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.
pal774b
SW-738
GPO 938 168
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