-site facilities, the identification number of each
hazardous waste generator from which a hazardous waste was
received during the year; for international shipments, the
name and address of the foreign generator must be given;
(d) A description and the quantity of each hazardous waste
received by the facility during the year. For off-site
facilities, this information must be listed by identifi-
cation number of each generator;
(e) The method(s) of treatment, storage, or disposal for each
hazardous waste;
(f) Monitoring data, where required under §264.94(b)(2) and
(3); and
(g) A certification signed by the owner/operator of the facil-
ity or his authorized representative.
264.76 Unmanifested Waste Report
If a facility accepts for treatment, storage, or disposal any
hazardous waste from off-site sources without an accompanying mani-
fest (except for shipments that do not require a manifest because of
the exclusions in §261.4), the owner/operator must prepare and submit
a single copy of a report to the Regional Administrator within 15
days of the receipt of the waste. The report must include the fol-
lowing information, if available (see Appendix II for the report
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(a) The EPA identification number, name, and address of the
facility;
(b) The date of receipt of the waste;
(c) The word "unmanifested" under the comments section (or
check appropriate box) of the report form;
(d) The identification number, name, and address of the
generator, or else the transporter;
(e) A description and the quantity of each unmanifested hazard-
ous waste received by the facility;
(f) The method(s) of treatment, storage, or disposal for each
hazardous waste;
(g) A certification signed by the owner/operator of the
facility or his authorized representative; and
(h) A brief explanation of why the shipment was unmanifested
in the comments section of the report form.
264.77 Additional Reports
In addition to the annual and unmanifested waste reporting
requirements described in §§264.75 and 264.76, a facility owner/
operator -must also report to the Regional Administrator:
(a) Discharges, fires, and explosions as specified in
§264.56(j);
(b) Ground-water contamination and monitoring data as specified
in §§264.93 and 264.94;
(c) Before facility closure as specified in §264.115; and
(d) Upon his request, such information as the Regional
Administrator may deem necessary to determine compliance
with the requirements of this Part.
264.78 - 264.89 [Reserved]
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SUBPART F - GROUND-WATER MONITORING
264.90 Applicability
(a) An owner/operator of a surface impoundment, landfill, or
land treatment facility must install, maintain, and operate
a ground-water monitoring system as specified in this
Subpart, and must comply with the sampling, analysis,
recordkeeping, and reporting requirements of this Subpart.
However, a lesser degree of ground-water monitoring (or no
monitoring) may be acceptable if the owner/operator can
demonstrate to the Regional Administrator that there is a
low (or no) potential for migration of hazardous waste
constituents to an Underground Source of Drinking Water
(USDW), to water supply wells, or to surface water via the
uppermost aquifer, during the active facility life and
post-closure care period. This demonstration must be
certified by a qualified geologist or geotechnical engineer
and must address the following:
(1) Whether or not the uppermost aquifer is a USDW, and if
not, whether there is a potential for migration via
the uppermost aquifer to a USDW or surface water;
(2) A thorough hydrogeologic investigation, based on but
not limited to evaluations of logs of test borings
made by a geologist present during drilling, which
established:
(i) Unsaturated zone characteristics (i.e., geologic
materials, physical properties, and depth to
ground water); and
(ii) Saturated zone characteristics (i.e., geologic
materials, physical properties, and rate of
ground-water flow);
(3) A water balance of precipitation, evapotranspiration,
runoff, and infiltration; and
(4) Proximity to water supply wells and use of water.
Comment: Part 122, Subpart B, requires that an owner/operator
who wishes to make the demonstration referred to above must do
so with Part B of the permit application.
(b) An owner/operator of a tank may be required by the Regional
Administrator to comply with all or part of the
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ground-water monitoring requirements of this Subpart if the
Regional Administrator determines that there is a high
potential for discharge of hazardous waste constituents to
ground water. The Regional Administrator will use the
following criteria in making this determination:
(1) The ability of the owner/operator to detect leakage by
visual inspection;
(2) The permeability of the underlying continuous base, if
there is one; and
(3) The ability of the tank to contain the waste.
264.91 Ground-Water Monitoring System
(a) A ground-water monitoring system must be capable of yield-
ing ground-water samples for analysis and must consist of:
(1) Enough monitoring wells (no less than one) located
hydraulically upgradient from the limit of the waste
management area and installed so as to yield
ground-water samples that are
(i) representative of uncontaminated, background
ground-water quality, and
(ii) not contaminated by the facility; and
(2) Enough monitoring wells (no less than three) installed
hydraulically downgradient at the limit of the waste
management area so that their number, locations, and
depths will ensure that any hazardous waste
constituent will be detected upon migration from the
waste management area.
(b) (1) The distance measured in the direction of ground-water
flow between the downgradient monitoring wells and the
property boundary, considering the frequency of
ground-water monitoring, must allow enough time to
prevent contamination of ground water beyond the
property boundary by implementing the corrective action
program required by §264.93(b).
(2) The distance from downgradient monitoring wells to the
facility property boundary must be greater than "D" in
the following equation:
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D = TV where
D - Distance (ft) ground water moves in time T,
T - Tl + T2 + T3
Where
Tl - Time (days) between sampling (sample interval), not to
exceed six months as required by 264.92(d)(2),
T2 - Time (days) estimated for sample analysis and evaluation,
T3 = Time (days) estimated in §264.93(a) and (b) for completion
of the damage assessment program and corrective action
programs, respectively, and
V = Velocity of ground-water flow determined by direct field
measurement (ft/day) or calculated by use of the equation V
- Ki/Sy
Where
K = Maximum hydraulic conductivity (ft3/day/ft2) of the
aquifer beneath the facility,
f = Maximum hydraulic gradient (ft/ft) of the aquifer beneath
the facility, and
Sy = Specific yield (ft3/ft3) of the aquifer beneath the
facility.
(c) All monitoring wells must be cased to enable sample collec-
tion at depths where appropriate aquifer flow zones exist,
and must be screened or perforated and packed with gravel
or sand at these depths, where necessary. The annular
space above the sampling depth must be sealed with a
suitable material (e.g., cement, grout or bentonite slurry)
to prevent contamination of samples and the ground water.
264.92 Sampling and Analysis
(a) The owner/operator must analyze samples from the installed
ground-water monitoring system. Ground-water sampling and
analysis procedures must be established and must include
techniques for:
(1) Sample collection,
(2) Sample preservation and shipment,
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(3) Analytical procedures, and
(4) Chain of custody control.
Comment: See "Procedures Manual for Ground-water Monitoring At
Solid Waste Disposal Facilities," EPA-530/SW-611, August 1977,
and "Methods for Chemical Analysis of Water and Wastes,"
EPA-600/4-79-020, March 1979, for discussions of appropriate
sampling and analysis procedures.
(b) The owner/operator must determine the concentration of the
following in ground-water samples in accordance with
paragraphs (c) and (d):
(1) Parameters characterizing the suitability of the
ground water as a drinking water supply, as specified
in Appendix III.
(2) Parameters establishing ground-water quality:
(i) Chloride
(ii) Iron
(iii) Manganese
(iv) Phenols
(v) Sodium
(vi) Sulfate
Comment: These parameters are to be used as a basis for
comparison in the event a damage assessment is required under
§264.93(f).
(3) Parameters used as indicators of ground-water contami-
• nation:
(i) pH
(ii) Specific Conductance
(iii) Total Organic Carbon
(iv) Total Organic Halogen
(c)(l) Initial background concentrations of all parameters
specified in paragraph (b) must be established for all
monitoring wells quarterly for a period of one year;
for new facilities this must be done quarterly for the
two quarters preceding acceptance of
(2) Establishment of initial background for the indicator
parameters specified in paragraph (b)(3) must include,
for each indicator parameter, determination of the
arithmetic mean and variance of the analytic data, by
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pooling the respective analytic data for samples
obtained from all wells.
(d) All monitoring wells must be sampled and the samples
analyzed according to the following frequencies:
(1) Samples collected to indicate ground-water quality
must be obtained and analyzed for the parameters
specified in paragraph (b)(2) at least annually.
(2) Samples collected to check for ground-water
contamination must be obtained and analyzed for the
parameters specified in paragraph (b)(3) at least
semi-annually or according to time Tl of §264.91
(b)(2), whichever is most frequent.
(e) Elevation of the ground-water surface at each monitoring
well must be determined each time a sample is obtained.
264.93 Preparation, Evaluation, and Response
(a) The owner/operator must prepare an outline of and time
estimate for completion of a damage assessment program
describing an accelerated and modified ground-water moni-
toring program capable of determining:
(1) The extent and severity of ground-water contamination
by hazardous waste constituents caused by the facil-
ity; and
(2) The extent to which the facility has caused the ground
water in a USDW to exceed the maximum levels for the
parameters specified in Appendix III.
(b) The owner/operator must prepare an outline of and time
estimate for completion of a corrective action program
describing applicable remedial measures to avoid contami-
nating ground water beyond the facility property boundary,
such as limiting operations, adjusting the ground-water
table gradient, and treating in-situ or removing the con-
taminated ground water.
Comment: The outlines of the facility's ground-water damage
assessment and corrective action programs must be submitted to
the Regional Administrator with Part B of the permit applica-
tion under Part 122, Subparts A and B.
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(c) The owner/operator must evaluate the results of the
analyses required by §264.92(d)(2) as follows:
(1) The calculated arithmetic mean and variance for each
indicator parameter specified in §264.92(b)(3) from
each upgradient monitoring well is to be individually
compared to the initial background arithmetic mean and
variance of each indicator parameter, established in
accordance with §264.92(c)(2), using the Student's t-
test at the 0.01 level of significance (see Appendix
IV) to determine statistically significant increases
(and, in the case of pH, decreases also).
(2) The calculated arithmetic mean and variance for each
indicator parameter specified in §264.92(b)(3) from
each downgradient monitoring well is to be individual-
ly compared to the initial background arithmetic mean
and variance of each indicator parameter, established
in accordance with §264.92(c)(2), using the Student's
t-test at the 0.01 level of significance (see Appendix
IV) to determine statistically significant increases
(and, in the case of pH, decreases also).
(d)(l) If the evaluations for the upgradient wells performed
in accordance with paragraph (c)(l) above yield a
significant increase (or pH decrease), the owner/
operator must record and submit this information in
accordance with §264.94.
(2) Based on this information, the Regional Administrator
may at his discretion require the facility owner/
operator to conduct additional sampling and analyses,
and revise the facility's background datum.
(e) If the evaluations for downgradient wells performed in
accordance with paragraph (c)(2) above yield a significant
increase (or pH decrease), the facility will be suspected
of affecting ground-water quality and the owner/operator
must:
(1) Immediately obtain additional ground-water samples
from those downgradient wells where a significant dif-
ference was detected, split the samples in two, and
obtain additional analysis of all samples to determine
whether the significant difference was a result of
laboratory error.
(2) If the analyses of the split samples confirm the
significant increase (or pH decrease), notify, in
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writing, within seven days the Regional Administrator,
and appropriate State and local officials, that the
facility may be affecting ground-water quality.
(3) Within 15 days of notification, submit to the Regional
Administrator for review and approval:
(i) A plan for conducting the damage assessment pro-
gram, based on the outline prepared previously in
accordance with paragraph (a), specifying the
number of wells, their locations and depths, and
the sampling, analysis, and evaluation procedures
to be used to detect and quantify any hazardous
waste constituents which may have been discharged
from the facility into ground water. The damage
assessment plan must be developed in considera-
tion of and specifically related to the hydro-
geology of the underlying aquifer; and.
(ii) Any ground-water quality information, such as
that discussed in paragraph (d), which could
demonstrate that the facility is not affecting
ground-water quality and that a damage assessment
is unnecessary.
(f)(l) When instructed by the Regional Administrator, the
owner/operator must immediately initiate his approved
damage assessment program. Within 15 days of comple-
tion of the program, the owner/operator must submit to
the Regional Administrator and to those State and
local officials previously notified in accordance with
paragraph (e) above, a written report containing the
results of the damage assessment and a detailed
description of recommended remedial measures based on
the outline of the corrective action program prepared
previously under paragraph (b).
(2) Based upon information included in the damage assess-
ment report, the Regional Administrator may instruct
the owner/operator to implement his corrective action
program, as approved or modified by the Regional
Administrator.
Comment: Based upon information included in the damage assess-
ment report, the Regional Administrator may also:
(1) arrange for downgradient ground-water users to be
notified;
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(2) revoke or revise the facility owner's/operator's per-
mit until the owner/operator has demonstrated that the
corrective action program has been successful; and/or
(3) take other appropriate action.
(g) At least annually, the facility owner/operator must evalu-
ate the ground-water surface elevation data obtained under
§264.92(a) to determine whether the downgradient monitoring
well location requirement under §264.91(a)(2) continues to
be satisfied. If the evaluation shows that §264.91(a)(2)
is no longer satisfied, the owner/operator must immediately
modify the number, location, and/or depth of the monitoring
wells to bring the ground-water monitoring system into
compliance with this requirement.
264.94 Recordkeeeping and Reporting
(a) The facility owner/operator must maintain records of the
analyses of samples from all ground-water monitoring wells
required in §264.92(c) and (d), the associated ground-water
surface elevations required in §264.92(e), and the evalua-
tions required in §264.93, throughout the active life of
the facility, and for disposal facilities throughout the
post-closure care period.
(b) The facility owner/operator must report ground-water moni-
toring information as follows:
(1) Concentrations of the parameters listed in
§264.92(b)(1) for each ground-water monitoring well
must be submitted to the Regional Administrator within
15 days of the- completion of each quarterly analysis
during the first year when initial background concen-
trations are being established for the facility. The
owner/operator must separately identify for each moni-
toring well any parameter whose concentration has
been found to exceed the maximum contaminant levels
listed in Appendix III.
(2) Concentrations of, and the required evaluations under
§264.93(c) for, the parameters listed in §264.92(b)(3)
for each ground-water monitoring well must be submit-
ted to the Regional Administrator annually. The
owner/operator must separately identify, in accordance
with §264.93(d), any significant differences from
background found in the upgradient wells. During the
active life of the facility, this information must be
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submitted as part of the annual report required under
§264.75.
(3) Results of the evaluation of ground-water surface ele-
vation under §264.93(g), and a description of the
response to that evaluation, where applicable, must be
submitted to the Regional Administrator as part of the
annual report required under §264.75.
264.95 - 264.109 [Reserved]
SUBPART G - CLOSURE AND POST-CLOSURE
264.110 Applicability
Except as provided otherwise in §264.1:
(a) The regulations in this Subpart concerning closure apply
to the owners/operators of all hazardous waste management
facilities; and
(b) The regulations in this Subpart concerning post-closure
apply to the owners/operators of all disposal facilities,
i.e., to those facilities at which wastes will remain after
final closure.
264.111 Closure Performance Standard
All facilities must be closed in a manner that minimizes: (1)
any discharge of wastes, leachate, contaminated rainfall, or waste
decomposition products to ground or surface waters or the atmosphere,
and (2) the need for further maintenance to protect human health and
the environment.
264.112 Closure Plan; Amendment of Plan
(a) The owner/operator of a facility must submit a closure plan
to the Regional Administrator; for new facilities, the plan
must be submitted prior to beginning treatment, storage,
and/or disposal operations. The plan must identify the
steps necessary to completely close the facility at any
point during its expected life, as well as the steps neces-
sary to close at the end of the expected life of the facil-
ity. The closure plan must include, but need not be
limited to, the following:
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(1) A description of how and when the facility will be
partially closed, if applicable, and ultimately
closed, including an identification of the maximum
extent of the operation which will be unclosed during
the life of the facility;
(2) The maximum inventory of wastes in storage and/or in
treatment that is expected during the life of the
facility;
(3) A description of the steps necessary to decontaminate
facility equipment during closure; and
(4) A schedule for final closure which must include, as a
minimum, the anticipated date when completion of final
closure is anticipated, and intervening milestone
dates which will allow tracking of the progress of
closure. (For example, the expected date for comple-
tion of treatment or disposal of waste inventory must
be included, as must the planned date for removal of
any residual wastes from storage facilities and treat-
ment processes.)
Comment: The closure plan must be submitted to the Regional
Administrator with Part B of the application for a permit under
Part 122, Subparts A and B. This plan will be modified and/or
approved by the Regional Administrator during the permitting
process and incorporated into the conditions of the permit.
(b) During the active life of the facility, i.e., that period
during which wastes are periodically received, the owner/
operator may at any time submit an amended closure plan to
the Regional Administrator for approval.
Comment: Part 122, Subpart B, requires that an owner/operator
must submit an up-to-date closure plan to the Regional Adminis-
trator any time the Agency formally reviews a permit, including
those times when a permit modification is sought.
264.113 Time Allowed for Closure
(a) Within 90 days of receiving the final volume of wastes, the
owner/operator must treat and/or remove all wastes in stor-
age or in process from the site, or dispose of them on-
site, in accordance with the closure plan.
(b) Closure activities must be completed in accordance with the
approved closure plan and within six months of receiving
N-127
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the final volume of wastes. The Regional Administrator may
accept a longer closure period if the owner/operator can
demonstrate that the required or planned closure activi-
ties, will, of necessity, take longer than six months to
complete and that all steps have been taken to eliminate
any substantial threat to human health and the environment
from the unclosed but inactive facility.
264.114 Disposal or Decontamination of Equipment
When closure is completed, all facility equipment must have been
properly disposed of or decontaminated by removal of all hazardous
waste and residues.
264.115 Notification and Certification of Closure
(a) An owner/operator of a facility must notify the Regional
Administrator in writing of the date he expects to complete
closure at least 180 days before the end of final closure.
(b) When closure is completed, the owner/operator must submit
to the Regional Administrator certification by the owner/
operator and certification by a registered professional
engineer that the facility has been closed in accordance
with the specifications in the closure plan.
264.116 [Reserved]
264.117 Post-Closure Care and Use of Property; Period of Care
(a) Post-closure care must consist of at least the following:
(1) Monitoring and reporting in accordance with the
requirements of Subpart F; and
(2) Maintenance of monitoring systems specified in
§264.91.
(b) The Regional Administrator may require maintenance of any
or all of the security requirements of §264.14 during the
post closure period when:
(1) Wastes remain exposed after completion of closure, or
(2) Casual access by the public may pose a hazard to human
health.
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(c) Post-closure use of property on or in which hazardous waste
remains after closure must in perpetuity be conducted in a
manner that prevents disturbing the integrity of the final
cover, liner(s), and any other components of the contain-
ment system, and the monitoring systems of the facility,
unless the owner/operator can demonstrate to the Regional
Administrator that the disturbance:
(1) Is necessary to the proposed use of the property, and
will not result in an increase in the potential hazard
to human health or the potential for environmental
contamination, or
(2) Is necessary to reduce environmental contamination or
a threat to human health.
(d) An owner/operator of a disposal facility must provide post-
closure care for at least 30 years from the date of the
completion of closure. However, the owner or operator may
petition the Regional Administrator to allow some or all of
the requirements for post-closure care to be discontinued
or altered before the end of the 30-year period. The peti-
tion must include evidence demonstrating the secure nature
of the facility that makes continuing the specified post-
closure requirement(s) unnecessary—e.g., no detected leaks
and none likely to occur, characteristics of the waste,
application of advanced technology, or alternative dispo-
sal, treatment, or reuse techniques. At the end of the
post-closure period, the Regional Administrator, if he
finds that the continued integrity of the site or prior
non-compliance with any applicable standards and require-
ments justifies it, may require the owner/operator to con-
tinue one or more of the post-closure care and maintenance
requirements contained in the facility's post-closure plan,
for a specified period of time. At the end of the speci-
fied period of time, the Regional Administrator will make
the determination whether to continue or terminate post-
closure care and maintenance at the facility. Anyone (a
member of the public as well as the owner/operator) may
petition the Regional Administrator for an extension or
reduction of the post-closure care period based on cause.
These petitions will be considered by the Regional Adminis-
trator when a new permit is issued, at closure, and at
five-year intervals after the completion of closure.
N-129
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264.118 Post-Closure Plan; Amendment of Plan
(a) The owner/operator of a disposal facility must submit a
post-closure plan to the Regional Administrator; for new
facilities, the plan must be submitted orior to beginning
treatment, storage, and/or disposal operations. The plan
must identify the activities which will be carried on after
final closure and the frequency of those activities. The
post-closure plan must include, but need not be limited
to, the following:
(1) Monitoring activities and frequencies as specified in
Subpart F for the post-closure period; and
(2) Maintenance activities and frequencies for monitoring
equipment specified in §261.91 and for any security
equipment specified by the Regional Administrator in
§261.117(b).
Comment: The post-closure plan must be submitted to the
Regional Administrator with Part B of the application for a
permit under Part 122, Subparts A and B. This plan will be
modified and/or approved by the Regional Administrator during
the permitting process and incorporated into the conditions of
the permit.
(b) At any time during the active life of the facility or dur-
ing the post-closure care period, the owner/operator may
submit an amended post-closure plan to the Regional Admin-
istrator for approval.
Comment: Additionally, an up-to-date post-closure plan must be
submitted to the Regional Administrator any time the Agency
formally reviews a permit, including those times when a permit
modification is sought.
264.119 Notice to Local Land Authority
Within 90 days after closure is completed, the owner/operator of
a disposal facility must submit to the local land authority and the
Regional Administrator a survey plan indicating the location and
dimensions of landfill cells, trenches, or other disposal areas, with
respect to permanently surveyed benchmarks. This plan must be
N-130
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prepared and certified by a registered professional land surveyor.
The plan filed with the local land authority must contain a note,
prominently displayed, advising of the owner's/operator's obligation
to restrict disturbance of the site as specified in §264.117(c). Ad-
ditionally, the owner/operator must submit to the Regional Adminis-
trator and local land authority a record of the type, location, and
quantity of hazardous wastes disposed of within each cell, trench, or
area of the facility.
264.120 Notice in Deed to Property
The owner of the property on which a disposal facility is loca-
ted must record a notation on the deed to the property or, in accord-
ance with State law, on any other such instrument which is normally
examined during title search, that will in perpetuity notify any
potential purchaser of the property that the land has been used to
manage hazardous waste, and of the use restriction of §264.117(c).
Comment: When applying for a permit under Part 122, Subparts A
and B, an owner/operator of a disposal facility must submit
evidence of compliance with this section.
SUBPARTS H, I, J, K, L, M, N, AND 0 [Reserved]
264.121 - 264.999 [Reserved]
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APPENDIX I
RECORDKEEPING INSTRUCTIONS
The recordkeeping provisions of §265.73 specify that an owner/
operator of a facility must keep an operating record. This appendix
provides additional instructions as to the manner in which portions
of the operating record are to be kept. See §265.73(b) for addi-
tional recordkeeping requirements.
The following information must be recorded, as it becomes avail-
able, and maintained in the operating record until closure of the
facility in the following manner:
Records of each hazardous waste received, treated, stored, or
disposed of at the facility, which include the following:
(1) If the waste is listed in §261.—, a description by its EPA
hazardous waste list number. If the waste is not listed in
§261.—, a description by its EPA hazardous waste charac-
teristic^) number as defined in §261.—, its common name,
and the process that produced it (for example, filter cake
from production of ).
Each hazardous waste listed in §261.—, and each hazardous
waste characteristic or combination of characteristics
defined in §261.—, has a unique four-digit number assigned
to it. This number must be used for recordkeeping and
reporting purposes.
The waste description must also include the waste's physi-
cal form, i.e., liquid, sludge, solid, or contained gas.
(2) The estimated or manifest-reported weight, or volume and
density, where applicable, in one of the units of measure
specified in Table 1; and
(3) The method(s) (by handling code(s) as specified in Table 2)
and date(s) of treatment, storage, and/or disposal.
N-132
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TABLE 1
Symbol*
P
T
G
Y
K
M
L
C
Density
—
—
P/G
T/Y
—
—
K/L
M/C
Unit of Measure
Pounds
Short Tons
Gallons
Cubic Yards
Kilograms
Tonnes
Liters
Cubic Meters
*Single digit symbols are used here for data processing purposes.
N-133
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TABLE 2
HANDLING CODES FOR TREATMENT. STORAGE. AND DISPOSAL METHODS
Enter the handling code(s) listed below that most closely repre-
sents the technique(s) used at the facility to treat, store, or dis-
pose of each quantity of hazardous waste received.
1: Storage
SOI Container (barrel, drum, etc.)
SO2 Tank
S03 Waste pile
S04 Surface impoundment
305 Other (specify)
2. Treatment
(a) Thermal Treatment
T06 Pyrolysis
T07 Rotary kiln incinerator
T08 Fluidized bed incinerator
T09 Cement kiln incinerator
T010 Multiple hearth incinerator
T011 Electrical utility boiler
T012 Liquid injection incinerator
T013 Sludge incinerator
T014 Chemical waste incinerator
T015 Process heater
T016 Lime kiln
T017 Wood waste incinerator
T018 Other (specify)
(b) Chemical Treatment
T19 Cyanide destruction
T20 Chemical oxidation
T21 Chemical precipitation
T22 Chemical reduction
T23 Neutralization
T24 Degradation
T25 Chlorination
T26 Chemical fixation
T27 Detoxification
T28 Absorption mound
T29 Absorption field
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T30 Ion exchange
T31 Other (specify)
(c) Physical Treatment
(1) Separation of Components
T32 Centrifugation
T33 Clarification
T34 Filtration
T35 Flocculation
T36 Sedimentation
T37 Decanting
T38 Coagulation
T39 Flotation
T40 Foaming
T41 Thickening
T42 Encapsulation
T43 Surface impoundment
T44 Holding tank
T45 Other (specify)
(2) Removal of Specific Components
T45 Blending
T47 Catalysis
T48 Distillation
T49 Evaporation
T50 Solvent Recovery
T51 Stripping
T52 Absorption - molecular sieve (activated carbon)
T53 Crystallization
T54 Sand filter
.T55 Dialysis
T56 Electrodialysis
T57 Leaching
T58 Reverse osmosis
T59 Other (specify)
(d) Biological Treatment
T60 Land treatment
T61 Activated sludge
T62 Aerobic lagoon
T63 Anaerobic lagoon
T64 Spray irrigation
T65 Thickening filter
T66 Waste stabilization pond
T67 Septic tank
N-.135
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T68 Aerobic tank
T69 Other (specify)
3. Disposal
D70 Chemical waste landfill
D71 Land treatment (to be closed as a landfill)
D72 Surface impoundment (to be closed as a landfill)
D73 Ocean disposal
D74 Deep well injection
D75 Other (specify)
N-136
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Appendix II
EPA Report Form
and
Instructions
N-137
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-------
DETAILED INSTRUCTIONS: HAZARDOUS WASTE MANAGEMENT REPORT
This report must be completed annually by all hazardous waste
treatment, storage, and disposal facilities in compliance with haz-
ardous waste regulations (40 CFR Part 264) under the authority of the
Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6901).
Part I
Item I. Facility ID Number
The facility identification number requested here for private,
municipal, and State-owned facilities is the Data Universal Numbering
System, or otherwise called the DUNS Number, developed by Dunn and
Bradstreet, Inc. Most business establishments in the United States
have already been assigned DUNS numbers, including all types and
sizes of business establishments, branches, factories, distribution
centers, and purchasing units. State and municipal facilities, in-
cluding publicly owned treatment works, have also been assigned DUNS
numbers.
All facilities engaged in the generation, transport, and treat-
ment, storage, and disposal of hazardous waste will be assigned a
facility identification number under the authority of Section 3010 of
RCRA as part of the Hazardous Waste Facility Notification program.
If you need to find out the DUNS number for*your business, you
can obtain this information free of charge by calling the nearest
office of Dunn and Bradstreet, Inc.
N-14Q
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For Federal facilities, the General Services Administration
(GSA) real property number should be used. All Federal facilities
have already been assigned a real property number by GSA. If you
don't know your number, call the nearest local office of GSA.
Fill in the number as follows:
o STATE CODE - In the first two positions of the number insert
the U.S. Postal Service State Code for the appropriate State
or territory in which the facility is located, such as PA,
MD, NJ, NY, OR MA;
o DUNS OR GSA Identifier and Number - In the remaining posi-
tions after the State code insert a "D" for a private, muni-
cipal, or State-owned facility followed by the nine-digit
DUNS number; OR insert a "G" for a Federally-owned facility
followed by the GSA number.
EXAMPLES.
1. Private facility PAD784621382 in Pennsylvania.
2. Federal facility NYG284370155 in New York.
3. State facility CAD362429824 in California.
Item II: RCRA Permit Number
Give the number of the presently effective RCRA permit issued to
the facility, or if you have previously filed an application but have
not yet received a permit, give the number of the application, if
any.
Item III: Reporting Period
Enter the calendar year or the closing date of the period for
which the report is made.
N-141
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Item IV: Name of Facility
The facility is the distinct activity or installation, under the
responsibility of the owner or operator, legally required to complete
and submit this report.
Name the facility as it is officially or legally referred to in
order to distinguish it from similar entities in the same geographi-
cal area. Do not use colloquial names as a substitute for the
official name.
Item V: Facility Contact
Give the name, title, and work telephone number of a person who
is thoroughly familiar with the operation of the facility and with
the facts reported and who can be contacted by reviewing offices if
necessary.
Item VI: Facility Mailing Address
Give the complete mailing address of~the facility's main office,
where correspondence should be sent. This often will not be the same
address used to designate the location of the facility or activity.
Item VII: Facility Location
Give the location of the facility identified in Item IV of this
form.
Items VIII-IX: [Reserved]
Item X: Owner Information
Under Item X-A, enter the name, as it is legally referred to, of
the person, firm, public organization, or any other entity which owns
N-142
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or is directly responsible for hazardous waste activity described in
this report. This may or may not be the same as the facility or
activity producing the waste. Do not use colloquial names as a
substitute for the official name.
Under item X-B enter the appropriate letter to indicate the type
of ownership. Indicate "public" for a facility solely owned by local
government(s) such as a city, town, county, parish, etc.
Under items C, D, E, F, and G, enter the telephone number and
address of the owner identified in item X-A.
Item XI: Comments [Reserved]
Item XII: Certification
Federal statutes provide for severe penalties for submitting
false information on this. 18 U.S.C. Section 1001 provides that
i
"Whoever, in any matter within the jurisdiction of any department or
agency of the United States knowingly and willfully falsifies, con-
ceals or covers up by any trick, scheme, or device a material fact,
or makes or uses any false writing or document knowing same to con-
tain any false, fictitious or fraudulent statement or entry, shall be
fined not more than $10,000 or imprisoned not more than five years,
or both."
In addition, Section 3008(d) of the Resource Conservation and
Recovery Act provides for a fine up to $25,000 or imprisonment up to
one year for a first conviction for making a false statement in any
report under the Act, and for double these-penalties upon subsequent
convictions.
N-143
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The facility owner/operator, or his authorized representative,
must sign and date the certification.
PART II
Item I: Facility I.D. Number
Enter the facility identification number as described under Item
I of Part I on each attached form.
Item II: Numbering of Attachments
The responsible official certifying Part I shall initial each
attached form. Each attached sheet must be numbered as the second of
two, the second, and the third of three, and so on, so all sheets are
sequentially identified.
Item III: Reporting Period
Enter the calendar year or the closing date of the period for
which the report is made.
Item IV: Waste Information
IV-A: Waste Source
Enter the generator of record for the described waste by the
.identification number and the facility legal name. Enter the identi-
fication number in the first 12 spaces as' described under Item I Part
I instructions. Enter the facility legal name in the remaining
spaces.
If more than one waste from the same generator is listed, enter
only the facility identification number for eaqh waste after the
first, under waste source.
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For international shipments, enter the name, address, and
country of origin of the generator, or the name and address of the
importer of record.
For unmanifested wastes, enter the identification number, the
legal name of the generator, and the identification number and name
of the transporter, if known.
For wastes generated and treated, stored or disposed at the site
of generation, enter the generator identification number.
IV-B:
Enter a description of each waste corresponding to the generator
or source entered in column IV-A.
Describe each waste or aggregated waste stream managed at your
facility during the reporting period by a name using the specific
i
manufacturing or other process generating the waste; the common name
of the waste; and the exact chemical or generic chemical name of the
waste, if known.
For wastes that are listed under th-e RCRA waste regulations (40
CFR 261.14), enter the listed name, abbreviated if necessary, and the
EPA waste code. (See IV-C below.)
IV-C:
Enter the four-digit EPA hazardous waste list number for listed
waste, or for the major component of a mixture of more than one
listed waste.
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For unlisted wastes, enter the four-digit EPA hazardous waste
characteristic(s) number. (See §261.—.)
IV-D:
Enter an EPA handling code for each waste. Where more than one
EPA handling code would apply, report only the code representing the
current status or final disposition of the waste at your facility.
Handling co'des are given in Table 2 of Appendix I.
IV-E: Waste Amount
Enter the waste amount, converted to metric tons, for each
waste.
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APPENDIX III
EPA INTERIM PRIMARY DRINKING WATER STANDARDS
Parameter Maximum Level
(mg/1)
Arsenic . 0.05
Barium 1.0
Cadmium 0.01
Chromium 0.05
Flouride 1.4-2.4
Lead 0.05
Mercury 0.002
Nitrate (as N) 10
Selenium 0.01
Silver 0.05
Endrin 0.0002
Lindane 0.004
Methoxychlor 0.1
Toxaphene 0.005
2, 4-D 0.1
2,4, 5-TP Silvex 0.01
Radium 5 pCi/1
Gross Alpha 15 pCi/1
Gross Beta 4 millirem/yr
Turbidity 1/TU
Coliform Bacteria 1/100 ml
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APPENDIX IV
Tests for Significance
As provided in §264.93(c), the owner/operator must use the
Student's t-test for determinationof statistically significant dif-
ferences in ground-water monitoring data. For three of the ground-
water monitoring indicator parameters (total organic carbon, total
organic halogen, and specific conductance) a single tailed Student's
t-test must be used to test for significant differences at the 0.01
level for increases over background. The difference test for pH must
be a two-tailed Student's t-test at the 0.01 level of significance.
The number of replicate measurements (i.e., number of times mea-
surements will be made on a single sample of well water) to be made
on each sample must be determined separately for each indicator.
The number of replicate measurements must, at a minimum, provide for
a 95 percent confidence interval with relative precision (i.e., the
interval length expressed as a percentage of the sample mean) equal
to or less than 10 percent. The minimum number of replicates re-
quired may be different for different parameters and measurement
techniques as a result of variability of individual measurement tech-
niques, both procedures and equipment.
Specification of a 95 percent confidence interval, precision
equal to or less than 10 percent, and testing at the 0.01 signifi-
cance level, are included to minimize the possibility of not detect-
ing significant differences.
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Methods for determining the minimum number of replicates (sample
size) for various specifications can be found in most introductory
statistics texts (such as Dixon, W.J. and F.J. Massey, 1969. "Intro-
duction to Statistical Analyses." McGraw-Hill, New York, pp. 270-
273).
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Part 265 - INTERIM STATUS STANDARDS FOR OWNERS
AND OPERATORS OF HAZARDOUS WASTE TREATMENT,
STORAGE, AND DISPOSAL FACILITIES
Subpart A - General
265.1 Purpose, Scope, and Applicability
265.2 - 265.9 [Reserved]
Subpart B - General Facility Standards
265.10 Applicability
265.11 Identification Number
265.12 Required Notices
265.13 General Waste Analysis
265.14 Security
265.15 General Inspection Requirements
265.16 Personnel Training
265.17 - 265.29 [Reserved]
Subpart C - Preparedness and Prevention
265.30 Applicability
265.31 Maintenance and Operation of Facility
265.32 Required Equipment
265.33 Testing and Maintenance of Equipment
265.34 Access to Communication or Alarm System
265.35 Required Aisle Space
265.36 Special Handling for Ignitable or Reactive Waste
265.37 Arrangements with Local Authorities
265.38 - 265.49 [Reserved] • . . . • _ .
Subpart D - Contingency Plan and Emergency Procedures
265.50 Applicability
265.51 Purpose and Implementation of Contingency Plan
265.52 Content of Contingency Plan
265.53 Copies of Contingency Plan
265.54 Amendment of Contingency Plan
265.55 Emergency Coordinator
265.56 Emergency Procedures
265.57 - 265.69 [Reserved]
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Subpart E - Manifest System, Recordkeeping, and Reporting
265.70 Applicability
265.71 Use of Manifest System
265.72 Manifest Discrepancies
265.73 Operating Record
265.74 Disposition of Records
265.75 Annual Report
265.76 Unmanifested Waste Report
265.77 Additional Reports
265.78 - 265.89 [Reserved]
Subpart F - Ground-Water Monitoring
265.90 Applicability
265.91 Ground-Water Monitoring System
265.92 Sampling and Analysis
265.9.3 Preparation, Evaluation, and Response
265.94 Recordkeeping and Reporting
265.95 - 265.109 [Reserved]
Subpart G - Closure and Post-closure
265.110 Applicability
265.111 Closure Performance Standard
265.112 Closure Plan; Amendment of Plan
265.113 Time Allowed for Closure
265.114 Disposal or Decontamination of Equipment
265.115 Certification.of Closure
265.116 [Reserved]
265.117 Post-Closure Care and Use of Property; Period of Care
265.118 Post-Closure Plan;. Amendment of Plan
265.119 Notice to Local Land Authority
265.120 Notice in Deed to Property
265.121 - 265.139 [Reserved]
Subpart H - Financial Requirements
265.140 Applicability
265.141 Cost Estimate for Facility Closure
265.142 Financial Assurance for Facility Closure
265.143 Cost Estimate for Post-Closure Monitoring and Maintenance
265.144 Financial Assurance for Post-Closure Monitoring and Mainte-
nance
265.145 - 265.148 [Reserved]
265.149 Applicability of State Financial Requirements
265.150 Transfer of Ownership
265.151 - 265.169 [Reserved]
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Subpart I - Use and Management of Containers
265.170 Applicability
265.171 Condition of Containers
265.172 Compatibility of Waste with Container
265.173 Management of Containers
265.174 Inspections
265.175 [Reserved]
265.176 Special Requirements for Ignitable or Reactive Waste
265.177 Special Requirements for Incompatible Waste
265.178 - 265.189 [Reserved]
Subpart J - Tanks
265.190 Applicability
265.191 Construction Requirements
265.192 General Operating Requirements
265.193 Waste Analysis and Trial Tests
265.194 Inspections
265.195 [Reserved]
265.196 Ground-Water Monitoring
265.197 Closure
265.198 Special Requirements for Ignitable or Reactive Waste
265.199 Special Requirements for Incompatible Waste
265.200 - 265.219 [Reserved]
Subpart K - Surface Impoundments
265.220 Availability
265.221 [Reserved]
265.222 General Operating Requirements
265.223 Containment System
265.224 [Reserved]
265.225 Waste Analysis and Trial Test
265.226 Inspections
265.227 . [Reserved]
265.228 Closure and Post-Closure
265.229 Special Requirements for Ignitable or Reactive Wastes
265.230 Special Requirements for Incompatible Wastes
265.231 - 265.249 [Reserved]
Subpart L - Waste Piles
265.250 Applicability
265.251 Protection from Wind
265.252 Waste Analysis
265.253 Containment
265.254 [Reserved]
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265.255 Special Requirements for Ignitable Waste
265.256 Special Requirements for Reactive Waste
265.257 Special Requirements for Incompatible Wastes
265.258 - 265.269 [Reserved]
Subpart M - Land Treatment
265.270 Applicability
265.271 [Reserved]
265.272 General Operating Requirements
265.273 Waste Analysis
265.274 [Reserved]
265.275 [Reserved]
265.276 Food Chain Crops
265.277 [Reserved]
265.278 Zone of Aeration Monitoring
265.279 Recordkeeping
265.280 Closure and Post-Closure
265.281 Special Requirements for Ignitable or Reactive Waste
265.282 Special Requirements for Incompatible Wastes
265.283 - 265.299 [Reserved]
Subpart N - Landfills
265.300 Applicability
265.301 [Reserved]
265.302 General Operating Requirements
265.303 Waste Analysis
265.304 - 265.308 [Reserved]
265.309 Surveying and Recordkeeping
265.310 Closure
265.'311 Post-Closure Care
265.312 Special Requirements for Ignitable or Reactive Waste
265.313 Special Requirements for Incompatible Wastes
265.314 Special Requirements for Liquid Waste
265.315 - 265.339 [Reserved]
Subpart 0 - Incinerators
265.340 Applicability
265.341 [Reserved]
265.342 [Reserved]
265.343 General Operating Requirements
265.344 [Reserved]
265.345 Waste Analysis
265.346 [Reserved]
265.347 Monitoring and Inspections
265.348 - 265.350 [Reserved]
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265.351 Closure
265.352 Open Burning; Explosive Waste
265.353 - 265.999 [Reserved]
Appendix I - Recordkeeping Instructions
Appendix II - EPA Report Form and Instructions
Appendix III - EPA Interim Primary Drinking Water Standards
Appendix IV - Tests for Significance
Appendix V - Examples of Potentially Incompatible Waste
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SUBPART A - GENERAL
265.1 Purpose, Scope, and Applicability
(a) The purpose of this Part is to establish minimum national
standards which define the acceptable management of hazard-
ous waste during the period of interim status. These
standards apply to owners and operators of facilities which
treat, store, and dispose of hazardous waste who have fully
complied with the requirements for interim status under
Section 3005(e) of RCRA and the regulations under 40 CFR
Part 122.23(a), but who have not had final administrative
disposition of their permit application made. These stand-
ards apply to all activities affecting any hazardous waste
handled at such facilities after the effective date of
these regulations.
Comment: As stated in Section 3005(a) of RCRA, upon and after
the effective date of regulations under that Section, i.e., 40
CFR Part 122 regulations, the treatment, storage, and disposal
of hazardous waste is prohibited except in accordance with a
permit. Section 3005(e) provides for the continued operation of
an existing facility which meets certain conditions until final
administrative disposition of the owner's/operator's permit
application is made.
(b) The requirements of this Part do not apply to the
following:
(1) Disposing of hazardous waste by means of underground
injection, under Safe Drinking Water Act (SDWA)
regulations (except that these Part 265 regulations do
apply to the aboveground treatment and/or storage of
hazardous waste before it is injected underground);
(2) Disposing of hazardous waste by means of ocean dispo-
sal under Marine Protection, Research, and Sanctuaries
Act (MPRSA) regulations (except that these Part 265
regulations do apply to the treatment and/or storage
of hazardous waste before it is loaded onto an ocean
vessel to be incinerated or disposed at sea); and
(3) Treating, storing, and/or disposing of any of the
wastes specified in §261.4.
(c) An owner/operator of a publicly owned treatment works
(POTW) that receives hazardous waste by truck or rail is
exempt from all requirements of this Part, except the
requirements of §§265.71, 265.72, 265.75, and 265.76.
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265.2 - 265.9 [Reserved]
SUBPART B - GENERAL FACILITY STANDARDS
265.10 Applicability
The regulations in this Subpart apply to the owners/operators of
all hazardous waste management facilities, except as provided other-
wise in §265.1.
265.11 Identification Number
Every facility owner/operator must apply to EPA for an identifi-
cation number in accordance with the EPA notification procedures
(—FR ), except as provided otherwise in §265.l(b).
265.12 Required Notices
(a) An owner/operator of a facility that has arranged to
receive hazardous waste from foreign sources must notify
the Regional Administrator in writing at least two weeks in
advance of the expected date of arrival of these shipments
at the facility.
(b) Before transferring .ownership or operation of a facility
during its operating life, or a disposal facility during
the post-closure care period, the owner or operator must
notify the new owner or operator in writing of the.
requirements of this Part. (Also see §265.150.)
265.13 General Waste Analysis
(a)(l) Before an owner/operator manages any hazardous waste,
he must obtain a detailed chemical and physical
analysis of the waste. At a minimum, this analysis
must contain all the information which must be known
in order to treat, store, or dispose of the waste in
accordance with the requirements of this Part.
(2) The analysis may include data developed pursuant to
Part 261, and existing data on the waste which is
published or documented (e.g., the facility's records
of analyses performed on the waste prior to the ef-
fective date of the regulations, or studies conducted
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on waste generated from processes similar to that
which generated the waste to be managed at the facil-
ity, etc.).
(3) The analysis must be conducted in accordance with, and
repeated at the frequency specified in, the waste an-
alysis plan required in paragraph (b) below. At a
minimum, the analysis must be repeated when the
owner/operator is notified, or has reason to believe,
that the process or operation generating the waste has
changed, and, for off-site facilities, when the re-
sults of the tests required in paragraph (a)(4) below
indicate that the composition or the characteristics
of the waste received at the facility do not match the
waste designated on the accompanying manifest.
(4) For off-site facilities, owners/operators must deter-
mine whether the waste shipments received at the
facility match the identity of the waste specified on
the accompanying manifest.
Comment: The owner/operator of an off-site facility may make
an arrangement with the generator of the waste to supply part of
the required information. If the generator does not supply the
information, and the owner/operator chooses to accept a waste,
he is responsible for obtaining the information required to
comply with this section.
(b) Owners/operators must develop a waste analysis plan which
describes the procedures which the owner/operator will
carry out to comply with paragraph (a). At a minimum, the
plan must specify the following:
(1) The parameters for which each waste will be analyzed
and the rationale for the selection of these para-
meters (i.e., how analysis for these parameters will
provide sufficient information on the waste's
properties to comply with paragraph (a));
(2) The test methods which will be used to test for these
parameters;
(3) The sampling methodology which will be used to obtain
a representative sample of the waste to be analyzed
(see Appendix I of Part 261 for EPA-approved sampling
methods);
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(4) The frequency at which the initial analysis of the
waste will be reviewed and/or repeated to ensure that
the analysis is accurate and up to date;
(5) For off-site facilities, the waste analyses that waste
generators have agreed to supply; and
(6) Where applicable, the methods which will be used to
meet the additional waste analysis requirements for
specific waste management methods as specified in
§§265.193, 165.225, 265.252, 265.273, 265.303, and
265.345.
(c) For off-site facilities, the waste analysis plan required
in paragraph (b) must also specify the procedures which
will be implemented to ensure that the shipments of waste
received at the facility match the identity of the waste
designated on the accompanying manifest. At a minimum, the
plan must describe the following:
(1) The tests which will be used to determine the identity
of each shipment of waste managed at the facility; and
(2) The sampling methodology which will be used to obtain
a representative sample of the waste to be identified.
265.14 Security
(a) A facility owner/operator must prevent the unknowing entry,
and minimize the possibility of the unauthorized entry, of
persons or livestock onto the active portion of his
facility, unless:
(1) Physical contact with the waste, structures, or
equipment within the active portion of the facility
will not injure unknowing and/or unauthorized persons
or livestock which may enter the active portion of a
facility, and
(2) Disturbance of the waste or equipment, by the
unknowing and/or unauthorized entry of persons or
livestock onto the active portion of a facility, will
not endanger human health or the environment.
(b) To ensure compliance with paragraph (a), facilities must
have:
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(1) A 24-hour surveillance system (e.g., television moni-
toring of the active portion and/or surveillance of
the active portion by guards or facility personnel)
which continuously monitors and controls entry onto
the active portion of the facility; or
(2) (i) An artificial and/or natural barrier (e.g., a
fence in good repair and/or a cliff), which com-
pletely surrounds the active portion of the
facility; and
(ii) A means to control entry through the gates or
other entrances to the active portion of the
facility (e.g., an attendant, television moni-
tors, locked entrance, controlled roadway access
to the facility) both during the facility's
operating hours and when the facility is unat-
tended.
The requirements of paragraph (b) are satisfied if the
facility or plant within which the active portion is
located itself has a surveillance system or a barrier and a
means to control entry which complies with the requirements
of paragraph (b)(l) or (2).
(c) To ensure compliance with paragraph (a), a sign with the
following legend, "Warning - Unauthorized Personnel Keep
Out," must be posted at each entrance to the active portion
of a facility and in sufficient numbers' to be seen from any
approach to the active portion of a facility. The legend
must be written in English and in any other language predo-
minant in the area surrounding the'facility (e.g.,- facili-
ties in counties bordering the Canadian province of Quebec
must post signs in French; facilities in counties bordering
Mexico must post signs in Spanish), and must be legible
from a distance of at least twenty-five feet. Existing
signs with a legend other than "Warning - Unauthorized
Personnel Keep Out" may be used if the legend on the sign
indicates that only authorized personnel are allowed to
enter the active portion, and that entry onto the active
portion is potentially dangerous.
Comment: Owners/operators are encouraged to also describe on
the sign the type of hazard (e.g., hazardous waste, flammable
waste, etc.) contained within the active portion of the
facility.
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Comment: See §265.117(b) for discussion of security require-
ments at disposal facilities during the post-closure care
period.
265.15 General Inspection Requirements
(a) Facility owners/operators must inspect facilities for
equipment malfunctions and deterioration, operator errors,
and spills which may be causing or may lead to release of
hazardous constituents to the environment or pose a threat
to human health outside the facility. These inspections
must be conducted frequently enough to identify problems in
time to take corrective action before they harm human
health or the environment.
(b) Facility owners/operators must develop and implement a
schedule for inspecting all monitoring equipment, safety
and emergency equipment, security devices, and operating
and structural equipment (such as dikes and sump pumps)
that are important to preventing, detecting, or responding
to environmental or human health hazards. The schedule
must identify the types of problems (i.e., malfunctions or
deterioration) which are to be looked for during the
inspection (for example, inoperative sump pump, leaking
fitting, eroding dike, etc.). The frequency of inspection
may vary for the items on the schedule, but should be based
on the owner's/operator's perception of the rate of
possible deterioration of the equipment and the probability
of an environmental or human health incident if the deteri-
oration or malfunction goes undetected between inspections.
Areas subject to spills, such as loading and unloading
areas,.must be inspected daily when in use. At a minimum,
the inspection schedule must include the items and fre-
quencies called for in §§265.174, 265.194, 265.226, and
265.347.
(c) The owner/operator must make any repairs, or take other
remedial action, on a time schedule which ensures that any
deterioration or malfunction discovered does not lead to an
environmental or human health hazard. Where an incident is
imminent or has already occurred, remedial action must be
taken immediately.
(d) The owner/operator must keep records of inspections in an
inspection log or summary. These records must be retained
for at least three years. At a minimum, these records must
include the date and time of the inspection, the name of
the inspector, a notation of the observations made, and the
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date and nature of any repairs made or remedial actions
taken.
265.16 Personnel Training
(a)(l) Facility personnel must successfully complete a program
of instruction and/or on-the-job training that teaches
them to perform their duties in a way that ensures the
facility's compliance with the requirements of this
Part and that includes all the elements described in
paragraph (a)(3) below.
(2) This program must be directed by a person trained in
hazardous waste management procedures, and must include
instruction, supplementing the facility personnel's
existing job knowledge, which teaches facility person-
nel hazardous waste management procedures (including
contingency plan implementation) relevant to the posi-
tions in which they are employed.
(3) At a minimum, the training program must be designed to
ensure that facility personnel are able to respond
effectively to emergencies by familiarizing them with
emergency procedures, emergency equipment, and emergen-
cy systems, including, but not necessarily limited to,
the following, where applicable:
(i) Procedures for inspection, repair, and replacement
of facility emergency and monitoring equipment;
(ii) Key parameters for automatic waste feed cutoff
systems;
(iii) Communications and/or alarm systems;
(iv) Response to fires or explosions;
(v) Response to ground-water contamination incidents;
and
(vi) Shutdown of operations.
(b) Facility personnel must successfully complete the program
required in paragraph (a) within six months after the
effective date of employment or assignment to a facility or
a new position at a facility, whichever is later. New
employees must not work in unsupervised positions until
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they have completed the training requirements of paragraph
(a).
(c) Facility personnel must take part in an annual review of
their initial training in both contingency procedures and
the hazardous waste management procedures relevant to the
positions in which they are employed.
(d) Owners/operators of facilities must maintain the following
documents and records and make them available to the
Regional Administrator upon request:
(1) The job title for each position at the facility
related to hazardous waste management, and the name of
the employee filling each job;
(2) A written job description for each position listed
under paragraph (d)(l). This description may be
consistent in its degree of specificity with descrip-
tions for other similar positions in the same company
location or bargaining unit, but must include the
requisite skill, education, or other qualifications,
and duties of facility personnel assigned to each
position;
(3) A written description of the type and amount of both
introductory and continuing training that will be
given to each person filling a position listed under
paragraph (d)(l);
(4) Records that document that the training or job experi-
ence required under paragraphs (a), (b), and (c) has
been given to, and completed by, facility personnel.
(e) Training records on current personnel must be maintained
until closure of the facility; training records on former
personnel must be maintained for at least three years.
Personnel training records may accompany personnel
transferred within the same company.
265.17 - 265.29 [Reserved]
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SUBPART C - PREPAREDNESS AND PREVENTION
265.30 Applicability
The regulations in this Subpart apply to the owners/operators of
all hazardous waste management facilities, except as provided other-
wise in §265.1.
265.31 Maintenance and Operation of Facility
Facilities must be maintained and operated so that the
possibility of a discharge, fire, or explosion which could threaten
the environment or human health outside the facility is minimized.
265.32 Required Equipment
All facilities must be equipped with the following, unless there
are no hazards at the facility which could require a particular kind
of equipment specified below:
(a) An internal communications or alarm system capable of
providing immediate emergency instruction (voice or signal)
to facility employees;
(b) A device capable of summoning external emergency assistance
from local police departments, fire departments, or State
or local emergency response teams, such as a telephone
(immediately available at the scene of operations) or a
hand-held two-way radio;
(c) Portable fire extinguishers, fire control equipment
(including special extinguishing equipment, such as that
using foam, inert gas, or dry chemicals), spill control
equipment, and decontamination equipment; and
(d) Water at adequate volume and pressure to supply water hose
streams, or foam producing equipment, or automatic
sprinklers, or water spray systems.
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265.33 Testing and Maintenance of Equipment
All facility communications or alarm systems, fire protection
equipment, spill control equipment, and decontamination equipment,
where required, must be tested and maintained as necessary to assure
its proper operation in time of emergency.
265.34 Access to Communication or Alarm System
(a) Whenever hazardous waste is being poured, mixed, spread, or
otherwise handled, all employees involved in the operation
must have immediate access to an internal alarm or
emergency communication device, either directly or through
visual or voice contact with another employee, unless such
a device is not required under §265.32 above.
(b) If there is ever just one employee on the premises while
the facility is operating, he must have immediate access to
a device capable of summoning external emergency
assistance, such as a telephone (immediately available at
the scene of operation), or a hand-held two-way radio,
unless such a device is not required under §265.32 above.
265.35 Required Aisle Space
The facility owner/operator must maintain aisle space to allow
the unobstructed movement of personnel, fire protection equipment,
spill control equipment, and decontamination equipment to any area of
facility operation in an emergency, unless aisle space is not needed
for any of these purposes.
265.36 Special Handling for Ignitable or Reactive Waste
The facility owner/operator must take precautions to prevent
accidential ignition or reaction of ignitable or reactive waste.
This waste must be separated and protected from sources of ignition
or reaction including but not limited to: open flames, smoking,
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cutting and welding, hot surfaces, frictional heat, sparks (static,
electrical, or mechanical), spontaneous ignition (e.g., from heat-
producing chemical reactions), and radiant heat. While ignitable or
reactive waste is being handled, the facility owner/operator must
confine smoking and open flame to specially designated locations.
"No Smoking" signs must be conspicuously posted wherever there is
normally a hazard from ignitable or reactive waste.
265.37 Arrangements with Local Authorities
[Analogue to §265.52(b) to be added here]
265.38 - 265.49 [Reserved]
SUBPART D - CONTINGENCY PLAN AND EMERGENCY PROCEDURES
265.50 Applicability
The regulations in this Subpart apply to the owners/operators of
all hazardous waste management facilities, except as provided other-
wise in §265.1.
265.51 Purpose and Implementation of Contingency Plan
(a) The owner/operator must develop a contingency plan for each
facility designed to minimize human health and environmen-
tal damage in the event of an unplanned sudden or
non-sudden discharge of hazardous waste to air, soil, or
surface water.
(b) The provisions of the plan must be implemented immediately
whenever there is a discharge of hazardous waste which
could threaten the environment or human health outside the
facility.
265.52 Content of Contingency Plan
(a) The plan must include provisions for controlling spills.
If a facility owner/operator already has prepared a Spill
Prevention, Control, and Countermeasures (SPCC) Plan in
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accordance with 40 CFR 112 and/or 40 CFR 151, or some other
emergency or contingency plan, he need only amend that plan
to incorporate hazardous waste management provisions
sufficient to comply with the requirement of this Part.
(b) This plan must describe arrangements agreed to by local
police departments, fire departments, hospitals, contrac-
tors, and State and local emergency response teams to
coordinate emergency services, where these arrangements are
appropriate for the type of waste handled at the facility
or the potential need for the services of these organiza-
tions. Facility owners/operators must attempt to make the
following arrangements, as appropriate, to the types of
waste handled at their facility. Where State or local
authorities decline to enter into such arrangements, the
facility owner/operator must document the refusal in
writing.
(1) Arrangements to familiarize police, fire departments,
and emergency response teams with the layout of the
facility, properties of hazardous waste handled at the
facility and associated hazards, places where facility
personnel would normally be working, entrances to and
roads inside the facility, and possible evacuation
routes;
(2) In the event that more than one police and fire
department might respond to an emergency, agreements
designating primary emergency authority to a specific
police and a specific fire department, and agreements
with any others to provide support to the primary
emergency authority; and
(3) Agreements with State emergency response teams,
emergency response contractors, and equipment
suppliers.
(c) The plan must list names, addresses, and phone numbers
(office and home) of all persons qualified to act as
facility emergency coordinator (see §265.55), and this list
must be kept up to date. Where more than one person is
listed, one must be named as primary emergency coordinator
and others must be listed in the order in which they will
assume responsibility as alternates.
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(d) The plan must include a list of all emergency equipment at
the facility (such as fire extinguishing systems, spill
control equipment, alarms (internal and external), and
decontamination equipment), where this equipment is
required. This list must be kept up to date. In addition,
the plan must include the location and physical description
of each item on the list, and a brief outline of its capa-
bilities.
(e) The plan must include an evacuation plan for facility
personnel where there is a possibility that evacuation
could be necessary. This plan must outline signal(s) to be
used to begin evacuation, evacuation routes, and alternate
evacuation routes (in cases where the primary routes could
be blocked by discharges of hazardous waste or fires).
265.53 Copies of Contingency Plan
A copy of the contingency plan and all revisions to the plan
must be:
(a) Maintained at the facility;
(b) Made available to the Regional Administrator upon request;
and
(c) Submitted to all local police departments, fire
departments, hospitals, and State and local emergency
response teams that may be called upon to provide emergency
services.
265.54 Amendment of Contingency Plan
The contingency plan must be reviewed, and immediately amended,
if necessary, under any of the following circumstances:
(a) Revisions to applicable regulations;
(b) Failure of the plan in an emergency;
(c) Changes in the facility design, construction, operation,
maintenance or other circumstances that materially increase
the potential for discharges of hazardous waste or changes
the response necessary in an emergency;
(d) Changes in the list of emergency coordinators; or
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(e) Changes in the list of emergency equipment.
265.55 Emergency Coordinator
Whenever the facility is in operation, there must be at least
one employee either present or on call (i.e., available to respond
even though not on the facility premises) with the responsibility for
coordinating all emergency response measures. This facility emergen-
cy coordinator must be thoroughly familiar with all aspects of the
facility's contingency plan, all operations and activities at the
facility, the location and characteristics of waste handled, the
location of manifests within the facility, if applicable, and the
facility layout. In addition, this person must have the authority to
commit the resources needed to implement the contingency plan.
Comment: The emergency coordinator's responsibilities are more
fully spelled out in §265.56 below. Applicable responsibilities
for the emergency coordinator vary, depending on factors such as
type and variety of waste(s) handled by the facility, and type
and complexity of the facility.
265.56 Emergency Procedures
(a) The facility's emergency coordinator (or his desi'gnee when
the emergency coordinator is on call) must immediately:
(1) Activate internal facility alarms or communication
systems, where applicable, to notify all facility
personnel of any imminent of actual emergency situa-
tion; and
(2) Notify appropriate State or local agencies with desig-
nated response roles whenever their assistance is
needed.
(b) In the event of a discharge, fire, or explosion, the facil-
ity's emergency coordinator must immediately identify the
character, exact source, amount, and areal extent of any
discharged materials. He may do this by observation and/or
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review of facility records or manifests and, if necessary,
by chemical analysis,
(c) The facility's emergency coordinator must immediately
assess possible hazards to the environment and human health
outside the facility that may result from a discharge,
fire, or explosion. This assessment must consider both
direct and indirect effects of the discharge, fire, or
explosion (e.g., the effects of any toxic, irritating, or
asphyxiating gases that are generated, or the effects of
any hazardous surface water runoff from water or chemical
agents used to control fire and heat-induced explosions).
(d) The facility's emergency coordinator must immediately
report his assessment that the facility has had a dis-
charge, fire, or explosion which could threaten the envi-
ronment or human health outside the facility, as follows:
(1) If his assessment indicates that evacuation of local
areas may be advisable, he must immediately notify
appropriate local authorities. He must be available
to assist appropriate officials in making the decision
whether local areas should be evacuated;
(2) He must immediately notify either the government offi-
cial designated as the on-scene coordinator for that
geographical area (in the applicable regional contin-
gency plan under 40 CFR 1510), or the National
Response Center (using their 24-hour toll free number
800/424-8802). The report must include:
.(i) Name and telephone number of reporter;
(ii) Name and address of facility;
(iii) Time and type of incident (e.g., discharge,
fire);
(iv) Name and quantity of material(s) involved, to the
extent available; and
(v) The extent of injuries, if any.
(e) During an emergency, the facility's emergency coordinator
must take all reasonable measures necessary to ensure that
fires and explosions do not occur, recur, or spread to
other hazardous waste at the facility. These measures must
include, where applicable, stopping processes and
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operations, collecting and containing discharged waste, and
removing or isolating containers.
(f) If the facility stops operations in response to a dis-
charge, fire, or explosion, the facility's emergency coor-
dinator must monitor for leaks, pressure buildup, gas
generation, or ruptures in valves, pipes, or other equip-
ment, wherever this is appropriate.
(g) Immediately after an emergency, the facility's emergency
coordinator must provide for treating, storing, or dispos-
ing of recovered waste, contaminated soil or surface water,
or any other material that results from a discharge, fire,
or explosion at the facility. The recovered material must
be handled as a hazardous waste unless it is analyzed and
determined not to be, using the procedures specified in
Part 261. .
(h) The facility's emergency coordinator must ensure that, in
the affected area(s) of the facility:
(1) No waste that may be incompatible with the released
materials is treated, stored, or disposed of until
cleanup procedures are completed; and
(2) All emergency equipment listed in the contingency plan
is cleaned and fit for its intended use before opera-
tions are resumed.
(i) The facility owner/operator must notify the
Regional Administrator, and appropriate State and
local authorities, that the facility is in com-
pliance with paragraph (h) before operations are
resumed in the affected area(s) of the facility.
(j) The facility owner/operator must record the time, date, and
nature of any emergency. Within 15 days after the emergen-
cy, he must submit a written report on the emergency to the
Regional Administrator. The report must include:
(1) Name, address, and telephone number of the owner/
operator;
(2) Name, address, and telephone number of the facility;
(3) Date, time, and type of incident (e.g., fire, dis-
charge) ;
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(4) Name and quantity of material(s) involved;
(5) The extent of injuries, if any;
(6) An assessment of possible hazards to the environment
and human health outside the facility, where this is
applicable; and
(7) Estimated quantity and disposition of recovered
material that results from the incident.
265.56 - 265.69 [Reserved]
SUBPART E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING
265.70 Applicability
The regulations in this Subpart apply to owners and operators of
both on-site and off-site facilities, except as provided otherwise in
§265.1; Sections 265.71, 265.72, and 265.76 do not apply to owners
and operators of on-site facilities that do not receive any hazardous
waste from off-site sources.
265.71 Use of Manifest System
An owner/operator, or his agent, of a facility that receives
hazardous waste accompanied by a manifest must:
(a) Sign and date each copy of the manifest to certify that the
movement covered by the manifest has been received.
(b) Where he discovers significant discrepancies in the move-
ment (as defined in §265.72), note them in the comment
section of each copy of the manifest (see §265.13(a) for
waste analysis requirement).
(c) Immediately provide the transporter with at least one copy
of the manifest.
(d) Within 30 days of the delivery, forward the manifest to the
generator.
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(e) Retain for at least three years a copy of each manifest
with the certifications of the generator, transporter(s),
and owner/operator of the facility, or their agents.
265.72 Manifest Discrepancies
(a) Manifest discrepancies are differences between the quantity
and/or type of hazardous waste designated on the manifest,
and the quantity and/or type of hazardous waste actually
received. Significant discrepancies in quantity are varia-
tions greater than 10 percent of the shipment in weight;
for batch shipments, zero variation. Significant discrepan-
cies in type are obvious differences which can be discov-
ered by inspection of waste analysis, such as waste solvent
substituted for waste acid, or when someone includes toxic
constituents not reported on the manifest.
(b) Upon discovery of a significant discrepancy in a manifest,
the owner/operator must attempt to reconcile the discrepan-
cy by telephone conversations with the waste generator
and/or transporter(s), or by other means. If the discre-
pancy is not resolved within 15 days of receipt of the
waste, the owner/operator must immediately submit a letter
report, including a copy of the manifest at issue, to the
Regional Administrator.
265.73 Operating Record
(a)~ An owner/operator of a facility must keep an operating
record. This record must be open at all reasonable times
for inspection by any duly authorized employee or agent of
EPA. . . . .
(b) The following information must be recorded, as it becomes
available, and maintained in the operating record until
closure of the facility.
(1) A description and the quantity of each hazardous waste
received, and the method(s) and date(s) of its treat-
ment, storage, and/or disposal at the facility (see
Appendix I for further instructions);
(2) The location and quantity of each hazardous waste
within the facility. For disposal facilities, the
location and quantity of each hazardous waste must be
recorded on a map or diagram of each cell, trench, or
disposal area (see §§265.119 and 265.309). All the
above information must include cross-references to
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specific manifest document numbers, if the waste was
accompanied by a manifest;
(3) Records and results of waste analyses and trial tests
performed as specified in §§265.13, 265.193, 265.225,
265.252, 265.273, 265.303, and 265.345;
(4) Summary reports and records of all incidents that
require implementing the contingency plan as specified
in §265.56(j);
(5) Records and results of inspections as required by
§265.15(d) (except these data need be kept only three
years); and
(6) Monitoring data where required by §§265.90, 265.276,
265.278, and 265.280.
Comment: Monitoring data at disposal facilities also must be
kept throughout the post-closure period. See §265.94(a).
265.74 Disposition of Records
Records of waste disposal locations required to be maintained
under §265.73(b)(2) must be turned over to the Regional Administrator
and local land authority upon closure of the facility (see §265.119).
265.75 Annual Report
Owners/operators of facilities that treat, store, or dispose of
hazardous waste must prepare and submit a single copy of an annual
report to the Regional Administrator by March 1 of each year. The
annual report must cover facility activities during the previous cal-
endar year and must include the following information (see Appendix
II for the report form):
(a) The EPA identification number, name, and address of the
facility;
(b) The calendar year covered by the report;
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(c) For off-site facilities, the identification number of each
hazardous waste generator from which a hazardous waste was
received during the year; for international shipments, the
name and address of the foreign generator must be given;
(d) A description and the quantity of each hazardous waste
received by the facility during the year. For off-site
facilities, this information must be listed by identifica-
tion number of each generator;
(e) The method(s) of treatment, storage, or disposal for each
hazardous waste;
(f) Monitoring data, where required under §265.94(b)(2) and
(3); and
(g) A certification signed by the owner/operator of the facil-
ity or his authorized representative.
265.76 Unmanifested Waste Report
If a facility accepts for treatment, storage, or disposal any
hazardous waste from off-site sources without an accompanying mani-
fest (except for shipments that do not require a manifest because of
the exclusions in §261.4), the owner/operator must prepare and submit
a single copy of a report to the Regional Administrator within 15
days of the receipt of the waste. The report must include the fol-
lowing information, if available (see Appendix II for the report
form):
(a) The EPA identification number, name, and address of the
facility;
(b) The date of receipt of the waste;
(c) The word "unmanifested" under the comments section (or
check appropriate box) of the report form;
(d) The identification number, name, and address of the genera-
tor, or else the transporter;
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(e) A description and the quantity of each unmanifested hazard-
ous waste received by the facility;
(f) The method(s) of treatment, storage, or disposal for each
hazardous waste;
(g) A certification signed by the owner/operator of the facil-
ity or his authorized representative; and
(h) A brief explanation of why the shipment was unmanifested,
in the comments section of the report form.
265.77 Additional Reports
In addition to the annual and unmanifested waste reporting
requirements described in §§265.75 and 265.76, a facility owner/
operator must also report to the Regional Administrator:
(a) Discharges, fires, and explosions as specified in
§265.56(j);
(b) Ground-water contamination and monitoring data as specified
in §§265.93 and 265.94;
(c) Before facility closure as specified in §265.115; and
(d) Upon his request, such information as the Regional Adminis-
trator may deem necessary to determine compliance with the
requirements of this Part.
265.78 - 265.89 [Reserved]
SUBPART F - GROUND-WATER MONITORING
265.90 Applicability
(a) An owner/operator of a surface impoundment, landfill, or
land treatment facility must, within one year of the effec-
tive date of these regulations, install, maintain, and
operate a ground-water monitoring system as specified in
this Subpart, and must comply with the sampling, analysis,
recordkeeping, and reporting requirements of this Subpart.
However, a lesser degree of ground-water monitoring (or no
monitoring) may be acceptable if the owner/operator has
available for submission, at any time the Regional Adminis-
trator so requests, a demonstration that there is a low (or
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no) potential for migration of hazardous waste constituents
to an Underground Source of Drinking Water (USDW), to water
supply wells, or to surface water via the uppermost aqui-
fer, during the active facility life and post-closure care
period. This demonstration must be certified by a quali-
fied geologist or geotechnical engineer and must address
the following:
(1) Whether or not the uppermost aquifer is a USDW and, if
not, whether there is a potential for migration via
the uppermost aquifer to a USDW or surface water;
(2) A thorough hydrogeologic investigation based on, but
not limited to, evaluations of logs of test borings
made by a geologist present during drilling, which
establishes:
(i) Unsaturated zone characteristics (i.e., geologic
materials, physical properties, and depth to
ground water); and
(ii) Saturated zone characteristics (i.e., geologic
materials, physical properties, and rate of
ground-water flow);
(3) A water balance of precipitation, evapotranspiration,
runoff, and infiltration; and
(4) Proximity to water supply wells and use of water.
(b) An owner/operator of a tank may be required by the Regional
Administrator to comply with all or part of the ground-
water monitoring requirements of this Subpart if the
Regional Administrator determines that there is a high
potential for discharge of hazardous waste constituents to
ground water. The Regional Administrator will use the
following criteria in making this determination:
(1) The ability of the owner/operator to detect leakage by
visual inspection;
(2) The permeability of the underlying continuous base, if
there is one; and
(3) The ability of the tank to contain the waste.
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265.91 Ground-Water Monitoring System
(a) A ground-water monitoring system must be capable of yield-
ing ground-water samples for analysis and must consist of:
(1) Enough monitoring wells (no less than one) located
hydraulically upgradient from the limit of the waste
management area and installed so as to yield ground-
water samples that are:
(i) representative of uncontaminated, background
ground-water quality; and
(ii) not contaminated by the facility; and
(2) Enough monitoring wells (no less than three) installed
hydraulically downgradient at the limit of the waste
management area so that their number, locations, and .
depths will ensure that any hazardous waste constitu-
ent will be detected upon migration from the waste
management, area.
(b) All monitoring wells must be cased to enable sample collec-
tion at depths where appropriate aquifer flow zones exist,
and must be screened or perforated and packed with gravel
or sand at these depths, where necessary. The annular
space above the sampling depth must be sealed with a suit-
able material (e.g., cement grout or bentonite slurry) to
prevent contamination of samples and the ground water.
265.92 Sampling and Analysis
(a) The owner/operator must analyze samples from the installed
ground-water monitoring system. Ground-water sampling and
analysis procedures must be established and must include
techniques for:
(1) Sample collection,
(2) Sample preservation and shipment,
(3) Analytical procedures, and
(4) Chain of custody control.
Comment: See "Procedures Manual For Ground-water Monitoring At
Solid Waste Disposal Facilities," EPA-530/SW-611, August 1977,
and "Methods for Chemical Analysis of Water and Wastes,"
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EPA-600/4-79-020, March 1979 for discussions of appropriate
sampling and analysis procedures.
(b) The owner/operator must determine the concentration of the
following in ground-water samples in accordance with para-
graphs (c) and (d):
(1) Parameters characterizing the suitability of the
ground water as a drinking water supply, as specified
in Appendix III.
(2) Parameters establishing ground-water quality:
(i) Chloride
(ii) Iron
(iii) Manganese
(iv) Phenols
(v) Sodium
(vi) Sulfate
Comment: These parameters are to be used as a basis for com-
parison in the event a damage assessment is required in
§265.93(e).
(3) Parameters used as indicators of ground-water contami-
nation:
(i) pH
(ii) Specific Conductance
(iii) Total Organic Carbon
(iv) Total Organic Halogen
(c)(l) Initial background concentrations of all parameters
specified in paragraph (b) must be established for all
monitoring wells quarterly for a period of one year.
(2) Establishment of initial background for the indicator
parameters specified in paragraph (b)(3) must include,
for each indicator parameter, determination of the
arithmetic mean and variance of the analytic data, by
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pooling the respective analytical data for samples
obtained from upgradient wells.
(d) All monitoring wells must be sampled and the samples ana-
lyzed according to the following frequencies:
(1) Samples collected to indicate ground-water quality
must be obtained and analyzed for the parameters
specified in paragraph (b)(2) at least annually.
(2) Samples collected to check for ground-water contamina-
tion must be obtained and analyzed for the parameters
specified in paragraph (b)(3) at least semiannually.
(e) Elevation of the ground-water surface at each monitoring
well must be determined each time a sample is obtained.
265.93 Preparation, Evaluation, and Response
(a) Within one year of the effective date of these regulations,
the owner/operator must prepare an outline of and time
estimate for completion of a damage assessment program
describing an accelerated and modified ground-water moni-
toring program capable of determining:
(1) The extent and severity of ground-water contamination
by hazardous waste constituents caused by the facil-
ity, and
(2) The extent to which the facility has caused the ground
water in .a USDW to exceed the maximum levels for the
parameters specified in Appendix III.
(b) The owner/operator must evaluate the results of the analy-
ses required by §265.92(d)(2) as follows:
(1) The calculated arithmetic mean and variance for each
indicator parameter specified in §265.92(b)(3) from
each upgradient monitoring well is to be individually
compared to the initial background arithmetic mean and
variance of each indicator parameter, established in
accordance with §265.92(c)(2), using the Student's
t-test at the 0.01 level of significance (see Appendix
IV) to determine statistically significant increases
(and, in the case of pH, decreases also).
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(2) The calculated arithmetic mean and variance for each
indicator parameter specified in §265.92(b)(3) from
each downgradient monitoring well is to be individu-
ally compared to the initial background arithmetic
mean and variance of each indicator parameter, estab-
lished in accordance with §265.92(c)(2), using the
Student's t-test at the 0.01 level of significance
(see Appendix IV) to determine statistically signifi-
cant increases (and, in the case of pH, decreases
also).
(c) (1) If the evaluations for the upgradient wells, performed
in accordance with paragraph (b)(l) above, yield a
significant increase (or pH decrease), the owner/oper-
ator must record and submit this information in accor-
dance with §265.94.
(2) Based on this information, the Regional Administrator
may, at his discretion, require the facility owner/
operator to conduct additional sampling and analyses,
and revise the facility's background datum.
(d) If the evaluations for downgradient wells, performed in
accordance with paragraph (b)(2) above, yield a significant
increase (or pH decrease), the facility will be suspected
of affecting ground-water quality and the owner/operator
must:
(1) Immediately obtain additional ground-water samples
from those downgradient wells where a significant dif-
ference was detected, split the samples in two, and
obtain additional analysis of all samples to determine
whether the significant difference was a result of
laboratory error.
(2) If the analyses of the split samples confirm the sig-
nificant increase (or pH decrease), notify, in writing
within seven days, the Regional Administrator and
appropriate State and local officials, that the facil-
ity may be affecting ground-water quality.
(3) Within 15 days of notification, submit to the Regional
Administrator for review and approval:
(i) A plan for conducting the damage assessment pro-
gram, based on the outline prepared previously in
accordance with paragraph (a), specifying the
number of wells and their locations and depths,
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and the sampling, analysis, and evaluation proce-
dures to be used to detect and quantify any
hazardous waste constituents which may have been
discharged from the facility into ground water.
The damage assessment plan must be developed in
consideration of and specifically related to the
hydrogeology of the underlying aquifer.
(ii) Any ground-water quality information, such as
that discussed in paragraph (c), which could
demonstrate that the facility is not affecting
ground-water quality and that a damage assessment
is unnecessary.
(e) When instructed by the Regional Administrator, the owner/
operator must immediately initiate his damage assessment
program, as approved or modified by the Regional Admini-
strator. Within 15 days of completion of the program, the
owner/operator must submit to the Regional Administrator
and to those State and local officials previously notified
in accordance with paragraph (d) above a written report
containing the results of the damage assessment and
recommended remedial measures.
Comment: Based upon information included in the damage assess-
ment report, the Regional Administrator may: (1) arrange for
downgradient ground-water users to be notified; (2) instruct the
owner/operator to submit Part B of the application for a permit
under Part 122, Subparts A and B; (3) initiate enforcement
action under the authority of Section 7003 of the Act; and/or
(4) take other appropriate action.
(f) At least annually, the facility owner/operator must evalu-
ate the ground-water surface elevation data obtained under
§265.92(e) to determine whether the downgradient monitoring
well location requirement under §265.91(a)(2) is no longer
satisfied. If the evaluation shows that §265.91(a)(2) is
no longer satisfied, the owner/operator must immediately
modify the number, location, and/or depth of the monitoring
wells to bring the ground-water monitoring system into com-
pliance with this requirement.
265.94 Recordkeeping and Reporting
(a) The facility owner/operator must maintain records of the
analyses of samples from all ground-water monitoring wells
required in §265.92(c) and (d), the associated ground-water
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surface elevations required in §265.92(e), and the evalua-
tions required in §265.93, throughout the active life of
the facility, and for disposal facilities, throughout the
post-closure care period.
(b) The facility owner/operator must report ground-water moni-
toring information as follows:
(1) Concentrations of the parameters listed in
§265.92(b)(1) for each ground-water monitoring well
must be submitted to the Regional Administrator within
15 days of the completion of each quarterly analysis
during the first year when initial background concen-
trations are being established for the facility. The
owner/operator must separately identify for each moni-
toring well any parameter whose concentration has been
found to exceed the maximum contaminant levels listed
in Appendix III.
(2) Concentrations of, and the required evaluation under
§265.93(b) tor,' the parameters listed in §265.92(b)(3)
for each ground-water monitoring well must be submit-
ted to the Regional Administrator annually. The
owner/operator must separately identify, in accordance
with §265.93(c), any significant differences from
background found in the upgradient wells. During the
active life of the facility, this information must be
submitted as part of the annual report required under
.§265.75.
(3) Results of the evaluation of ground-water surface ele-
• vatioti under §265.93(f), and a description of the
response to that evaluation, where applicable, must be
submitted to the Regional Administrator as part of the
annual report required under §265.75.
265.95 - 265.109 [Reserved]
SUBPART G - CLOSURE AND POST-CLOSURE
256.110 Applicability
Except as provided otherwise in §265.1:
(a) The regulations in this Subpart concerning closure apply to
the owners/operators of all hazardous waste management
facilities; and
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(b) The regulations in this Subpart concerning post-closure
apply to the owners/operators of all disposal facilities,
i.e., to those facilities at which waste will remain after
final closure.
265.111 Closure Performance Standard
All facilities must be closed in a manner that minimizes (1) any
discharge of wastes, leachate, contaminated rainfall, or waste decom-
position products to ground or surface waters or the atmosphere; and
(2) the need for further maintenance to protect the environment and
human health.
265.112 Closure Plan; Amendment of Plan
(a) The owner/operator of a facility must develop a closure
plan and keep it on the premises. This plan must identify
steps necessary to completely close the facility at any
point during its expected life, as well as the steps neces-
sary to close at the end of the expected life of the facil-
ity. The closure plan must include, but need not be
limited to, the following:
(1) A description of how and when the facility will be
partially closed, if applicable, and ultimately
closed, including an identification of the maximum
extent of the operation which will be unclosed during
the life of the facility, and a description of how the
applicable closure requirements of §§265.197, 265.228,
265.280, and 265.310 will be met;
(2) The maximum inventory of wastes in storage and/or in
treatment that is expected during the life of the
facility;
(3) A description of the steps necessary to decontaminate
facility equipment during closure;
(4) A schedule for final closure which must include, as a
minimum, the anticipated date when wastes will no
longer be received, the date when completion of final
closure is anticipated, and intervening milestone
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dates which will allow tracking of the progress of
closure. (For example, the expected date for comple-
tion of treatment or disposal of waste inventory must
be included, as must the planned date for removal of
any residual wastes from storage facilities and
treatment processes.)
(b) During the active life of the facility, i.e., that period
during which wastes are periodically received, the owner/
operator may, at any time, amend his closure plan. The
owner/operator must amend his plan anytime changes in
operating plans or facility design would affect the closure
plan.
(c) An owner/operator of a facility must submit his closure
plan to the Regional Administrator at least 180 days prior
to the date he expects to begin closure. The Regional
Administrator must modify and/or approve the plan within 90
days of receipt. In the event that the owner/operator of a
facility plans to begin closure within 180 days of the
effective date of these regulations, the owner/operator
must submit the necessary plans on the effective date of
these regulations.
265.113 Time Allowed for Closure
(a) Within 90 days of receiving the final volume of wastes, the
owner/operator must treat and/or remove all wastes in
storage or in process from the site, or dispose of them
on-site, in accordance with the closure plan.
(b) Closure activities must be completed in accordance with the
approved closure plan and within six months of receiving
the final volume of wastes. The Regional Administrator may
accept a longer closure period if the owner/operator can
demonstrate that the required or planned closure activities
will, of necessity, take longer than six months to complete
and that all steps have been taken to eliminate any sub-
stantial threat to human health and the environment from
the unclosed but inactive facility.
265.114 Disposal or Decontamination of Equipment
When closure is completed, all facility equipment must have been
property disposed of or decontaminated by removal of all hazardous
waste and residues.
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265.115 Certification of Closure
When closure is completed, the owner/operator must submit to the
Regional Administrator certification by the owner/operator and certi-
fication by a registered professional engineer that the facility has
been closed in accordance with the specifications in the closure
plan.
265.116 [Reserved]
265.117 Post-Closure and Use of Property; Period of Care
(a) Post-closure care must consist of at least the following:
(1) Monitoring and reporting in accordance with the
requirements of Subpart F; and
(2) Maintenance of monitoring and waste containment sys-
tems specified in §§265.91, 265.223, 265.228, 265.280,
and 265.311, where applicable.
(b) The Regional Administrator may require maintenance of any
or all of the security requirements of §265.14 during the
post-closure period when:
(1) wastes remain exposed after completion of closure, or
(2) casual access by the public may pose a hazard to human
health.
(c) Post-closure use of property on or in which hazardous waste
remains after closure must, in perpetuity, be conducted in
a manner that prevents disturbing the integrity of the
final cover, liner(s), and any other components of the con-
tainment system, and the monitoring systems of the facil-
ity, unless the owner/operator can demonstrate to the
Regional Administrator that the disturbance:
(1) Is necessary to the proposed use of the property, and
will not result in an increase in the potential hazard
to human health or the potential for environmental
contamination, or
(2) Is necessary to reduce environmental contamination or
a threat to human health.
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(d) An owner/operator of a disposal facility must provide post-
closure care for at least 30 years from the date of the
completion of closure. However, the owner or operator may
petition the Regional Administrator to allow some or all of
the requirements for post-closure care to be discontinued
or altered before the end of the 30-year period. The peti-
tion must include evidence demonstrating the secure nature
of the facility that makes continuing the specified post-
closure requirement(s) unnecessary, e.g., no detected leaks
and none likely to occur, characteristics of the waste,
application of advanced technology, or alternative dispo-
sal, treatment, or reuse techniques. At the end of the
post-closure period, the Regional Administrator, if he
finds that the continued integrity of the site or prior
noncompliance with the applicable standards and require-
ments justifies it, may require the owner/operator to con-
tinue one or more of the post-closure care and maintenance
requirements contained in the facility's post-closure plan
for a specified period of time. At the end of the speci-
fied period of time, the Regional Administrator will make a
determination whether to continue or terminate post-closure
care and maintenance at the facility. Anyone (a member of
the public, as well as the owner/operator) may petition the
Regional Administrator for an extension or reduction of the
post-closure care period based on cause. These petitions
will be considered by the Regional Administrator at closure
and at five-year intervals after the completion of closure.
265.118 Post-closure Plan; Amendment of Plan
(a) The owner/operator of a disposal facility must develop a
post-closure plan and keep it on the premises. This plan
must identify the activities which will be carried on after
final closure and the frequency of those activities. The
post-closure plan must include, but need not be limited to,
the following:
(1) Monitoring activities and frequencies as specified in
Subpart F for the post-closure period; and
(2) Maintenance activities and frequencies to ensure inte-
grity of the cap and final cover and/or other contain-
ment structures as specified in §§265.223, 265.228,
265.280, and 265.311, where applicable, for the moni-
toring equipment specified in §265.91, and for any
security equipment specified by the Regional Admini-
strator in §265.117(b).
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(b) At any time during the active life of the facility or dur-
ing the post-closure care period, the owner/operator may
amend his post-closure plan. The owner/operator must amend
his plan any time changes in operating plans or facility
design would affect his post-closure plan.
(c) The owner/operator of a disposal facility must submit his
post-closure plan to the Regional Administrator at least
180 days before he expects to begin closure. The Regional
Administrator must modify and/or approve the plan within 90
days of receipt. In the event that the owner/operator of a
disposal facility plans to begin closure within 180 days of
the effective date of these regulations, the owner/operator
must submit the necessary plans on the effective date of
these regulations.
265.119 Notice to Local Land Authority
Within 90 days after closure is completed, the owner/operator of
a disposal facility must submit to the local land authority and the
Regional Administrator a survey plat indicating the location and
dimensions of landfill cells, trenches, or other disposal areas, with
respect to permanently surveyed benchmarks. This plat must be pre-
pared and certified by a registered- professional land surveyor. The
plat filed with the local land authority must contain a note, promi-
nently displayed, advising of the owner's/operator's obligation to
restrict disturbance of the site as specified in §265.177(c). Addi-
tionally, the owner/operator must submit to the Regional Administra-
tor and local land authority a record of the type, location, and
quantity of hazardous wastes disposed of within each cell, trench, or
area of the facility. For wastes disposed in cells or trenches
before these regulations were promulgated, the owner/operator must
identify the type, location, and quantity of the wastes to the best
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of his knowledge and in accordance with any records he has main-
tained.
265.120 Notice in Deed to Property
The owner of the property on which a disposal facility is located
must record a notation on the deed to the facility property or, in
accordance with State law, on any other such instrument which is
normally examined during title search, that will, in perpetuity,
notify any potential purchaser of the property that the land has been
used to manage hazardous waste, and of the use restriction of
§265.117(c).
265.121 - 265.139 [Reserved]
SUBPART H - FINANCIAL REQUIREMENTS
265.140 Applicability
(a) The regulations in this Subpart apply to the owners/opera-
tors of all hazardous waste management facilities, except
as otherwise provided in this section or in §265.1.
(b) The requirements of §§265.143 and 265.144 apply only to
owners/operators of disposal facilities.
(c) Facilities owned by a State or the Federal government are
exempted from the requirements of this Subpart.
265.141 Cost Estimate for Facility Closure
(a) On the effective date of these regulations, each facility
owner/operator must have an estimate of the cost of closing
the facility in accordance with the requirements in
§§265.111-265.115 and applicable closure requirements in
§§265.197, 265.228, 265.280 and 265.310. The estimate must
be for the cost of closure at the point in the facility's
operating life when such cost would be at its maximum due to
the extent and type of operations at the facility, as
indicated by its closure plan (see §265.112(a)). (For
example, the closure cost estimate for a particular landfill
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may be for the cost of closure when its area of active
disposal operations is 20 acres, since at all other times
the active area will be less than 20 acres. The costs of
partial closures that are scheduled to take place, according
to the closure plan, before or after the time of maximum
closure cost would not be included in the estimate.)
(b) A new closure cost estimate must be prepared by the
owner/operator whenever a change in the assumptions on which
the closure plan is based, including the type and amount of
waste received and the type and extent of operations, would
change the cost of closure (see §265.112(b)) and whenever
the closure plan changes. The owner/operator must retain
the current closure cost estimate at the facility at all
times.
(c) On each anniversary date of these regulations, the
owner/operator must index the closure cost estimate to the
latest published annual Gross National Product Implicit
Price Deflator, as published by the U.S. Department of
Commerce, and identified in this regulation as the inflation
factor. The indexed closure cost estimate is referred to as
the adjusted closure cost estimate. The adjusted closure
cost (ACC) estimate is calculated as follows:
ACC = CCC X LIF
CIF
where ACC = adjusted closure cost,
CCC = current closure cost estimate as determined in
paragraph (b),
CIF = current inflation factor, i.e., last inflation factor
published prior to the current closure cost estimate,
and
LIF = the latest published inflation factor.
265.142 Financial Assurance for Facility Closure
On the effective date of these regulations, each owner/operator
must have evidence of financial assurance for facility closure. He
must choose from among the following options:
(a) Closure Trust Fund
(1) The owner/operator may establish a closure trust fund.
Equal annual payments, in cash or marketable
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securities, made over the expected life of the site
must add up to the closure cost estimate required by
§265.141. Payments must be made by the owner/operator
within 30 days of the scheduled annual payment date.
The trust agreement must be written so that the trustee
will notify the Regional Administrator by certified
mail within 15 days of non-receipt by the trustee of a
scheduled payment by the owner/operator. Upon receipt
of such notification, the Regional Administrator may
order the facility to commence closure activities.
(2) When an amendment to the closure cost estimate is made,
changes must be equally apportioned among remaining
annual payments. For example, if the estimated closure
cost is increased by $10,000 and the remaining life of
the facility is 10 years, each annual trust fund
payment must be increased by $1,000.
(3) As an option, owners/operators may choose to deposit
the full amount of the closure cost estimate in the
trust at the outset, but the amount must be adjusted
annually for inflation in accordance with adjustments
to the closure cost estimate (§265. 141(c) ). An owner/
operator may also accelerate payments to the trust, but
at no time may the total accumulation in the trust fall
below the amount which would have accrued had payments
been made as specified in paragraphs (a)(l) and
(4) The trustee may be any bank or other financial institu-
tion authorized to act as a trustee in accordance with
the laws of the State in which the facility is
located.
(5) The beneficiary of the trust fund must be the United
States.
(6) In making investments of closure trust funds, the
trustee is under a duty to the beneficiary, i.e., the
U.S. government, to make only investments that a
prudent person would make of his own property, having
in view the preservation of the fund and the amount and
regularity of the income to be derived.
(7) The terms of the trust must require the trustee to
disburse monies from the trust fund to any party
designated by the Regional Administrator, as follows:
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(i) Upon receipt of itemized bills for closure of the
facility from the owner/operator, the Regional
Administrator must determine whether they are in
accord with the approved closure plan or are
otherwise justified in his view. If so, the
Regional Administrator must direct the trustee to
pay them or reimburse the owner/operator if the
amount remaining in the trust after such payment
is greater than or equal to 20 percent of the
current closure cost estimate. The Regional
Administrator, at his discretion, may alternately
direct the trustee to pay bills presented by the
owner/operator directly without individual
approval by EPA if a registered professional
engineer has confirmed in writing that such bills
have been incurred in accord with the closure
plan.
(ii) The Regional Administrator may direct the trustee
to disburse monies from the trust fund to any
designated party upon a legal determination of a
violation of the closure requirements of these
regulations rendered in a proceeding brought under
Section 3008 of the Act.
(8) A trustee may seek to intervene in any proceeding in
which the trustee may become liable to perform in part
or in full pursuant to any trust instrument undertaken
in accordance with these regulations.
(9) Upon receiving certification by the owner/operator and
• certification by a registered professional engineer
that the facility has been closed in accordance with
the closure plan (see §265.115), and having no
information indicating that closure may not be
satisfactory, the Regional Administrator must direct
the trustee to release any remaining funds in the trust
to the owner/operator.
(b) Surety Bonds
(1) An owner/operator may meet the requirements of this
Section by obtaining a surety bond. Such surety bond
must be issued by a surety company authorized to do
business in the United States and acceptable to the
Agency. To be acceptable to the Agency, a surety
company must, at a minimum, be certified by the U.S.
Treasury Department in Circular 570 to write bonds in
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the penal sum of the bonds to be issued under these
Regulations.
(2) Such surety bond must provide assurance of performance
by the owner/operator with respect to facility closure
in compliance with the closure plan established for the
facility. Such surety bond must be written in an
amount equal to the closure cost estimate required by
§265.141. Such surety bond must be written so that
whenever closure activities begin during the term of
the bond, the bond coverage includes completion of the
closure plan.
(3) An owner/operator must maintain at all times a surety
agreement in the amount of the latest adjusted closure
cost estimate (see §265.141).
(4) A surety company must send any notice of cancellation
to the Regional Administrator by certified mail. Such
notice will be effective no less than 90 days after
receipt by the Regional Administrator. The
owner/operator must send notice to the Regional
Administrator by certified mail within three days of
receipt of such notice of cancellation from a surety
company.
(5) An owner/operator must begin closure activities on the
31st day after receiving a cancellation notice unless
other evidence of financial assurance of closure, as
required in this section, is sent by certified mail to
the Regional Administrator prior to the 31st day.
(6) A surety becomes liable on a bond obligation only when
there has been a legal determination of a violation of
the closure requirements of these regulations rendered
in a proceeding brought pursuant to the provisions of
Section 3008 of the Act. A surety may seek to
intervene in any proceeding in which the surety may
become liable to perform in part or in full pursuant to
any bond undertaken in accordance with these
regulations. Following such a determination the surety
must:
(i) Complete the closure requirements in accordance
with the closure plan; or
(ii) Complete the closure requirements by hiring a con-
tractor designated by the Regional Administrator
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to conduct closure activities in accordance with
the closure plan.
(7) The Regional Administrator must notify the surety in
writing within 30 days when closure has been
accomplished in accordance with the requirements of
these regulations.
(c) Letter-of-Credit
(1) An owner/operator may meet the requirements of this
Section by obtaining an irrevocable standby-type
letter-of-credit. The letter must be written in favor
of the Environmental Protection Agency and must be for
a period of not less than one year. The
letter-of-credit may be issued by any bank which is a
member of the Federal Reserve System.
(2) The credit must be issued for an amount equal to the
closure cost estimate calculated and adjusted by the
owner/operator in accordance with the requirements of
§265.141.
(3) An owner/operator must maintain, during the operating
life of the facility, a letter-of-credit in the full
amount of the latest adjusted closure cost estimate.
(4) The letter-of-credit must contain an "automatic
extension" clause, or other clause providing for
automatic annual extensions of the credit subject to 60
days written notice by the issuing bank to both the
owner/operator and the Regional Administrator of the
bank's intention not to continue the credit. Following
such notice, the Regional Administrator will have the
right, described in the letter-of-credit, to draw upon
the credit up to the aggregate amount of the credit.
The owner/operator must send notice to the Regional
Administrator by certified mail within three days of
receipt of such notice of nonrenewal from the bank.
(5) An owner/operator must begin closure activities on the
31st day after receiving a cancellation notice unless
other evidence of financial assurance of closure, as
required in this subpart, is sent by certified mail to
the Regional Administrator prior to the 31st day.
(6) If the Regional Administrator draws upon the
letter-of-credit at any time, the issuing bank must
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deposit the amount of the draft immediately and
directly into an interest-bearing escrow account where
it will remain intact pending a legal determination of
the owner's/operator's violation of the closure
requirements of these regulations rendered in a pro-
ceeding brought pursuant to the provisions of Section
3008 of the Act. Should the owner/operator be found to
have violated the closure requirements, the escrow
depositary must pay the person or persons designated by
the Regional Administrator to complete closure of the
facility.
(7) The Regional Administrator must notify the issuing bank
in writing within 30 days upon completion by the
owner/operator of the closure requirements of Subpart
G.
(d) Use of More Than One Type of Financial Instrument
An owner/operator may meet the requirements of this Section
by establishing more than one type of financial instrument.
Such instruments are limited to a trust fund, surety bond,
or letter-of-credit as specified in paragraphs (a), (b), and
(c), respectively. However/ the sum of the funds available
through the combination of instruments must be no less than
the closure cost estimate (e.g., a letter of credit may
assure half the closure cost and a trust fund the remaining
half). The owner/operator must maintain the level of
financial assurance provided by the combination of
instruments at no less than the latest adjusted closure cost
estimate.
(e) Asset Test and Guarantees for Closure
(1) An owner/operator may meet the requirements of this
Section by demonstrating that he has the following
financial characteristics as measured by current
quarterly reports.
(i) Working capital equal to two times the closure
and/or post-closure care financial requirements.
For an owner/operator with a single site, working
capital must be at least twice the amount of the
closure cost estimate. Owners/operators with
more than one site can aggregate as many as they
choose for the purposes of an asset test so long
as the sum of the respective closure cost esti-
mates is no more than half the owner's/operator's
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working capital. For any facilities not included
in the aggregation, the owner/operator must
establish some other form of assurance of
financial responsibility in accordance with these
regulations; and
(ii) At least 10 million dollars of net worth; and
(iii) A debt-to-net-worth ratio of not more than four.
(2) If at any time, the financial strength of the
owner/operator fails to meet the characteristics of
paragraph (e)(l), the owner/operator must obtain
evidence of financial assurance through other methods
allowed in this Section. If the owner/operator is
unable to obtain an alternate financial instrument
within 31 days, he must notify the Regional
Administrator immediately by registered mail. The
Regional Administrator may then order closure
activities to commence in accordance with the closure
plan.
(3) A corporation meeting the above characteristics may
guarantee the compliance of another corporation if it
agrees in writing to assume full and complete legal
responsibility for that entity's compliance with either
or both the closure and post-closure regulations, where
applicable.
(f) Public Entities
(1) An owner/operator which is a local (e.g., 'city or
county) public entity may meet the requirements of this
Section if backed by annual revenues from property
taxes, income taxes, and/or sales taxes equal to 10
times the estimated costs of closures. To be
acceptable, such tax receipts must be legally available
to cover closure responsibilities, if necessary.
(2) If at any time the annual tax revenues fail to meet
the minimum multiples specified in paragraph (f)(l),
the owner/operator must obtain evidence of financial
assurance through other methods allowed in this
Section. If the owner/operator is unable to obtain an
alternate financial instrument within 31 days, he must
notify the Regional Administrator immediately by
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registered mail. The Regional Administrator may then
order closure activities to commence in accordance with
the closure plan.
265.143 Cost Estimates for Post-Closure Monitoring and Maintenance
(a) One year from the effective date of these regulations, an
owner/operator of a disposal facility must have an estimate
of the annual cost of post-closure monitoring and
maintenance at the site in accordance with the applicable
post-closure regulations in §§265.117-265.120, 265.228,
265.280, and 265.310. The cost estimate is referred to in
these regulations as the "annual post-closure operating cost
estimate."
(b) A new annual post-closure operating cost estimate must be
prepared by the owner/operator whenever a change in the
assumptions on which the post-closure plan is based,
including the type and amount of waste received and the type
and extent of operations, would change the cost of
post-closure monitoring and maintenance, and whenever the
post-closure plan changes (see §265.118(b)) . The
owner/operator must retain the current annual1 post-closure
operating cost estimate at the facility at all times.
(c) On each anniversary date of these regulations, during the
operating life of the facility, the owner/operator must
index the annual post-closure operating cost estimate to be
the latest published annual Gross National Product Implicit
Price Deflator, as published by the U.S. Department of
Commerce, and identified in this regulation as the inflation
factor. The indexed annual post-closure operating cost
estimate is referred to as the adjusted annual post-closure
operating cost estimate (APC) , which is calculated as
follows :
APC = • X LIF
GIF
where APC = adjusted annual post-closure operating cost estimate,
CPC = current annual post-closure operating cost estimate
as determined in paragraph (b),
GIF = current inflation factor, i.e., the last inflation
factor published prior to the most recent change in
the post-closure cost estimate as specified in
paragraph (b) , and
LIF = the latest published inflation factor.
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>5.144 Financial Assurance for Post-Closure Monitoring and
Maintenance
One year from the effective date of these regulations, an
raer/operator of a disposal facility must have evidence of financial
ssurance for post-closure care. He must choose from among the fol-
)wing options:
(a) Post-Closure Trust Fund
(1) The owner/operator may meet the requirements of this
Section by establishing a post-closure trust fund.
Payments must be made by the owner/operator within 30
days of the scheduled annual payment date. The trust
agreement must be written so that the trustee will
notify the Regional Administrator by certified mail
within 15 days of nonreceipt by the trustee of a
scheduled payment by the owner/operator. Upon receipt
of such notification, the Regional Administrator may
require that closure activities commence.
(2) Payments (cash or marketable securities) must be made
to the fund annually and adjusted to changes in the
adjusted annual post-closure operating cost estimate.
For any given year, the trust payment (TP) may be
calculated as follows:
TP = OPC X 30 + (APC - OPC) X 30
OOL ROL
where TP = annual trust payment for a given year,
OPC = original annual post-closure operating cost estimate
one year after the effective date of these regu-
lations,
OOL = remaining expected operating life of the facility one
year after the effective date of these regulations,
in years,
APC = adjusted post-closure operating cost estimate, and
ROL = expected remaining operating life of the facility, in
years.
(3) As an option, owners/operators may choose to deposit
the full amount of the funds required for 30 years of
post-closure care (the adjusted post-closure operating
cost estimate times 29) in the trust at the outset, but
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the amount must be adjusted annually using the
inflation factor as discussed in §265.143(c). An
owner/operator may also accelerate payments to the
trust, but at no time may the total accumulation in the
trust fall below the amount which would have accrued
had payments been made as specified in paragraph
(4) The trustee may be any bank or other financial
institution authorized to act as a trustee in
accordance with the laws of the State in which the
facility is located.
(5) The beneficiary of any such trust agreement must be the
United States.
(6) In making investments of post-closure trust funds, the
trustee is under a duty to the beneficiary, i.e., the
U.S. government, to make only those investments that a
prudent person would make of his own property, having
in view the preservation of the fund and the amount and
regularity of the income to be derived.
(7) The terms of the trust must require the trustee to
disburse monies from the trust fund to any party
designated by the Regional Administrator as follows:
(i) Upon receipt of itemized bills for post-closure
activities from. the owner/operator, the Regional
Administrator must determine whether they are in
accord with the approved post-closure plan or are
otherwise justified in his view. If so, the
Regional Administrator must direct the trustee to
pay them or reimburse the owner/operator for the
appropriate amount. The Regional Administra-
tor, at his discretion, may alternately direct the
trustee to pay bills presented by the owner/
operator directly without individual approval by
EPA if a registered professional engineer has
confirmed in writing that such bills have been
incurred in accord with the post-closure plan.
(ii) The Regional Administrator may direct the trustee
to disburse monies from the trust fund to any
party upon a legal determination of a violation of
the post-closure requirements of these regulations
rendered in a proceeding brought under Section
3008 of the Act. __
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(8) A trustee may seek to intervene in any proceeding in
which the trustee may become liable to perform in part
or in full pursuant to any trust instrument undertaken
in accordance with these regulations.
(9) Reversion of excess funds.
(i) At completion of the post-closure care period, the
Regional Administrator must direct the trustee to
release any remaining fund in the trust to the
owner/operator.
(ii) If, under the provisions of §265.117(c), the
Regional Administrator allows discontinuation or
alteration of some or all of the requirements of a
post-closure plan before the end of the 30-year
period, the excess portion of the trust
fund must be released by the Regional
Administrator.
(b) Surety Bond Guaranteeing a Lump Sum Payment at Closure
(1) An owner/operator may meet the requirements of this
Section by obtaining a surety bond. Such surety bond
must be issued by a surety company authorized to do
business in the United States of America and acceptable
to the Agency. To be acceptable to the Agency a surety
company must, at a a minimum, be certified by the U.S.
Treasury Department in Circular 570 to write bonds in
the penal sum of the bonds to be issued under these
regulations.
(2) Such surety bond must provide guarantee of payment by
the owner/operator, into a trust fund for the purpose
of assuring post-closure care, of a lump sum amount
equal to the estimate of costs for 30 years of
post-closure care calculated and adjusted by the
owner/operator in accordance with the requirements of
§265.143. The trust fund is to be established prior to
commencement of closure activities by the
owner/operator.
(3) An owner/operator must maintain, during the operating
life of the facility, a surety agreement guaranteeing
lump sum payment in the full amount of the costs for 30
years of post-closure care calculated and adjusted in
accordance with §265.143.
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(4) A surety company must send notice of cancellation to
the Regional Administrator by certified mail. Such
notice shall be effective no less than 90 days after
receipt by the Regional Administrator. The
owner/operator must send notice to the Regional
Administrator by certified mail within three days of
receipt of such notice of cancellation from the surety
company.
(5) An owner/operator must begin closure activities on the
31st day after receiving a cancellation notice unless
other evidence of financial assurance of post-closure
activities, as required in this Section, is sent by
certified mail to the Regional Administrator prior to
the 31st day.
(6) A surety becomes liable on a bond obligation only when
the owner/operator fails to deposit the full amount of
the costs of 30 years of post-closure activities in a
trust fund designated for that purpose in compliance
with the provisions of paragraph (a). The surety
obligation comes due on the 31st day following the date
closure activities are to commence in accordance with
paragraph (b)(5). Discharge of the obligation is
accomplished by placing the assured funds in a trust
fund as directed by the Regional Administrator.
(7) The Regional Administrator must notify the surety
within 60 days of the commencement of closure by
certified mail that the owner/operator has:
(i) Established the necessary trust instrument; or
(ii) Defaulted. The Regional Administrator will then
direct the surety in the placement of funds in a
trust.
(c) Letter-of-Credit Ensuring a Lump-Sum Payment at Closure
(1) An owner/operator may meet the requirements of this
Section by obtaining an irrevocable standby-type
letter-of-credit. The letter must be written in favor
of the Environmental Protection Agency and must be for
a period not less than one year. The letter-of-credit
may be issued by any bank which is a member of the
Federal Reserve System.
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(2) The credit must be issued for an amount equal to the
estimate of costs for 30 years of post-closure care
calculated and adjusted by the owner/operator in
accordance with the requirements of §265.143.
(3) An owner/operator must maintain, during the operating
life of the facility, a letter of credit in the full
amount of the costs for 30 years of post-closure care
calculated and adjusted in accordance with §265.143.
(4) The letter-of-credit must contain an "automatic
extension" clause, or other clause providing for
automatic annual renewal of the letter-of-credit
subject to a 60-day minimum period of prior written
notice by the issuing bank to both the owner/operator
and the Regional Administrator, of the bank's intention
not to continue the credit. Following such notice, the
Regional Adminis-trator will have the right, described
in the letter of credit, to draw upon the credit up to
the aggregate amount of the credit. The owner/operator
must send notice to the Regional Administrator by
certified mail within three days of receipt of such
notice of nonrenewal from the bank.
(5) An owner/operator must begin closure activities on the
31st day after receiving a cancellation notice unless
other evidence of financial assurance of post-closure
activities as required in this Section is sent by
certified mail to the Regional Administrator prior to
the 31st day.
"(6) The Regional Administrator may draw on the credit
provided only when the owner/operator fails to deposit
the full amount of the costs of 30 years of
post-closure activities in a trust fund designated for
that purpose in compliance with the provisions of
paragraph (a). The Regional Administrator may not draw
on the credit until the 15th day following the date
closure activities are to commence in accordance with
paragraph (c)(5). The Regional Administrator must
deposit any funds drawn from the bank into an interest
bearing escrow account unless and until he authorizes
disbursement to third parties. The Regional
Administrator's request to draw funds must be made to
the bank by certified mail.
(7) The Regional Administrator must notify the issuing bank
in writing within 30 days upon completion by the
owner/operator of the requirements of this Section.
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(d) Surety Bond Guaranteeing Performance of Post-Closure Duties
(1) An owner/operator may meet the requirements of this
Section by obtaining a surety bond. Such surety bond
must be issued by a surety company authorized to do
business in the United States and acceptable to the
Agency. To be acceptable to the Agency, a surety
company must, at a minimum, be certified by the U.S.
Treasury Department in Circular 570 to write bonds in
the penal sum of the bonds to be issued under these
regulations.
(2) Such surety bond must provide guarantee of performance
by the owner/operator with respect to the post-closure
monitoring and maintenance requirements in fulfillment
of the post-closure plan required in §265.118.
(3) Such surety bond must be written in an amount equal to
the costs for 30 years of post-closure care calculated
and adjusted in accordance with §265.143.
(4) Such surety bond must be written so that whenever
closure activities begin or are ordered to begin by the
Regional Administrator during the term of the bond, the
bond coverage must extend to completion of the
post-closure care period or 30 years, whichever is
shorter.
(5) An owner/operator must maintain, during the operating
life of the facility, a surety agreement in the full
amount of the costs for 30 years of post-closure care,
calculated and adjusted in accordance with §265.143.
(6) As post-closure obligations are completed, the penal
sum of the bond must be reduced commensurately, so that
the balance of the penal sum of the bond will equal the
remaining cost obligations of the owner/operator for
. post-closure care. The Agency, at the request of the
owner/operator, will send written notice to the surety
of any reduction in the required penal sum within 30
days of receipt by the Agency of such request.
(7) A surety company must send notice of cancellation to
the Regional Administrator by certified mail. Such
notice will be effective no less than 90 days after
receipt by the Regional Administrator. The
owner/operator must send notice to the Regional
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Administrator by certified mail within three days of
receipt of such notice from the surety company.
(8) An owner/operator must begin closure activities on the
31st day after receiving a cancellation notice unless
other evidence of financial assurance of post-closure
activities, as required in this Section, is sent by
certified mail to the Regional Administrator prior to
the 31st day.
(9) A surety becomes liable on a bond obligation only when
there has been a legal determination of a violation of
the post-closure requirements of these regulations
rendered in a proceeding brought pursuant to the provi-
sions of Section 3008 of the Act. A surety may seek to
intervene in any proceeding in which the surety may
become liable to perform in part or in full pursuant to
any bond undertaken in accordance with these regula-
tions. Following such a determination, the surety
mus t:
(i) Discharge the post-closure requirements in accor-
dance with the post-closure plan, or
(ii) Discharge the post-closure requirements by hiring
a contractor designated by the Regional Adminis-
trator to conduct post-closure activities in
accordance with the post-closure plan.
(10) The Regional Administrator must notify the surety
within 60 days of the end of the post-closure care
period or the end of the 30 years of post closure
care, whichever comes earlier, that the owner/operator
has discharged his obligations to that point.
(e) Letter-of-Credit Ensuring Funds for the Performance of
Post-Closure Duties
(1) An owner/operator may meet the requirements of this
Section by obtaining an irrevocable standby-type
letter-of-credit. The letter must be written in favor
of the Environmental Protection Agency and must be for
a period of not less than one year. The letter-of-
credit may be issued by any bank which is amember of
the Federal Reserve System.
(2) The credit must be issued for an amount equal to the
costs for 30 years of post-closure care calculated and
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adjusted by the owner/operator in accordance with the
requirements of §265.143. As post-closure obligations
are completed as the post closure period progresses,
the credit guarantee may be reduced commensurately, so
that the remaining credit will equal the remaining cost
obligations of the owner/operator for post-closure
care. The Agency, at the request of the owner/
operator, will send written notice to the bank ofany
reduction in the required credit guarantee within 30
days of receipt by the Agency of such request.
(3) Such letter of credit must contain provisions that
whenever closure activities begin or are ordered to
begin by the Regional Administrator while it is in
effect, the credit guarantee must extend to completion
of the post-closure care period or for 30 years,
whichever is shorter.
(4) An owner/operator must maintain, during the operating
life of the facility, a letter of credit in the full
amount of the costs for 30 years of post-closure care
calculated and adjusted in accordance with §265.143.
(5) The letter-of-credit must contain an "automatic
extension" clause, or other clause providing for
automatic annual renewal of the letter-of-credit
subject to a 60-day minimum period of prior written
notice by the issuing bank to both the owner/operator
and the Regional Administrator, of the bank's intention
not to continue the credit. The owner/operator must
send notice to the Regional Administrator by certified
mail within three days of receipt of such notice of
nonrenewal from the bank.
(6) An owner/operator must begin closure activities on the
31st day after receiving a cancellation notice unless
other evidence of financial assurance of post-closure
activities, as required in this Section, is sent by
certified mail to the Regional Administrator prior to
the 31st day.
(7) The Regional Administrator may draw on the credit
provided only when there has been a legal determination
of a violation of the post-closure requirements of
these regulations rendered in a proceeding brought
pursuant to the provisions of Section 3008 of the Act.
Following such determination, the Regional Administra-
tor may draw on the credit up to the limit of the
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guarantee, directing the funds to contractors or other
individuals for purposes ofcarrying out the post
closure responsibilities in accordance withthe
post-closure plan.
(8) The Regional Administrator must notify the issuing bank
in writing within 30 days of the completion of the
post-closure care period or 30 years, whichever is
less, that the owner/operator has discharged his
obligations to that point.
(f) Use of More Than One Type of Financial Instrument
An owner/operator may meet the requirements of this Section
by establishing more than one type of financial instrument.
Such instruments are limited to a trust fund, surety bonds,
or letters of credit as specified in paragraphs (a) through
(e). However, the sum of the funds available through the
combination of instruments must be no less than the estimate
of costs for 30 years of post-closure care calculated and
adjusted in accordance with §265.143.
(g) Asset Test and Guarantees for Post-Closure Care
(1) An owner/operator may meet the requirements of this
Section by demonstrating that he has the following
financial characteristics as measured by current
quarterly reports:
(i) Working capital equal to two times the closure
and/or post-closure financial requirements. For
- . an owner/operator with a single site, working
capital must be at least 60 times the amount of
the current adjusted annual post-closure cost
estimate. Owners/operators with more than one
site can aggregate as many as they choose for the
purposes of an asset test so long as the sum of 60
times the respective current adjusted annual
post-closure cost estimates is no more than half
the owner's/operator's working capital. For any
facilities not included in the aggregation, the
owner/ operator must establish some other form of
assurance of financial responsiblity in accordance
with these regulations; and
(ii) At least 10 million dollars of net worth; and
(iii) A debt-to-net-worth ratio of not more than four.
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(2) If at any time, the financial strength of the
owner/operator fails to meet the characteristics of
paragraph (g)(l), the owner/operator must obtain
evidence of financial assurance through other methods
allowed in this section. If the owner/operator is
unable to obtain an alternate financial instrument
within 31 days, he must notify the Regional Adminis-
trator immediately by registered mail. The Regional
Administrator may then order closure activities to
commence in accordance with the closure plan.
(3) A corporation meeting the above characteristics may
guarantee the compliance of another corporation if it
agrees in writing to assume full and complete legal
responsiblity for that entity's compliance with either
or both the closure and post-closure regulations, where
applicable.
(h) Public Entities
(1) An owner/operator which is a local (e.g., city or
county) public entity may meet the requirement of this
Section if backed by annual revenues from property,
sales, and/or income taxes equal to 10 times the esti-
mated current adjusted annual post-closure cost esti-
mate. To be acceptable, such tax receipts must be
legally available to cover post-closure
responsibilities, if necessary.
(2) If at any time, the annual tax revenues fail to meet
the minimum multiples specified in paragraph (h)(l),
the owner/operator must obtain'evidence of financial
assurance through other methods allowed in this
Section. If the owner/operator is unable to obtain an
alternate financial instrument within 31 days, he must
notify the Regional Administrator immediately by
registered mail. The Regional Administrator may then
order closure activities to commence in accordance with
the closure plan.
265.145 - 265.148 [Reserved]
265.149 Applicability of State Financial Requirements
(a) If a facility is located in a State in which existing
hazardous waste regulations require that owners/operators
must provide financial assurance for facility closure and
for post-closure monitoring and maintenance, an owner/
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operator may use an existing State-authorized financial
mechanism in meeting financial assurance requirements of
§265.142 and §265.144, provided that:
(1) The State-authorized mechanism is a mechanism allowed
in §265.142 for closure or §265.144 for post-closure
monitoring or maintenance, or
(2) The State mechanism provides a similar degree of
assurance (e.g., escrow account) as do the mechanisms
of §265.142 for closure and §265.144 for post-closure.
The owner/operator must obtain an additional financial
assurance mechanism for closure and for post-closure, chosen
from §265.142 for closure and §265.144 for post-closure care,
if the amount of assurance from the State mechanisms is less
than that from the mechanisms of this Subpart. The total
amount of financial assurance provided by the combination of
the State and Federal mechanisms must equal at least the
amount of assurance required in §§265.142 and 265.144.
(b) If a State assumes legal responsibility for the closure
and/or post-closure requirements of Subpart G or
assures that funds will be available from State sources
to cover these requirements, the owner/operator will be
in compliance with the requirements of this Subpart.
265.150 Transfer of Ownership
(a) An owner/operator of a hazardous waste management
facility with interim status is liable for the finan-
cial responsibility requirements of these regulations
until he has completely discharged all of his obliga-
tions. If an owner/operator transfers ownership/
operation of the facility during the interim status
period, the transfer or owner/operator will remain
liable for the financial responsibility requirements of
the facility unless and until:
(1) The transferee owner/operator complies with the
financial requirements of these regulations and
submits Part A of the permit application within 30
calendar days of closing, if the facility
continues to operate; and
(2) The transferor owner/operator transmits to
Regional Administrator a copy of a written agree-
ment between the transferor owner/operator and the
transferee owner/operator which contains an
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acknowledgement that the transferor
owner/operator is liable for the financial
responsibility requirements under these
regulations up to a specific date and that the
transferee owner/operator is liable on and after
that date.
(b) Any security, including money, property, or commercial
paper, set aside for the purposes of meeting the
financial responsibility requirements of these
regulations will not be released until the conditions
of paragraph (a) are met.
(c) Any security which will be returned at the direction
of the Regional Administrator, including trust funds,
must be returned when the Regional Administrator is
satisfied that the transferor has completely
discharged all his obligations under these
regulations.
265.151-265.169 [Reserved]
SUBPART I - USE AND MANAGEMENT OF CONTAINERS
265.170 Applicability
The regulations in this Subpart apply to the owners/operators of
all hazardous waste management facilities that handle containers of
hazardous waste, except as provided otherwise in §265.1.
265.171 Condition of Containers
A container holding hazardous waste must be in good condition
and must not leak. If a container is not in good condition, or if it
begins to leak, the owner/operator must transfer the hazardous waste
from the container to a storage container that is in good condition,
or manage the waste in another fashion which complies with the
requirements of this Part.
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265.172 Compatibility of Waste with Container
Owners/operators must use containers made of materials which
will not react with, or are otherwise compatible with, the waste to
be stored, unless the container is protected by a nonreactive lining.
265.173 Management of Containers
(a) Storage containers must be closed to all times during stor-
age, except when it is necessary to add or remove wastes.
(b) Owners/operators must manage an emptied fibrous, metal,
plastic, or glass container that is a hazardous waste
listed under Part 261 in accordance with the requirements
of this Part. However, these requirements do not apply if
the container:
(1) Is triple rinsed using a solvent or other liquid capa-
ble of removing the hazardous waste residue, or is
cleaned using another method that has been shown in
the scientific literature or by the owner1s/operator's
testing to remove residue to the same degree; or
(2) Is refilled with a compatible nonwaste material; or
(3) Is sent to a facility that recovers material or energy
values in a manner which does not constitute disposal
(.see Part 261); or
(4) Has been protected from contact with the waste by an
inner liner which has been removed.
Comment: An inner liner which has been removed from a contain-
er that previously held hazardous waste is a hazardous waste,
unless it complies with the provisions of paragraph (b)(l), (2),
or (3) above (see Part 261). Reuse of containers is also gov-
erned by U.S. Department of Transportation regulations, includ-
ing those set forth in 49 CFR 173.28.
265.174 Inspections
In addition to the inspections required by §265.15, the owner/
operator must inspect areas where containers are stored, at least
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weekly, looking for deterioration caused by corrosion or other fac-
tors and leaks.
Comment: See §265.171 for remedial action required if deterio-
ration or leaks are detected.
265.175 [Reserved]
265.176 Special Requirements for Ignitable or Reactive Waste
Containers holding ignitable or reactive waste must be located
more than 15 meters (50 feet) from the facility's property line.
Comment: See §265.36 for additional requirements.
265.177 Special Requirements for Incompatible Waste
(a) Incompatible wastes (see Appendix V for examples) must not
be placed in the same container.
(b) Hazardous waste must not be placed in an unwashed container
that previously held an incompatible waste or material (see
Appendix V for examples).
(c) A storage container holding a hazardous waste that is in-
compatible with any waste or other materials stored in
other containers, piles, or impoundments nearby must be
separated from the other materials or protected from them
by means of a dike, berm, wall, or other device. The
purpose of this is to prevent gaseous emissions, leaching,
or other discharge of hazardous wastes or hazardous consti-
tuents which could result from the mixing of incompatible
materials.
265.178 - 265.189 [Reserved]
SUBPART J - TANKS
265.190 Applicability
The regulations in this Subpart apply to the owners/operators of
facilities that use tanks for the treatment and/or storage of hazard-
ous waste, except as provided otherwise in §265.1.
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265.191 Construction Requirements
(a) The materials used for the construction of tanks, or the
liners used to protect them, must be compatible under ex-
pected storage, treatment, and operating conditions (e.g.,
temperature and pressure) with the hazardous waste to be
stored or treated, and with the chemical reagents, if any,
that are expected to be used, so that the ability of the
tank to contain wastes and reagents during the intended
life of the tank is not impaired.
(b) Facilities at which hazardous waste is continuously fed
into tanks must be equipped with a means to stop the inflow
of waste to the tank (e.g., with a waste feed cutoff system
or bypass system to a standby tank) in the event of a
leak or overflow from the tank due to a system failure
(e.g., a malfunction in the treatment process, a crack in
the tank, etc.).
265.192 General Operating Requirements
(a) All treatment of hazardous waste in tanks must be conducted
in accordance with the results of the waste analyses and
trial tests required in §265.193.
(b) Hazardous wastes or treatment reagents that could cause a
tank to rupture, leak, corrode, or otherwise fail prior to
closure, or prior to the end of the intended life of the
tank, must not be-placed in the tank.
(c) Uncovered tanks must be operated to ensure a minimum of 60
centimeters (2 -feet)" of freeboard, unless the tank is •
equipped with a containment (e.g., dike or trench),
drainage control, and/or diversion (e.g., standby tank)
structure which has a capacity that equals or exceeds the
volume of the top 60 centimeters (two feet) of the tank.
265.193 Waste Analysis and Trial Tests
In addition to the waste analysis required by §265.13, whenever
a tank is used to:
(l) Treat and/or store a new or substantially different waste;
or
(2) Treat hazardous waste with a new or substantially different
process than that previously used at the facility;
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the owner/operator must, to ensure compliance with §§265.192(a) and
(b), 265.198, and 265.199:
(1) Conduct waste analyses and trial treatment or storage tests
(e.g., bench scale or pilot plant scale tests); or
(2) Obtain documented information on similar storage or treat-
ment of similar waste under similar operating conditions;
to show that this treatment and/or storage will not generate heat,
fumes, fires, or explosive reactions that could damage the structural
integrity of the tank or otherwise threaten human health or the envi-
ronment.
Comment: The owner/operator must record the results from each
waste analysis and trial test in the operating record of the
facility (see §265.73).
265.194 Inspections
In addition to the inspections required by §265.15, the owner/
operator of a tank must inspect, where present, the following:
(1) Spill control equipment (e.g., waste feed cutoff systems,
bypass systems, and drainage systems) at least once each
operating day, to assure that it is in good working order;
(2) Data gathered from monitoring equipment (e.g., pressure
gauges and waste level indicators), at least once each
operating day, to assure that the facility is being opera-
ted according to its design;
(3) The construction materials of the tank, at least weekly, to
detect corrosion or leaking of fixtures and seams; and
(4) The construction materials of, and the ground surrounding,
spill confinement structures (e.g., dikes), at least week-
ly, to detect erosion or obvious signs of leakage (e.g.,
wet spots or dead vegetation).
265.195 [Reserved]
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265.196 Ground-Water Monitoring
In some circumstances, the owner/operator of a tank may be
required by the Regional Administrator to comply with all or part of
the ground-water monitoring requirements of Subpart F. See
§265.90(b) for details.
265.197 Closure
At closure, all hazardous waste and hazardous waste residues
must be removed from tanks.
Comment: By removing residues from a tank, the owner/operator
becomes a generator of waste and must determine whether the
waste is a hazardous waste under Part 261. If the residue is a
hazardous waste, the owner/operator must manage it in accordance
with all applicable requirements of Parts 262, 263 and 265 of
this Subchapter.
265.198 Special Requirements for Ignitable or Reactive Waste
(a) Ignitable or reactive waste must not be placed in a tank,
unless:
(1) The waste is treated, rendered, or mixed immediately
after entering the tank so that the resulting waste,
mixture, or dissolution of material no longer meets
the definition of ignitable or reactive waste, respec-
tively, under Part 261; and such treatment will not
generate heat, fumes, fires, or explosive reactions
that could damage the structural integrity of the
tank, or otherwise threaten human health or the envi-
ronment; or
(2) The waste is stored or treated in such a way that it
is protected from any material or conditions which may
cause the waste to ignite or react; or
(3) The tank is used solely for emergency events.
(b) The owner/operator of a facility which treats or stores
ignitable or reactive waste in covered tanks must comply
with the National Fire Protection Association's (NFPA's)
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buffer zone requirements for tanks, contained in Tables 2-1
through 2-6 of the "Flammable and Combustible Code -1977."
Comment: See §265.36 for additional requirements.
265.199 Special Requirements for Incompatible Waste
(a) Incompatible wastes (see Appendix V for examples) must not
be placed in the same tank unless they are stored or
treated in such a way that they will not generate fumes,
fires, or explosive reactions that could damage the struc-
tural integrity of the tank, or otherwise threaten human
health or the environment.
(b) Hazardous waste must not be stored or treated in unwashed
tanks which previously held an incompatible waste or mater-
ial, unless such storage or treatment will not generate
heat, fumes, fires, or explosive reactions that could dam- ,
age the structural integrity of the tank, or otherwise
threaten human health or the environment.
265.200-265.219 [Reserved]
SUBPART K - SURFACE IMPOUNDMENTS
265.220 Applicability
The regulations in this Subpart apply to the owners/operators of
facilities that use surface impoundments for the treatment, storage,
and/or disposal of hazardous waste, except as provided .otherwise in
§265.1.
265.221 [Reserved]
265.222 General Operating Requirements
(a) All treatment of hazardous waste in a surface impoundment
must be conducted in accordance with the results of the
waste analyses and trial tests required in §265.225.
(b) Hazardous wastes or treatment reagents that could cause a
surface impoundment to rupture, leak, or otherwise fail
prior to closure, or prior to the end of the intended life
of the surface impoundment, must not be placed in the
surface impoundment.
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(c) A surface impoundment must maintain enough freeboard to
prevent any overtopping of the dike by overfilling, wave
action, or storm event. At a minimum, 60 centimeters (2
feet) of freeboard must be provided.
Comment: Any discharge from the surface impoundment to waters
of the United States is subject to the requirements of Section
402 of the Clean Water Act, as amended.
265.223 Containment System
All earthen dikes must have a protective cover, such as grass,
shale, or rock, to minimize wind and water erosion and to preserve
its structural integrity.
265.224 [Reserved]
265.225 Waste Analysis and Trial Tests
In addition to the waste analyses required by §265.13, whenever
a surface impoundment is used to:
(1) Treat and/or store a new or substantially different waste;
or
(2) Treat hazardous waste with a new or substantially different
process than that previously used at the facility;
the owner/operator must, to ensure compliance with §§265.222(a) and
(b), 265.229, and 265.230:
(1) Conduct waste analyses and trial treatment or storage tests
(e.g., bench scale or pilot plant scale tests); or
(2) Obtain documented information on similar storage or treat-
ment of similar waste under similar operating conditions;
to show that this treatment and/or storage will not generate heat,
fumes, fires, or explosive reactions that could damage the structural
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integrity of the impoundment, or otherwise threaten human health or
the environment.
Comment: The owner/operator must record the results from each
waste analysis and trial test in the operating record of the
facility (see §265.73).
265.226 Inspections
In addition to the inspections required by §265.15, the owner/
operator must:
(a) Inspect the surface impoundment, including dikes and vege-
tation surrounding the dike, at least once a week to detect
any leaks, deterioration, or failures in the impoundment,
and
(b) Inspect at least once each operating day to assure that the
freeboard level established to comply with §265.222(b) is
maintained.
265.227 [Reserved]
265.228 Closure and Post-Closure
The closure plan required in Subpart G must address one of the
following means of closure:
(a) Wastes remain in the impoundment after closure.
(1) The surface must have no free liquids.
(2) Closure for the impoundment must be the same as for a
landfill. The closure plan and post-closure care are
the same as required for a landfill in §§265.310 and
265.311, respectively.
(b) Wastes are removed from the impoundment:
(1) After waste removal, the underlying soil must be quan-
titatively analyzed for the constituents for which the
impounded wastes were determined to be hazardous, if
they are listed in Part 261, and any additional sub-
stances which the Regional Administrator may require.
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(2) If any substance in paragraph (b)(l) is found, the
surface impoundment must either close as a landfill
pursuant to §265.310 as determined by the Regional
Administrator or the remaining contaminated waste must
be removed.
Comment: By removing residues from the impoundment, the
owner/operator becomes a generator of waste and must determine
whether the waste is a hazardous waste under Part 261. If the
residue is a hazardous waste, the owner/operator must manage it
in accordance with all applicable requirements of Parts 262,
263, and 265.
265.229 Special Requirements for Ignitable or Reactive Waste
Ignitable or reactive waste must not be placed in a surface
impoundment, unless:
(1) The waste is treated, rendered, or mixed immediately after
entering the impoundment so that the resulting waste, mix-
ture, or dissolution of material no longer meets the defi-
nition of ignitable or reactive waste, respectively, under
Part 261; and such treatment will not generate heat, fumes,
fires, or explosive reactions that could damage the struc-
tural integrity of the impoundment, or otherwise threaten
human health or the environment; or
(2) The waste impoundment is used solely for emergency events.
265.230 Special Requirements for Incompatible Waste
Incompatible wastes (see Appendix V for examples) must not be
placed in the same surface impoundments, unless they will not gener-
ate heat, fumes, fires, or explosive reactions that could damage the
structural integrity of the impoundment, or otherwise threaten human
health or the environment.
265.231-265.249 [Reserved]
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SUBPART L - WASTE PILES
265.250 Applicability
The regulations in this Subpart apply to the owners/operators of
facilities that treat or store hazardous waste in piles, except as
provided otherwise in §265.1.
265.251 Protection from Wind
Owners/operators of piles containing hazardous waste which is
subject to dispersal by wind must cover or otherwise manage the pile
so that wind dispersal does not occur.
265.252 Waste Analysis
In addition to the waste analyses required by §265.13, owners/
operators who receive hazardous wastes from other generators, off-
site, must analyze a sample from each incoming shipment of waste
before adding it to any existing pile, unless the only wastes the
facility receives which are amenable to piling are compatible.with
each other. The analysis conducted must be capable of differentiat-
ing between the types of hazardous waste which are placed in piles,
so that mixing of incompatible waste does not inadvertently occur.
At a minimum, the analysis must include a visual comparison of color
and texture.
265.253 Containment
(a) Waste piles must be constructed to divert external runoff
away from the pile and to collect runoff from the pile
unless:
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(1) The waste does not meet the characteristics of a toxic
hazardous waste in Part 261, and is immobile under the
runoff conditions likely to be encountered in the
area; or
(2) The pile is protected from precipitation and runoff by
some other means.
(b) Waste piles must be placed on an impermeable base that is
compatible with the waste under the conditions of storage,
unless the waste does not meet the characteristics of a
toxic hazardous waste in Part 261.
Comment: Piles not meeting these requirements will be regula-
ted as landfills under Subpart N.
265.254 [Reserved]
265.255 Special Requirements for Ignitable Waste
Ignitable waste must not be stored in a pile, unless the addi-
tion of the waste to an existing pile results in the waste or mixture
no longer meeting the definition of ignitable waste under Part 261;
and such addition will not generate heat, fumes, fires, or explosive
reactions that could damage the pile's containment structures, if
any, or otherwise threaten human health or the environment.
265.256 Special Requirements for Reactive Waste
Reactive waste must not be stored in a pile, unless:
(1) Addition of the waste to an existing pile results in the
waste or mixture no longer meeting the definition of reac-
tive waste under Part 261; and such addition will not gen-
erate heat, fumes, fires, or explosive reactions that could
damage the pile's containment structures, if any, or other-
wise threaten human health or the environment; or
(2) The waste is managed in such a way that it is protected
from any material or condition which may cause it to react.
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265.257 Special Requirements for Incompatible Waste
(a) Incompatible wastes (see Appendix V for examples) must not
be placed in the same pile.
(b) A pile of hazardous waste that is incompatible with any
waste or other material stored in other containers, piles,
or impoundments nearby must be separated from the other
materials, or protected from them by means of a dike, berm,
wall, or other device. The purpose of this is to prevent
gaseous emissions, leaching, or other discharge of hazard-
ous wastes or hazardous constituents which could result
from the mixing of incompatible materials.
x"
265.258-265.269 [Reserved]
SUBPART M - LAND TREATMENT
265.270 Applicability
The regulations in this Subpart apply to owners/operators of
hazardous waste land treatment facilities, except as provided other-
wise in §265.1.
265.271 [Reserved]
265.272 General Operating Requirements
Runoff from the land treatment facility which has been in con-
tact with hazardous waste must be collected and treated or disposed.
At a minimum, the collection, treatment, and disposal system must be
capable of handling the flow from the 24-hour, 25-year storm event.
The effective date of this Section is 12 months after the effective
date of this Part.
Comment: If such collected runoff is discharged to waters of
the United States, it is subject to the requirements of Section
402 of the Clean Water Act, as amended. This requirement will
prohibit all untreated nonpoint source seepage or flow onto
adjacent land and into waters of the United States.
N-220
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265.273 Waste Analysis
(a) In addition to the waste analyses required by §265.13, the
owner/operator must:
(1) Conduct waste analyses as necessary to comply with
§§265.281 and 265.282;
(2) Determine the concentrations in the waste of the fol-
lowing elements: arsenic, barium, cadmium, chromium,
lead, mercury, selenium, and silver, unless the
owner/operator has documented data that shows that one
or more of these elements is not present;
(3) Determine the concentrations of any additional sub-
stances for which the waste is listed as a hazardous
waste in Part 261, if it is listed;
(4) Determine the pH of the waste; and
(5) If food chain crops are being grown on the facility,
conduct a complete chemical analysis of the waste,
including solubility.
Comment: EPA's background document for Part 261 specifies the
substances for which a waste is listed as a hazardous waste.
(b) Waste analyses are required for all substantially different
wastes received, unless the owner/operator has the docu-
mented information necessary to comply with §§265.13(b),
265.281, and 265.282 for similar treatment or disposal of
similar wastes under similar operating conditions.
265.274 [Reserved]
265.275 [Reserved]
265.276 Food Chain Crops
(a) Food chain crops must not be grown on the treated area of a
land treatment facility, unless the owner/operator has in
his possession and can provide upon request from the
Regional Administrator the following information based on
actual field tests and/or extensive research:
(1) Analysis of the waste according to §265.273, and
(2) Evidence that the hazardous constituents determined
under §265.273(a)(2) and (a)(3) will:
N-221
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(i) not be transferred to the food portion of the
crop by plant uptake or direct contact, and that
ingestion by food chain animals (e.g., by graz-
ing) will not occur, or
(ii) not be greater in concentration in the crops
grown on the treated area than in similar region-
al crops grown on untreated soils.
(b) The information developed in paragraph (a) must be for the
specific waste being land treated; the specific waste
application rates; the specific soil types, considering pH,
and cation exchange capacity; and the specific crops
involved.
Comment: If the owner/operator grows food chain crops on the
land treatment facility, the information developed in this Sec-
tion must be submitted with Part B of the application for a
permit under Section 122, Subparts A and B.
265.277 [Reserved]
265.278 Zone of Aeration Monitoring
(a) The owner/operator must develop and implement a zone of
aeration monitoring plan which will provide information on
the vertical migration of waste constituents under the
treated area(s) of the land treatment facility. The plan
must employ, at a minimum, the following two types of
monitoring:
(1) Soil monitoring using soil cores, and
(2) Soil-pore water monitoring using lysimeters.
(b) The owner/operator must take into consideration waste type
and the following relationships when developing the moni-
toring plan:
(1) Soil-core depth and depth of the lysimeter(s) as a
function of the depth to which the waste is incorpo-
rated into the soil;
(2) Number of soil cores and number of lysimeters as a
function of the variability of the measured para-
meters, the soil types and waste types; and
N-222
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(3) Frequency and timing of sampling as a function of fre-
quency, time, and rate of waste application, proximity
to ground water, and soil permeability.
(c) At a minimum, three soil cores and three lysimeters must be
tested annually.
(d) The owner/operator must analyze the soil cores and samples
from the lysimeters for the elements that were found in the
waste during the waste analysis of §265.273(a)(2), and any
constituents for which the waste was listed as a hazardous
waste in Part 261.
Comment: All data and information developed by the owner/
operator under this Section must be submitted with Part B of the
application for a permit under Part 122, Subparts A and B.
265.279 Recordkeeping
The owner/operator of a land treatment facility must maintain
the following additional items in the operating record required in
265.73: .
(a) Records of the application dates, quantities, and location
of each hazardous waste placed in the facility;
(b) Results of the zone of aeration monitoring carried out
under §265.278, and the rationale used in developing the
monitoring plan;
(c) Results of any monitoring or testing of food chain crops
under §265.276; and
(d) Results of any monitoring or analysis carried out in devel-
opment or implementation of a closure plan under §265.280.
265.280 Closure and Post-Closure
(a) The closure and post-closure plans required in Subpart G
must address the following objectives:
(1) Control of the leaching of contaminants from the
treated area into the ground water;
(2) Control of the release of contaminated runoff from the
facility into surface water;
N-223
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(3) Control of the release of airborne particulate contam-
inants caused by wind erosion; and
(4) Compliance with §265.276 concerning the uptake and
marketing of food-chain crops grown on the facility,
if any.
(b) The owner/operator must consider at least the following
factors in addressing the closure objectives of paragraph
(a):
(1) Type of waste and waste constituents in the facility;
(2) The characteristics of the waste and waste constitu-
ents including mobility and leachability;
(3) Site location, topography, and surrounding land use,
with respect to the potential impact caused by pollu-
tant migration (e.g., proximity to ground water, sur-
face water and drinking water sources);
(4) Climate including amount, frequency, and pH of preci-
pitation;
(5) Geological and soil profile of the site and soil char-
acteristics, including cation exchange capacity, total
organic carbon, and pH;
(6) Zone of aeration monitoring information-obtained under
§265.278;
(7) Type, concentration, and depth of contaminants added
to the soil;
(8) Expected rate of any contaminant migration;
(9) Removal of contaminated soils;
(10) Cover material and final surface contours, functions
of the cover (e.g., infiltration control, erosion/run-
off control, and wind erosion control), and its
characteristics (e.g., thickness, porosity and permea-
bility, slope, length of run of slope, and amount and
type of vegetation);
(11) Collection and treatment of runoff;
(12) Diversion structures to prevent surface water runon
from entering the treated area; and
N-224
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(13) Monitoring after closure.
(c) During the post-closure care period, the owner/operator of
a land treatment facility must:
(1) Maintain any zone of aeration or ground-water monitor-
ing systems and collect and analyze samples from these
systems in a manner and frequency specified in the
post-closure plan;
(2) Restrict access to the facility as appropriate for its
post-closure use; and
(3) Assure that no activities (e.g., growth of food chain
crops) occur on a closed land treatment facility which
may threaten human health or the environment.
265.281 Special Requirements for Ignitable or Reactive Waste
Ignitable or reactive wastes must not be land treated, unless
the waste is immediately incorporated into the soil so that the re-
sulting waste, mixture, or dissolution of material no longer meets
the definition of ignitable or reactive waste, respectively, under
Part 261; and such incorporation does not generate heat, fumes,
fires, or explosive reactions that could negatively affect the
biological activity or attenuation capacity, of the facility, or
otherwise threaten human health or the environment.
265.282 Special Requirements for Incompatible Waste
Incompatible wastes (see Appendix V for examples) must not be
land treated in the same treatment area, unless:
(a) Land treatment makes them compatible via chemical, physi-
cal, or biological mechanisms; and
(b) Such treatment will not generate heat, fumes, fires, or
explosive reactions that could negatively affect the
N-225
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biological activity or attenuation capacity of the facil-
ity, or otherwise threaten human health or the environ-
ment.
265.283-265.299 [Reserved]
SUBPART N - LANDFILLS
265.300 Applicability
The regulations in this Subpart apply to owners/operators of
facilities that dispose of hazardous waste in landfills, except as
provided otherwise in §265.1.
265.301 [Reserved]
265.302 General Operating Requirements
Runoff from the landfill which has been in contact with hazard-
ous waste must be collected and treated or disposed. At a minimum,
the collection, treatment, and disposal system must be capable of
handling the flow from the 24-hour, 25-year storm event. The effec-
tive date of this Section is 12 months after the effective date of
this Part.
Comment: If such collected runoff is discharged to waters of
the United States, it is subject to the requirements of Section
402 of the Clean Water Act, as amended. This requirement will
prohibit all untreated nonpoint source seepage or flow into
surface waters of the United States.
265.303 Waste Analysis
(a) In addition to the waste analyses required by §265.13, the
owner/operator must determine the pH of the waste and con-
duct waste analyses as necessary to comply with §§265.312
and 265.313.
(b) Waste analyses are required for all substantially different
wastes received, unless the owner/operator has the docu-
mented information necessary to comply with §§265.13,
N-226
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265.312, and 265.313 for disposal of similar wastes under
similar operating conditions.
265.304-265.308 [Reserved]
265.309 Surveying and Recordkeeping
The owner/operator of a landfill must maintain the following
additional items in the operating record required in §265.73:
(a) On a map, the exact location and dimensions, including
depth, of each cell with respect to permanently surveyed
benchmarks;
(b) The contents of each cell and the general location of each
hazardous waste type within each cell; and
(c) If the waste was accompanied by a manifest, the specific
manifest number as a part of the record of the location of
each hazardous waste.
265.310 Closure
The closure and post-closure plans required in Subpart G must
include a final cover over the landfill, the function and design of
the cover, and the post-closure care requirements of §265.311.
(a) The following objectives must be addressed in the plan:
(1) Control of pollutant migration;
(2) Control of surface water infiltration; and
(3) Erosion prevention.
(b) The owner/operator must consider the following factors in
addressing the objectives of paragraph (a):
(1) Type of waste and waste constituents in the landfill;
(2) The characteristics of the waste and waste constitu-
ents including mobility and leachability;
(3) Site location and topography with respect to the
potential impact caused by pollutant migration (e.g.,
N-227
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proximity to ground-water, surface water and drinking
water sources);
(4) Climate including amount, frequency and pH of precipi-
tation;
(5) Cover material and its characteristics, such as poro-
sity and permeability;
(6) Cover thickness;
(7) Cover slope and length of run of slope; and
(8) Amount and type of vegetation.
265.311 Post-Closure Care
During the post-closure care period, the owner/operator of a
hazardous waste landfill must:
(1) Maintain the function and integrity of the final cover as
specified in the approved closure plan;
(2) Maintain the ground-water monitoring system and collect and
analyze samples from this system in the manner and frequen-
cy specified in Subpart F;
(3) Maintain and monitor the leachate collection and removal
system (if there is one present in the landfill) and remove
and treat any leachate collected in a manner and frequency
to prevent excess accumulation of leachate in the system;
(4) Maintain and monitor the gas collection and control system
(if there is one present in the landfill) to control the
vertical and horizontal escape of gases;
(5) Protect and maintain surveyed benchmarks; and
(6) Restrict access to the landfill as appropriate for its
post-closure use.
Comment: See §265.117(b) and (c) for additional requirements
during the post-closure care period.
N-228
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265.312 Special Requirements for Ignitable or Reactive Waste
Ignitable or reactive waste must not be placed in a landfill,
unless the waste is treated, rendered, or mixed immediately after
placement in the landfill so that the resulting waste, mixture, or
dissolution of material no longer meets the definition of ignitable
or reactive waste, respectively, under Part 261; and such treatment
will not generate heat, fumes, fires, or explosive reactions that
could damage the structural integrity of the landfill, or otherwise
threaten human health and the environment.
265.313 Special Requirements for Incompatible Waste
Incompatible wastes (see Appendix V for examples) must not be
placed in the same landfill cell, unless they will not generate heat,
fumes, fires, or explosive reactions that could damage the structural
integrity of the landfill, or otherwise threaten human health or the
environment.
265.314 Special Requirements for Liquid Waste
(a) Bulk liquid waste and noncontainerized waste having free
liquids (e.g., sludges) must not be placed in a landfill,
unless the landfill has a functioning liner and leachate
collection and removal system, the liner is chemically
resistant to the added liquid, and the collection and
removal system has a capacity sufficient to remove all
leachate produced.
Comment: This requirement does not apply if, prior to dispo-
sal, the bulk liquid waste or waste containing free liquids is
treated and/or stabilized, chemically or physically, such that
free liquids are no longer present.
(b) Containerized liquid waste is prohibited from disposal in a
landfill.
N-229
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(c) The requirements of this Section are effective six months
after the effective date of this Part.
265.315-265.339 [Reczrved]
SUBPART 0 - INCINERATORS
265.340 Applicability
The regulations in this Subpart apply to owners/operators of
facilities that treat hazardous waste in incinerators, except as pro-
vided otherwise in §265.1.
265.341 [Reserved]
265.342 [Reserved]
265.343 General Operating Requirements
The owner/operator must bring his incinerator to steady state
(normal) conditions of operation, such as temperature and air flow,
using auxiliary fuel or other means, before adding hazardous wastes.
265.344 [Reserved]
265.345 Waste Analysis
,(a) In addition to the waste analyses required by §265.13, the
owner/operator must analyze any waste which he has not
previously burned in his incinerator. The analysis per-
formed on this waste must be sufficient to allow the
owner/operator to establish steady state (normal) operating
conditions (including waste and auxiliary fuel feed and air
flow) and to determine the type of pollutants which might
be emitted. At a minimum, the analysis must determine the
following:
(1) Heating value of the waste;
(2) Halogen content and sulfur content;
(3) Concentration of the following elements: arsenic,
barium, cadmium, chromium, lead, mercury, selenium,
and silver, unless the owner/operator has documented
N-230
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data that shows that one or more of these elements is
not present; and
(4) Concentration of the toxicant(s) in any waste which
caused it to be listed as a toxic hazardous waste in
Part 261, if it is listed.
(b) Owners/operators who receive hazardous wastes from other
generators, off-site, must analyze a sample from each in-
coming shipment of waste before incinerating it. In the
case of drum shipments, as a minimum, owners/operators must
sample one drum of each waste in that shipment. The analy-
sis conducted must be sufficient to determine that the
waste actually received is substantially the same as that
analyzed under paragraph (a) (i.e., that a mistake in
labeling has not been made by the generator). At a mini-
mum, this must include a visual and/or instrumental compar-
ison for color, texture, opacity, solids content,
viscosity, and pH.
265.346 [Reserved]
265.347 Monitoring and Inspections
In addition to the inspections required by §265.15, the owner/
operator must conduct, as a minimum, the following monitoring and
inspections when incinerating hazardous waste:
(a) Existing instruments which relate to combustion and emis-
sion control must be monitored at least every 15 minutes.
Appropriate corrections to maintain steady state combustion
conditions must be made immediately either automatically or
by the operator. Examples of instruments which relate to
combustion and emission control would normally include
those measuring waste feed, auxiliary fuel feed, air flow,
incinerator temperature, scrubber flow, scrubber pH, and
relevant level controls.
(b) Stack plume (emissions) must be observed visually at least
hourly for normal appearance (color and opacity). Any
indicated operating corrections necessary to minimize visi-
ble emissions must be made immediately by the operator.
(c) At least daily, the complete incinerator and associated
equipment (pumps, valves, conveyors, pipes, etc.) must be
inspected for leaks, spills, and fugitive emissions, and
N-231
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all emergency shutdown controls and system alarms must be
checked to assure proper operation.
265.348-265.350 [Reserved]
265.351 Closure
At closure, the owner/operator must remove all residues (includ-
ing but not limited to ash, scrubber waters, and scrubber sludges)
from the incinerator.
Comment: By removing residues from an incinerator, the owner/
operator becomes a generator of waste and must determine whether
the waste is a hazardous waste under Part 261. If the residue
is a hazardous waste,, the owner/operator must manage it in
accordance with all applicable requirements of Parts 262, 263,
and 265 of this Subchapter.
265.352 Open Burning; Explosive Waste
An owner/operator must not open burn hazardous wastes, unless
those wastes are explosive. Those choosing to detonate an explosive
waste in the open must do so more than 500 meters (550 yards) from
the facility property line and in a manner that does not .threaten the
environment or human health outside the facility.
265.353-265.999 [Reserved]
N-232
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APPENDIX I
RECORDKEEPING INSTRUCTIONS
The recordkeeping provisions of §265.73 specify that an owner/
operator of a facility must keep an operating record. This appendix
provides additional instructions as to the manner in which portions
of the operating record are to be kept. See §265.73(b) for addi-
tional recordkeeping requirements.
The following information must be recorded, as it becomes avail-
able, and maintained in the operating record until closure of the
facility in the following manner:
Records of each hazardous waste received, treated, stored, or
disposed of at the facility, which include the following:
(1) If the waste is listed in §261.—, a description by its EPA
hazardous waste list number. If the waste is not listed in
§261.—, a description by its EPA hazardous waste charac-
teristic(s) number as defined in §261.—, its common name,
and the process that produced it (for example, filter cake
from production of ).
Each hazardous waste listed in §261.—, and each hazardous
waste characteristic or combination of characteristics
defined in §261.—, has a unique four-digit number assigned
to it. This number must be used for recordkeeping and
reporting purposes.
The waste description must also include the waste's physi-
cal form, i.e., liquid, sludge, solid, or contained gas.
(2) The estimated or manifest-reported weight, or volume and
density, where applicable, in one of the units of measure
specified in Table 1; and
(3) The method(s) (by handling code(s) as specified in Table 2)
and date(s) of treatment, storage, and/or disposal.
N-233
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TABLE 1
Unit of Measure
Pounds
Short Tons
Gallons
Cubic Yards
Kilograms
Tonnes
Liters
Cubic Meters
Symbol*
P
T
G
Y
K
M
L
C
Density
—
—
P/G
T/Y
—
—
K/L
M/C
^Single digit symbols are used here for data processing purposes,
N-234
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TABLE 2
HANDLING CODES FOR TREATMENT, STORAGE. AND DISPOSAL METHODS
Enter the handling code(s) listed below that most closely repre-
sents the technique(s) used at the facility to treat, store, or dis-
pose of each quantity of hazardous waste received.
1. Storage
SOI Container (barrel, drum, etc.)
SO2 Tank
S03 Waste pile
S04 Surface impoundment
S05 Other (specify)
2. Treatment
(a) Thermal Treatment
T06 Pyrolysis
T07 Rotary kiln incinerator
T08 Fluidized bed incinerator
T09 Cement kiln incinerator
T010 Multiple hearth incinerator
T011 Electrical utility boiler
T012 Liquid injection incinerator
T013 Sludge incinerator
TO 14 Chemical waste incinerator
T015 Process heater
T016 Lime kiln
T017 Wood waste incinerator
T018 Other (specify)
(b) Chemical Treatment
T19 Cyanide destruction
T20 Chemical oxidation
T21 Chemical precipitation
T22 Chemical reduction
T23 Neutralization
T24 Degradation
T25 Chlorination
T26 Chemical fixation
T27 Detoxification
T28 Absorption mound
T29 Absorption field
N-235
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T30 Ion exchange
T31 Other (specify)
(c) Physical Tratment
(1) Separation of Components
T32 Centrifugation
T33 Clarification
T34 Filtration
T35 Flocculation
T36 Sedimentation
T37 Decanting
T38 Coagulation
T39 Flotation
T40 Foaming
T41 Thickening
T42 Encapsulation
T43 Surface impoundment
T44 Holding tank
T45 Other (specify)
(2) Removal of Specific Components
T45 Blending
T47 Catalysis
T48 Distillation
T49 Evaporation
T50 Solvent Recovery
T51 Stripping
T52 Absorption - molecular sieve (activated carbon)
T53 Crystallization
T54 Sand filter
T55 Dialysis'
T56 Electrodialysis
T57 Leaching
T58 Reverse osmosis
T59 Other (specify)
(d) Biological Treatment
T60 Land treatment
T61 Activated sludge
T62 Aerobic lagoon
T63 Anaerobic lagoon
T64 Spray irrigation
T65 Thickening filter
T66 Waste stabilization pond
T67 Septic tank
N-236
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T68 Aerobic tank
T69 Other (specify)
3. Disposal
D70 Chemical waste landfill
D71 Land treatment (to be closed as a landfill)
D72 Surface impoundment (to be closed as a landfill)
D73 Ocean disposal
D74 Deep well injection
D75 Other (specify)
N-237
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Appendix II
EPA Report Form
and
Instructions
N-238
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Pinnae print or^ppc. Form ilcolcncd for elite type (12 characters/Inch).
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DETAILED INSTRUCTIONS: HAZARDOUS WASTE MANAGEMENT REPORT
This report must be completed annually by all hazardous waste
treatment, storage, and disposal facilities in compliance with haz-
ardous waste regulations (40 CFR Part 264) under the authority of the
Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6901).
Part I
Item I. Facility ID Number
The facility identification number requested here for private,
municipal, and State-owned facilities is the Data Universal Numbering
System, or otherwise called the DUNS Number, developed by Dunn and
Bradstreet, Inc. Most business establishments in the United States
have already been assigned DUNS numbers, including all types and
sizes of business establishments, branches, factories, distribution
centers, and purchasing units. State and municipal facilities, in-
cluding publicly owned treatment works, have also been assigned DUNS
numbers.
All facilities engaged in the generation, transport, and treat-
ment, storage, and disposal of hazardous waste will be assigned a
facility identification number under the authority of Section 3010 of
RCRA as part of the Hazardous Waste Facility Notification program.
If you need to find out the DUNS number for your business, you
can obtain this information free of charge by calling the nearest
office of Dunn and Bradstreet, Inc.
N-241
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For Federal facilities, the General Services Administration
(GSA) real property number should be used. All Federal facilities
have already been assigned a real property number by GSA. If you
don't know your number, call the nearest local office of GSA.
Fill in the number as follows:
o STATE CODE - In the first two positions of the number insert
the U.S. Postal Service State Code for the appropriate State
or territory in which the facility is located, such as PA,
MD, NJ, NY, OR MA;
o DUNS OR GSA Identifier and Number - In the remaining posi-
tions after the State code insert a "D" for a private, muni-
cipal, or State-owned facility followed by the nine-digit
DUNS number; OR insert a "G" for a Federally-owned facility
followed by the GSA number.
EXAMPLES
1. Private facility PAD784621382 in Pennsylvania.
2. Federal facility NYG284370155 in New York.
3. State facility CAD362429824 in California.
Item II: RCRA Permit Number .
Give the number of the presently effective RCRA permit issued to
the facility, or if you have previously filed an application but have
not yet received a permit, give the number of the application, if
any.
Item III: Reporting Period
Enter the calendar year or the closing date of the period for
which the report is made.
N-242
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Item IV: Name of Facility
The facility is the distinct activity or installation, under the
responsibility of the owner or operator, legally required to complete
and submit this report.
Name the facility as it is officially or legally referred to in
order to distinguish it from similar entities in the same geographi-
cal area. Do not use colloquial names as a substitute for the
official name.
Item V: Facility Contact
Give the name, title, and work telephone number of a person who
is thoroughly familiar with the operation of the facility and with
the facts reported and who can be contacted by reviewing offices if
necessary.
Item VI: Facility Mailing Address
Give the complete mailing address of the facility's main.office,
where correspondence should be sent. This often will not be the same
address used to designate the location of the facility or activity..
Item VII: Facility Location
Give the location of the facility identified in Item IV of this
form.
Items VIII-IX: [Reserved]
Item X: Owner Information
Under Item X-A, enter the name, as it is legally referred to, of
the person, firm, public organization, or any other entity which owns
N-243
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or is directly responsible for hazardous waste activity described in
this report. This may or may not be the same as the facility or
activity producing the waste. Do not u°a colloquial names as a
substitute for the official name.
Under item X-B enter the appropriate letter to indicate the type
of ownership. Indicate "public" for a facility solely owned by local
government(s) such as a city, town, county, parish, etc.
Under items C, D, E, F, and G, enter the telephone number and
address of the owner identified in item X-A.
Item XI: Comments [Reserved]
Item XII: Certification
Federal statutes provide for severe penalties for submitting
false information on this. 18 U.S.C. Section 1001 provides that
"Whoever, in any matter within the jurisdiction of any department or
agency of the United States knowingly and willfully falsifies, con-
ceals or covers up by any trick, scheme, or device a material fact,
or makes or uses any false writing or document knowing same to con-
tain any false, fictitious or fraudulent statement or entry, shall be
fined not more than $10,000 or imprisoned not more than five years,
or both."
In addition, Section 3008(d) of the Resource Conservation and
Recovery Act provides for a fine up to $25,000 or imprisonment up to
one year for a first conviction for making a false statement in any
report under the Act, and for double these penalties upon subsequent
convictions.
N-244
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The facility owner/operator, or his authorized representative,
must sign and date the certification.
-------
For international shipments, enter the name, address, and
country of origin of the generator, or the name and address of the
importer cf record.
For unmanifested wastes, enter the identification number, the
legal name of the generator, and the identification number and name
of the transporter, if known.
For wastes generated and treated, stored or disposed at the site
of generation, enter the generator identification number.
IV-B:
Enter a description of each waste corresponding to the generator
or source entered in column IV-A.
Describe each waste or aggregated waste stream managed at your
facility during the reporting period by a name using the specific
manufacturing or other process generating the waste; the common name
of the waste; and the exact chemical or generic chemical name of the
waste, if known.
For wastes that are listed under the RCRA waste regulations (40
CFR 261.14), enter the listed name, abbreviated if necessary, and the
EPA waste code. (See IV-C below.)
IV-C:
Enter the four-digit EPA hazardous waste list number for listed
waste, or for the major component of a mixture of more than one
listed waste.
N-246
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For unlisted wastes, enter the four-digit EPA hazardous waste
characteristic(s) number. (See §261.—.)
IV-D:
Enter an EPA handling code for each waste. Where more than one
EPA handling code would apply, report only the code representing the
current status or final disposition of the waste at your facility.
Handling codes are given in Table 2 of Appendix I.
IV-E: Waste Amount
Enter the waste amount, converted to metric tons, for each
waste.
N-247
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APPENDIX III
EPA INTERIM PRIMARY DRINKING WATER STANDARDS
Parameter
Maximum Level
(mg/1)
Arsenic 0.05
Barium 1*0
Cadmium 0.01
Chromium 0.05
Flouride 1.4-2.4
Lead 0.05
Mercury 0.002
Nitrate (as N). 10
Selenium 0.01
Silver 0.05
Endrin 0.0002
Lindane 0.004
Methoxychlor 0.1
Toxaphene 0.005
2, 4-D 0.1
2, 4, 5-TP Silvex . , 0.01
Radium 5 pCi/1
Gross Alpha 15 pCi/1
Gross Beta 4 millirem/yr
Turbidity 1/TU
Coliform Bacteria . 1/100 ml
N-248
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APPENDIX IV
Tests for Significance
As provided in §264.93(c), the owner/operator must use the
Student's t-test for determinationof statistically significant dif-
ferences in ground-water monitoring data. For three of the ground-
water monitoring indicator parameters (total organic carbon, total
organic halogen, and specific conductance) a single tailed Student's
t-test must be used to test for significant differences at the 0.01
level for increases over background. The difference test for pH must
be a two-tailed Student's t-test at the 0.01 level of significance.
The number of replicate measurements (i.e., number of times mea-
surements will be made on a single sample of well water) to be made
on each sample must be determined separately for each .indicator.
The number of replicate measurements must, at a minimum, provide for
a 95 percent confidence interval with relative precision (i.e., the
interval length expressed as a percentage of the sample mean) equal
to or less than 10 percent. The minimum number of replicates re-
quired may be different for different parameters and measurement
techniques as a result of variability of individual measurement tech-
niques, both procedures and equipment.
Specification of a 95 percent confidence interval, precision
equal to or less than 10 percent, and testing at the 0.01 signifi-
cance level, are included to minimize the possibility of not detect-
ing significant differences.
N-249
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Methods for determining the minimum number of replicates (sample
size) for various specifications can be found in most introductory
statistics texts (such as Dixon, W.J. and F.J. Massey, 1969. "Int-'-o-
duction to Statistical Analyses." McGraw-Hill, New York, pp. 270-
273).
N-250
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APPENDIX V
Examples of Potentially Incompatible Waste
Many hazardous wastes, when mixed with other waste or materials
at a hazardous waste facility, can produce adverse human health and
environmental effects such as (1) heat or pressure generation,
(2) violent reaction, (3) generation or release of flammable or toxic
fumes and gases, (4) fire or explosions, (5) release of toxic sub-
stances in case of fire or explosion, and (6) generation of flammable
or toxic gases.
Below are examples of potentially incompatible wastes, waste
components, and materials, along with the adverse consequences which
result from mixing materials in one group with materials in another
group. The list is intended as a guide to owners/operators of treat-
ment, storage, and disposal facilities, and to enforcement and permit
granting officials, to indicate the need for special precautions when
managing these potentially incompatible waste materials or compo-
nents.
It is possible for potentially incompatible wastes to be mixed
in such a way as to preclude a reaction (e.g. , adding acid to water
rather than water to acid) or to neutralize each other (e.g., a
strong acid mixed with a strong base).
The mixing of a Group A materials with a Group B materials may
have the potential consequence as noted.
N-251
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Group 1-A
Group 1-B
Acetylene sludge
Alkaline caustic liquids
Alkaline cleaner
Alkaline corrosive liquids
Alkaline corrosive battery fluid
Caustic wastewater
Lime sludge and other corrosive
alkalies
Lime wastewater
Lime and water
Spent caustic
Acid sludge
Acid and water
Battery acid
Chemical cleaners
Electrolyte, acid
Etching acid liquid or solvent
Liquid cleaning compounds
Pickling liquor and other
corrosive acids
Spent acid
Spent mixed acid
Spent sulfuric acid
Potential consequences: Heat generation, violent reaction.
Group 2-A
Asbestos waste, and other toxic
wastes
Beryllium wastes
Unrinsed pesticide containers
Waste pesticides
Group 2-B
Cleaning solvents
Data processing liquid
Obsolete explosives
Petroleum waste
Refinery waste
Retrograde explosives
Solvents
Waste oil and other flammable
and explosive wastes
Potential consequences: Release of toxic substances in case of
fire or explosion.
Group 3-A Group 3-B
Aluminum Any waste in Group 1-A or 1-B
Beryllium
Calcium
Lithium
Magnesium
Potassium
Sodium
Zinc powder and other reactive
metals and metal hydrides
Potential consequences: Fire or explosion: generation of flam-
mable hydrogen gas.
N-252
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Group 4-A Group 4-B
Alcohols Any concentrated waste in
Groups 1-A or 1-B
Water Calcium
Lithium
Metal hydrides
Potassium
S02Cl2, SOCL2, PCL3,
CH3SiCl3, and other
water-reactive wastes
Potential consequences: Fire, explosion, or heat generation:
generation of flammable or toxic gases.
Group 5-A Group 5-B
Alcohols Concentrated Group 1-A or 1-B
Aldehydes wastes
Halogenated hydrocarbons Group 3-A wastes
Nitrated hydrocarbons and other
reactive organic compounds and
solvents
Unsaturated hydrocarbons
Potential consequences: Fire, explosion or violent reaction.
Group 6-A Group 6-B
Spent cyanide and sulfide solutions Group 1-B wastes
Potential consequences: Generation of toxic hydrogen cyanide or
hydrogen sulfide gas.
Group 7-A Group 7-B
Chlorates and other strong oxidizers Acetic acid and other organic
Chlorine acids
Chlorites Concentrated mineral acids
Chromic acid Group 2-B wastes
Hypochlorites Group 3-A wastes
Nitrates Group 5-A wastes and other .
Nitric acid, fuming flammable and combustible
Perchlorates wastes
Permanganates
Peroxides
N-253
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Potential consequences: Fire, explosion, or violent reaction.
Source: "Law, Regulations and Guidelines for Handling of Hazardous
Waste." California Department of Health, February 1975.
N-254
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PART 266 - STANDARDS FOR OWNERS AND OPERATORS OF FACILITIES THAT
TREAT, STORE, AND/OR DISPOSE OF WASTE IDENTIFIED FOR
DISCRIMINATE STANDARDS
Subpart A - General
266.10 Definitions
266.11 - 266.19 [Reserved]
Subpart B - Uranium Mining and Phosphate Rock Mining,
Beneficiation, and Processing Waste
266.20 Applicability
266.21 Recordkeeping
266.22 Warning Signs
266.23 Restrictions on Waste Use
266.24 Closure Requirements
266.25 - 266.999 [Reserved]
N-255
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SUBPART A - GENERAL
266.10 Definitions
Terms used in this Part have the following meanings:
(1) "Habitable structure" means any building enclosure in which
people may reside or work.
(2) "Phosphate beneficiation slimes" means that material of
extremely fine particle size (clay and colloidal) which are
generated in the beneficiating of phosphate rock.
(3) "Sub-ore" means the uranium ore of a grade that is not
presently economically feasible to recover for milling.
(4) "Leach zone" means that portion of the original phosphate
ore matrix where the phosphate concentration has been
decreased to below economically recoverable levels due to
natural leaching processes.
[§§266.11 - 266.19 Reserved]
SUBPART B - URANIUM MINING AND PHOSPHATE ROCK MINING,
BENEFICIATION, AND PROCESSING WASTE
266.20 Applicability
(a) The regulations in §§266.21 - 266.23 apply to owners/opera-
tors.of facilities that treat, store, and/or dispose of all
wastes from uranium mining and phosphate rock mining, bene-
ficiation, and processing which are listed in Part 261 as
hazardous waste due to radioactivity.
(b) The regulations in §266.24 apply only to owners/operators
of facilities that treat, store, and/or dispose of sub-ore
and other discarded materials from uranium surface mining,
the leach zone overburden and discarded phosphate ore from
phosphate surface mining, and the slimes from phosphate ore
beneficiation as listed in Part 261.
266.21 Recordkeeping
The owner/operator must maintain a record of the location and
type of waste deposits on reference maps throughout the operating
life of the facility. Owners of facilities in which hazardous waste
N-256
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will remain after closure must record a notation on the deed to the
facility property or on such other instrument, in accordance with
State law, which is normally examined during title search, that will
in perpetuity notify any potential purchaser of the property of the
location and type of hazardous waste disposed therein.
266.22 Warning Signs
A sign warning of the radioactivity of the waste and prohibiting
the scavenging of these hazardous wastes must be posted and main-
tained at intervals surrounding the facility such that the warning is
readily discernible from any approach to the facility, unless sca-
venging would be highly unlikely due to the geographic location of
the facility. The legend must be written in English and in any other
language predominant in the area surrounding the facility.
266.23 Restriction on Waste Use
The wastes may not be disposed of by using them as fill around
or under habitable structures (unless meeting the closure require-
ments of §266.24) or by incorporating them into any building materi-
als of potential use for construction of habitable structures.
266.24 Closure Requirements
(a) Hazardous uranium and phosphate surface mining and bene-
ficiation wastes (as listed in Part 261) must be disposed
either during facility operation or before facility closure
by covering the wastes with non-hazardous overburden in a
stable configuration to a depth of no less than 5 meters
(16 feet), unless the owner/operator submits to the
Regional Administrator for his review and approval, no
later than 180 days before closure, supporting evidence
which demonstrates that:
N-257
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(1) It is highly improbable that habitable structures
would ever be built on the disposal facility due to
geographic location, available water, projected urban
growth, population trends, or other factors; and/or
(2) It is impractical to meet the requirement because the
quantity of non-hazardous overburden readily available
is not sufficient to meet the specified 5 meter cover
requirement.
(b) In the case of paragraphs (a)(l) and (a)(2), along with the
required evidence, the owner/operator must submit an alter-
nate closure plan to the Regional Administrator which will
provide adequate protection against radiation, exposure
after facility closure. The plan must address factors such
as, but not limited to, the following:
(1) The radioactivity level of the waste;
(2) Projected depth of cover and its effectiveness in
inhibiting radon diffusion; and
(3) Use of geologic barriers to prevent radon diffusion.
(c) After the Regional Administrator reviews, modifies as
necessary, and approves the alternate closure plan, the
owner/operator must implement the plan.
(d) After cover, if required, if applied, the disposal site
must be stabilized and revegetated in a manner that sup-
ports life indigenous to the surrounding area, unless:
(1) A substance species provides an equivalent degree of
stability to the soil, and/or
(2) As determined by the governing State and/or Federal
reclamation regulations, returning the land to a be-
neficial use at the earliest possible date does not
require revegetating with such plant life.
N-258
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APPENDIX 0
COMMENT LETTERS RECEIVED ON THE DRAFT
ENVIRONMENTAL IMPACT STATEMENT
This appendix presents the text of the seven comment letters
received on the Draft Environmental Impact Statement. Four of the
commenters included their comments on the Draft Environmental Impact
Statement within their much larger comments submitted on the entire
Subtitle C regulations. In these four cases, only those portions
of the comments that apply to the Draft Environmental Impact
Statement are included in this appendix. Each commenter is listed
below, along with an indication of whether the entire text of the
comment is presented.
Commenter
American Textile Manufacturers Institute, Inc.
U.S. Department of Commerce
Department of Health, Education and Welfare,
Public Health Service
The. Utility Solid Waste Activities Group and The
Edison Electric Institute
Mobil Oil Corporation
American Petroleum Institute
Dow Chemical U.S.A.
Text
Entire text
Entire text
Entire text
EIS comments only
EIS comments only
EIS comments only
EIS comments only
0-1
-------
0.1 American Textile Manufacturers Institute, Inc.
0-2
-------
/*
AMERICAN TEXTILE MANUFACTURERS INSTITUTE, INC.
1101 CONNECTICUT AVENUE. N.W.. SUITE 300, WASHINGTON. D.C. 20036
TWX: 710-8 22-9489
TEL: 202/862-0500
March 6, 1979
0/r,.?.
Mr. Alan Corson
Hazardous Waste Management Division
Office of Solid Waste (WH-565)
U.S. Environmental Protection Agency
Washington, D.C. 20460
Dear Mr. Corson:
On behalf of. the American Textile Manufacturers Institute and
its member companies, we, hereby request a 60-day extension of
the comment period for'proposed section 3001 regulations. The
requested extension is from March 16, 1979, to May 15, 1979.
Although ATMI and its member companies have been reviewing these
proposed regulations since their publication on December 18, 1978
many of the implications and ramifications are just now becoming
apparent. For example, the inclusion of certain textile waste-
water sludges on the hazardous list under section 3001 is based
upon a report which is generally recognized to be based upon in-
adequate data. At the same time, EPA has proposed that publicly
owned treatment works (POTW's) be excluded from coverage under
these regulations despite the fact that available data shows them
to be even more "hazardous" than textile sludges. The justifica-
tion for separate handling of POTW sludges under section 405 and
402 of the Clean Water Act, i.e., to avoid duplicative permitting
seems to be politically rather than environmentally motivated.
Very frankly, we find this disparate treatment unjustified and
arbitrary.
The December 18, 1978, Federal Register notice states that the
economic,, environmental and regulatory impact analysis for these
proposed regulations will be available for inspection on January
8, 1979. We have just received a copy of this report and we are
unable to review it in depth and prepare comments within the pre-
sent comment period.
Many other aspects of these regulations are so involved and com-
plex that meaningful review, analysis and comment are impossible
by March 16, 1979. For example, although it is proposed that a
generator may declare his waste hazardous rather than having to
go to the expense of having the wastes tested, it is not stated
how the labeling, containerizing, manifesting and disposal of
'JT? ;•"
0-3
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•AMERICAN TEXTILE MANUFACTURERS INSTITUTE,INC.
.* Mr. Alan Corson
March 6, 1979
Page 2
such "declared" hazardous wastes will be handled. Similarly,
the validity of the proposed extraction procedure cannot be
evaluated in the short period allowed for comment. In view of
the strong difference of opinion between EPA and ASTM over the
validity of various procedures, this concern is a serious one.
In conclusion, the deadline set for comments effectively makes
it impossible for us to make meaningful, constructive comments
regarding the proposed regulations. If comments such as those
we are attempting to prepare are not considered by EPA, we feel
certain that the final regulations will be inadequate and subject
to challenge.
Thank you for your consideration of this request.
•»%
Sincerely,
Director
Government Relations/Regulatory
0-4
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0.2 U.S. Department of Commerce
0-5
-------
URHTED STATES DEPARTMENT OF COMKERCE
The Assistant Secretary for Science and Teshrscfcay
Washington, D.C. 20230
(202) 377-3111
March 13, 1979
Mr. Michael Shannon
U.S. Environmental Protection Agency
401 M St. S.W.
Washington, D.C. 20460
Dear Mr. Shannon:
This is in reference to your draft environmental
impact statement entitled "Resource Conservation and
Recovery Act of 1976, Subtitle C." The enclosed
comments from the National Oceanic and Atmospheric
Administration are forwarded for your consideration.
Thank you for giving us an opportunity to provide
these comments, which we hope will be of assistance
to you. We would appreciate receiving five copies
of the final statement.
Sincerely,
Sidney R. dialler I
Deputy Assistant "Secretary
for Environmental Affairs
Enclosure: Memo from
NOAA-National Ocean Survey
0-6
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UNITED STATES DEPARTMENT OF COMMERCE
National Ocuanic and Atmospheric Administration
NATIONAL OCEAN SURVEY
Rockville, Md. 20052
March 6, 1979 • OA/C22x1:RS
TO: PP - Richard L. Lehman
THRU: OA/C22 - P. Kilho Park
FROM: OA/C22xl - Ronald Sellers
SUBJECT: Review of DEIS 7902.02 Subtitle C, Resource Conservation
and Recovery Act of 1976 (EPA) '
We have reviewed the subject documents and submit the following com- f
ments and questions for consideration: . !•
!
I. Page Ix Preface Section 3002 differences ["
Generators who ship hazardous waste to a foreign country are required
to inform the foreign government. Are generators required to inform
foreign countries if the material is only in transit through their
country? (In the case of material being shipped through the Panama Canal [
to be disposed of at sea, is the generator required to notify Panama?)
t:
2. Section 7.2.5 Land Use Impacts j.
Epic long-term capacity of land filling was not addressed. It -is ;
stated that "existing land uses would cease, either permanently or I
temporarily, on all land converted to hazardous waste management uses. f
Some agricultural, grazing, forest, recreational, and other lands could r
be removed from their existing uses." With a hazardous waste production |
of 4.7 million metric tons per year (table 5-21), it seems that I.3 square '
miles of land could be filled with a 20-foot thick layer each year. Elsewhere ;
in the document and in recently-issued proposed.regulations.in the Federal [
Register, EPA .discusses total current volumes of hazardous waste in the
35 million ton per year range, a figure that is expected to grow rapidly }
in the next few decades. How many years can we continue land filling on the t
scale this implies before the decrease in available land through waste [
containment has a significant effect on food production and other land [
uses? [
i
3. Page 7-202,' "Sites at which hazardous wastes have not been removed
would be precluded from residential and agricultural uses, and may
be,precluded from some recreational and grazing uses following closure."
If the intent of limiting the use.to non-agricultural purposes is to
keep highly persistent molecules out of the food chain, it will not work
due to wild animals, insects, and birds foraging on plants in the site
area. We recommend this concept be reviewed.
0-7 . f -
-------
4. Page 5-31, section 5.2.3.5, Waterway Transport
An impact that is not discussed is the possibility of a marine
accident that would cause the release of up to 1,500 tons of hazardous
waste into the Mississippi River or Gulf intercoastal waterways.
A discussion of the probability of it happening, similar to the
discussion on page 7-190 for highway, transportation, would be useful.
cc:
C2
0-8
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0.3 Department of Health, Education, and Welfare, Public Health
Service
0-9
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DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE
PUBLIC HEALTH SERVICE
CENTER FOR DISEASE CONTROL
ATLANTA, GEORGIA 30333
TELEPHONE: (40-i) 6 33-33 1 1
March 12, 1979
Mr. liichael Shannon
Office of Solid Waste, WW-565
U.S. Environmental Protection Agency
401 Li Street, S.W.
Washington, D.C. 20460
Dear Mr. Shannon:
We have reviewed tha draft environmental impact statement for Subtitle C,
Resource Conservation and Recovery Act of 1976. We are responding on
behalf of the Center for Disease Control.
The following comments are offered for your consideration:
1. The EPA Standards, as proposed, would not apply to a generator
producing less than 100 kilograms of hazardous waste per month.
While this amount might not be considered significant for some
chemicals, 100 kilograms of radioactive material or infectious
material could present a substantial problem if proper handling,
storage, transportation, and disposal practices are not observed.
2. The proposed standards would not apply to a generator who
stores hazardous wastes less than 90 days. Has the issue of
regulating all generators been considered since the improper
storage, handling, treatment, or disposal of hazsrdous'wastes
may represent a sustained threat to health irrespective of the
time factors involved?
3. On page S-19 of the DEIS it is estimated that 430,000 to
460,000 generators would have to comply with hazardous waste
regulations. An indeterminant number of "special waste" genera-
tors could also have to comply. These figures are inconsistent
with the statement noted on page 58946, column 3, of the December 18,
1978, Federal Register. That reference estimates approximately
270,000 waste generating facilities. This discrepancy should be
resolved since the actual number of generators will have a drastic
effect on the estimates of paperwork required under this regulation,
numbers of generators affected, and the potential health and safety
impact on the general population.
4. Using the figures in the Federal Register, it is estimated that
approximately 270,000 waste generating facilities and 10,000 trans-
porters will be regulated, although only about 30,000 of that number
0-10
-------
Page 2 - Kr. Kichael Shannon
will require treatment, storage, or disposal permits. Generators
would be phased over a 5-year period with the larger producers
brought iiito compliance first.
We do not agree with this philosophy and believe that through the
application of the regulations to everyone, many generators can
immediately be brought into "voluntary" compliance with little
effort. It is recognized that some firms "is.y require time exten-
sions to achieve compliance, but this extension should be on a
casd-by-case basis.
We appreciate the difficulties associated with the development of regula-
tions of this type and would be pleased to consult with you on the matters
of concern to us if you so desire. We would like to receive six copies of
the final statement when it is issued.
Sincerely yours,
Frank S. Lisella, Ph.D.
Chief, Environmental Affairs Group
Environmental Health Services Division
Bureau of State Services
0-11
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0.4 The Utility Solid Waste Activities Group and the Edison Electric
Institute
0-12
-------
UTILITY SOLID WASTE ACTIVITIES GROUP
SUITE 4-01
1140 CONNECTICUT AVENUE, N.W.
WASHINGTON, D.c. 20036
(202) 862.3800
March 16, 1979
The Honorable Douglas M. Costle .
Administrator
United States Environmental
Protection Agency
401 M Street, S.W.
Washington, D. C. 20460
Re: Comments on Proposed Rules Under Sections
3001, 3002, 3003 and 3004 of the Resource
Conservation and Recovery Act of 1976
Dear Mr, Administrator:
We are today submitting to your staff comments on
the regulations proposed to implement Sections 3001-3004 of
the Resource Conservation and Recovery Act of 1976 ("RCRA").
These comments have been prepared by and filed on behalf of
the Utility Solid Waste Activities Group ("USWAG") and the
Edison Electric Institute ("EEI"). USWAG is an informal
consortium of approximately 65 utility operating companies
and EEI. -
You 'were gracious enough to meet with John J.
Kearney, Senior Vice President of EEI, myself, our counsel
and representatives of your staff on September 13, 1978. to
discuss USWAG's 'concern with the scheduling, timing' and over-
all implementation of RCRA. At that meeting, representatives
of USWAG described the informational and technical problems
which hasty implementation of RCRA would cause for generators
of high volume electric utility waste. Among the points
stressed to you was EPA's lack of adequate information about
utilities. USWAG further offered to cooperate with EPA in
every way possible to support a rational and economically
feasible regulatory program consonant with the statute. Our
comments submitted today reflect our. good intentions.
Subsequent to our meeting, the United States
District Court for the District of Columbia set a schedule
for promulgation of RCRA regulations. EPA determined to close
on March 16, 1979 the comment period for proposed regulations
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The Honorable Douglas M. Costle
March 16, 1979
Page Two
under Sections 3001-3004. By letter of February 27, 1979, at
my request, USWAG's counsel sought an extension of time to
submit USWAG's comments until at least 60 days after publica-
tion of proposed regulations under Sections 3005 and 3006.
We have been informally advised that this request for addi-
tional time has been denied. I/
We wish to stress to you USWAG's fundamental posi-
tion that the vast majority of utility byproducts are not
hazardous and thus are not subject to regulation under
Subtitle C of RCRA. We believe that EPA has reached the
conclusion that fly ash, bottom ash and sludge may cause
damage to human health or the environment because of a mis-
apprehension of the nature of these byproducts. EPA has
candidly admitted that it possesses only extremely limited
information on this subject at the present time. We believe
that no basis presently exists for consideration of utility
solid wastes under Subtitle C, and accordingly urge that
EPA defer consideration of the entire matter to a later rule-
making. If any interim regulation is necessary at all, it is
appropriate to impose only such minimal temporary requirements
as accord with current utility practice. We believe that this
approach allows your Agency to devote its resources to prob-
lems of major significance. Current utility disposal prac-
tices are sound, and existing information indicates that
utility wastes do not nose any substantial threat to human
health or the environment.
The comments submitted today are as complete and
detailed as we could prepare in a limited time period. We
hope that dialogue on a technical level can continue so that
the full implications of the impact of RCRA oh the utility
industry may be understood and assessed. Finally, we ask
that you, as Chairman of the Regulatory Council, consider
the severe economic impact which these proposed regulations
would have on our industry and the public.
We hope that our comments can assist your Agency
in narrowing issues and bringing this important program into
I/ We note that the March 12, 1979 Federal Register
contained a notice of an extension of time for
comments on a very limited part of the Section 3001
proposals.
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The Honorable Douglas M. Costle
March 16, 1979
Page Three
focus. Representatives of USWAG stand ready to meet with
you and your staff at any time.
Very truly yours,
Paul Emler,'Jr.
Chairman, Policy Committee
cc: Mr. John P. Lehman, Director
Hazardous Waste Management Division
Office of Solid Waste
U.S. Environmental Protection Agency
401 M Street, S.W.
Washington, D. C. 20460
(with 4 sets of comments)
Ms. Joan Z. Bernstein
General Counsel
U.S. Environmental Protection Agencv
401 M Street, S.W.
Washington, D. C. 20460
(with 1 set of comments)
Mr. Thomas C. Jorling
Assistant Administrator for Water
and Waste Management
U.S. Environmental Protection Agency
401 M Street, S.W.
Washington, D. C. 20460
(with 1 set of comments)
Mr. Steffen W. Plehn
Deputy Assistant Administrator for
Solid Waste
U.S. Environmental Protection Agency
401 M Street, S.W.
Washington, D. C. 20460
(with 1 set of comments)
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COMMENTS ON PROPOSED RULES
UNDER SECTION 3001, 3002, 3003 and 3004
OF THE
RESOURCE CONSERVATION AND RECOVERY ACT OF 1976
Submitted by
The Utility Solid Waste Activities Group
and
The Edison Electric Institute
to
The United States
Environmental Protection Agency
March 16, 1979
Volume III-A
Appendices
Of Counsel:
Wald, Harkrader & Ross
1320 - 19th Street, N.W.
Washington, D.C. 20036
Paul Emler, Jr.
Chairman, Policy Committee
Richard C. Clancy
Chairman, Steering/Audit Committee
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TABLE OF CONTENTS
APPENDIX NUMBER DESCRIPTION
VOLUME III-A
1 Fossil-Fuel Plant Background Information
2 Summary of Economic Analyses
3 Economic Impact of Interim RCRA
Regulations
4 Assessment of Economic Impact of RCRA
Subtitle C Requirements in the Absence
of Special "Utility Waste" Provisions
5 . Cost Impact of Proposed Low Volume
Solid Waste Requirements, Groundwater
and Surface Water Runoff Criteria
6 Critique of the Draft Economic Impact
Analysis on Subtitle C of the Resource
Conservation and Recovery Act of 1976
7 Critique of the Draft Environmental
Impact Statement on Subtitle C of the
Resource Recovery and Conservation Act
of 1976
8 Critique of the Regulatory Analysis on
Subtitle C of the Resource Conservation
and Recovery Act of 1976
VOLUME III-B
• 9 • 'Assessment of EPA Toxicity Testing
Protocol (Section 3001 of RCRA)
10 Assessment of Proposed RCRA Regulation
Requiring Groundwater Monitoring System
(Section 250.43-8)
11 . Report on Utility Solid Wastes as a
Resource for Recovery and Utilization
12 Impact of Section 250.45-1 Incinerator
Standards on Electric Utility Industry
Practices
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Letters:
G. Fred Lee to John P. Lehman,
June 12, 1978
H. J. Stremba to Douglas Costle,
December 2, 1978, enclosing letter
from B. Charles Malloy and William
C. Webster to Douglas Costle,
December 1, 1973
R. K. Ham to John P. Lehman,
January 24, 1979
14 Statenents by USWAG and EEI Witnesses
at Public Hearings on Proposed RCRA
Regulations:
Francis J. Batchelder, February 7, 197
Merlin Horn, February 15, 1979
Paul Eraler, Jr., February 22, 1979
Kenneth Ladd, March 7, 1979
Edward G. Gladbach, March 13, 1979
15 Comments of Electric Utilities on EPA1
Draft Policy Guidance Regarding the
Discharge of Solid Wastes into the
Waters on the United States
16 Affidavit of Emil F. Dul, December 13,
1978, Attachment B to Comments of
Central & South West Corporation, e_t
a1., on Defendants' Proposed Schedule
for Promulgation of Solid Waste
Regulations, Illinois v.-Costle,
D.D.C. Civil Action Nos. 78-1689
et al., December 13, 1978.
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CRITIQUE OF
THE DRAFT ENVIRONMENTAL IMPACT STATEMENT
ON SUBTITLE C OF
THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976
ENVIROSPHERE COMPANY
A DIVISION OF EBASCO SERVICES INCORPORTED
19 Rector Street
New York, New YorJc
March 16, 1979
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I. INTRODUCTION
This report presents Envirosphere Company's critique of
the Draft Environmental Impact Statement (DEIS) prepared by the
U.S. Environmental Protection Agency (EPA), and published as
Background Document 33 to support proposed draft regulations
pursuant to Subtitle C, Resource Conservation and Recovery Act of
1976 (RCRA). This critique has been prepared at the request of
the Utility Solid Waste Activities Group (USWAG) as part of the
overall USWAG effort to review all information pertinent to the
current rulemaking in order to assess the impact of RCRA on the
electric utility, industry and its customers and to present
responsible comments thereon.
Envirosphere Company is a division of Ebasco Services
Incorporated. Ebasco is one of the world's leading engineering
and construction companies/ and has been in business for over 75
years. It is primarily engaged in the engineering and construc-
tion of power plants (nuclear/ fossil and hydro). Envirosphere
is the division of Ebasco responsible for providing environ-
mental engineering and scientific consulting services to clients
in both the private and public sectors. Envirosphere and its
precursor, the Consulting Environmental Engineering Department
of Ebasco, have provided such services to industry and government
since the late 1960's. Envirosphere Company has had extensive
experience with the Environmental Impact Statement process hav-
ing prepared over 25 environmental reports associated with the
licensing of industrial facilities entailing a combined capital
investment of over twenty billion dollars.
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The format of this report includes:
* a description of the scope of or criteria for the
critique;
* a summary of the DEIS which describes the purpose
of the DEIS, as presented therein, and briefly
outlines its contents;
* a critique of the DEIS with respect to the criteria
previously identified;
* a summary of conclusions regarding the value of the
DEIS as support for EPA's proposed Subtitle C regu-
lations.
II. SCOPE OF CRITIQUE
The critique of the DEIS has involved a number of
different considerations. However, in its most basic sense, the
critique has concentrated on assessing the factual support for
and meaningfulness of the information in the DEIS and on exam-
ining the overall logic of the presentation. In effect, Enviro-
sphere has attempted to determine the extent to which the DEIS
does serve or can serve as effective support for EPA's proposed
Subtitle C regulations.
The DEIS has also been examined in light of those
typical requirements/standards for Environmental Impact State-
ments as required by Section 102(2)(C) of the National Environ-
mental Policy Act of 1969 (NEPA). In this regard, EPA's procedures
with respect to voluntary Environmental Impact Statements for
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regulatory actions were reviewed. These procedures are set
forth in the Federal Register, Vol. 39, No. 204, October 21,
1974; the EIS guidelines/contents requirements, as presented
therein, are summarized in Exhibit 1.
The DEIS has also been examined, specifically, with
respect to the attention given to the electric utility industry.
In this regard, consideration was given to the extent to which
EPA had knowledge of that industry; the validity of EPA's basic
information; the impacts of the proposed regulations on the
electric utility industry were assessed; and the validity of
such assessments.
III. SUMMARY OF DEIS
The intent of the DEIS, as indicated in its Preface,
is to present analyses of the proposed Subtitle C regulations
as well as of alternatives to the proposed regulations which
were considered.
The DEIS contents include:
* descriptions of the proposed action (namely, the
RCRA Subtitle C regulations) and of related
federal and state regulations and legislation;
* descriptions of the alternatives to the proposed
action as well as of the rationale employed in
selecting the alternatives;
* descriptions of the environmental and social
impacts that would be expected for the proposed
action and for each of the alternatives.
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The DEIS considered four alternatives to the proposed
action identified as follows:
* No Action
* Phasing of Generators
* Enhanced Public Health and Environmental Protection
* Lesser Degree of Public Health and Environmental
Protection
Descriptions of each of these alternatives as well as
of the rationale given for their selection are presented in
Exhibit 2. For the proposed action and alternatives, the DEIS
describes primary impacts (those directly attributable to the
implementation of the regulations) and secondary impacts (those
indirectly attributable). Primary impacts include considera-
tion of such matters as administrative requirements; air im-
pacts; water impacts; and public health impacts. Secondary
impacts include consideration of matters such as physiography
and soils impacts; biological impacts; social impacts; and
hazardous wastes management facility capacity.
IV. CRITIQUE OF DEIS
Introduction
The review of the DEIS has resulted in the identifi-
cation of several major limitations with respect to the DEIS.
These limitations are identified below and are described in
greater detail in the subsequent sections of this report.
A. Major DEIS Limitations
* The DEIS lacks quantitative estimates which measure
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impact assessments in absolute terms.
* The impact assessments which are presented in the
DEIS (almost exclusively qualitative) are based on
an incomplete data base developed from available
information for only certain manufacturing industries
(not including the electric utility industry).
* The meaningfulness of the alternatives considered is
believed questionable since there is no demonstration
or support that they, in fact, reasonably consider
the range (i.e., "bracket") of the resultant impacts
that could result from the proposed or alternative
strategies.
* The assessment of alternatives, each being considered
as a combination of several regulatory options, does
not permit the determination of the importance/
sensitivity of the effect or impact of each of the
individual regulatory options which make up the whole
of a particular alternative.
* The assessments of the alternatives to the proposed
regulations are presented in qualitative and relative
terms and do not allow for meaningful distinctions
among and between the alternatives and the proposed
action.
* The assessment of the alternatives, because of the
underlying assumption that the degree of hazard is
directly related to the volume of the waste, is of
questionable value.
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* There is no overall comparative assessment of the
alternatives versus the proposed regulations which
would present, from an overall perspective, the
rationale for the selection of the proposed regu-
lations.
* The DEIS addresses the electric utility industry
and the impacts related to its o'eradions only
minimally and openly confesses to a lack of
information/knowledge with respect to this industry.
B. DEIS Lacks Quantitative Analyses
In its most basic sense, the objective of an environ-
mental impact statement is to document meaningfully and describe
the environmental impacts of the proposed action and alternatives.
It is essential that the impacts be defined accurately and clearly
in order to support reasonable and responsible decisionmaking.
Moreover, in this connection, EPA's own procedure for Environ-
mental Impact Statements for regulatory actions clearly state
"Statements shall provide meaningful and factual data, informa-
tion, and analyses."
In this most crucial aspect of an impact statement,
the DEIS is seriously deficient because of the lack of quanti-
tative and specific data and information, especially in key
decision-making areas. Typically, when assessments are attempted
in the DEIS, they are presented on a comparative, qualitative
•
basis, presumably based on the judgment of EPA and their con-
tractors. This absence of quantitative, absolute data and
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information effectively frustrates any attempt to distinguish
clearly either absolute or incremental effects or impacts of
the proposed or alternative actions.
Exhibit 3 presents numerous excerpts from the DEIS
summary and Chapter 7 ("Impacts of the Proposed Action") which
clearly demonstrate the qualitative nature of the impact assess-
ments. As demonstrated by the excerpts presented in Exhibit 3,
the impact assessments are replete with such terms as "should
be significantly reduced"; "a large portion"; "an indeterminable
number"; and "uncertainties exist."
The following are examples drawn from Exhibit 3 which
further demonstrate this lack of specificity.
* In Excerpt 5, the DEIS addresses a "major impact" of
the regulations, namely, the closing and/or modifica-
tion of existing waste management facilities. Yet,
other than indicating that a "large portion" of
existing facilities would require modification, no
estimates are presented as to numbers, locations,
costs, or other relevant factors regarding closings
and/or modifications.
* In Excerpt 9, in addressing improved air quality as
a result of the regulations, the DEIS indicates that
"for the most part," the regulations would lead to
improvements in air quality. No estimates are pro-
vided of the extent of such improvements.
* In Excerpt 13, the DEIS indicates that the benefits
of containerization which would "potentially"
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decrease the number and size of spills would be
counterbalanced by increased handling and transport
that could result from a shift to off-site treatment
or disposal. This type of statement does not provide
much meaningful information with respect to the pro-
posed regulations' improvement of the environment vis-
a-vis spills of hazardous waste/ or for that matter the
environmental (or economic) consequence of increased
disposal off-site.
* In Excerpt 14, the DEIS clearly confesses a lack of
information on current groundwater contamination as
well as on improvements that would result from the
regulations. A statement of this nature is quite
disturbing because the regulations require extensive
expenditures of time and money to provide for ground-
water monitoring and protection. Surely, there should
be a more accurate understanding of the current situa-
tion and the anticipated improvements (for the proposed
action as well as for the alternatives) before applying
the regulations as proposed.
In summary, on this particular point, the DEIS does not
nor does it purport to present specific, quantitative estimates of
the impacts of the regulations and alternatives. The DEIS does
present qualitative, subjective judgments which seem to be no more
than conjecture unsupported by hard, factual information. This is
hardly the kind of "meaningful and factual data, information, and
analyses" concerning environmental impacts which could effectively
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aid the decision-maker in developing the RCRA Subtitle C
regulations.
•
C. DEIS Is Based On An Incomplete And Limited Data Base
The previous continent noted that the impact assessments
represented qualitative, subjective judgments and not quantitative
estimates. The value and meaningfulness of these assessments are
further weakened by the fact that they have been based on a limited
data base representative of only the manufacturing industries.
(Exhibit 4 presents excerpts from the DEIS which clearly outline the
limitations in the data base used to support impact assessments.)
The reasoning behind the selection of the manufacturing industries
as the source of the data base was stated by EPA, as follows:
"Because most available data relate to manufacturing industries,
the emphasis of the impact analysis is necessarily directed toward
manufacturing industries." In fact, the completeness of even
that data base was called into question by EPA through the fol-
lowing statement:
While every one of these manufacturing
establishments is not likely to be a potential
producer of hazardous wastes, the limited data
preclude an accurate determination of the number
that are ....
While there would seem to be ample justification to
question the selection of the manufacutring industries data base
as the basis for impact assessments in the DEIS, this comment
relates not to the matter of data base selection, but to the
inappropriateness of the DEIS subjective/qualitative judgments
(based on manufacturing industry waste information) as applied
to other industries' wastes. The differences in waste charac-
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teristics and treatment and disposal practices between industries
and industrial groupings are extremely significant. This was
recognized to a great extent by EPA in establishing the "special
wastes" category.
Notwithstanding the special waste categorization, the
proposed regulations do apply to and will have significant impacts
on non-manufacturing industries. Yet, there has been no effort
made to evaluate just what the impacts will be for these industries
and whether or not the regulations are accordingly justified. This
is a serious deficiency in the DEIS which significantly limits its
usefulness to support decision-making.
D. Meaningfulness Of Alternatives
In choosing the alternatives to the proposed regulations,
the approach taken in the DEIS, as stated by EPA, was "to select
and to develop a manageable set of meaningful alternatives that
reasonably bracket the overall objectives and the resultant impacts
anticipated from whatever set of regulations are ultimately promul-
gated ....." We question the meaningfulness of EPA's alternatives
selection on two accounts.
First, EPA does not provide any support or foundation to
demonstrate that the alternatives that were selected actually do
bracket the anticipated overall objectives and resultant impacts.
We believe that such a demonstration by EPA is in order. Our basic
contention in suggesting such a need is that unless the "world"
that is to be affected (in this case, by the proposed or alternative
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regulations) is reasonably well known and defined, one cannot
reasonably assume that the appropriate "bracket" has been
established or that the resultant impacts have been bracketed.
More specifically, and as reviewed previously, EPA has stated
that the focus of its assessment has been with respect to
manufacturing industries and that in many of these, the number
of hazardous waste generators are not known. Alternatively
stated, EPA has assessed the impacts of the regulations (i.e.,
proposed and alternatives) based on a "sample" of the "world" that
will be impacted while it has demonstrated no support that its
"sample" is representative.
If it were discovered that the "sample" used by EPA in
its analysis was not representative, it is possible that the impacts
such as plant closings or community out-migration could become
extremely significant. Given that EPA has not quantified the
absolute impacts of each of its alternatives nor quantified the
incremental quantitative impacts among the alternatives and the
proposed action, the reviewer has no reasonable way of accepting
that the alternatives are meaningful ones which truly bracket
the impacts from "whatever set of regulations that are ultimately
promulgated . . . ."
Second, we question the meaningfulness of the alterna-
tives since each alternative represents a combination of many
different regulatory mechanisms and controls (see Exhibit 2 for
a description of the alternatives). For example, the lesser
degree of control alternative involves elimination of the
identifying characteristics test of hazardousness, increasing
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the cutoff to 1000 kg/month, and other changes. Similarly/ en-
hanced degree of control involves elimination of the special waste
standards, no cutoff and expansion of the identifying characterisitcs
applicability. Thus, when assessing the impact of an alternative,
the DEIS is presenting the combined impact of a number of regulatory
options. By this method of evaluation, the importance/significance
of each of the regulatory options which make up a whole alternative
is lost. For example, if 90 percent of the benefits accruing from
the enhanced degree of control are achieved by eliminating the
cutoff and very little benefit is achieved through expanding the
identifying characterisitcs test (at probably considerable addi-
tional cost and inconvenience), these factors would be essential
to the development of meaningful and cost effective regulations.
The alternatives as they are presently structured do not allow
for this type of regulatory option "sensitivity analysis."
The alternatives evaluation, in our opinion, should be
structured so as to test the impact of each regulatory option,
in and of itself. Thus, those options having real and signifi-
cant benefits could be identified and included in the final regu-
lations. Conversely, those options that have questionable or
limited benefits but real and significant costs could be excluded.
E. Relative/Qualitative Nature Of Alternatives Assessment
As was the case for the impact assessment of the pro-
posed regulations (see our comments in Section IV-B), the DEIS
presents assessments of the impacts of the alternatives which
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are for the most part qualitative in nature and seriously
deficient with respect to absolute/quantitative measures of
impacts. Because the alternatives are assessed in such a
qualitative/subjective fashion/ the meaningfulness of the
assessments cannot be determined and the overall value of the
evaluation of alternatives is questionable.
The problem is further compounded by the fact that,
in comparing an alternative to the proposed regulations/ the
comparison is carried out in relative terms. Thus/ we are told
that a particular alternative will have a "greater" or "lesser"
impact than the proposed regulations without being told how much
greater or how much lesser that impact will be. Further/ we are
given no indication of how significant or important this particu-
lar difference in impact is. When this is viewed in light of the
fact that we have not been presented an assessment in quantitative
terms of the impact of the proposed regulations ~ to which we are
comparing the alternative ~ the value and credibility of the DEIS
to support federal agency decision-making is open to significant
doubt.
The following are excerpts drawn from the Summary of
the DEIS which typify this method of impact assessment.
1. In comparing the no action alternative to the
proposed regulations/ it is stated (Summary/
p. S-40) that "the overall control of hazardous
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wastes would be much less effective .
than with the proposed regulations. How much
is "much less effective" and just what would
these impacts be? How significant are they?
2. Further, in comparing the no action alterna-
tive to the proposed regulations, it is stated
(Summary/ p. S-40) that "[i]n any state with
significantly less stringent regulations than
it would have under the Federal Program, there
could be a significant increase in public
health and environmental problems relative
to those that would occur under Subtitle C
regulations." What are the increases in
public health and environmental problems?
How significant are they? In which states
might they occur?
3. In comparing the Phasing Alternative to the
proposed regulations, it is stated (Summary,
pp. S-42 and S-43) that "there would be an
increased potential for the release of air,
water, and soil contaminants." Just what
the increases might be is not stated.
4. Further, in comparing the Phasing Alterna-
tive to the proposed regulations, it is
stated (Summary, p. S-43) that "[t]o the
extent that increased releases were to
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occur, there would be an increased poten-
tial for the occurrence of adverse public
health and environmental impacts." First,
ffce extent to which there would be increased
releases of air, water, and soil contaminants
has not been defined. Second, the extent
and significance of increased occurrences
of adverse public health and environmental
impacts are not presented.
5. In comparing the Enhanced Public Health
and Environmental Protection Alternative
to the proposed regulations, it is stated
that "[t]he regulations under this alter-
native would have the potential to cause
further changes, primarily reductions, in
the release of air emissions.and water ef-
fluents from the generation, transport,
storage, treatment and disposal of hazard-
ous wastes, as compared to the proposed
regulations." Estimates of the extent and
significance of such changes ~ which are
purported primarily to be reductions —
are not presented.
6. Further, in comparing the Enhanced Public
Health and Environmental Protection Alter-
native to the proposed regulations, it is
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stated (Summary, p. S-49) that "[t]he reg-
ulations under this alternative would have
the potential for further increasing the
public health benefits to be derived from
the control of hazardous wastes. The regu-
lations would reduce the potential for the
release of air, water, and soil contami-
nants from hazardous waste management
and, thus, for resultant public health
impacts." The extent and significance
of such reductions are not presented.
F. DEIS Assumes Direct Relationship Between Waste Volume
And Impact
In comparing the impacts of the proposed regulations
to those of the alternatives and, in fact, in assessing the
impacts of the alternatives, EPA's asessments often contained
an underlying assumption that degree of hazardousness was di-
rectly related to waste volume. This is obviously an incorrect
assumption; one, in fact, to which EPA would certainly not
subscribe. However/ as a result of a lack of information and
a lack of other available assessment means, EPA often assessed
the alternatives in terms of the volumes of wastes generated.
As a result of the inclusion of this incorrect assumption,
the results of EPA's analysis could be extremely misleading.
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This point can best be demonstrated by the example
of the assessment of the phasing alternative. The phasing
alternative consisted of increasing the volume of waste under
control at a rate of 20 percent per year, resulting in all
wastes being subjected to control after an initial five year
period. In assessing this particular alternative, EPA's analy-
sis was directed at the volume of waste under control without
giving consideration to the threat to public health, welfare
and the environment inherent in the waste, regardless of volume.
Specifically, a "straight line" type of approach is
implied in the analyses. That is, if 20 percent of the total
wastes is managed, then 20 percent of the ultimate benefit is
achieved at 20 percent of the cost. This is obviously an overly
simplistic approach and, indeed, may well ignore reality. For
example, management of relatively small wastes could yield far
greater proportionate benefits if such wastes had high risks
or high potential for environmental harm. Ultimately, it may
'be possible to control less than that amount of wastes currently
expected by EPA with far less dislocation and greater benefit.
We suggest that a more meaningful approach to analyz-
ing this alternative would entail focusing on "threat" or "risk"
potential of wastes and the step-wise management of those posing
the greatest risk/threat first and the least risk/threat last.
In the analysis of such an approach, the benefits/disadvantages
that may accrue to society by allowing monitoring of the results
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(iȣ*' actual cost/benefit) at the end of years one through
"n" could be assessed and allow for "re-focus" of the regu-
lations as a function of time.
G. Lack of Overall/Comparative Assessment Of Alternatives
The OEIS describes the proposed regulations and
four alternative sets of regulations (see Exhibit 2 for
description of the alternatives). It presents an impact
assessment (albeit qualitative) for the proposed regula-
tions and individual assessments for each alternative
relative to the proposed regulations. There is, however/
no overall/comparative assessment indicating/ all things
considered/ how the proposed regulations and the alterna-
tives "stack up" one against the other. This is in direct
contradiction to the EPA guidelines for impact statements
on regulatory actions (see Exhibit 1) which require that
"the reasons why the proposed action is believed by the
Agency to re dhuobuctocourse of action shall be explained."
Obviously/ EPA has decided that the proposed
regulations/ in an overall sense/ are preferred as compared
to each of the alternatives. However/ the rationale for
why the proposed regulations are preferred is not presented.
Each of the alternatives and the proposed regulations are
compared in specific areas. That is/ the phasing alterna-
tive may require less paperwork than the proposed regula-
tions and from that standpoint is preferred. Similarly/
the lesser degree of control alternative will result in
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greater emissions of air/ water and soil contaminants and from
that standpoint may be inferior to the proposed regulations.
What is lacking, however/ is an analysis combining the positive
and negative aspects of each of the alternatives in comparison
to the proposed regulations and demonstrating the overall de-
sirability of the proposed regulations.
a
We feel that such an overall/comparative assessment
considering economic/ social and environmental costs and bene-
fits is required. Since the DEIS does not include economic
cost estimates (this information is supposedly included in the
Economic Impact Analysis which is referenced)/ the least that
the DEIS could do is to present an analysis from the standpoint
of the environmental and social considerations which have been
addressed. As it currently stands/ we feel that the document
is inconclusive and does not present EPA's reasoning for its
selection of the proposed regulations.
H. Lack Of An Impact Assessment With.Respect To Utility
Industry Wastes
The DEIS does not include nor does it purport to
include an impact assesment of the proposed regulations with
respect to utility industry wastes whether these wastes be high
volume wastes and included in the special wastes category or
otherwise. The draft impact statement does point out that
certain utility wastes/ because of unique characteristics/ have
been included in the "special wastes" category wherein (provided
0-38
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- 21 -
they are found to be hazardous under an identifying characteris-
tics test of Section 3001), they would only be subject to some
of the Subpart D requirements. No impact assessment is, how-
ever, presented with respect to the impact of even those limited
requirements on the electric utility industry wastes which fall
under the special waste category. Moreover, no assessment is
presented with respect to the impact of the entire set of regu-
lations on all other utility wastes which are not included in
the special wastes category.
Specifically, by way of example, the DEIS does not
address:
* the impact of the "regulatory floodway,"
"coastal high hazard area," "500 year
floodplain," etc. exclusion criteria?
* the impact of the "security," "manifest-
ing" or "visual" inspections require-
ments;
* the need for or impact of the "closure"
and "post-closure" care requirements on
the electric utility industry;
* the basis for or the impact of requiring
groundwater monitoring at utility in-
dustry power plants.
With respect to the electric utility industry —
its operations and resulting wastes — the impact statement
evidences a significant lack of information and knowledge.
0-39
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- 22 -
In fact, this lack of informationAnowledge is often presen-
ted as the reasoning behind not giving a fuller appraisal of
the impact of the regulations on this industry and its wastes.
This admitted lack of informationAncnledge, at the same time/
serves to undercut very significantly the meaningfulness and
the basis of EPA's proposed regulations as they apply to the
electric utility industry.
Exhibit 5 presents excerpts from the DEIS wherein
the electric utility industry or the special wastes category
are mentioned. It clearly demonstrates that only minimal/
insubstantial attention has been given this most significant
industry which could be considerably affected by the regula-
tions. In this regard, the following points should be noted:
Notwithstanding an admitted lack of information on
the electric utility industry and its wastes, the DEIS refers
in numerous instances to wastes resulting from the combustion
of coal as "potentially hazardous" (see Excerpts 15, 16, 17
and 20 of Exhibit 5). In reality, in accord with the regula-
tions, every waste is potentially hazardous until a specific
determination based on the Section 3001 testing procedures is
made. Identification, at this stage, of a particular waste
as being potentially hazardous (without any knowledge of whether
or not it will be determined to be hazardous or, if so, to what
extent)/ is patently irresponsible. Industries whose wastes
have been identified and characterized as such could suffer
serious consequences purely from such a characterization.
0-40
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- 23 -
Clearly, because of the obvious implications, it is incumbent
upon EPA to refrain from giving inappropriate and damaging
"labels" to wastes when, in fact, it is acting without factual
data and information.
Excerpt 23 (Exhibit 5) refers to a table in the
DEIS which lists 57 cases of groundwater contamination caused
by leakage of wastewater from surface impoundments. One of
these 57 cases is reported as iron and manganese pollution
from an electric utility industry source. However, no detail
or further information is given on the impact, if any, on
public health or the environment. Moreover, in referring to
this particular table in the DEIS, EPA refers to the table
as presenting incidents of groundwater contamination due to
hazardous waste disposal. This is obviously in conflict with
the title of the table, "Origins and Pollutants in 57 Cases
of Ground Water Contamination in the Northeast Caused by Leak-
age of Waste Water from Surface Impoundments," and certainly,
without presenting any further information, seems to be a
rather careless use of the characterization "hazardous." At
a broader level, the DEIS has not considered recovery and
utilization potential of utility industry wastes or the extent
to which such potential may be foregone by the proposed regula-
tions. (A complete discussion of reuse and recovery is inclu-
ded in these comments in the appendix entitled "Summary Re-
port on Large Volume Electric Utility Industry Solid Wastes
as a Resource For Recovery and Utilization.") In a similar
vein, the DEIS has not considered the impact of the regulations,
0-41
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- 24 -
vis-a-vis reduced coal consumption/ on U.S. plans to develop
our coal reserves extensively in order to achieve energy in-
dependence.
CONCLUSION
Because of all of the limitations discussed in Chap-
ter 4, but primarily because of the lack of meaningful and
factual data, information and analyses regarding the environ-
ental impacts of the proposed action and alternatives, we con-
clude that the DEIS provides little credible support for the
proposed Subtitle C regulations. For the most part, informa-
tion presented in the DEIS is qualitative and conjectural in
nature and unsupported by hard, factual information. It does
not provide credible support for the development and/or adop-
tion of the specific regulations which have been proposed.
With respect to the electric utility industry, the
DEIS does not present, nor does it purport to present, an
analysis of the impacts of the proposed regulations. In fact,
the DEIS often times points out the inadequacies in the data
and information available to characterize electric utility in-
dustry operating practices and wastes. Consequently, because
of the repeated admissions regarding the limited knowledge and
information of the electric utility industry, the DEIS, rather
than provide support for the regulations, actually undermines
their applicability to this particular industry.
0-42
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EXHIBIT I
SUMMARY OF SPA'S GUIDELINES
FOR THE CONTENT OF
ENVIRONMENTAL IMPACT STATEMENTS
FOR REGULATORY ACTIONS
The following represents summarizations and excerpts
from EPA's guidelines (Federal Register, Vol. 39, No. 204, Oc-
tober 21, 1974) for the content of Environmental Impact State-
ments for regulatory actions.
BODY OF STATEMENT
"The body of the impact statement shall include the
material discussed in the several sections below."
"Impact statements shall not be justification docu-
ments for proposed Agency actions. Rather, they shall be objec-
tive evaluations of actions and their alternatives in light of
all environmental considerations."
"Statements shall provide meaningful and factual data,
information, and analyses."
"The presentation should be simple and concise, yet
include those facts necessary to permit an evaluation and ap-
praisal of the beneficial and adverse environmental effects
of alternative actions."
0-43
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EXHIBIT 1 (Continued)
(1) Background and Description of Proposed Action
This section should present descriptions of the proposed
action, its purpose and its relationship to other actions
significantly affected by the proposd action.
(2) Alternatives to the Proposed Action
This section should present a description and evaluation
of the reasonable alternatives to the proposed action.
"The analysis should be sufficiently detailed to reveal
the Agency's comparative evaluation of the beneficial
and adverse environmental, health, social, and economic
effects of the proposed action and each reasonable alter-
native, including the identification of the uncertainties
associated with the evaluation."
"This analysis shall evaluate alternatives in such a man-
ner that reviewers can judge their relative desirability.
In addition, the reasons why the proposed action is be-
lieved by the Agency to be the best course of action
shall be explained."
(3) Environmental Impact of the Proposed Action
This section should present a description of the primary
and secondary impacts, both beneficial and adverse, an-
ticipated from the action.
0-44
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H
EXHIBIT 1 (Continued)
"(A) Primary impacts are those that can be
attributed directly to the action, such
as reduced levels of specific pollutants
brought about by a new standard and the
physical changes that occur in the various
media with this reduction.
"(B) Secondary impacts are indirect or induced
impacts."
(4) Other Considerations
This section should include descriptions of:
(A) Adverse impacts which cannot be avoided
should the proposal be implemented."
(B) Relationship between local short term
uses of man's environment and the main-
tenance and enhancement of long term
productivity.".
'(C) Irreversible and irretrievable com-
mitments of resources which would be
involved in the proposed action should
it be implemented."
'(D) A discussion of problems and objections
raised by other Federal, State, and local
agencies and by other persons in this
review process
."
0-45
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EXHIBIT 2
DESCRIPTION OF ALTERNATIVES
CONSIDERED IN THE DRAFT
ENVIRONMENTAL IMPACT STATEMENT
The DEIS involved consideration of four alternatives to
the proposed Subtitle C regulations. The alternatives were
selected purportedly because they "reasonably bracket the over-
all objectives and the resultant impacts anticioated from
whatever set of regulations are ultimately promulgated under
Subtitle C. With this approach it is possible to show the
range and types of potential impacts that could result under
various alternatives without having to explicitly consider the
most infinite variety of options for accomolishing the same or
intermediate objectives." The alternatives selected by EPA
and considered in the DEIS are as follows:
No Action - assumes no part of RCRA to be imple-
mented and that hazardous waste management would
continue as currently practiced.
Phasing of Generators - involves increasing the
quantity of wastes controlled during the first
five years following promulgation of the regu-
lations by gradually expanding the number of
generators brought under control. The generator
limit is to be reduced so that equal amounts of
hazardous wastes are annually brought under the
program's control over the five-year period, .i.£.,
0-46
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EXHIBIT 2 (Continued)
20 percent of the total industrial hazardous waste
per year.
Enhanced Public Health and Environmental Protection -
involves expanding the definition of hazardous waste
"in order to bring additional wastes under control
of the program; to remove exclusions provided for
hazardous waste generators; to apply more stringent
design and operational requirements for storers,
treatersr and disposers; to eliminate the special
standards for 'special wastes'; to reduce reporting
intervals for storers, treaters, and disposers; to
eliminate the use of delivery documents in lieu of
manifests; and to decrease the life of permits and
impose additional restrictions on obtaining permits."
Lesser Degree of Public Health and Environmental
Protection - involves modifying the definition of
hazart uc gacduco"in order to bring fewer wastes
under the control of the program; to increase exclu-
sions provided for hazardous waste generators; to
reduce manifest requirements; to apply less stringent
design and operational requirements for storers,
treaters, and disposers; to eliminate regulations
of 'special wastes'; to decrease record keeping
times . . . ; to increase the length of permit
0-47
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EXHIBIT 2 (Continued)
exclusions for generators, who store prior to off-
site disposal; to eliminate restrictions on in-
terim authorization; and to ease restrictions on
full and partial authorization."
0-48
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EXHIBIT 3
DEIS EXCERPTS DEMONSTRATING QUALITATIVE NATURE
OF IMPACT ASSESSMENT
(1) Page S-12 - "The impact analysis is both generic
in scope and conducted on a national level due to
the extreme waste-specific, process-specifier and
site-specific nature of most impacts, and due to
the data limitations noted in the text."
(2) Page S-15 - "In addition, since one major result
of the regulations would be to increase hazardous
waste generation, storage, treatment, and disposal
costs, generators would have an incentive to modify
processes so as to reduce and/or change the types
and amounts of hazardous wastes generated, and to
enable the increased recycling of hazardous wastes
as process feedstocks."
(3) Page S-15 - "There are numerous reported instances
of hazardous waste transporters dumping wastes sur-
reptitiously, rather than delivering the wastes
to an environmentally acceptable storage, treatment,
or disposal facility. The manifest and reporting
requirements should significantly reduce, if not
eliminate, such practices."
(49 Pages C-15 and 16 - "[T]he regulations would impose
requirements that all transportation-related spills
of hazardous wastes be reported immediately and be
cleaned up by the transporter. Requirements for
accepting, loading, and stowing hazardous waste
shipments would potentially lead to fewer accidents
and spills from hazardous waste transport. However,
the average distance over which hazardous wastes
are transported would likely increase as a result
of the regulations. Increased transport distances
would increase the potential for vehicular acci-
dents. Increased transport distances would also
increase the potential for spills, and this could
offset some of the benefits indicated above."
(5) Page S-16 - "A major impact resulting from the
Subtitle C regulations would be the closing of
those hazardous waste management facilities (both
off-site and on-site) that could not or would not
comply with the storage, treatment, qr disposal
requirements. It would also lead to the modifi-
cation of other hazardous waste management facili-
ties to enable compliance. It is expected that a_
large portion of existing facilities would require
modification in order to comply with the regulations."
0-49
-------
EXHIBIT 3 (Continued)
(6) Page S-18 - "The Subtitle C regulations would
likely lead to changes in the portion of hazar-
dous wastes treated/disposed on-site by generators
and off-site by the waste management industry.
For reasons discussed in Chapter 7, it is not
possible to accurately determine the extent of
any shift that could occur under the Subtitle C
regulations.
(7) Page S-19 - "An indeterminable number of other
storers, treaters, and disposers could also be
required to obtain permits."
(8) Page S-20 - "An indeterminable number of trans-
porters and other potential generators and per-
mittees would also have to file such notifica-
tions (under Section 3010)."
(9) Page S-21 - "For the most part/ the regulations
would lead to reduction in the release of air con-
taminants and to resultant improvements in air
quality."
(10) Page S-23 - "The Subtitle C regulations contain
requirements that should reduce the potential for
fugitive emissions from the land-based treatment/
disposal of hazardous wastes."
(11) Page S-25 - "The Subtitle C regulations contain
provisions that should reduce the potential for
fugitive emissions from other hazardous waste
treatment facilities (£.£., biological, physical,
and chemical treatment facilities)."
(12) Page S-26 - "It should be noted, however, that
there would likely be some shift in the types of
methods used to store, treat, or dispose these
additional wastes under the regulations as com-
pared to the unregulated current practices. . . .
Such shifts could, to an indeterminable extent,
either enhance or reduce the potential for indi-
cated reductions in specific air emissions."
(13) Page S-27 - "The Subtitle C regulations would
potentially result in a small decrease in the
number and site of spills of hazardous wastes,
primarily through containerization requirements.
However> any shift to off-site treatment or dis-
posal would necessitate more handling and farther
0-50
-------
EXHIBIT 3 (Continued)
transportation distances, and could tend to off-
set some of the potential for a decrease in hazar-
dous spills."
(14) Page S-28 - "Since there are no estimates of
the extent of existing groundwater contamina-
tion due to hazardous wastes, it is not pos-
sible to quantify the improvements that would
result from the regulations."
(15) Page S-28 - "It should be noted, however, that
there could be shifts in the types of methods
used to treat/dispose the wastes brought under
regulation by this alternative. As previously
discussed, such shifts could result in local-
ized changes in the release of specific water
contaminants and, thus, could result in local-
ized changes in water quality."
(16) Page S-31 - "Although the impact of the regu-
lations cannot be quantified, many of the types
of incidents of contamination and associated bio-
logical effects which have been observed in the
past would be prevented by promulgation of the
regulations."
(17) Page S-32 - "Demographic Impacts. Promulgation
of the Subtitle C regulations would likely cause
some plant closings and job losses in a few seg-
ments of some industrial categories (£•£•, textile
industry, inorganic chemicals industry, organic
chemicals industry, metals smelting and refining
industry, electroplating and metal finishing in-
dustry). Such plant closings and job losses would
have the potential to cause relocations of some of
the affected workers and their families. There
would be a potential for some out-migrations from
communities or areas for which plants being closed
constituted the primary source of employment."
(18) Page S-35 - "It is estimated that there would
potentially be sufficient process capacity to man-
age hazardous industrial wastes shipped off-site .
in 1980. In the case of 13 percent off-site ship-
ment, there would potentially be sufficient process
capacity to manage hazardous industrial wastes
shipped off-site in 1984. In the case of 25 per-
cent off-site shipment, there would potentially be
a shortfall of 2.6 million metric tons of environ-
mentally adequate off-site capacity for treating/
disposing hazardous industrial wastes in 1984.
0-51
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EXHIBIT 3 (Continued)
Approximately 45 additional off-site facilities
could be required by 1984. Data are not available
to estimate if there would be any potential short-
fall in environmentally adequate/ on-site/ hazar-
dous waste management process capacity under the
Subtitle C regulations."
(19) Page S-37 - "Since one of the major impacts of
the regulations would be to increase generator's
costs and the costs associated with hazardous
waste transport/ storage/ treatment/ and dis-
posal/ there would be an incentive provided by
the regulations for generators to modify pro-
cesses so as to enable increased recycling of
hazardous wastes as process feedstocks/ to
reduce the quantities of hazardous wastes gen-
erated by specific processes/ or to alter the
nature of the wastes generated by treatment.
Any changes would be extremely waste stream and
process-specific. Furthermore/ since the regula-
tions prohibit the placing of ignitable wastes
in landfills/ landfarms/ surface impoundments/
and basins/ the potential for increased inciner-
ation of such wastes/ with possible energy recov-
ery/ would be greatly enhanced."
(20) Page 7-1 - "The impact analysis is/ for the most
part, both generic in scope and conducted on a
national level due to the extreme waste-specific/
process-specific/ and site-specific_ nature of most
impacts/ and due to the extensive data limitations
previously indicated."
(21) Pages 7-16 & 17 - "As discussed in Section 5.4, the
potential for process modifications to promote re-
source conservation and/or recovery would be ex-
tremely waste stream and process-specific and would
depend upon such factors as the economics of dis-
posal/ treatment/ and transport; the cost of raw
materials and energy; the availability of markets
for and sources of recyclable hazardous wastes;
and the availability both of the necessary tech-
nology for specific resource conservation or re-
covery applications and of environmentally ade-
quate disposal methods. Due to the many complex
interrelationships among these factors/ the deter-
mination of specific process modifications and re-
sultant changes to waste streams that could occur
as a result of promulgation of the Subtitle C
regulations is beyond the scope of the EIS."
0-52
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EXHIBIT 3 (Continued)
(22) Page 7-27 - "Data are not available to estimate the
number and type of hazardous waste treatment/dis-
posal facilities that would have to close down or
be modified as a result of the proposed regulations.
However, based on the reported incidences in Appen-
dix J and other available data discussed below, it
is expected that a very large portion of existing
facilities would require modification to be able to
comply with treatment/disposal requirements."
(23) Page 7-37 - "It should be noted that these data
are being used as a surrogate to analyze potential
impacts that could occur from a shift in on-site
and off-site disposal, should'such a shift occur,
and not as a firm estimate of the magnitude of ahv
such shift."
(24) Page 7-183 - "As indicated in the Integrated Econ-
omic Impact Assessment of Hazardous Waste Manage-
ment Regulations (Regulatory Analysis Supplement),
promulgation of the Subtitle C regulations would
likely cause some plant closings and job losses in
a number of industrial segments (.e.cj. , textile
industry, inorganic chemicals industry, organic
chemicals industry, metals smelting and refining
industry, electroplating and metal finishing in-
dustry) . Such plant closings and job losses
would have the potential to cause relocations of
some of the affected workers and their families.
The nature and extent of any such relocations and
population shifts would be site-specific and de-
pendent upon such factors as number of workers af-
fected, .local and national skills, age of affected
workers, and willingness of workers to relocate.
There would be a potential for large-scale out-
migrations from any communities or areas for which
plants being closed constituted the primary source
of employment."
(25) Pages 7-212 & 213 - "Significant Uncertainties in
the Impact Analysis. The impact analysis is sub-
ject to a number of significant uncertainties.
Limited data are currently available with regard
to both the generation and the management of hazar-
dous wastes. Uncertainties exist as to the types
and quantities of hazardous wastes generated by va-
rious sources, especially nonmanufacturing sources.
Uncertainties also exist as to the number, distribu-
tion, capacity, and adequacy of existing hazardous
0-53
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EXHIBIT 3 (Continued)
waste management facilities. Data are sparse on
the generation and release of specific hazardous
air, water/ and soil contaminants by various
storage, treatment, and disposal methods. Data
and methodologies are not available, for the most
part, for determining the movement, transformation,
and ultimate fate of most contaminants released
to the environment. Human and biological health
effects which are a function of both the concentra-
tions of such contaminants and the duration of ex-
posure are, therefore, uncertain. Dose-response
data are not yet established for determining health
effects from many potentially hazardous contaminants.
These limited data, coupled with the site, process,
and waste-specific nature of most impacts, neces-
sitates a qualitative assessment."
0-54
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EXHIBIT 4
EXCERPTS FROM DEIS DEMONSTRATING
LIMITATIONS IN DATA BASE
(1) Pages S-12 & 7-1 - "Because most available data relate
to manufacturing industries, the emphasis of the impact
analysis is necessarily directed toward manufacturing
industries."
(2) Pages 5-13 & 14 - "In addition to manufacturing wastes/
an indeterminate portion of other large volume wastes,
such as waste automotive oil/ coal ash, oil drilling
muds and brines/ cement kiln dusts/ phosphate mining and
processing wastes/ and uranium mining wastes/ could be
more substantially controlled under the regulations."
(3) Page S-19 - "An indeterminable number of other potential
generators (e.£. / special waste generators) could also
have to comply [with the generator regulations]."
(4) Page S-19 - "An indeterminable number of• other storers/
treaters/ and disposers could also be required to obtain
permits."
(5) Page 7-9 - "The identifying characteristics could
result in the regulation of such other large volume wastes
as waste automotive oil/ coal ash/ oil drilling muds and
brines/ cement kiln dusts/ and dredge spoils. Estimates
of the annual production of these wastes are presented
in Chapter 6. The portion of such wastes that could be
identified as hazardous by the characteristics is not
known."
(6) Page 7-45 - "While every one of these manufacturing
establishments is not likely to be a potential producer
of hazardous wastes/ the limited data available preclude
an accurate determination of the number that are."
Page 7-51 - "Data are not available to estimate the
number of potential producers of other hazardous
'special wastes'; however/ the number could be large.
For example/ 10/000 to 20/000 oil wells have been drilled
annually in recent years with about 60 percent of these
wells being successful (U.S. Department of the Interior/
1976); however/ the number of currently producing wells
generating potentially hazardous brines and muds is not
known."
0-55
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- 2 -
(8) Pages 7-52 & 53 - "According to a recent study of the
hazardous waste transport industry (Arthur 0. Little,
1978), the number of firms currently transporting
hazardous wastes is unknown, both for the industry
as a whole and for each of its segments."
(9) Page 7-53 - "A study by Battelle Columbus Laboratories
(1978) attempted to estimate the number of potential
permittees under the regulations. Table 7-7 shows the
Battelle Columbus Laboratories' estimate of the number
of potential permittees for the manufacturing industries
(listed in Table 7-5), Federal installations, hospitals,
automotive service stations, and the existing hazardous
wastes management service industry. There are estimated
to be about 29,000 potential permittees within these
groups. According to that study, data are not available
to estimate the number of potential permittees within
other categories."
(10) Page 7-193 - "A recent study of the hazardous waste
management service industry (Foster D. Snell, Inc.,
1976) indicated that at the end of 1974, the process
capacity for the industry as a whole was nearly 7.3
million metric tons per year, with up to approximately
5.3 million metric tons being considered environmentally
adequate. It should be noted that all capacity consid-
ered environmentally adequate by the Foster D. Snell
Study may not be considered environmentally adequate
under Subtitle C. Thus, the Foster D. Snell numbers
should be viewed only as an upper limit on environmen-
tally adequate capacity."
(11) Page 7-197 - "As indicated in Section 7.1.2.4, the
Subtitle C regulations would likely result in the
indeterminable decrease in existing on-site process
capcity and, as a result, could potentially cause
shortfalls in on-site process capacity in both 1980
and 1984."
(12) Page 7-212 - "Limited data are currently available
with regard to both the generation and the management
of hazardous wastes."
(13) Page 7-213 - "The emphasis of the impact analysis has
necessarily been placed on hazardous manufacturing
wastes, though large volume of some other hazardous
wastes may also be generated."
0-56
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EXHIBIT 5
LISTING OF DEIS CITATIONS
RELATING TO
THE ELECTRIC UTILITY INDUSTRY
1. In the Summary of the DEIS (p. S-4), in describing the
Section 3004 regulations, it is stated that "the Section
3004 regulations establish standards. . . for management
of "special wastes" (i«e., . . . utility wastes . . .)".
2. In the Summary (p. S-10) and in Chapter 4 - Identification
and Selection of Feasible Alternatives (pp. 4-10 and 4-11),
in describing the Enhanced Public Health and Environmental
Protection Alternative, it is stated that this alternative
would "eliminate the special standards for special
wastes. . . ."
3. In the Summary (pp. S-10 and S-ll) and in Chapter .4 (pp.
4-19), in describing the Lesser Degree of Public Health
and Environmental Protection Alternative, it is stated that
this alternative would "eliminate regulation of special
wastes. ..."
4. In the Summary (pp. S-13 and S-14), in describing the haz-
ardous wastes to be regulated by the proposed regulations,
it is stated that "in addition to manufacturing wastes, an
indeterminate portion of other large volume wastes, such
as ... coal ash . . ., could be more substantially con-
trolled under the regulations . . . ."
0-57
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- 2 -
5. In the Summary (p. S-19), in describing the number of
generators required to comply with the regulations, it
is stated that "an indeterminable number of other poten-
tial generators (e_.£., 'special waste* generators) could
also have to comply. ..."
6. In the Summary (pp. S-43, S-44 and S-45), in describing
the hazardous wastes to be regulated under the Enhanced
Public Health and Environmental Protection Alternative as
compared to the proposed regulations, it is stated that
"there would also be an indeterminable, but possibly quite
large, increase in hazardous non-manufacturing wastes regu-
lated under this alternative. ..."
7. In the Summary (p. S-53), in describing the hazardous
wastes to be regulated under the Lesser Degree of Public
Health and Environmental Protection Alternative as com-
pared to the proposed regulations, it is stated that
"there would also be an indeterminable, but possibly quite
large, decrease in hazardous non-manufacturing wastes regu-
lated under this alternative. .
8. In Chapter 1 - Introduction (pp. 1-2), in describing the
proposed regulations, it is stated that "in the event of
major changes to the regulations presented herein, and/or
in the event of additional regulations affecting large
0-58
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- 3 -
volume special wastes (!•£•/ utility wastes . . .) a supple-
mental Environmental Impact Statement would be prepared. . . .
9. In Chapter 3 - Description of the Proposed Action (pp. 3-7),
in describing the Section 3004 regulations, it is stated
that "all owners and operators of facilities that treat,
store or dispose 'special wastes,' and no other hazardous
waste, would have to comply only with the general facility
standards. ..." See also Chapter 7 (pp. 7-23 and 7-25)
for similar statements.
10. In Chapter 3 (pp. 3-10 and 3-11), the description of the
special wastes categorization is presented as follows:
"[Sleveral waste streams have been identified as being of
special concern due to their unique characteristics, and
the techno-economic uncertainties regarding their disposal.
These 'special wastes' are high volume wastes which are
often disposed on-site by generators, for which tradi-
tional land disposal technology is techno-economically in-
appropriate, and whose environmental risk is ill-defined.
These 'special waste' streams include: utility wastes (fly
•
ash, bottom ash), oil drilling muds and brines, cement
kiln dusts, phosphate rock mining and processing wastes,
uranium mining wastes, and other mining wastes. In the
event these wastes meet a hazardous characteristic or are
listed, unique facility standards will be developed for
0-59
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- 4 -
them. However, these wastes would presently be subject
only to general standards for record keeping, reporting,
etc. EPA intends to develop control technology standards
for these wastes as soon as possible."
11. In Chapter 4 (pp. 4-25), in describing the Lesser Degree
of Public Health and Environmental Protection Alternative,
it is stated that "under this alternative, the definition
of hazardous wastes in Section 3001 has been modified to
include fewer wastes by eliminating the characteristic for
toxic wastes; listed wastes whose listing is based solely
on the toxicity characteristics (including those listed
based on the Administrator's judgment) have been removed
from the Section 3001 lists. Special wastes, (e_.£., ce-
ment kiln dust wastes and utility wastes) have been spe-
cifically excluded from being identified as hazardous
wastes under Section 3001."
12. In Chapter 4 (pp. 4-36), in describing the Lesser Degree
of Public Health and Environmental Protection Alternative,
it is stated that "regulations of 'special wastes' under
Section 3004 has been eliminated "
13. In Chapter 5 - Existing Hazards Waste Generation and
Management Practices (p. 5-19), in describing end use
activities which result in the generation of hazardous
0-60
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- 5 -
wastes, it is stated that "end use generators of poten-
tially hazardous wastes include . . . utilities . . . ."
It is further stated (p. 5-20) that "end use activities
which consume part or all of a product may produce residual
materials which are potentially hazardous. For example,
coal-fired power plants generate coal ash which may be a
potentially hazardous waste, depending on its constitu-
ents. ..."
14. In Chapter 5 (P. 5-73), in discussing the paucity of
formalized programs encouraging resource recovery, it is
stated that "The National Ash Association, for example,
has a formalized program and has estimated that ash re-
cycling has risen to 20 percent from 12.3 percent in a
recent 10-year period (National Ash Association, 1977)."
15. In Chapter 6 - Quantities of Hazardous Wastes Generated
and Controlled (pp. 6-4 and 6-50), in describing those
other sources of potential hazardous wastes, in addition
to the manufacturing industries, it is stated that "these
include non-industrial waste oils, hospital wastes, agri-
cultural wastes, household wastes, military wastes, fly-
ash, oil well brines and muds, cement kiln dusts, dredge
spoils, and phosphate slimes. ..." The degree of hazard
associated with the above mentioned wastes varies consid-
erably, both among and within the different categories.
0-61
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- 6 -
Data on the amounts of waste generated and on the fractions
of the total which are associated with a particular degree
of hazard are incomplete. ..."
16. In Chapter 6 (p. 6-6), Table 6-2 entitled "Estimated An-
nual Generation of Potentially Hazardous Non-Manufacturing
•
Wastes" lists coal ash wastes of 54 million metric tons
(composed of 38, 12 and 4 million metric tons, respec-
tively/ of fly ash, bottom ash and boiler slag).
17. In Chapter 6 (pp. 6-8), in providing available estimates
of potentially hazardous waste generated from fly ash, it
is stated that "estimates of the 1975 U.S. coal ash produc-
tion are on the order of 38 million metric tons fly ash,
12 million metric tons of bottom ash, and 4.2 million met-
ric tons of boiler slag (Faber, 1976). Of. these amounts,
about 8.9 million metric tons (16.3 percent) were utilized
in- secondary products, primarily in i . . cement and con-
crete, and in the manufacture of light-weight aggregates
(Paber, 1976). The inclusion of many of the potentially
toxic trace elements and other constituents (£•£• complex
organic compounds) originally contained in the coal may
result in the designation of at least some ash as hazard-
ous."
0-62
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- 7 -
18. In Chapter 7 - Impacts of the Proposed Action (pp. 7-2,
7-3, and 7-4), in describing the extent to which special
wastes are considered in the impact analysis, it is stated
that "it should be noted that a potentially large category
of hazardous wastes, termed 'special wastes,' are only
briefly addressed in the impact analysis. 'Special Wastes'
include cement kiln dusts, utility wastes, oil drilling
muds/brines, phosphate rock mining and processing wastes,
uranium mining wastes, and other mining wastes. Any 'spe-
cial wastes' identified as hazardous under the Subtitle C
regulations would be subject to a limited portion of Sub-
title C storage, treatment, and disposal regulations (see
Sections 7.1.2.3 and 7.1.2.4). As a result, it is not
likely that there would be any significant change in the
current storage, treatment or disposal practices for such
wastes. EPA is presently planning to promulgate specific
• Subtitle C reguirements for the management of.much of
these 'special wastes.' An additional environment impact
statement or supplementary statement would be prepared for
these 'special wastes,' if warranted, at such time."
19. In Chapter 7 (p. 7-9), in describing the hazardous wastes
to be regulated, the following statment is made: "The
0-63
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- 8 -
identifying characteristics could result in the regula-
tion of such other large volume wastes as waste automo-
tive oil, coal ash, oil drilling muds and brines, cement
kiln dusts, and dredge spoils. Estimates of the annual
production of these wastes are presented in Chapter 6.
The portion of such wastes that could be identified as
hazardous by the characteristics is not known."
20. In Chapter 7 (p. 7-50), Table 7-6 lists the number of
storers, potential producers of hazardous wastes to in-
clude 250-275 coal-fired utilities.
21. In Chapter 7 (p. 7-53), in discussing the number of
treaters and disposers of 'special wastes,1 it is stated
that "there could be potentially a large number of per-
mittees. -For example, in Wyoming alone there are about
10,000 lagoons used for the disposal of.oil drilling muds
and brines. Data are not available to estimate the por-
tion of 'special wastes' that would be identified as haz-
ardous, nor the number of potential permittees managing
such hazardous 'special wastes.'"
22. In Chapter 7 (p. 7-57), in addressing the number of annual
reports by generators of hazardous wastes, it is stated
that "an indeterminable number of additional annual reports
0-64
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- 9 -
would also have to be prepared by other generators and
hazardous waste management facilities such as generators
or disposers of 'special wastes.'"
23. In Chapter 7 (pp. 7-128 and 7-129), Table 7-10 entitled
"Origins and Pollutants in 57 cases of Ground Water Con-
tamination in the Northeast caused by Leakage of Waste
Water from Surface Impoundments" includes one case of
reported pollution from iron and manganese identified by
industry as "electric utility."
0-65
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0.5 Mobil Oil Corporation
.0-66
-------
HOI
Me bil Oil Corporation ,» EAST,™ STREET
NEW YORK. NEW YORK 10017
O.P. HEATM
MANAGER
ENVIRONMENTAL AFFAIRS
March 16, 1979
REGISTERED - RETURN RECEIPT
Mr. John P. Lehman
Director, Hazardous Waste
Management Division ""**•«•/(_*
Office of Solid Waste (WH-565)
U.S. Environmental Protection Agency
401 M Street, S.W.
Washington, D.C. 20460
PROPOSED HAZARDOUS WASTE
GUIDELINES AND REGULATIONS
42 PR 58946 - 59022
Dear Mr. Lehman:
This letter and attachments present our comments on EPA's proposed
Hazardous Waste Guidelines and Regulations as published in the
Federal Register December 18, 1978.
We support the basic concept of safe and controlled management of
hazardous wastes to protect human health and the environment. The
hazardous waste management problem is extremely complex, and we
recognize the Agency's difficulties in attempting to implement the
hazardous waste provisions of RCRA with very short deadlines.
We are concerned, however, that the framework proposed in these
regulations will be counterproductive to effective management of
hazardous wastes. The proposed regulations are overly broad and
based on a fundamentally unsound approach which will prove
unworkable from economic, administrative and environmental view-
points.
The proposal will have a severe impact on industry. Strict inter-
pretation of the proposed rules as written will have a major
0-67
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WL bii
Mr. John P. Lehman - 2 - March 16, 1979
negative impact on petroleum and chemical industries, particularly
domestic oil production. The regulations will also spur inflation
as they require extremely high compliance costs without benefits.
In some cases, the provisions of the proposal are beyond statutory
authority and would place RCRA permit holders in additional
jeopardy by incorporating regulations under other statutes into
hazardous waste management standards.
The proposed regulations are not consistent with Executive Order
12044 which states that regulations shall be as clear and simple
as possible, shall be cost effective, shall be developed in a
manner that minimizes paperwork, and shall not impose unnecessary
burdens. The proposed regulations require burdensome and costly
compliance activities which will disrupt industry and delay energy
development without producing a justifiable environmental or
health benefit. The regulations are not clearly stated, and do
require compliance activities which are not Justified by the
potential environmental or health problems involved. Because of
the extremely costly and complex compliance problems, it is
essential that the specific application of the regulations meet a
genuine need in a cost effective manner.
The Agency has not justified the regulations with adequate supporting
data and as a result, they have severely underestimated the impacts
of the proposal. This has resulted in gross deficiencies in the
Agency's Environmental Impact and Regulatory Analyses. We support
the detailed comments on this aspect submitted by the American
Petroleum Institute and the Manufacturing Chemists Association.
We anticipate that the unreasonable nature of6these regulations, if
promulgated, will cause extensive litigation and delay implementation,
This delay is of considerable concern because we believe there are
some serious hazards which should be controlled as soon as
practicable. For this reason we urge the Agency to work with
industry to identify'priority wastes and to develop effective
controls which could be implemented at an early date.
Detailed comments on specific sections of the proposed regulations
are attached in a series of appendices:
Appendix A - Comments by Mobil Oil Corporation applicable
to all operations.
0-68
-------
rr
Mr. John P. Lehman
- 3 -
March 16, 1979
Appendix B - Comments by the Exploration and. Producing
Division of Mobil Oil Corporation address-
ing oil drilling and producing operations.
Appendix C - Comments by the Exploration and Producing
Division of Mobil Oil Corporation address-
ing surface coal mining and uranium mining
and leaching operations.
In addition, comments on the proposed regulations have been submitted
under separate covers by Mobil Chemical Company's Phosphorus Division
and by the Electro-Phos Corporation, an owned subsidiary.
A summary of some of the more important issues addressed in the
appendices is as follows:
1. The Agency has failed to differentiate the relative
degrees of hazard posed by different types of wastes
and has not assessed the potential risk to the
environment in setting stringent performance standards.
The overly broad definition of hazardous waste combined
with the stringent requirements for management will be
counterproductive and lead to the situation where
compliance is impossible because of the shortfall of
approved facilities. We endorse, in principle, the
Manufacturing Chemists Association scheme for assess-
ing a waste's degree of hazard and suggest that the
Agency work with trade associations to develop regula-
tions which incorporate a degree of hazard assessment.
See appendix A, comment 4 for details.
2. The proposal indiscriminately applies stringent protection
to. all underground waters, regardless of their quality.
The regulations should be .revised to recognize the intent
of Congress to protect drinking water and not those
- aquifers unsuitable for use as drinking waters. See
appendix A, comment 17 for details.
3. The proposal exceeds statutory authority in seeking to
incorporate standards under the Clean Water Act and
Clean Air Act into hazardous waste standards and permits.
This would place owners and operators of hazardous
waste facilities in double jeopardy by making, for
0-69
-------
- 2 -
Sec. 250.12 and 250.13. pg. 58950. These sections propose criteria and
four hazardous waste characteristics (ignitable, corrosive, reactive and
toxic). We are concerned with many aspects of these sections. The
extremely broad criteria and characteristics will include many common
materials and those of low hazard in the same group as those that are
truly hazardous, subjecting them to the same regulations. Under these
criteria and characteristics most discarded industrial materials will
be hazardous. The criteria and characteristics are so broad that
private and government office buildings would be classified as hazardous
waste facilities because they generate, treat, store and disposed of
paper. Paper is a hazardous waste as specified in the ignitable hazardous
waste characteristic. Clearly, the intent of RCRA is to regulate hazardous
wastes, not common materials such as this.
In setting the policies for hazardous waste management, the Agency has
not addressed the degree of hazard associated with different wastes, or
assessed the risk to the environment in setting a policy where almost all
non-municipal waste materials v?ill be hazardous wastes. This policy will
overload facilities capable of handling truly hazardous wastes, and could
result in a greater risk to the environment because disposal due to
overloaded facilities.
Congress provided for an assessment of the degree of hazard in the
definition of hazardous waste - RCRA. Sec. 1004(5). A hazardous waste
is... "a solid waste, or combination of solid wastes, which because of
its quantity, concentration, or physical, chemical or infectious charac-
teristics may - "(A) cause, or significantly contribute to an increase in
mortality or an increase in serous irreversible, or incapacitating
reversible, illness; or "(B) pose a substantial present or potential
hazard to human health or the environment when improperly treated,
stored, transported, or disposed of, or otherwise managed." In recog-
nizing the effects of quantity * concentration and characteristics, RCRA
provides for an assessment of the degree of hazard of a waste*
We recognize the difficulties in developing a definitive classifi-
cation scheme to accurately assess a waste's degree of hazard. One
approach to making this assessment has been developed by the Manufacturing
Chemists Association (MCA). ' Mobil endorses MCA's approach in principle
as a reasonable scheme to provide the flexibility needed for workable
regulations. The MCA approach, shown below, proposes criteria for three
different hazardous waste classes.
0-70
-------
PAGE 58947 - Court orders and March 16th comment closing.
The Agency's difficulties in meeting court mandated promulgation
dates are appreciated, however, no proposed regulation should be
promulgated without an adequate background in fact. A regulation
characterized in the introduction as extraordinarily complex,
difficult, and comprehensive, requires an adequate and complete
environmental impact statement which does not in our judgment
exist for the regulation as a whole and certainly not as related
to major impacts on oil drilling and production operations. The
environmental impact statement should be expanded to more com-
pletely evaluate impacts of selected and alternate regulatory
choices.
PAGE 58948 - State Responsibilities
The impact analysis appears to inadequately assess state resources
and the ability of the states to implement the regulation and
assure costly continued compliance. In the case of oil drilling
and production comprehensive regulations using a-lternate proven
approaches are already in place.
0-71
-------
0.6 American Petroleum Institute
0-72
-------
COMMENTS ON PROPOSED
HAZARDOUS WASTE GUIDELINES AND REGULATIONS OF THE
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY':
,;,.'.' -«<. <'., PURSUANT: TO :;*:;:;; ..;-
SECTION 3001, SECTION 3002:, AND SECTION
' '' ' •""' " '''-"OF THE"; V b^; '::§fvr
RESOURCE CONSERVATION AND RECOVERY ACT
. /.
i
...
. ::. Submitted By The
..-...'. . . *
AMERICAN PETROLEUM INSTITUTE
?i&'t••'••;•?:.- •"'•'• ••' .-'*
March 16, 1979
0-73
-------
-.r.'. = :icr~. ^cirols'jrn Institute
. . " _ ;.••-•••'. '.c'irv.vc-s'
.-:- -.—•". D.C. 20037
_ f
B. Rathbun . t
,-i .. J-
16, 1979 /"
John P. Lehman
Director, Hazardous Waste Management
Division
Office of Solid Waste (WH-565)
U. S. Environmental Protection Agency
Washington, D.C. 20460
Dear Mr. Lehman:
The American Petroleum Institute (API) hereby submits the
following comments on the proposed hazardous waste guidelines
and regulations of the Environmental Protection Agency (EPA)
prepared pursuant to Subtitle C of the Resource Conservation
and Recovery Act (RCRA). 43 Fed. Reg. 58946 (Dec. 18, 1978).
API appreciates the opportunity to respond in detail to a
comprehensive program which addresses a health and environ-
mental issue of major significance. The recommendations
presented in the API comments represent another step in the
continuing dialogue between EPA and the public that has
existed since the enactment of RCRA and EPA's initial efforts
to implement the statute. API requests that the comments it
has submitted regarding earlier drafts of the proposed
.regulations be reviewed again prior to the final promulgation
of any rules.
As specifically mentioned in the testimony presented in
Denver, Colorado on March 7-9, 1979 and in the March 11, 1979
letter to Mr. Steffen Plehn, Deputy Assistant Administrator
for Solid Waste. API has two on-going projects germane to
issues in the proposed regulations. API plans to submrt the
"Tinal results of these projects within 60 days for consider-'
'ation by EPA.~"
An equal opportunity employer 0-74
-------
-Tciir. P. Lehman
::?.rch 16, 1979
Pace 2
In preparing these comments, API has sought to provide
constructive suggestions which will assist EPA in implementing
the letter and spirit of Subtitle C of RCRA, in effecting a
regulatory program for the effective management of hazardous
waste. To this end, API remains ready to provide additional
assistance.
Should you have any question regarding the API comments, please
feel free to contact Mr. Eldon Rucker (202/457-7087),
Dr. Steven Swanson . (202/457-7363), or Mr. Stephen Williams
(202/457-7384).
Sincerely,
Daniel B. Rathbun
0-75
-------
I
; f ..:••.;-. r\c?.n Petroleum Ins'it'.ite
'" '' 2Y •: LC'.rce'.. N'ortlv.vcst
\:'.-..--:'-::j
-------
Page
I. GENERAL COMMENTS ON EPA's PROPOSED
HAZARDOUS WASTE GUIDELINES AND .
REGULATIONS
A. OVERVIEW: CRITIQUE OF EPA's BASIC 1-1
APPROACH TO RCRA REGULATIONS
1. EPA Has Failed to Differentiate 1-2
Among Relative Degrees and
Types of Risk, Which Results in
a Scheme of Regulatory Control
Requirements That Make No
Adjustment for the Level of
Hazard Involved
2. EPA's Approach Ignores the 1-4
Statutory Mandate to Impose
Only Those Regulations Which
Are Necessary to Protect Human
Health and the Environment
3. Summary of Specific Defects in 1-6
the EPA Methodology
a. EPA's Scheme Ignores the 1-8
Fact that Some Wastes are
More Hazardous than Others
b. EPA's Toxic Extraction 1-9
Procedure is Unrealistic as
Applied to All Situations
c. The Volume of Waste Must Be 1-9
Considered
d. The Proximity of a Hazard- 1-10
ous Waste to Human Popula-
tion or Water Supply Must
Be Given Attention
e. Other Site-Related Factors 1-10
Such As Geology, Hydrology/
and Climate Should Also Be
Considered
f. The EPA Regulations Make No 1-11
Effort to Relate the
Control Requirements To The
Type of Risk Presented
0-77
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Page
4. The Notes Procedure Does Not
Provide Adequate Relief
from Unreasonable Control
Requirements
5. The Overly Broad Definition of
Hazardous Wastes Combined with
the Stringent Requirements for
Their Disposal Will Lead to a
Situation Where Compliance Is
Impossible Because of the
Unavailability of Approved
Hazardous Management Facilities
6. EPA's Proposed Regulatory
Framework Is in Conflict
With the Basic Principles
of All Other Environmental
Programs
7. Availability of Alternative
Approaches for Implementation
of RCRA
B. EPA'S PROPOSAL VIOLATES FUNDAMENTAL
REQUIREMENTS ESTABLISHED BY
CONGRESS AND THE COURTS FOR
IMPLEMENTATION OF RCRA AND RELATED
ENVIRONMENTAL LEGISLATION
1 . The Proposed Subtitle C Program
Fails to Adopt A Procedure
Which, in Accordance with
RCRA and Principles of Admin-
istrative Law, Identifies
Substantial Hazards and Imposes
Necessary Regulatory Measures
a. The Proposed Regulations
Ignore the Specific Factors
Identified by Congress as
Crucial To EPA's Decision-
making Process
b. EPA Has Exceeded Its
Limited Authority To Impose
Only Those Requirements
Which Are Necessary
1-11
1-12
1-14
1-15
1-19
•{
1-20
1-21
1-24
0-78
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Page
c. The Proposed Regulations Do 1-29
Not Reflect the Consider-
able Experience Associated
With the Implementation
of Similar Statutory
Requirements
d. The Oversimplification 1-35
Embodied in the EPA
Approach Indicates that the
Proposed Regulations Will
Not Withstand Judicial
Scrutiny
2. The Practical Impact of the 1-37
Proposed Regulations Will
Frustrate the Objectives of
RCRA By Interfering With
Waste Generation and Disposal
a. The Courts will not Sanction 1-37
Regulations Which do More
Harm than Good
b. RCRA Does Not Authorize EPA 1-39
to Require Generators to
Modify Their Production
Processes
3. The Propos.ed Regulations Fail 1-41
to Fulfill the Mandate That the
Subtitle C Hazardous Waste
Program Properly Integrates
With Existing Environmental
Programs
a. The Proposed Regulations 1-41
Establish an Invalid
Scheme for Regulating
Surface Impoundments Which
Are Part of an NPDES
Permitted Facility
b. The RCRA Regulations Would 1-43
Impose Ambient Air Quality
Standards Established in
Violation of the Comprehen-
sive Procedures Carefully
Established by Congress in
the Clean Air Act
0-79
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Page
c. The Failure to Distinguish
and Treat Differently
Existing and New Facilities
Violates RCRA
The Regulations Violate
Fundamental Requirements
of Constitutional Law
a. Deprivation of Property
Without Due Process of
Law
b. The Proposed Regulations
Are Invalid Due to
Vagueness
The Draft Environmental Impact
Statement Fails to Satisfy the
Mandate of NEPA and Underscores
EPA's Failure to Comply with
RCRA
a. The DEIS Documents EPA's
Imposition of Requirements
Which Unnecessarily Cause
Irreparable Harm in Contra-
vention of NEPA's Mandate
to Minimize Adverse
Environmental Effects Which
Cannot Be Avoided
b. The DEIS Fails to Assess
Whether Benefits Justify
Costs
1-45
1-46
1-46
1-49
1-50
1-50
1-51
0-80
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Page
II. . MAJOR ISSUES AFFECTING THE PETROLEUM
INDUSTRY UNDER THE PROPOSED REGULATIONS
A. INTRODUCTION . I1-1
B. THE PROVISIONS OF SUBTITLE C MAY II-3
NOT BE APPROPRIATE FOR THE REGULA-
TION OF EXPLORATION AND PRODUCTION
WASTES
C. NPDES SURFACE IMPOUNDMENTS SHOULD BE
EXEMPTED FROM FURTHER REGULATION II-9
1. Refinery NPDES Facilities 11-10
2. Specific Refinery Examples 11-14
3. Suggested Modifications to
Proposed Regulations 11-17
D. WASTE OIL SHOULD NOT BE CLASSIFIED
AS A HAZARDOUS WASTE 11-19
E. PROPOSED REGULATIONS SHOULD NOT BE
RIGIDLY APPLIED TO PETROLEUM STORAGE
AND PIPELINE OPERATIONS 11-25
0-81
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Page
III. TECHNICAL COMMENTS ON EPA'S PROPOSED
HAZARDOUS WASTE GUIDELINES AND REGULATIONS
A. PROPOSED SUBPART A — IDENTIFICA-
TION AND LISTING OF HAZARDOUS WASTE II1-1
B. PROPOSED SUBPART B — STANDARDS
APPLICABLE TO GENERATORS OF
HAZARDOUS WASTE I11-32
C. PROPOSED SUBPART D — STANDARDS
FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT,
STORAGE AND DISPOSAL FACILITIES . II1-49
D. CRITIQUE OF THE EPA'S DRAFT
ECONOMIC IMPACT ANALYSIS (EIA)
AND THE ACCOMPANYING REGULATORY
ANALYSIS III-117
1. Additional Deficiencies of
the EIA and Regulatory Analysis III-120
2. Conclusion III-125
IV. API TESTIMONY AT REGIONAL HEARINGS
A. TESTIMONY OF HOWARD RUNION IV-1
B. TESTIMONY OF BARRY W. HUTCHINGS IV-7
C. TESTIMONY OF RAYMOND OUELLETTE . IV-12
D. TESTIMONY OF JIM COLLINS IV-17
V. APPENDICES V-l
0-82
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1-49
allowance is made for variations in individual plants, as EPA has
done by including a variance clause in its 1977 limitations."
E. I. duPont de Nemours & Co. v. Train, 430 U.S. 112, 128 (1977).
The note system proposed by EPA fails to meet these require-
ments, as explained in more detail in Part III of our comments,
by failing to allow variances in many situations.
b. The Proposed Regulations Are
Invalid Due to Vagueness
As described in detail in Part III of the API comments, many
portions of the regulations fail to define or provide an adequate
explanation of the manner of implementation. This lack of
precision offends the well-established principle that a law "is
void for vagueness if its prohibitions are not clearly defined.
Grayned v. Rockford, 408 U.S. 104-108 (1972)? Ashton v. Kentucky,
384 U.S. 195, 200 (1966).
5. The Draft Environmental Impact Statement
Pails to Satisfy the Mandate of NEPA and
Underscores EPA's Failure to Comply With RCRA
a. The DEIS Documents EPA's Imposition of Requirements
Which Unnecessarily Cause Irreparable Harm In
Contravention of NEPA's Mandate to Minimize Adverse
Environmental Effects Which Cannot Be Avoided
Section 102(2)(C) of NEPA requires EPA to prepare a "detailed
statement" analyzing: .
(i) the environmental impact of the proposed action,
(ii) any adverse environmental effects which cannot be
avoided should the proposal be implemented,
(iii) alternatives to the proposed action,
0-83
-------
. 1-50
(iv) the relationship between local short-term uses of
man's environment and the maintenance and enhancement
of long-term productivity; and
(v) any irreversible and irretrievable commitments of
resources which would be involved in the proposed
action should it be implemented.
One of the major purposes of these requirements, as made clear in
Section 101 of NEPA is to "attain the widest range of beneficial
uses of the environment without degradation, risk to health or
safety, or other undesirable and unintended consequences" and
"maintain wherever possible, an environment which supports
diversity and variety of individual choice." (NEPA, Sections
101(b)(3) and (4), respectively).
The DEIS, although deficient as to some of the Section
102(2)(c) requirements, demonstrates that EPA's proposal will
violate Sections 101(b)(3) and (4) by imposing requirements which
will cause more harm than good. For example, the DEIS predicts
that there may be substantial shifts from on-site to off-site
disposal. (See, e.g., DEIS at p. 7-33, 7-34). Such shifts will
result in greater hauling distances (See, e.g., p. 7-20) causing
increased air pollution and congestion in many areas. (See,
e.g., DEIS at p. S-26 and p. 7-71 et. seq.).
The DEIS points to another impact of the proposed regulations
which is contrary to NEPA's purposes of maintaining land for a
variety of uses; that is, "[m]ore total land, off-site, plus
on-site, would be required for hazardous waste management under
the Subtitle C regulations than for hazardous waste management
under current practices." (DEIS at p. 7-200).
0-84
-------
1-51
The DEIS explains that "[elxisting land uses would cease,
either permanently or temporarily, on all land converted to
hazardous waste management uses. Some agricultural, grazing,
forest, recreational, and other lands could be removed from their
existing uses." (DEIS at p. 7-201).
b. The DEIS Fails To Assess
Whether Benefits Justify Costs
EPA's Draft Environmental Impact Statement makes no attempt
to balance costs and benefits and thus clearly fails to comply
with the requirement set forth in Calvert Cliffs' Coordinating
Committee, Inc. v. U.S. Atomic Energy Commission, 449 F.2d 1109,
(D. C. Cir. 1971), cert, denied 404 U.S. 942 (1972).
Specifically, the Court said:
NEPA mandates a case-by-case balancing judgment on the part
of federal agencies. In each individual case, the particular
economic and technical benefits of planned action must be
assessed and than weighed against the environmental costs;
alternatives must be considered which would affect the
balance of values. ... The magnitude of possible benefits
and possible costs may lie anywhere on a broad spectrum.
Much will depend .on the particular magnitudes involved in
particular cases. In some cases, the benefits will be great
enough to justify a certain quantum of environmental costs;
in other cases, they will not be so great and the proposed
action may have to be abandoned or significantly altered so
as to bring the benefits and costs into a proper balance.
The point of the initial balancing analysis is to insure
that, with possible alterations, the optimally beneficial
action is finally taken.
449 F.2d at 1123.
As an instrument to be used in the decision-making process,
the failure of the DEIS to address costs and benefits indicates
that EPA did not balance the "pros and cons" of the proposed
0-85
-------
1-52
program in order to minimize environmental and economic disrup-
tions. Further, the failure to estimate costs and benefits makes
the consideration of alternatives to the proposed action impos-
sible. The DEIS is particularly deficient in its discussion of
the alternatives it considered to the proposed program.
This glaring omission to balance costs with benefits is not
corrected by the Draft Economic Impact Analysis (DEcoIA). As
explained in detail in Part III of the API comments, the DEcoIA
omits costs incurred by several important segments of the petro-
leum industry. For example, the proposed Section 3004 regula-
tions contain specific requirementssfor waste streams from the
exploration and production segment of the petroleum industry.
Nowhere in the EPA Environmental or Economic Impact Analyses is
economic impact for these facilities analyzed.
Further, in estimating the costs to the refining segment,
EPA has excluded from its DEcoIA an assessment of the enormous
i
cost of upgrading NPDES permitted surface impoundments. These
are just a few of the omissions from EPA's analysis, but these
alone demonstrate the failure to comply with the statutory
requirements.
0-86
-------
0.7 Dow Chemical U.S.A
0-87
-------
DOW CHEMICAL U.S.A.
BCNNETT BUILDING
March 6, 1979 2030 DOW CENTER
MIDLAND. MICHIGAN 48640
Mr. Douglas M. Costle, Administrator
U.S. Environmental Protection Agency
401 M Street, S.W.
Washington, D.C. 20460
PETITION
RE: COMMENT PERIOD ON EPA'S PROPOSED RCRA §§3001, 3002, AND
3004 (43 FEDERAL REGISTER 58946, DECEMBER 18, 1978)
Dear- Mr. Costle:
The Dow Chemical Company respectfully petitions that the
due date for public comment on EPA's proposed regulations
implementing Sections 3001, 3002, and 3004 of the Resource
Conservation, and Recovery Act of 1976 proposed in the
December 18, 1978 Federal Register (43 Fed. Reg. 58946 et
seq.), and now set to expire on March 16, 1979, be
extended. We request that the comment period remain
open until at least 60 days after the proposal of all
regulations implementing Subtitle C (Sections 3001-3011).
The requested extension of the comment period, is proper
for the following reasons:
(1) Although the regulations for Sections 3001, .3002, and
3004 were proposed on December 18, 1978, the 4,294
pages of background documents were not available for
review until January 8, 1979, and published copies
of the draft Environmental Impact Statement (EIS)
were not available for distribution until early
February. The integrated permit regulations pursuant
to Section 3005 of the RCRA and the National Pollutant
Discharge Elimination Systems (NPDES) and Underground
Injection Control (UIC) programs, have not yet been
proposed. Regulations for Sections 3003, 3006, 3010,
and 4004 were previously proposed in mid-1978 before
the characteristics of hazardous waste described in
proposed Section 3001 were fully developed. This
piece-meal proposal and promulgation has made coherent
overall assessment of the changes occurring among the
individual Sections of the regulations impossible.
0-88
AN OPERATING UNIT OF THE DOW CHEMICAL COMPANY
-------
Mr. Douglas M. Costlo, Administrator
March 6) 1979
Page 2
(2). The regulations proposed to implement Section 3004
are incomplete to the extent that they employ "notes"
or reference "permits issued pursuant to Subpart E".
The regulations setting out the scope and coverage
of the permit under Subpart E have not yet been
proposed. The use of "notes" according to the
Agency "will be explained in more detail in EPA's
proposed Subpart E rules" (43 Fed. Reg. 58983,
column 2). These gaps in the proposed regulations
make it impossible to provide informed and meaningful
comments to the proposed rules as assured by both
the Administrative Procedure Act, 5 U.S.C. §553,
and Executive Order 12044 (43 Fed. Reg. 12661).
Sincerely,
James M. Kuszaj, Attorney
U.S.A. Legal Department
2030 Dow Center
(517) 636-1215
cm
0-89
-------
DOW CHEMICAL U.S.A.
March 15, 1979
BENNETT BUILDING
2030 DOW CENTER
MIDLAND. MICHIGAN 48640
COMMENTS OF
THE DOW CHEMICAL COMPANY
ON RCRA SECTIONS 3001, 3002, & 3004
43 FEDERAL REGISTER 58946 ET SEQ
DECEMBER 18, 1978
Mr. John P. Lehman
Director, Hazardous Waste Management Division
Office of Solid Waste (WH-565)
U.S. Environmental Protection Agency
Washington, D.C. 20460
Dear Mr. Lehman:
Enclosed are detailed comments of Dow Chemical U.S.A. on
the Agency's proposed regulations implementing Sections 3001,
3002, & 3004 of the Resource Conservation and Recovery Act of
1976, proposed in the December 18, 1978, Federal Register
(43 Fed. Reg. 58946 et seq.). In. addition, our comments on
the Advance Notice of P-roposed Rulemaking which appeared in
the December 18, 1978, Federal Register at page 59022-59028 are
included as part of our discussion of the proposed Section
3001 regulations. '
As you are aware, Dow Chemical U.S.A. has actively parti-
cipated in the regulatory development process, and has worked
closely with the Agency, and with various trade associations,
professional societies, and standard setting groups to develop
a consistent set of meaningful regulations for hazardous waste
management. However, many of the regulations now being proposed
are unrealistic and are unnecessary to reasonably protect human
health and the environment.
0-90
AN OPERATING UNIT OF THE OOW CHEMICAL COMPANY
-------
DOW CHEMICAL U.S.A.
Mr. John P. Lehman
March 15, 1979
Page 2
JOHN BEALE
MANAGER. ENVIRONMENTAL REGULATORY
ACTIVITIES FOR SOLID WASTE
Environmental Quality
2030 Dow Center
Midland, Michigan 48640
517-636-2067
The enclosed comments are divided into two parts. The first
part sets forth a general summary of our major concerns.
The second part contains a detailed section-by-section analyses
of the proposed regulations, with recommendations for modifi-
cation where appropriate. We urge the Agency to give careful
attention to the revision of the proposed regulations.
Should the Agency wish to discuss any of the issues raised in
our comments in greater detail, please contact John S. Beale.
Sincerely,
-------
APPENDIX P
LITERATURE CITED
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P-l
-------
LITERATURE CITED (Continued)
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P-2
-------
LITERATURE CITED (Continued)
Calspan Corporation. Assessment of industrial hazardous waste
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P-3
-------
LITERATURE CITED (Continued)
Cowherd, C. Jr., K. Axetell, Jr., C.M. Guenther, and G.A. Jutze.
Midwest Research Institute. Develonment of emission factors
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P-4
-------
LITERATURE CITED (Continued)
Elliott, R.D. Experience of the private sector. In Weather and
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Fennelly, P.F., M.A. Chillingworth, P.D. Spawn, and M.I. Bornstein.
The generation and disposal of hazardous wastes in
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Flower, F.B. Case history of landfill gas movement through soils.
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P-5
-------
LITERATURE CITED (Continued)
Flower, F.B., I.A. Leone, E.F. Gilman, and J.J. Arthur. Vegetation
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Foster D. Snell, Inc. Potential for capacity creation in the
hazardous waste management service industry. Environmental
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Fred C. Hart Associates, Inc. Characterization of potential per-
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Fred C. Hart Associates, Inc. Draft report: Analysis of a
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U.S. Environmental Protection Agency, Office of Solid Waste,
July 28, 1978.
Garland, G.A., and D.C. Mosher. Leachate effects of improper land
disposal. Waste Age, 6(3):42, 44-48, Mar. 1975.
Garretson, Elmendorf, Zinov, and Reibin, Architects and Engineers.
Hazardous waste management, prepared for Hawaii, Guam, American
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Gary, M., R. McAfee Jr., and C.L. Wolf, eds. Glossary of geology.
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Gordon, J. and J. Cioffi. Lead emissions from the burning of waste
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Gordon, J., R. Helfand, and W. Belew. Preliminary study for PCB
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P-6
-------
LITERATURE CITED (Continued)
Griffin, R.A., N.F. Shimp, J.D. Steele, R.R. Ruch, W.A. White, and
G.M. Hughes. Attenuation of pollutants in municipal
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P-7
-------
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P-8
-------
LITERATURE CITED (Continued)
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P-9
-------
LITERATURE CITED (Continued)
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P-10
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LITERATURE CITED (Continued)
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Nov. 1978.
P-ll
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LITERATURE CITED (Continued)
Personal communication. Massachusetts Bureau of Solid Waste Disposal
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Personal communication. S. Miller, Illinois Environmental Protection
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Personal communication. National Ash Association to S. Haus, Metrek
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Personal communication. G. Palm, Gordon F. Palm and Associates, to
R. Holberger, Metrek Division, MITRE Corporation, July 1978.
Information regarding quantities of phosphate mining and
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Personal communication. Portland Cement Association to S. Haus,
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Personal communication. Rhode Island Department of Health, Division
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P-12
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LITERATURE CITED (Continued)
Personal communication. C.G. Schwarzer, Waste Management
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Personal communication. Texas Department of Health, Division of
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P-13
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LITERATURE CITED (Continued)
Simpson, J., and A.S. Dennis. Cumulus clouds and their modifica-
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P-14
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LITERATURE CITED (Continued)
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P-15
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LITERATURE CITED (Continued)
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P-16
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LITERATURE CITED (Continued)
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P-17
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LITERATURE CITED (Continued)
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P-18
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LITERATURE CITED (Continued)
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P-19
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LITERATURE CITED (Continued)
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P-20
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LITERATURE CITED (Concluded)
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