United States
Environmental
Protection Agency
Solid Waste and
Emergency Response
(5305W)
EPA530-R-99-064
PB2000-101 904
February 2000
RCRAr Superfund & EPCRA
Hotline Training Module
Introduction to:
RCRA Treatment, Storage, and
Disposal Facilities
(40 CFR Parts 264/265, Subparts A-E)
Updated October 1999
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DISCLAIMER
This document was developed by Booz-Allen& Hamilton Inc. under contract 68-W 0-0039 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 train ing and is not used as a reference tool on Hotline calls.
The Hotline revises and updatesthis document as regulatory pro gram areas change.
The information in this docume nt may not necessarily reflect the current position ofthe Agency. This document is
not intended and cannot be relied upon to create any rights, subs tan live orprocedural, enforceable by any party in
litigation with the United States.
RCRA, Superfund & EPCRA Hotline 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 Time,
Monday through Friday, except for federal holidays.
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RCRA TREATMENT, STORAGE, AND DISPOSAL FACILITIES
CONTENTS
1. Introduction 1
2. Regulatory Summary 2
2.1 Applicability: Subpart A 3
2.2 General Facility Standards: Subpart B 7
2.3 Preparedness and Prevention: Subpart C 11
2.4 Contingency Plan and Emergency Procedures: Subpart D 11
2.5 Manifest System, Recordkeeping, and Reporting: Subpart E 13
3. Special Issues 15
3.1 TSDF as Generator 15
3.2 TSDF as Transfer Facility 15
3.3 OSHA Requirements 15
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TSDFs -1
1. INTRODUCTION
The final link in RCRA's cradle-to-grave concept is the treatment, storage, and disposal
facility (TSDF) that follows the generator and transporter in the chain of waste
management activities. The regulations pertaining to TSDFs are more stringent that
those that apply to generators or transporters. They include general facility standards
as well as unit-specific design and operating criteria. The general facility standards
consist of good housekeeping provisions for any facility that handles hazardous waste.
The unit-specific technical requirements are designed to prevent the release of
hazardous waste into the environment. The regulations also address the different types
of hazardous waste units available to treatment, storage, and disposal facilities. This
training module presents an overview of the general TSDF standards found in 40 CFR
Part 264/265, Subparts A through E. The unit-specific standards will be addressed in
other training sessions.
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 to the topic used for Hotline training purposes.
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2- TSDFs
2. REGULATORY SUMMARY
RCRA §3004 requires that EPA develop standards for both existing TSDFs that were
immediately subject to regulation at the time the statute was enacted 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. To make allowances for existing facilities that would not be able to comply
with the full regulatory program immediately, EPA promulgated 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 the standards EPA deemed 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 impracticable for existing facilities to implement immediately.
Other aspects of the RCRA regulatory program 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 directed EPA to establish a system for issuing TSDFs permits (RCRA §3005).
A TSDF not only must comply with the standards of Part 264/265, but an
owner/operator also needs to obtain a permit under Part 270 (or operate under interim
status) 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. Generators and transporters are not
required to obtain permits for several reasons: they generally handle smaller amounts
of waste for shorter periods of time and their operations are more changeable, which is
not conducive to the long and detailed process of permitting. A TSDF, on the other
hand, is a permanent facility in operation for the purpose of making a profit from waste
management. The module entitled Permits and Interim Status provides more detail
about applying for and receiving a permit.
The standards found in Part 264/265, Subparts A through E, pertain to general facility
operating requirements. The purpose of these five subparts is to define which units are
subject to regulation and establish general specifications, set reporting and
recordkeeping requirements, and specify procedures for daily operation and
emergencies.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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TSDFs - 3
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.
2.1 APPLICABILITY: SUBPART A
With some exceptions, the Part 264/265 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 so as to neutralize such waste, or so as to recover energy or material
resources from the waste, or so as to render such waste non-hazardous, or less
hazardous; safer to transport, store or dispose of; or amenable for recovery, amenable
for storage, or reduced in volume. 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 Part 264/265.
TSDF is a term of convenience, grouping all such facilities together for the purpose of
discussing the regulations. In practice, there are storage facilities, treatment and
disposal facilities, and every other combination possible. A facility becomes subject to
Part 264/265 if it chooses to perform any of these three regulated activities.
EXEMPTIONS
All hazardous waste TSDFs are subject to Part 264/265 unless they are specifically
excluded. Because Part 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.
Permits-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, a facility with a
permit under another environmental law that meets the conditions in §270.60 is exempt
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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4 - TSDFs
from the substantive requirements of Part 264/265. Sections 264.1(0), (d), and (e) state
that the Part 264 standards apply to permit-by-rule facilities (ocean disposal,
underground injection, publicly owned treatment works (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 at a TSDF prior to
placement in facilities exempt under permit-by-rule is subject to Part 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).
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 Part 264/265 (§§264.1(g)(l)/265.1(c)(5)). According to §261.5(g)(3), such
facilities must be either permitted, licensed, or registered by the state for handling
nonhazardous non-municipal or municipal solid waste, qualify as a recycling facility, or
be subject to the universal waste handler or destination facility regulations under Part
273.
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 Part 264/265 only to the
extent that the Part 266 or Part 279 recycling regulations refer back to them:
• Materials used in a manner constituting disposal
• Hazardous waste burned in boilers and industrial furnaces
• Precious metals that are recycled
• Spent lead-acid batteries that are reclaimed
• Used oil that is recycled.
Owners or operators managing the following recyclable materials are not subject to Part
264/265 (§§264.1(g)(2)/265.1(c)(6)):
• Industrial ethyl alcohol that is reclaimed
• Scrap metal
• Fuels produced from the refining of oil-bearing hazardous wastes
• Oil reclaimed from oil-bearing hazardous waste.
For more details about hazardous waste recycling exemptions, see the module entitled
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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TSDFs - 5
Definition of Solid Waste and Hazardous Waste Recycling.
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.
Farmers
According to §§264.1(g)(4)/265.1(c)(8), a farmer disposing of pesticide wastes on their
own property in compliance with §262.70 is not subject to the standards of Part
264/265. Congress did not want dual-regulation of 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 (43 FR 58969; December 18,1978).
Totally Enclosed Treatment
Totally enclosed treatment facilities are excluded from Part 264/265 (§§264.1(g)(5)/
265.1(c)(9)). A totally enclosed treatment facility means a facility which is directly
connected to an industrial production process and which is constructed and operated in
a manner which prevents the release of any hazardous waste or any constituent thereof
into the environment during treatment (§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 Part 264/265. In order to qualify as an ENU, the unit must be a container, tank,
tank system, transport vehicle, or vessel and only neutralize wastes that are hazardous
solely for the characteristic of corrosivity (§260.10). Neutralization in a surface
impoundment or any other land-based unit is subject to regulation.
Wastewater Treatment Unit
Wastewater treatment units are also excluded under Part 264/265 (§§264.1(g)(6)/
265.1(c)(10)). To meet the exclusion, these units must meet all three parts of the
definition of a wastewater treatment unit in §260.10. A wastewater treatment unit
must:
• Have a discharge subject to Clean Water Act (CWA) pretreatment standards or
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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6 - TSDFs
permitting requirements under CWA §§402 or 307(b)
• Manage hazardous wastewater or hazardous wastewater treatment sludge
• Meet the definition of a tank or tank system.
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.
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." 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 (§270.61).
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 Part 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 Part 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. 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
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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defined as universal wastes: hazardous waste batteries, pesticides, and thermostats. On
July 6,1999 (64 FR 36466), EPA added hazardous waste lamps to universe waste,
effective January 6,2000.
OTHER APPLICABILITY ISSUES
Although Subpart A of Part 264/265 primarily addresses the applicability of TSDF
standards, it also places some restrictions or conditions on operating facilities.
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 Part
264/265.
Dioxin-Containing Waste
Interim status facilities may not manage dioxin-containing wastes (F020-F023, F026, and
F027) unless the requirements in §265.1(d) are met.
2.2 GENERAL FACILITY STANDARDS: SUBPART B
If a TSDF is not exempt, it must comply with the requirements in Part 264/265. The
general facility standards cover a variety of good housekeeping requirements that are
required for any non-exempt TSDF. These provisions include recordkeeping
requirements, personnel training requirements, and other safety requirements. Most of
the standards are the same for permitted and interim status facilities, but notations are
made where they are different.
IDENTIFICATION NUMBER
All TSDF owners and operators must obtain a site-specific EPA identification number
(§§264/265.11).
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. A waste
analysis plan (WAP) outlines the verification procedures, including specific sampling
methods, necessary to ensure proper treatment, storage, or disposal (§§264/265.13).
The WAP must be written and kept on site.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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8- TSDFs
Before an owner/opera tor 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.
Waste Analysis Plan
The WAP must, at a minimum, contain the following basic elements:
• The parameters to be analyzed
• Testing and analytical methods
• Sampling methods used to obtain representative samples
• Frequency of waste re-evaluation
• For off-site TSDFs, the waste analyses that generators have agreed to supply
• Procedures to ensure that the waste received at the off-site TSDF matches the
identity of the waste designated on the accompanying manifest.
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; and (2) when inspection
indicates that the hazardous waste received does not match the information on the
accompanying manifest. Off-site combustion facilities should characterize all wastes
prior to burning to verify that permit conditions will be met.
SECURITY
Security provisions are intended to prevent accidental entry and minimize the
possibility of unauthorized entry of people or livestock onto the active portion of the
facility (§§264/265.14). 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 install the following security measures (§§264/265.14(a)(l) and (2)):
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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TSDFs - 9
A 24
onto
-hour surveillance system which continuously monitors and controls entry
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. The sign must be written in English and any other
language that is predominant in the area surrounding the facility. It must be
legible from a distance of 25 feet. Alternate language conveying the same
message may be used (45 FR 33181; May 19,1980).
INSPECTION REQUIREMENTS
The owner/operator must visually inspect the facility for malfunction, deterioration,
operator errors, and discharges (§§264/265.15). The inspection provisions are carried
out according to a written inspection schedule that is developed and followed by the
owner/opera tor and kept at the facility. The schedule must identify the types of
problems to be looked for, and set the frequency of inspection, which may vary. Areas
subject to spills, such as loading and unloading areas, must be inspected daily when in
use. Unit-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, and must remedy any problems identified during
inspections. The records 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, and must be kept at the facility for three years.
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.
The training program must be completed six months from the date the facility is subject
to Part 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
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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10 - TSDFs
is complete. Facility personnel must take part in an annual review of their initial
training.
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.
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 264/265.17(b)(l)
through (5) state additional, self-explanatory handling requirements. Owners and
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 (§§264.18(c)/265.18).
CONSTRUCTION QUALITY ASSURANCE
Interim status and permitted landfills, waste piles, and surface impoundments are
required to implement a construction quality assurance (CQA) program under
§§264/265.19. The CQA program ensures that all design criteria are met during the
construction of a unit. A written CQA plan is required, and the CQA officer (i.e., a
registered professional engineer) must certify that the unit meets all design criteria and
permit specifications before waste can be received in the unit.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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2.3 PREPAREDNESS AND PREVENTION: SUBPART C
The preparedness and prevention standards are intended to minimize and prevent
emergency situations at TSDFs. Facilities must be operated and maintained in a manner
that minimizes 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 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
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 and operator must document the refusal in the operating
record (§§264/265.37(b)).
2.4 CONTINGENCY PLAN AND EMERGENCY PROCEDURES:
SUBPART D
Because even strict adherence to the Part 264/265 preparedness and prevention
standards will not eliminate the possibility of an emergency situation, the Part 264/265,
Subpart D regulations are designed to limit the extent of damage resulting from an
emergency. These provisions help facilities respond to a fire, explosion, or any
unplanned release of hazardous waste or hazardous constituents into the environment.
Owners and operators must maintain contingency plans on site at all times and carry
out these plans in the event of an actual emergency.
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
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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12- TSDFs
applicable. If the owner and operator have 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
(§§264/265.52).
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 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 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
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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TSDFs-13
end up assuming generator status for management of these residues. 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)).
2.5 MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING:
SUBPART E
The paperwork required by Part 264/265, 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 facility 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/opera tor 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 to
the Regional Administrator within 15 days of receiving the waste (§§264/265.76).
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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14 - TSDFs
OPERATING RECORD
Until closure, the owner and operator are required to keep a written operating record
on-site 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 Part
264/265 (§§264/265.73). 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 results (for three
years), groundwater monitoring data, land treatment and incineration monitoring data,
and closure and post-closure cost estimates.
BIENNIAL REPORT
Biennial Reports must be filed with the Regional Administrator by 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 1997 activities would be due
March 1,1998. The facility report (Form 8700-13A/B) is sent to the facility by the region
or the authorized state.
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
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
and Emergency Planning and Community Right-to-Know Act (EPCRA) reporting.
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 to the topic used for Hotline training purposes.
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TSDFs -15
3. SPECIAL ISSUES
The following discussions should prepare you for some frequently asked or particularly
intricate questions relating to RCRA standards for TSDFs.
3.1 TSDF AS GENERATOR
As discussed earlier, if the owner or 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, then 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 that is exempt from
permitting. This exempt accumulation area would only be available to hazardous
wastes that 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.
3.3 OSHA REQUIREMENTS
There are several areas of RCRA's general TSDF regulations that overlap with
Occupational Safety and Health Administration (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 complying with the
regulations under OSHA may at least partially satisfy the RCRA requirements 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 to the topic used for Hotline training purposes.
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