United States Solid Waste and PB96-780 192
Environmental Protection Emergency Response EPA530-R-95-051
Agency (5305W) November 1995
RCRA/UST> Superfund, & EPCRA
Hotline Training Module
Introduction to:
Treatment, Storage, and
Disposal Facilities
(40 CFR Parts 264/265, Subparts A-E)
Updated as of July 1995
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DISCLAIMER
This document was developed by Booz-Allen & Hamilton Inc. under contract 68-WO-0039 to EPA. It is intended
to be used as a training tool for Hotline specialists and does not represent a statement of EPA policy.
The information in this document is not by any means a complete representation of EPA's regulations or policies.
This document is used only in the capacity of the Hotline training and is not used as a reference tool on Hotline
calls. The Hotline revises and updates this document as regulatory program areas change.
The information in this document may not necessarily reflect the current position of the Agency. This document
is not intended and cannot be relied upon to create any rights, substantive or procedural, enforceable by any
party in litigation with the United States.
RCRA/UST, Superfund & EPCRA Phone Numbers:
National toll-free (outside of DC area) (800) 424-9346
Local number (within DC area) (703) 412-9810
National toll-free for the hearing impaired (TDD) (800) 553-7672
The Hotline is open from 9 am to 6 pm Eastern Standard Time,
Monday through Friday, except for federal holidays.
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TREATMENT, STORAGE, AND DISPOSAL FACILITIES
CONTENTS
1. Introduction 1
2. Regulatory Summary 3
2.1 Subpart A: Applicability 4
2.2 Subpart B: General Facility Standards 9
2.3 Subpart C: Preparedness and Prevention 11
2.4 Subpart D: Contingency Plan and Emergency Procedures 12
2.5 Subpart E: Manifest System, Recordkeeping, and Reporting 14
3. Special Issues 17
3.1 TSDF as Generator 17
3.2 TSDF as Transfer Facility 17
3.3 OSHA Requirements 17
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TSDFs -1
1. INTRODUCTION
The management of hazardous waste at treatment, storage, and disposal facilities
(TSDFs) plays a large and critical role in the RCRA regulatory scheme. RCRA §3004
mandates proper design, construction, and operation of all TSDFs in a manner
which is protective of human health and the environment. Since facilities for
hazardous waste treatment, storage, and/or disposal are relatively complicated to
construct and maintain, the TSDF regulations are more extensive than the
standards for generators and transporters. By promulgating comprehensive
regulations for these facilities both during operation and, if necessary, after closure,
EPA hopes to avoid the creation of new abandoned hazardous waste sites and
minimize the risk of contaminants being released from TSDFs.
There are many different types of TSDFs that must be controlled. EPA has
attempted to design the regulations as straightforwardly as possible by setting
general standards for all regulated TSDFs. These standards are considered "good
management practices" for any facility engaged in hazardous waste management. In
addition to these general standards, a TSDF must consider separate "unit-specific"
standards that address the hazards associated with a particular type of hazardous
waste management unit. This training module presents an overview of the general
TSDF standards found in 40 CFR Parts 264/265, Subparts A through E. The unit-
specific standards are addressed in other modules.
When you have completed this module you will be able to discuss the general
requirements for TSDFs and discern the differences between the applicability of Part
264 versus Part 265. Specifically, you will be able to:
• Identify and explain each exclusion from Part 264/265, and find definitions
of excluded units, such as "wastewater treatment unit" and "elementary
neutralization unit"
• Locate and describe the requirements for waste analysis and personnel
training
• Describe the purpose of a contingency plan and list the emergency
notification procedures
• Describe manifest procedures and responsibilities, and list the
unmanifested waste reporting requirements.
Use this list of objectives to check your knowledge of this topic after you complete
the training session.
The information in this document is not by any means a complete representation of EPA s regulations or policies, but is
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/U5T, Superfund, and EPCRA Hotline.
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2 - TSDFs
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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TSDFs - 3
2. REGULATORY SUMMARY
In §3004 the statute requires that standards be developed for both existing TSD
facilities that were immediately subject to regulation and for facilities that would be
built after regulations were established. Congress also mandated that the standards
for both types of facilities should only be different where absolutely necessary. Since
the existing facilities could not necessarily meet full regulatory standards
immediately, EPA responded by promulgating interim status standards under Part
265. New facilities, on the other hand, would be constructed after the regulations
were promulgated, thus enabling these facilities to be designed and built to meet any
standards that EPA deems necessary to protect human health and the environment.
The standards for new facilities are found under Part 264. While the standards in
Part 264 are more stringent than those in Part 265, the standards are nearly identical
except in the limited circumstances where the standards for new facilities would be
practically impossible for existing facilities to implement immediately. Other parts
of the regulations may also affect TSDFs. For example, Part 266 outlines specialized
standards for recyclable materials and Part 268 addresses the land disposal
restrictions. These requirements are discussed separately in other training modules.
Congress also directed EPA to set up a system for permitting TSDFs. TSDFs not only
have to comply with the standards of Parts 264/265, but owners/operators also need
to obtain permits under Part 270 to engage in hazardous waste management. A
permit is an authorization, license, or equivalent control document issued by EPA
or an authorized state to implement the TSDF requirements. TSDF permits are
facility-specific and are issued after a documentation and review process. Parts
264/265 can be thought of as substantive standards, while permits are administrative
requirements. Generators and transporters are not required to obtain permits
because they generally handle smaller amounts of waste for shorter periods of time.
See the Permits Module for more detail about applying for and receiving a permit.
The standards found in Parts 264/265, Subparts A through E, pertain to general
facility operating requirements. In general, the purpose of these five subparts is to
define which units are subject to regulation and their general specifications,
establish reporting and recordkeeping requirements, and set procedures for daily
operation and emergencies.
Due to the similarities between the respective Part 264 and Part 265 standards, they
are addressed simultaneously in this module, with any significant difference
highlighted.
The information in this document is not by any means a complete representation of EPA s regulations or policies, but is
an introduction used far Hotline training purposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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4 - TSDFs
2.1 SUBPARTA: APPLICABILITY
The Part 264/265 regulations state that with some exceptions, these regulations apply
to facilities that treat, store, and dispose of hazardous wastes. The terms "facility,"
"treat," "store," and "dispose" all have specific definitions found under §260.10. A
facility includes all contiguous land, structures, and appurtenances on or in the land
used for treating, storing, or disposing of hazardous waste. A single facility may
consist of several types or combinations of operational units. Treatment is defined
as any method, technique, or process designed to change the physical, chemical, or
biological character or composition of any hazardous waste. Storage is defined as
holding hazardous waste for a temporary period, at the end of which the hazardous
waste is treated, disposed of, or stored elsewhere. Disposal is the discharge, deposit,
injection, dumping, spilling, leaking, or placing of any solid or hazardous waste on
or in the land or water. A disposal facility is any site where hazardous waste is
intentionally placed and at which the waste will remain after closure. If an area
meeting the definition of a facility is engaged in treatment, storage, and/or disposal,
it must be in compliance with the standards under Parts 264/265.
EXEMPTIONS
All hazardous waste treatment, storage, and disposal facilities are subject to Parts
264/265 unless they are specifically excluded. Parts 264/265 both include a list of
activities that are not regulated. Because Parts 264/265 and Part 270 work in tandem to
regulate TSDFs, the same exemptions can be found at the beginning of each of these
sections under Part 264/265, Subpart A, and §270.1. The following exemptions to the
TSDF standards apply to both Part 264 and Part 265, unless stated otherwise.
Pennits-by-Rule
Certain facilities that have permits under other environmental laws may qualify for
a special form of a RCRA permit, known as a permit-by-rule. Essentially, facilities
with a permit under another environmental law and that meet the conditions in
§270.60 are exempt from the substantive requirements of Parts 264/265. Sections
264.1 (c), (d), and (e) state that the Part 264 standards apply to permit-by-rule facilities
(ocean disposal, underground injection, publicly owned treatment works, or
POTWs) only to the extent that they are included in a RCRA permit-by-rule granted
under Part 270. Part 265 is different in that only ocean disposal and POTWs are
exempt from regulation (§§265.1 (c)(l) and (3)). Hazardous waste injection facilities
are subject to interim status regulation under Part 265, Subpart R.
Any treatment or storage prior to placement in facilities exempt under permit-by-
rule is subject to Parts 264/265 requirements. In addition, sludge generated at a
POTW is a solid waste and may be characteristically hazardous, making the
owner/operator a hazardous waste generator (45 FR 76080; November 17, 1980).
The information in this document is not by any means a complete representation of EPA s regulations or policies, but is
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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TSDFs - 5
Conditionally Exempt Small Quantity Generator Waste
Facilities that only treat (including recycling), store, or dispose of waste generated by
conditionally exempt small quantity generators (CESQGs) regulated under §261.5 are
excluded from Parts 264/265 (§§264.1(g)(l)/265.1(c)(5)). According to §261.5, such
facilities must be either permitted, licensed, or registered by the state for handling
nonhazardous industrial or municipal solid waste, or qualify as a recycling facility.
Recyclable Materials
According to §§264.1 (g)(2) and 265.1 (c)(6), owners/operators managing the following
recyclable materials are subject to the facility standards of Parts 264/265 only to the
extent that the Part 266 or Part 279 recycling regulations refer back to them:
• Hazardous waste burned in boilers and industrial furnaces
• Precious metals that are recycled
• Lead-acid batteries that are reclaimed
• Used oil that is recycled.
Owners or operators managing the following recyclable materials are not subject to
Parts 264/265 (§§264.1(g)(2)/265.1(c)(6)):
Industrial ethyl alcohol that is reclaimed
Used batteries returned to the manufacturer for regeneration
Scrap metal
Fuels produced from refining oil-bearing hazardous wastes
Oil reclaimed from hazardous waste.
For more details about hazardous waste recycling exemptions, see the Definition of
Solid Waste and Hazardous Waste Recycling Module.
Generators
According to §§264.1(g)(3)/265.1(c)(7), generators accumulating waste on-site in
accordance with §262.34 do not need a permit and do not have to comply with Part
264. They must comply with only those sections of Part 265 that are specified in
§262.34 (see the Generators Module for full detail).
Fanners
According to §§264.1 (g)(4)/265.1(c)(8), a farmer disposing of pesticide wastes on her
own property in compliance with §262.70 is not subject to the standards of Parts
264/265. Congress did not want to dual-regulate farmers under RCRA and the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Therefore, farmers
meeting the conditions outlined in §262.70 are exempt from both generator and
TSDF regulations.
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction used for Hotline traimnepurposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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Totally Enclosed Treatment
A totally enclosed treatment system is excluded from Parts 264/265
(§§264.1(g)(5)/265.1(c)(9)). A totally enclosed treatment facility must meet the
following criteria:
• Be completely contained on all sides, including top and bottom (they may
have protected relief valves)
• Pose negligible potential for escape of constituents to the environment
except through natural calamities or acts of sabotage or war
• Be connected directly by pipeline or similar totally enclosed device to an
industrial process which produces a product, by-product, or intermediate
material which is reused in the process (§260.10).
The exemption for totally enclosed treatment facilities applies only to the enclosed
unit. Effluent from the facility is regulated when the waste entering the totally
enclosed treatment facility is derived from listed waste or when the effluent is
characteristically hazardous.
Elementary Neutralization
Per §§264.1(g)(6)/265.1(c)(10), elementary neutralization units (ENUs) are excluded
from Parts 264/265 regulation. In order to qualify as an ENU, the unit must be
either a container, tank, tank system, transport vehicle, or vessel and only
neutralize wastes that are hazardous solely for the characteristic of corrosivity.
Neutralization in a surface impoundment or any other land-based unit is subject to
regulation (45 FR 76074; November 17, 1980).
Wastewater Treatment Unit
Wastewater treatment units are also specifically defined under §260.10. To meet the
exclusion from Parts 264/265 (§§264.1(g)(6)/265.1(c)(10)), these units must meet all
three parts of the definition. Specifically, wastewater treatment tanks must be
managing hazardous wastewater, meet the definition of a tank or tank system, and
have a discharge subject to Clean Water Act pretreatment standards or permitting
requirements (i.e., the discharge is sent to a POTW or to surface water under a
National Pollutant Discharge Elimination System (NPDES) permit). Since only the
unit is exempt from regulation, any hazardous sludge generated in the wastewater
treatment unit is subject to regulation when it is removed from the tank (45 FR
76074; November 17, 1980).
The information in this document is not by any means a complete representation of EPA s regulations or policies, but is
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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Emergency Response
Sections 264.1(g)(8) and 265.1(c)(ll) exclude emergency response actions to
immediately contain or treat a spill of hazardous waste or a material that becomes a
hazardous waste when spilled. EPA has not formally defined the term
"immediately," but is interpreted to be of very short duration, usually less than a
day or two (48 FR 2508; January 19,1983). Of course any hazardous waste generated
must be managed in accordance with Part 262, and any treatment or storage after the
emergency situation has passed is subject to full Subtitle C regulations. If the
activity does not fall within the scope of this exclusion, an emergency permit of 90
days or less may be required (§270.16).
Transfer Facilities
Manifested wastes that are in transit and stored in containers by a transporter for less
than 10 days at a transfer facility in accordance with §263.12 are not subject to
generator or TSDF standards (§§264.1 (g)(9)/265.1(c)(12)). A transfer facility is any
transportation-related facility, including loading docks and parking and storage
areas, where shipments of hazardous waste are held during the normal course of
transportation (§260.10).
Adding Absorbent
Adding absorbent to waste can constitute hazardous waste treatment, requiring
compliance with Parts 264/265. According to §§264.1(g)(10)/265.1(c)(13), however,
adding absorbent to waste when the waste is first put into the container is excluded
from the requirements of Parts 264/265. Adding absorbent after the waste has
accumulated does not qualify for this exemption. If a waste is transferred to a new
container, more absorbent may be added if the absorbent is being added when the
waste is first placed in the new container (47 FR 8304; February 25,1982). Since
generators can treat hazardous waste in accumulation tanks and containers without
obtaining a permit, this additional exemption from permitting may be used
infrequently.
Universal Waste Handlers
Sections 264.1 (g)(ll)/265.1(c)(14) exclude handlers and transporters of materials
defined as universal wastes under Part 273. At present, three different materials are
defined as universal wastes: hazardous waste batteries, pesticides, and thermostats.
MISCELLANEOUS
Although Subpart A of Parts 264/265 primarily addresses the applicability of TSDF
standards, it also places some restrictions or conditions on operating facilities.
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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Imminent Hazard Action
Sections 264/265.4 state that imminent hazard enforcement actions may be brought
against TSDFs pursuant to RCRA §7003, notwithstanding any other provisions of
Parts 264/265.
Dioxin-Containing Waste
Interim status facilities may not manage dioxin-containing wastes (F020-F023, F026,
and F027) unless the requirements in §265. l(d) are met.
2.2 SUBPART B: GENERAL FACILITY STANDARDS
The general facility standards address six major areas: waste analysis, security,
inspection requirements, personnel training, location standards, and requirements
for ignitable, reactive, or incompatible wastes. These standards are nearly identical
for permitted and interim status facilities, with the exception of the location
standards.
WASTE ANALYSIS
TSDFs need to verify the composition (i.e., hazardous constituents and
characteristics) of incoming waste in order to treat, store, or dispose of the waste
properly. The waste analysis plan (WAP) outlines the verification procedures,
including specific sampling methods, necessary to ensure proper treatment, storage,
or disposal (§§264/265.13). The waste analysis plan must be written and kept on-site.
Before an owner/operator treats, stores, or disposes of any hazardous waste, he or
she must obtain a detailed chemical and physical analysis of a representative sample
of the waste. This information may be supplied either through sampling and
laboratory analysis or through acceptable knowledge. Acceptable knowledge is
defined broadly to include process knowledge (obtaining data from existing
published or documented waste analysis or studies), waste analysis data (obtained
from the generator), or through the facility's records of analyses performed before
the effective date of the RCRA regulations (which is generally a bad option unless
the facility is sure that the analysis is current).
Waste Analysis Plan
The waste analysis plan must, at a minimum, contain six basic elements:
• Procedures to ensure that the waste expected at the off-site TSDF, if
applicable, is the waste described in the manifest
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/UST; Superfund, and EPCRA Hotline.
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TSDFs - 9
• Parameters to be analyzed
• Sampling methods
• Testing and analytical methods
• Frequency for re-evaluating wastes; or frequency of spot check or
fingerprint analysis (for off-site TSDFs)
• Acceptance/rejection criteria for each wastestream (for off-site TSDFs).
Frequency of Analysis
The waste analysis must be repeated periodically to ensure that the information on a
given waste is accurate and up to date. At a minimum, the waste analysis must be
repeated (1) when the TSDF is notified, or has reason to believe, that the process or
operation generating the hazardous wastes has changed; (2) when inspection
indicates that the hazardous waste received does not match the information on the
accompanying manifest; or (3) off-site combustion facilities should characterize all
wastes prior to burning to verify that permit conditions will be met.
SECURITY
Security provisions (§§264/265.14) are intended to prevent accidental entry, and to
minimize the possibility of the unauthorized entry of people or livestock onto the
active portion of the facility. Unless the owner/operator of a facility demonstrates to
the Regional Administrator that livestock or unauthorized persons who enter the
facility will not be harmed or cause any portion of the regulations to be violated, the
facility must have the following security provisions (§§264/265.14(a)(l) and (2)):
• A 24-hour surveillance system which continuously monitors and controls
entry onto the active portion of the facility (e.g., television monitoring,
guards)
or
• An artificial or natural barrier which completely surrounds the active
portion of the facility (e.g., fence), and a means to control entry to the
active portion at all times via gates or entrances (if the active portion is
located at a larger facility that has barriers and a means to control entry
that meet the above standards, the active portion does not need its own
system)
and
• A sign reading: "Danger — Unauthorized Personnel Keep Out" at each
entrance to the active portion. It must be written in English and any other
language that is predominant in the area surrounding the facility. It must
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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be legible from a distance of 25 feet. Alternate language conveying the
same message may be used (45 FR 33183; May 19,1980).
INSPECTION REQUIREMENTS
The owner/operator must inspect the facility for malfunctions, deteriorations,
operator errors, and discharges (§§264/265.15). The inspection provisions are carried
out according to a written inspection schedule which is developed and followed by
the owner/operator and kept at the facility. The schedule must identify the types of
problems to be observed. Frequency of inspection must be described and may vary
from item to item on the schedule. Areas subject to spills, such as loading and
unloading areas, must be inspected daily when in use. Technology-specific
inspections or requirements also must be included in the schedule (e.g., §265.226 for
surface impoundments). The owner/operator must record inspections in a log or
summary as well as remedy any problems identified during inspections. The
records must be kept at the facility for three years, and must include the date and
time of inspection, the name of the inspector, notation of observations, and the date
and nature of any necessary repairs or other remedial actions.
PERSONNEL TRAINING
Personnel at TSDFs must successfully complete a program of classroom instruction
or on-the-job training in compliance with §§264/265.16. At a minimum, the
training should focus on effective response to emergencies.
Training
The training program must be completed six months from the date the facility is
subject to Parts 264/265 or Part 266 regulation, or six months after the date a worker
is newly employed. New employees are required to work under supervision until
their training is complete. Facility personnel must take part in an annual review of
their initial training.
Documentation
Training-related documents and records must be kept at the facility. These must
include a job title for each person and the name of the employee filling that
position. Also, a written job description is needed for each position and records
documenting that the training or job experience has been completed satisfactorily by
the employee holding that position. Finally, the files must contain the training
records on current personnel and past employees for three years.
The information in this document is not by any means a complete representation of EPA s regulations or policies, but is
an introduction used for Hotline trainingpurposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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REQUIREMENTS FOR IGNITABLE, REACTIVE, OR INCOMPATIBLE WASTE
Special care must be taken in handling ignitable, reactive, or incompatible wastes
(§§264/265.17). Ignitable and reactive wastes must be protected from ignition
sources. "No Smoking" signs must be placed where ignitable and reactive wastes
are stored and separate smoking areas designated (§§264/265.17(a)). Sections
264.17(b)(l)-(5) and corresponding language in Part 265 state additional, self-
explanatory handling requirements. Owners/operators for whom §§264.17(a) and
(b) are applicable must document their compliance with those sections (§264.17(c)).
LOCATION STANDARDS
As mentioned earlier, the location standards differ between new and existing
facilities. The location standards for new facilities provided in §264.18 place
restrictions on siting new facilities including restrictions on locating TSDFs in
floodplains or earthquake sensitive areas. Existing facilities are not subject to the
floodplains and seismic considerations, because the facilities are already in
operation.
Both interim status and permitted TSDFs may not place noncontainerized or bulk
liquid hazardous waste in a salt dome, salt bed formation, or underground mine or
cave. Congress has granted one exception to this rule: the Department of Energy's
Waste Isolation Pilot Project (WIPP) in New Mexico (§§265.18/264.18(c)).
CONSTRUCTION QUALITY ASSURANCE
Interim status and permitted landfills, waste piles, and surface impoundments are
required to implement a construction quality assurance program (CQA) under
§§264/265.19. The CQA program ensures that during the construction of a unit all
design criteria are met (discussed in the Land Disposal Units Module). A written
CQA plan is required, and the CQA officer (i.e., registered professional engineer)
must certify that the unit meets all design criteria and permit specifications before
waste can be received in the unit.
2.3 SUBPART C: PREPAREDNESS AND PREVENTION
The preparedness and prevention standards are intended to minimize and prevent
emergency situations at TSDFs. Facilities must be operated and maintained to
minimize the possibility of a fire, explosion, or any unplanned sudden or
nonsudden release of hazardous waste or hazardous waste constituents to air, soil,
or surface water. The regulations require maintenance of equipment, alarms,
minimum aisle space, and provisions for contacting local authorities. Specifically,
§§264/265.32 mandate that a facility must have an internal communication or alarm
system, a phone or radio capable of summoning emergency assistance, fire fighting
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction used for Hotline trainingpurposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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equipment, and adequate water supply. Sections 264/265.33 and 264/265.34 require
that this equipment be maintained and tested regularly, and that all personnel have
access to an alarm system or emergency communication device. In addition, the
facility must have aisle space that is sufficient to ensure easy movement of
personnel and equipment during emergencies must be maintained at the facility
unless the owner/operator demonstrates that it is unnecessary (§§264/265.35).
Facilities must also have provisions for contacting local authorities that might be
involved in emergency responses at the facility. The local authorities must be
familiar with the facility and properties of the hazardous waste(s) handled at the
facility (§§264/265.37). Local authorities include police, fire department, hospitals,
and emergency response teams. Where more than one local authority is involved,
a lead authority must be designated. Where state or local authorities decline to
enter into such arrangements, the owner/operator must document the refusal in
the operating record.
2.4 SUBPART D: CONTINGENCY PLAN AND EMERGENCY
PROCEDURES
Contingency plans and emergency procedures provide the owner/operator with
mechanisms to respond effectively to emergencies. The goal is to minimize hazards
resulting from fires, explosions, or any unplanned sudden or nonsudden release of
hazardous waste or constituents to air, soil, or surface water. The provisions of the
contingency plan must be carried out immediately in response to an emergency, and
are to be documented in a written contingency plan maintained at the facility.
CONTENT OF CONTINGENCY PLAN
The plan describes arrangements with local authorities and lists names, addresses,
and telephone numbers of all people qualified to act as emergency coordinators. If
more than one emergency coordinator is listed, a primary contact must be
designated. The plan must include a list of all emergency equipment and
evacuation plans, where applicable. If the owner/operator has already prepared an
emergency or contingency plan in accordance with other regulations (e.g., spill
prevention, control, and countermeasures, or SPCC), amending the existing plan to
incorporate hazardous waste management provisions is sufficient to fulfill the
requirements of Subpart D.
COPIES AND AMENDMENTS
A copy of the contingency plan (and any revisions) must be maintained at the
facility and provided to all local authorities who may have to respond to
emergencies (§§264/265.53).
The information in this document is not by any means a complete representation of EPA s regulations or policies, but is
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/UST Superfund, and EPCRA Hotline.
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The contingency plan must be reviewed and amended when the applicable
regulations or facility permits are revised, the plan fails in an emergency, or there
are changes to the facility, the list of emergency coordinators, or the list of
emergency equipment (§§264/265.54).
EMERGENCY COORDINATOR
The emergency coordinator (§§264/265.55) is responsible for assessing emergency
situations and making decisions to respond. There must be at least one employee
either on the facility premises or on call to fill this role. This person must have the
authority to commit the resources needed to carry out the contingency plan.
EMERGENCY PROCEDURES
In the event of an imminent or actual emergency situation, the emergency
coordinator must immediately activate internal facility alarms or communication
systems and notify appropriate state and/or local authorities. In cases where there is a
release, fire, or explosion, the emergency coordinator must immediately identify the
character, exact source, amount, and extent of any released materials. At the same
time, the coordinator must assess possible hazards to human health or the
environment. If the coordinator determines that the emergency threatens human
health or the environment outside of the facility and finds that evacuation of local
areas may be advisable, the coordinator must notify appropriate authorities and either
the designated government official for the area or the National Response Center.
During an emergency, measures must be taken to ensure that fires, explosions, and
releases do not occur, recur, or spread. If the facility stops operation, the coordinator
must monitor for leaks, pressure buildup, gas generation, or ruptures in valves,
pipes, or other equipment (§§264/265.56 (a)-(f)).
POST-EMERGENCY PROCEDURES
After an emergency, any residue from the release, fire, or other event must be
treated, stored, or disposed of according to all applicable RCRA regulations. The
facility may end up assuming generator status because of this. The coordinator must
ensure that all emergency equipment is cleaned and fit for use before operation is
resumed. The owner/operator must document in the facility operating record
events that required the implementation of the contingency plan. Within 15 days of
the accident, the owner/operator must submit a written report describing the
incident to the Regional Administrator (§§264/265.56(g)-(j)).
The information in this document is not by any means a complete representation of EPA s regulations or policies, but is
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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14 - TSDFs
2.5 SUBPART E: MANIFEST SYSTEM, RECORDKEEPING, AND
REPORTING
The paperwork required by Subpart E is designed to track hazardous waste from
cradle to grave. The manifest system tracks each shipment of hazardous waste
while the operating record and biennial report summarize facility activity over
time.
MANIFEST
TSDFs that accept waste from off-site are the final signatories to the manifest. When
a manifested waste shipment is received, all copies of the manifest are signed and
dated by the owner/operator. Signed copies of the manifest are kept by the
transporter and the TSDF, and a copy is sent to the generator within 30 days to verify
acceptance of the waste (§§264/265.71). If the owner/operator of a TSDF must send
the waste on to another TSDF for further treatment or disposal, a new manifest with
a new designated facility must be initiated.
MANIFEST DISCREPANCIES
As discussed above, upon receipt of a manifested waste the owner/operator of a
TSDF must determine if the manifest accurately describes the waste it accompanies.
Any discrepancies in weight (for bulk shipments, over 10 percent), piece count (for
batch or containerized waste shipments, one container per truckload), or waste type
are considered significant and should be noted on all copies of the manifest at the
time of signature. The owner/operator must try to reconcile the discrepancy with
the transporter or generator promptly. Any discrepancies not resolved within 15
days of waste receipt must be reported to the Regional Administrator with an
explanatory letter and a copy of the manifest (§§264/265.72).
UNMANIFESTED WASTE
If a TSDF accepts waste from off-site without a manifest, an unmanifested waste
report must be prepared in accordance with §§264/265.76. The report must be
submitted within 15 days of receiving the waste to the Regional Administrator on
EPA Form 8700-13B.
OPERATING RECORD
Until closure, the owner/operator is required to keep a written operating record on-
site (§§264/265.73) describing all waste received; methods and dates of treatment,
storage, and disposal; and the wastes' location within the facility as detailed in
Appendix I of Parts 264/265. All information should be cross-referenced with the
manifest number. The operating record also must include waste analysis results,
details of emergencies requiring contingency plan implementation, inspection
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction used for Hotline traininepurposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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TSDFs -15
results (for three years), groundwater monitoring data, land treatment and
incineration monitoring data, and closure and post-closure cost estimates. Most
records may be kept on computer or microfiche, but original, signed copies of
manifests must be kept for inspection purposes.
BIENNIAL REPORT
Biennial reports must be filed with the Regional Administrator on March 1 of each
even numbered year, covering the facility's activities for the previous year
(§§264/265.75). For example, the biennial report covering 1987 activities would be
due March 1,1988. The facility report Form 8700-13B is sent to the facility by the
region. In addition, many facilities also must submit a biennial report to their state
office each odd numbered year.
If the facility owner/operator also shipped waste off-site, a generator report (EPA
Form 8700-13A) must be filed in addition to a TSD facility report (48 FR 3977;
January 28,1983).
ADDITIONAL REPORTS
Other reports that must be made to the Regional Administrator include, but are not
limited to, reports of releases, fires and explosions, groundwater contamination and
monitoring data, and facility closure (§§264/265.77). Releases may also trigger
CERCLA and EPCRA reporting. See the Other Laws Module for more detail.
RECORD AVAILABILITY
Sections 264/265.74 specify that all records and plans must be available for
inspection. Required record retention periods are automatically extended during
enforcement actions or as requested by the Administrator. When a facility certifies
closure, a copy of records of waste disposal locations and quantities must be
submitted to the Regional Administrator and to the local land authority.
The information in this document is not by any means a complete representation of EPA s regulations or policies, but is
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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16- TSDFs
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction used for Hotline trainingpurposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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TSDFs -17
3. SPECIAL ISSUES
The following discussions should prepare you for some frequently asked or
particularly tricky questions relating to RCRA standards for TSDFs.
3.1 TSDF AS GENERATOR
As discussed earlier, if the owner/operator of a TSDF initiates a waste shipment, a
new manifest must be prepared to comply with Part 262 standards (§§264 / 265.71 (c)).
To take this a step further, if a TSDF generates hazardous wastes other than those
generated as a result of treatment, the TSDF would be considered a RCRA generator.
For example, if the TSDF discarded used solvents (such as solvents used to degrease
equipment) that were listed in 40 CFR Part 261, it would be considered the generator
and would have to comply with the regulatory requirements applicable to
generators in Part 262. Compliance with the Part 262 regulations can include an
accumulation area under §262.34 which is exempt from permitting. This exempt
accumulation area would only be available to hazardous wastes which are generated
by the TSDF on-site.
3.2 TSDF AS TRANSFER FACILITY
TSDFs may also serve as "transfer facilities," (§260.10) and may hold the waste that is
appropriately packaged in accordance with DOT regulations for up to 10 days
provided the TSDF is not the final destination (i.e., designated facility) for that waste
(October 30,1990 memorandum; Lowrance to Ullrich).
3.3 OSHA REQUIREMENTS
There are several areas of RCRA's general TSDF regulations that overlap with
OSHA hazardous waste operations (HAZWOPER) regulations. These regulations,
found at 29 CFR 1910.120, require a training program, contingency plan, and
provisions for preparedness and prevention. The specific requirements are
generally different than the provisions for TSDFs because OSHA regulations are
designed to protect the worker, rather than the environment. Some of the
requirements are similar enough, however, that meeting the regulations under
OSHA may at least partially satisfy the RCRA regulations for training, contingency
plan, and preparedness and prevention.
The information in this document is not by any means a complete representation of EPA s regulations or policies, but is
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/VST, Superfund, and EPCRA Hotline.
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