ERA'S HAZARDOUS WASTE REGULATIONS



                        A Citizen's Overview






     The Resource Conservation and Recovery Act of 1976 (RCRA),



Public Law ^4-580, requires the Environmental  Protection Agency



to establish a major new regulatory program for the control  o^



hazardous waste.  Both EPA and State governments will share the



responsibilities for implementing and monitoring the program.



However, unlike RCRA's program for managing nonhazardous waste--



a program which is controlled entirely by the States subject to



Federal guidelines—the hazardous waste management program will



be a strictly regulated system.  Federal controls wer? deemed



necessary by Congress because of the special dangers these wastes



pose to public health and the environment.



     RCRA's sections 3001 to 3006 and 3010 are designed to regulate



hazardous waste from "cradle to grave," that is, from the point of



generation to its ultimate disposal.  The Act requires EPA to  publish



standards for generators, i.e., one whose act or process produces



hazardous waste; transporters; and owners or operators of facilities



that treat, store, or dispose of hazardous waste.  The mechanism that



will connect these separate standards into a continuous system of



hazardous waste control is the manifest system.  The manifest  is a




document used to record the movement of hazardous waste from the



generator's premises to an authorized off-site treatment, storage,



or  disposal facility.  The names, addresses, and  signatures of  the



generator, transporter, and facility operator all appear on the





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manifest so that an individual pastel oad may be tracked from the

generator to disposal.

     Seven regulations are proposed or are being developed pursuant

to the Act to carry out the hazardous  waste program.   Their major

aspects are described in this booklet.  These regulations  will  be

designated as Part 250 of Title 40 of the Code of Federal  Regulations

(CFR).  Subpart designations within Part 250, which identify the

individual regulations in the CFR, are indicated.

                PUBLICATION IN THE FEDERAL REGISTER

     Six of the seven regulations required to implement EPA's

hazardous waste management program have now been proposed; the

seventh (under section 3005 of RCRA) is expected to be proposed

in February
                                                              Proposed in
RCRA Section _ Title of Regulation _ Federal  Register
3001               Subpart A: Identification and              December 18,  1978
                   Listing of Hazardous Waste

3002               Subpart B: Standards Applicable            December 18,  1978
                   to Generators of Hazardous Waste

3003               Subpart C: Standards Applicable   ,         April  28, 1978
                   to Transporters of Hazardous Waste

3004               Subpart n: Standards Applicable            December 18,  1978
                   to Hazardous Waste Facilities

3005               Subpart E: Permits for Treatment,          February 1979--
                   Storage, or Disposal of Hazardous Waste    tentative

3006               Subpart F: Guidelines for Development      February 1,  1978
                   of State Hazardous Waste Program2          (to be reproposed
                                                              in  February  1979
                                                              [tentative]}

3010 _ Suboart G: Notification System _ July II , 1978

'The Department of Transportation also proposed regulations  pursuant to the
 Hazardous materials Transportation Act pertaining to transportation of
 hazardous waste, which were published in the Federal Register,  May 25, 1978.
^Sections 3005 and 3006 will  be integrated with proposed rules under the Clean
 Water Act and the Safe Drinking Water Act.

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                 HIGHLIGHTS  OF  PROPOSED  REGULATIONS







      Hazardous  Waste  Identification  (Subpart A):  This  proposed



 regulation  (under  section 3001  of  RCRA)  defines a hazardous waste.



 EPA has  proposed two  methods for determining whether a waste  is



 hazardous.   A waste will be considered  hazardous  if it is listed



 in  the  regulation  or  if  it  has  one of four  characteristics:



 ignitability, corrosivity,  reactivity,  or toxicity.  The regulation



 about 160 wastes and  waste  streams.   (Waste streams are emphasized



 over specific hazardous  substances in the list because industrial



 wastes  tend to  be  complex mixtures with  many components, only some



 of  which may exhibit  hazardous  characteristics.)



      Those who  generate  hazardous  waste will be subject to  regulatory



 control  either  by  EPA or an authorized  State (i.e., a  State whose



 hazardous waste program  has been approved by EPA).  EPA may add or



 delete  materials from the list and may  add  or  delete characteristics



 which are used  to  identify  hazardous waste  not on the  proposed list.



 Any such change will  be  made by revising Subpart  A through  the rule-



 making  process, giving the  public  an  opportunity  to comment on EPA's



 reasons  for making the change.





     Hazardous Waste Generators (Subpart B): This regulation  (section



3002 of RCRA) defines  the responsibilities of hazardous waste  generators



Generators must  determine if any of their wastes are hazardous; label



containers used for storage, transport,  or disposal  of  hazardous



waste; keep records identifying quantities,  constituents,  and



disposition of waste deemed  hazardous;  use a system  of  documents



(manifest system) to assure  that the  waste is delivered to a permitted

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treatment, storage, or disposal facility; and submit reports  to EPA or



an authorized State on the quantity of hazardous  waste they generated



and how they disposed of it.  Generators must assure that their



hazardous wastes are treated, stored, or disposed of only at  a facility



which has a permit issued pursuant to Subpart E.   On-site disposal  also



requires a permit issued under Subpart E but does not require a manifest.



     This Subpart exempts those who generate less than 100 kilograms



of hazardous waste a month, provided the waste is disposed of in an



approved disposal facility under subtitle D of RCRA (under which open



dumping is prohibited and environmentally acceptable practices are



required) or it is treated, stored, or disposed of in a facility



permitted by EPA or an authorized State.



     Hazardous Waste Transporters (Subpart C):  Proposed Subpart C



(section 3003 of RCRA) establishes a system which controls the



transportation of hazardous waste.  These regulations were proposed



in the Federal Register on April 28, 1978.  They  include reguirements



for proper labeling for transportation; compliance with the manifest



system (required under section 3002); and keeping records on  the trans-



portation of hazardous waste, which identify the  source and delivery point




O-F the waste.  They also specify that transportation of hazardous



waste may be transported only to an  authorized treatment,  storage,



or disposal facility, which the generator/shipper designates  on the



mani fest form.



     In some instances, there is an overlapping of regulatory



authority between RCRA and the Hazardous Materials Transportation



Act (HMTA), administered by the U.S. Department of Transportation

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(DOT).  To avoid duplication of administration and enforcement
efforts, EPA and DOT agreed that DOT would alter its regulations
under HMTA to be compatible with EPA's regulations.   Thus  DOT's
proposed amendments (43 Federal Register 22626, May 25, 1978)
under HMTA include certain RCRA directives relating to transportation
of hazardous waste, e.g., requirements for recordkeeping and for
prohibiting transportation and delivery to improper treatment,
storage, or disposal  facilities.  Overlapping of regulatory
authority also occurs under HMTA and RCRA's section  3002--e.g.,
proper labeling, packaging, and placarding for transportation—which
will be administered similarly.
     EPA and DOT intend to jointly enforce any regulations  where
there is duplication of authority.  Where DOT has no authority to
regulate, individuals must comply with EPA's regulations.
     Hazardous Waste Treatment, Storage, and Disposal (Subpart D):
Proposed Subpart 0 (section 3004 of RCRA) establishes minimum
standards for owners and operators of facilities which treat, store,
and  dispose of hazardous waste.  These standards are designed to  assure
such facilities are safe.   No  facility may obtain an operating permit
unless it meets these standards.  They include design and engineering
standards to contain, neutralize, or destroy the wastes so they
cannot contaminate groundwater, surface water, or the air.   Some
of the more important standards for operating the facility include
safety and emergency measures in the event of a discharge of hazardous
waste; training of personnel in emergency procedures; and keeping
records and filing reports of activities and data as required  by
Subpart D.

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     This regulation requires each site to he prepared to pay damages
of up to $5 million for each case of damage while the  site is operating.
It also requires the owner or operator of a facility to establish  a
trust fund for closing the site after its operations have terminated.
This fund will be used to monitor and maintain the site for a period
of 20 years following closure for the protection of health and the
environment.
     Hazardous Waste Facilities Permits (Subpart E): This regulation
(Section 3005 of RCRA) will be proposed in February 1979.  It will
require the establishment of a permit program for owners and operators
of facilities that treat, store, or dispose of hazardous waste.  To
obtain a permit the applicant must submit information  on the site  and
on the composition, quantities, and concentrations of hazardous
waste proposed to be disposed of, treated, or stored at the facility.
The Act also requires that the application for a permit contain
information on the volume and frequency of such activities over a
given period of time.
     State Hazardous Waste Programs (Subpart F):   Proposed
Subpart F (section 3006 of RCRA) sets forth guidelines to assist States
in development of their hazardous waste management programs and the
procedures for States to follow in seeking authorization from EPA
for their programs.  States seeking authorization must demonstrate
that their programs are equivalent to or stricter than the Federal
program.  Authorization by EPA may be withdrawn if EPA later determines

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that the program is not being properly administered or enforced.
     The regulations pursuant to sections 3005 and 3006 of RCRA are
being integrated with similar provisions under the Clean Water Act and
Safe Drinking Water Act, which are administered by EPA.

     Notification Requirements (Subpart G):   This regulation (under
section 3010) requires all generators, transporters, and facility
operators subject to subtitle C to notify EPA (or an authorized State)
of their hazardous waste activities.   The notice must state the
location and general description of the activity and the hazardous waste
handled by the person submitting the notice.   Notices must be filed
within 90 days after regulations are promulgated or revised identifying
or listing a waste as hazardous.  Such waste may not be transported,
treated, stored, or disposed of unless the notice is filed.

                    MAJOR ISSUES FOR PUBLIC COMMENT
     The core elements of EPA's hazardous waste management program
are contained in the regulations proposed under sections 3001,
3002, and 3004, published December 18, 1978.   In developing these
regulations the Agency entered a new and extremely complex area of
environmental regulation.  Many issues were identified during the
rulemaking process, and the Agency anticipates that additional issues
will be identified during the comment period.  The Agency expressly
draws attention to two major issues, which, by their nature, impact
upon many aspects of the total system.  Comment on these issues is
specifically solicited.

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     1, Management of Small  Quantities of Hazardous  Haste.



The proposed regulation (Subpart B,  §250.29)  excludes  from the



system persons who generate and dispose of 100 kilograms  or less



of hazardous waste per month.   An alternative  considered  by EPA



is to exempt persons who generate 1000 kilograms  per month.   The



Agency recognizes that even under the 100-kilogram  standard, certain



hazardous waste can pose a  significant danger  if improperly disposed



of.  In attempting to resolve this difficult issue  the  proposal



strives to balance the need to protect human health and the environment



with the need to hold the administrative and economic burdens of



management under RCRA within reasonable limits.   Note that, in any



case, all hazardous waste must be disposed of in  an approved



facility under the Act.



     2. Serious Economic Impacts on a Small  Number  of Products.



Preliminary economic analyses, based upon the  100-kilogram exclusion,



indicated the potential for large economic impacts  on certain



product areas of some industries.  This is due to the high cost of



treating the hazardous waste resulting from, for example,  only one



product of many manufactured by a specific company.  These impacts



include the possibility of plant closures in some of the  product



areas, which would not necessarily be alleviated  by raising  the



cutoff level to 1000 kilograms per month.  The problem  which



confronts the Agency is how to deal with the potential  impacts,



based upon little available economic data and  without clear

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Congressional guidance in RCRA on the question of economic impact.
Several alternatives are discussed in the proposal and the Agency
solicits comment with discussion of these and any other alternatives
along with supporting data on this issue.

                      MONITORING AND ENFORCEMENT
     The most important aspect of EPA's program is the identification
and inclusion of hazardous waste in the control system.  The
responsibility for this is on the generator.   The generator is also
responsible for notifying EPA or an authorized State when a
confirmation of delivery is not received.  Because of the primary
role of the generator in the program, EPA will focus a significant
amount of its monitoring and enforcement efforts on generators.
     EPA is authorized, under section 3008 of RCRA, to prosecute any
person who fails to comply with any requirements under the
regulations.  Violations can result in civil  or criminal  penalties,
or both.

                              CONCLUSION
     In the approximately 2 years it has taken to develop this
series of regulations, EPA has endeavored to involve the public
to the greatest extent feasible.  EPA held over 85 public meetings,
which were attended by industry; citizen and environmental groups;
Federal, State, and local governments; and the general public.
In addition, the Agency circulated drafts of the regulations to  industry,
environmental groups, and others for comment.  The proposed regulations
reflect a careful analysis and integration of the comments from  these

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various sectors of the public.

     EPA requests comments on all issues raised in the preambles

to the regulations and in the regulations.  The comment period

on the regulations under sections 3001 to 3004 closes on March 16,

1979.  The Agency intends to promulgate all hazardous waste regulations

by December 1979.

     Copies of the proposed regulations may be obtained from Solid

Waste Information, U.S. Environmental Protection Agency, Cincinnati,

OH  45268.

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SW-738
                                                                GPO 938 168

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