RCRA
ORIENTATION
MANUAL
1990 EDITION
THIS MANUAL WAS DEVELOUfCD BY:
THE U.S. ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF SOLID WASTE/PERMITS AND STATE PROGRAMS DIVISION
OFFICE OF OMBUDSMAN
mi M STREET, S.W.
WASHINGTON, D.C. 20460
AND
THE ASSOCIATION OF STATE AND TERRITORIAL SOLID
WASTE MANAGEMENT OFFICIALS
For sale by the Superintendent of Documents, U.S. Government Printing Office
Washington, D.C. 20402
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ACKNOWLEDGEMENTS
This manual was developed by the Office of Solid Waste, State Programs Branch, with
support from the Office of Ombudsman, Office of Program Management and Support and
the EPA/ASTSWMO Advisory Group. Special thanks to the many individuals in EPA
Headquarters and the Regional Offices who reviewed the drafts and provided comments.
Contractor support was provided by Booz, Allen & Hamilton, Incorporated and ICF
Incorporated.
This document has been reviewed by the U.S. Environmental Protection Agency and
approved for publication. Any trade names or commercial products are only examples and
are not endorsed or recommended by the U.S. Environmental Protection Agency.
For further information regarding this manual please contact:
Robert Knox
Office of Ombudsman
U.S. EPA
401 M St., S. W.
Washington, D.C. 20460
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INTRODUCTION TO THIS MANUAL
The U.S. Environmental Protection Agency (EPA) developed this manual to provide
introductory information on the solid and hazardous waste management programs under
the Resource Conservation and Recovery Act (RCRA). The manual outlines the basic
framework of the regulatory program for new EPA and State employees, those persons
new to RCRA assignments, and others interested in the Act. The manual is not,
however, meant to replace in-depth analysis of the statute and its associated regulations
and Agency guidance.. It also does not attempt to impart the skills to perform specific job
duties, such as writing a permit. Furthermore, it is written for those unfamiliar with the
RCRA program; consequendy, complex details purposely have been simplified or
excluded for the sake of clarity.
The manual is an update of the original RCRA Orientation Manual issued in 1985.
Revisions contained in this update reflect the many regulatory changes that have resulted
from both the Hazardous and Solid-Waste Amendments (HSWA) of--1984 and the
Medical Waste-Tracking Act ofJ 988 (RCRA Subtide J).
The first four sections of the manual (Section I through Section IV) include an
introduction to RCRA, a review of the Subtitle ^requirements for nonhazardous solid
waste, a discussion of Subtitle C requirements for hazardous waste, and a description of
Subtitle I's provisions for underground storage tanks. Section V addresses an important
new topic of public concern — the regulation of medical waste. Section VI examines
RCRA's relationship to other environmental laws, especially the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA) — also known as
Superfund. Finally, Section VII addresses the public's role in the RCRA program. Each
Section or Chapter (where applicable) includes an overview of what is to be covered,
illustrations and figures highlighting the text, and a summary of key points presented.
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TABLE OF CONTENTS
Page-Number
INTRODUCTION TO THIS MANUAL
SECTION I INTRODUCTION TO THE RESOURCE 1-1
CONSERVATION AND RECOVERY ACT
SECTION II SUBTITLE D OF RCRA-- MANAGING II-1
SOLID WASTE
SECTION III SUBTITLE CjOF RCRA--MANAGING IH-1
HAZARDOUS WASTE
CHAPTER 1
CHAPTER 2
WHAT IS HAZARDOUS WASTE? ffl-3
REGULATIONS APPLICABLE TO ID-15
GENERATORS OF HAZARDOUS WASTE
CHAPTER
CHAPTER
CHAPTER
CHAPTER
CHAPTER
SECTION IV
SECTION V
SECTION VI
CHAPTER
REGULATIONS APPLICABLE TO
TRANSPORTERS OF HAZARDOUS WASTE
REGULATIONS APPLICABLE TO
TREATMENT, STORAGE, AND
DISPOSAL FACILITIES
5 PERMITTING
6 ENFORCEMENT
7 STATE AUTHORIZATION
tSUBHTLETJOF RCRA -- MANAGING
UNDERGROUND STORAGE TANKS
SUBTITLETOF RCRA -- MANAGING
MEDICAL WASTE
RCRA AND ITS RELATIONSHIP TO OTHER
ENVIRONMENTAL STATUTES
1 LEGISLATIVE FRAMEWORK FOR
ADDRESSING HAZARDOUS WASTE
PROBLEMS
CHAPTER 2
CHAPTER 3
SECTION VII PUBLIC PARTICIPATION
SUPERFUND: THE HAZARDOUS
WASTE CLEANUP PROGRAM
RCRA AND SUPERFUND: HOW THE
TWO PROGRAMS INTERACT
ID-26
IJJ-30
IH-66
IH-82
IH-93
IV-1
V-l
VI-1
VI-2
VI-7
VI-11
vn-i
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TABLE OF CONTENTS (CONT.)
APPENDICES
APPENDIX A UNIFORM HAZARDOUS WASTE MANIFEST
APPENDIX B LAND DISPOSAL RESTRICTIONS MANIFESTING
APPENDIX C UNDERGROUND TANK NOTIFICATION FORM
APPENDIX D MEDICAL WASTE TRACKING MANIFEST
APPENDIX E KEEPING UP-TO-DATE WITH RCRA
APPENDIX F TELEPHONE NUMBERS
GLOSSARY OF TERMS AND ACRONYMS FOR WASTE MANAGEMENT
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SECTION I
INTRODUCTION TO THE RESOURCE CONSERVATION AND
RECOVERY ACT
OVERVIEW
RCRA: WHAT IT IS
THE ACT
REGULATIONS
GUIDANCE AND POLICY
RCRA: HOW IT WORKS
SUBTITLE D - SOLID WASTE
SUBTITLE C - HAZARDOUS WASTE
SUBTITLE I - UNDERGROUND STORAGE TANKS
SUBTITLE J - MEDICAL WASTE REGULATIONS
WHO IS INVOLVED IN RCRA?
RCRA TODAY
OUTLINE OF THE MANUAL
SUMMARY
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SECTION I
INTRODUCTION TO THE RESOURCE
CONSERVATION AND RECOVERY ACT
KCRA GOALS
• To protect human health and the
environment
To reduce waste and conserve
energy and natural resources
To reduce or eliminate the
generation of hazardous waste as
expeditiously as possible.
OVERVIEW
The Resource Conservation and Recovery Act (RCRA), an
amendment to the Solid Waste Disposal Act, was enacted in
1976 to address a problem of enormous magnitude - how to
safely dispose of the huge volumes of municipal and
industrial solid waste generated nationwide. It is a problem
with roots that go back well before 1976.
There was a time when the amount of waste produced in the
United States was small and its impact on the environment
relatively minor — a river supposedly purified itself every 10
miles. Times changed. With the industrial revolution in the
latter pan of the 19th century, the country began to
experience growth -- the likes of which had never been seen
before. New products were developed, and the consumer
was offered an ever-expanding anray of material goods.
This growth continued through the early 20th century and
took off after World War II when the nation's industrial
base, strengthened by war, turned its energy, toward
domestic production. The results of growth, however, were
not all positive. While the country produced more goods, it
also generated more waste, both hazardous and non
hazardous. For example, at the end of World War II, United
States industry was generating roughly 500,000 metric tons
of hazardous waste per year. Compared with today's
standards, this amount is small indeed. A national survey
conducted by EPA in 1985 estimates that 275 million metric
tons of hazardous waste were generated nationwide.
Unfortunately, this phenomenal growth in the production of
waste was not mirrored by growth in the field of waste
management. Much of the waste produced made its way
into the environment, where it poses a serious threat to
ecological systems and public health.
It became clear, in the mid-1970s, to Congress and the
nation alike, that action had to be taken to ensure that solid
wastes are managed properly. This realization began the
process that resulted in the passage of RCRA. The goals set
by RCRA are:
• To protect human health and the environment
• To reduce waste and conserve energy and natural
resources
• To reduce or eliminate the generation,of hazardous
waste as expeditiously as possible.
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RCRA'S FOUR INTERRELATED
PROGRAMS
SUBTITLE D /SUBTITLE C 11 SUBTITLE I SUBTITLE J
I / I /, I I
SOLID f HAZARDOUSfUNDERGROUND MEDICAL
WASTE | WASTE I STORAGE TANK WASTE
PROGRAM! PROGRAM If PROGRAM PROGRAM
RCRAPROGRAM
To achieve these goals, four distinct yet interrelated
programs exist under RCRA. The first program, under
Subtitle D of RCRA, encourages States to develop
comprehensive plans to manage primarily nonhazardous
solid wastes, e.g., household waste. The second program,
under Subtitle C of RCRA, establishes a system for
controlling hazardous waste from the time it is generated
until its ultimate disposal, in effect, from "cradle to grave."
The third program, under Subtitle I of RCRA, regulates
certain underground storage tanks. It establishes
performance standards for new tanks and requires leak
detection, prevention and corrective action at underground
tank sites. The newest program to be established is the
medical waste program under RCRA Subtitle J. It
establishes a demonstration program to track medical waste
from generation to disposal.
Although RCRA creates a framework for the proper
management of hazardous and nonhazardous solid waste, it
does not address the problems of hazardous waste
encountered at inactive or abandoned sites or those resulting
from spills that require emergency response. These
problems are addressed by a different act, the
Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA), commonly called Superfund.
This section provides an overview of RCRA, including the
Act, regulations, guidance, and policy and, in addition,
discusses the four programs that make up RCRA and the
interrelationships among them. Finally, this section details
where RCRA is today, who is involved, and outlines the
remainder of this manual.
RCRA: WHAT IT IS
Any discussion of RCRA must begin with a definition of
terms. Although "RCRA" is the acronym for the Resource
Conservation and Recovery Act, it is often used to refer to
the overall program resulting from the Act. To avoid
confusion in this manual, the term "Act " refers to the
statute or law and the term "RCRA" to the program
implemented under the law. In addition, a distinction is
made between terms used to describe the statute's provisions
and regulations. When referring to the statutory requirements
they are either stated as such or the term "Act" is used.
When discussing regulations developed by EPA, they are
referred to as either standards, regulations, or regulatory
requirements. Thus, if X were in the statute but not the
regulations, it would be considered a requirement of the Act.
Alternatively, if Y were in the regulations, it could be
referred to as either a regulation or a regulatory requirement
developed pursuant to an authority detailed by Congress in
the Act.
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The Act
@>utli
ne of the Act
Subtitle
Provisions
A
General Provisions
B
Office of Solid Waste;
Authorities of the
Administrator
C
Hazardous Waste
Management
D
State or Regional
Solid Waste Plans
E
Duties of the Secretary
of Commerce in
Resource and Recovery
F
Federal Responsibilities
G
Miscellaneous
Provisions
H
Research, Development,
Demonstration, and
Information
I
Regulation of Underground
Storage Tanks
J
Standards for the Tracking
and Management of
Medical Waste
What we commonly know as the Act is really an amendment
to the first Federal solid waste statute. In 1965, the Solid
Waste Disposal Act was enacted for the primary purpose of
improving solid waste disposal methods. It was amended in
1970 by the Resource Recovery Act, and again in 1976 by
RCRA, The changes embodied in RCRA remodeled our
nation's solid waste management system and greatly
expanded provisions pertaining to hazardous waste
management.
The Act continues to evolve as Congress amends it to reflect
changing needs. It has been amended several times since
1976, most significantly on November 8, 1984. The 1984
amendments, called the Hazardous and Solid Waste
Amendments (HSWA), significantly expand the scope and
requirements of RCRA. Because of their significance,
provisions resulting from the 1984 amendments are
emphasized throughout the manual.
The Act is a law that describes the kind of waste
management program that Congress wants to establish. This
description is in very broad terms, e.g., directing EPA to
develop and promulgate criteria for identifying the
characteristics of hazardous waste. The Act also provides
the Administrator of EPA (or his or her representative) with
the authority necessary to carry out the intent of the Act,
e.g., authority to conduct inspections.
The structure of the Act is straightforward. It is currently
divided into ten subtitles, A through J. Subtitles A, B, E, F,
G, and H outline general provisions; authorities of the
Administrator, duties of the Secretary of Commerce; Federal
responsibilities; miscellaneous provisions; and research,
development, demonstration, and information. Subtitles C,
D, I, and J lay out the framework of the four programs that
make up RCRA: the hazardous waste management program;
the solid waste program; the underground storage tank
program; and the medical waste program, respectively.
Regulations
The Act includes a Congressional mandate for EPA to
develop a comprehensive set of regulations. Regulations are
legal mechanisms that define how a statute's broad policy
directives are to be implemented. Many RCRA regulations
have been developed to date, covering a range of topics,
from guidelines for State solid waste plans to the framework
for the hazardous waste permit program.
RCRA regulations are developed by EPA and published
according to an established process. When a regulation is
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proposed, it is published in a document called the Federal
Register. It is usually first published as a proposed
regulation, allowing the public to comment on it for a period
of rime, normally 30-60 days. Included with the proposed
regulation is a discussion of the Agency's rationale for the
regulatory approach and an explanation of the technical basis
for the proposed regulation (the preamble). Following the
comment period, EPA evaluates public comments.
Addressing the comments frequently results in revision to
the proposed regulation. The final regulation is published in
the Federal Register ("promulgated"). Regulations are
compiled annually and bound in the Code of Federal
Regulations (CFR) according to a highly structured format.
This latter process is called codification.
The RCRA regulations are codified in this manner and can
be found in Title 40 of the CFR, Parts 240-280. These
regulations are often cited as 40 CFR, with the Part listed
afterward, e.g., 40 CFR Part 264, or the Part and Section,
e.g., 40 CFR 264.10.
Although the relationship between an Act and its regulations,
discussed above, is the norm, the relationship between
HSWA and its regulations differs. HSWA is unusual in
that Congress placed explicit requirements in the statute in
addition to instructing EPA in general language to develop
regulations. Many of these requirements are so specific that
EPA incorporated them direcdy into the regulations. HSWA
is all the more significant because of the ambitious schedules
that Congress established for implementation of the Act's
provisions. Another unique aspect of HSWA is that it
establishes "hammer" provisions, which are statutory
requirements that go into effect automatically (as regulations)
if EPA fails to issue regulations by certain dates.
Guidance and Policy
The interpretation of statutory language does not end with
the codification of regulations. EPA further clarifies its
regulations through guidance documents and policy.
Guidance documents are issued by EPA primarily to
elaborate and provide direction for implementing
regulations. They essentially explain how to do something.
For example, the regulations in 40 CFR Part 270 detail
what is required in a permit application for a hazardous
waste management facility, and the guidance for this Part
gives instructions on how to evaluate a permit application to
see if everything is included. Guidance documents also
provide the Agency's interpretation of the Act
Policy statements, on the other hand, specify operating
procedures that should be followed. They are a mechanism
used by EPA program offices to outline the manner in which
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Guidance
= How to
Policy =
Should do
pieces of the RCRA program are to be carried out. For
example, the enforcement office may issue a policy outlining
what enforcement action must be taken if a ground-water
violation is found. In most cases, policy statements are
addressed to the staff working on implementation.
Many guidance and policy documents have been developed
to aid in implementing the RCRA program. Indeed, there
are so many that describing them is beyond the scope of this
manual. However, to find out what documents are
available, one may use the Office of Solid Waste's
Directives System. This system, developed in November
1985 and updated periodically, lists all RCRA-related policy,
guidance, and memoranda, and where they can be obtained.
These lists are available from each Region's Policy
Directives Coordinator.
RCRA: HOW IT WORKS
The four programs established under RCRA -- solid waste,
hazardous waste, underground storage tanks, and medical
waste — are described in detail in ensuing chapters.
However, to provide an overall perspective of how RCRA
works, each of these programs and their interrelationships is
briefly summarized here. In this manual, the solid waste
program (Subtitle D) is discussed before the hazardous
waste program (Subtitle C). Although this is alphabetically
out of order, the structure is designed to benefit the reader.
The Subtide D Chapter includes the definition of solid waste,
which must be understood before the Subtitle C program can
be explained.
Subtitle D - Solid Waste
Subtitle D of the Act encourages States to develop and
implement solid waste management plans. These plans,
among other things, are intended to promote recycling of
solid wastes and require closing or upgrading of all
environmentally unsound dumps. Due to increasing volumes
of solid waste, solid waste management has become a key
issue facing many localities and States. In recognition of
this issue, Congress directed EPA in HSWA to take an
active role with the States in solving the difficult problem of
solid waste management. EPA is in the process of revising
the standards that apply to municipal solid waste landfills.
Concurrent with the revision of these standards, EPA
formed a task force to analyze solid waste source reduction
and recycling options. The revised solid waste standards,
together with the task force findings, will form the basis for
EPA's development of a strategy to better regulate municipal
solid waste management.
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Subtitle C - Hazardous Waste
Generators
Transporters
T/S/O
Facifities
Subtitle C of the Act establishes a program to manage
hazardous wastes from "cradle to grave." The objective of
the Subtitle C program is to ensure that hazardous waste is
handled in a manner that protects human health and the
environment. To this end, there are Subtitle C regulations
regarding the generation, transportation, and treatment,
storage, or disposal of hazardous wastes. In practical terms,
this means regulating a large number of hazardous waste
handlers. As of June 1989, EPA has on record more than
7,000 treatment, storage, and disposal facilities; 17,000
transporters; and about 180,000 large and small quantity
generators.
The Subtitle C program has resulted in perhaps the most
comprehensive regulations EPA has ever developed. They
first identify those solid wastes that are "hazardous" and then
establish various administrative requirements for the three
categories of hazardous waste handlers: generators,
transporters, and owners or operators of treatment, storage,
and disposal facilities (TSDFs). In addition, the Subtitle C
regulations set technical standards for the design and safe
operation of TSDFs. These standards are designed to
minimize the release of hazardous waste into the
environment. Furthermore, the regulations for TSDFs serve
as the basis for developing and issuing the permits required
for each facility. Issuing permits is essential to making the
Subtitle C regulatory program work, since it is through the
permitting process that EPA or a State actually applies the
technical standards to facilities.
One of the prime differences between Subtitle C and Subtitle
D is the type of waste each regulates. Subtitle C regulates
only hazardous waste, a subset of solid waste, whereas the
Subtitle D program primarily manages nonhazardous solid
waste. Furthermore, Subtitle C was initially established as a
Federal program eventually to be delegated to States, unlike
Subtitle D, which began as a State program.
Subtitle I - Underground Storage Tanks
Subtitle I of the Act regulates petroleum products and
hazardous substances (as defined under Superfund) stored
in underground tanks. Approximately 1.4 million tanks are
regulated under Subtitle I. This universe of underground
storage tanks is much larger than the universe of hazardous
waste tanks regulated by Subtitle C. The objective of
Subtitle I is to prevent leakage to ground water from tanks
and to clean up past releases. This program is similar to the
Subtitle C program in that it may be delegated to States.
Under this'program, "EPA has developed performance
standards for new tanks a!hd regulations for leak detection,
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prevention, closure, financial responsibility, and corrective
action at all underground tank sites.
Subtitle J - Medical Waste Regulations
Congress recently added Subtitle J to RCRA to address the
problem of medical waste mismanagement. During the
summer of 1988, medical wastes washed up on Atlantic
beaches. This phenomenon highlighted the inadequacy of
medical waste management practices and prompted Congress
to enact legislation addressing the problem. Subtitle J
instructs EPA to develop a two-year demonstration program
to track medical waste from generation to disposal in
demonstration States. After completion of the demonstration
program in 1991, the Agency will report its findings to
Congress, who will consider the merits of national medical
waste regulation.
WHO IS INVOLVED IN RCRA?
The RCRA program involves a myriad of people and
organizations with varying roles. Congress and the
President set overall national policy for RCRA programs
through amendments to the Act. EPA, through its Office of
Solid Waste and Emergency Response (OSWER), translates
this policy into operating programs by developing
regulations, guidelines, and guidance. EPA then implements
RCRA programs or delegates implementation to the States,
providing them with technical and financial assistance.
The regulated community necessarily is involved with the
RCRA program because it must comply with the law and its
regulations. Finally, the general public participates by
providing input and comments at almost every stage of the
program's development and implementation.
RCRA TODAY
When RCRA was first enacted in 1976, much work needed
to be done to implement the program. Since then, both the
Subtitle C and D programs have been established through
regulations, and EPA and authorized States have
concentrated on implementing the Subtitle C program by
issuing permits to TSDFs. Delegation of the RCRA
program to individual States continues. EPA is continuing
to implement the provisions of HSWA within the existing
regulatory framework. For example, EPA has developed
and continues to expand regulations to restrict the land
disposal of wastes. In addition, under RCRA Subtitles I and
J, new programs for regulating underground storage tanks
and medical wastes were developed.
As the scope of waste management has come into focus, one
fact is clear: the preferred manner of managing waste is not
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to generate it in the first place. Congress recognized this and
made it one of the goals of Subtide C of RCRA ~ to reduce
or eliminate the generation of hazardous waste. EPA
established a waste minimization program to achieve this
goal. EPA uses the term "waste minimization" to mean the
reduction, to the extent feasible,, of hazardous waste
generated prior to any treatment, storage, or disposal of the
waste. It is defined as any source reduction or recycling
activity that results in either reduction of total volume of
hazardous waste or reduction of toxicity of hazardous waste,
or both, as long as that reduction is consistent with the
general goal of minimizing present and future threats to
human health and the environment.
RCRA contains several provisions for implementing
hazardous waste minimization. Section 3002 requires
hazardous waste generators to identify in their biennial
reports to EPA (or the State) the efforts undertaken to reduce
the volume and toxicity of waste generated and reductions in
volume and toxicity actually achieved. In addition,
generators are required to certify on the manifest
accompanying off-site shipment of their waste that they have
a program in place to reduce the volume or quantity and
toxicity of such waste to the degree determined by the
generator to be economically practicable. EPA published
guidance in June 1989 to assist hazardous waste generators
in developing such a waste minimization program.
EPA has used these authorities in instituting the waste
minimization program. EPA is in the process of developing
a strategy for institutionalizing waste minimization within the
RCRA waste management framework. The strategy has five
overall goals:
• Promote progress through outreach, technical
guidance, and information
• Identify barriers in the RCRA program; develop
regulatory, nonregulatory, and statutory remedies
• Promote innovative idea development among RCRA
program managers and staff
• Measure progress in waste minimization
• Develop and reinforce a partnership with States.
In recent years, more and more States have established waste
minimization programs to assist industry in realizing the
benefits of waste minimization. In many instances, there are
significant economic incentives to adopt waste minimization
practices. RCRA hazardous waste regulations make the
handling of hazardous waste an extremely costly,
complicated business. As a result, industries have turned
Waste
Minimizat
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increasingly to measures aimed at reducing their generation
of waste, such as source reduction and recycling.
The RCRA hazardous waste minimization program was the
first in EPA to institutionalize the benefits of waste
reduction. In addition to those in Subtitle C, EPA is also
developing strategies and priorities for encouraging source
reduction and recycling of the nonhazardous solid waste
stream regulated by Subtitle D of RCRA. Agency goals
were outlined in the "Agenda for Action" discussed in
Section n. In addition, there is a new Agency-wide, multi-
media program to promote pollution prevention.
We have today a national waste management program. As a
result, waste reduction and recycling are occurring, waste
management methods have improved, and natural resources
are being conserved. Improper waste generation and
disposal can still pose problems, but now we have better
management and enforcement tools for addressing them.
OUTLINE OF THE MANUAL
The remainder of this manual describes in detail the four
RCRA programs briefly discussed in this introduction. In
addition, sections reviewing the interrelationships between
RCRA's Subtitle C program and other environmental
statutes, and public participation are included. The
remainder of the manual consists of:
Section II: Subtitle D of RCRA - Managing Solid Waste
Section EH: Subtitle C of RCRA - Managing Hazardous
Waste
Chapter 1 — What is Hazardous Waste?
Chapter 2 — Regulations Applicable to
Generators of Hazardous
Waste
Chapter 3 — Regulations Applicable to
Transporters of Hazardous
Waste
Chapter 4 ~ Regulations Applicable to
Treatment, Storage, and
Disposal Facilities
Chapter 5 — Permitting
Chapter 6 — Enforcement
Chapter 7 -- State Authorization
Section IV: Subtitle I of RCRA - Managing
Underground Storage Tanks
Section V: Subtitle J of RCRA - Managing Medical
Waste
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Section VI: RCRA and its Relationship to Other
Environmental Statutes
Section VII: Public Participation
SUMMARY
RCRA was passed in 1976, as an amendment to the Solid
Waste Disposal Act of 1965, to ensure that solid wastes are
managed in an environmentally sound manner. The broad
goals set by RCRA are to:
• Protect human health and the environment
• Reduce waste and conserve energy and natural
resources
• Reduce or eliminate the generation of hazardous
waste as expeditiously as possible.
To achieve these goals, four distinct yet interrelated
programs exist under RCRA:
• Subtitle D -- Promotes and encourages the
environmentally sound management of solid waste.
It includes minimum Federal technical standards and
guidelines for State solid waste plans.
• Subtitle C -- Establishes a management system that
regulates hazardous waste from the time it is
generated until its ultimate disposal, in effect from
"cradle to grave."
• Subtitle I — Regulates petroleum products and
hazardous substances (as defined under Superfund)
that are stored in underground tanks.
• Subtitle J — Regulates medical waste generation,
treatment, destruction, and disposal.
There are several components of RCRA:
• Ac^ -- Describes, in statutory language, the kind of
waste management program that Congress wants to
establish. The Act also provides the Administrator of
EPA (or his or her designee) with the authority to
implement the Act.
• Regulations — The legal mechanism that establishes
standards or imposes requirements to carry out the
Act Authority for developing regulations is found in
the Act. Regulations are published in the Federal
Register and codified in the Code of Federal
Regulations.
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• Guidance -- Developed and issued by EPA (or the
States) to provide instructions on how to implement
requirements of either the Act or regulations.
• Policy -- Statements developed by EPA (or the
States) outlining a position on a topic or giving
instructions on how a procedure should be
conducted.
RCRA continues to change with amendments to the statute.
These amendments significantly expanded both the scope
(e.g., the creation of Subtitle J) and detailed requirements of
the Act.
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SECTION II
SUBTITLE D OF RCRA - MANAGING SOLID WASTE
OVERVIEW
DEFINITION OF SOLID WASTE
EXCEPTIONS TO THE DEFINITIONS OF SOLID WASTE
MANAGEMENT OF SOLID WASTE UNDER SUBTITLE D
CRITERIA FOR CLASSIFICATION OF SOLID WASTE DISPOSAL
FACILITIES AND PRACTICES
STATE PLAN GUIDELINES
EXEMPTIONS FROM THE SUBTITLE D CRITERIA
NEW DIRECTIONS
REPORT TO CONGRESS
SUBTITLE D CRITERIA REVISIONS
MUNICIPAL SOLID WASTE AGENDA FOR ACTION
SUMMARY
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SECTION II
SUBTITLE D OF RCRA -
MANAGING SOLID WASTE
¦
zzz
Solid Waste Management
Objectives:
• Encourage environmentally
sound solid waste management
practices
• Maximize the re-use of
recoverable resources
• Foster resource conservation
OVERVIEW
Congress enacted the Solid Waste Disposal Act of 1965, which
established grant programs for the development of solid waste
management plans by States and/or interstate agencies.
Subsequent amendments to the Solid Waste Disposal Act — the
Resource Recovery Act of 1970, RCRA in 1976, and HSWA in
1984 — have substantially increased the Federal government's
involvement in solid waste management. However, the Subtitle
D program is implemented principally by State and local
governments.
The term "solid waste" used in Subtitle D refers almost
exclusively to nonhazardous solid waste. The bulk of the
statutory and regulatory requirements covering the handling and
disposition of most hazardous solid waste falls under Subtitle C
of RCRA, which is addressed in Section in.
The primary objectives of Subtitle D as outlined in section 4001
of the Act "are to assist in developing and encouraging methods
for the disposal of solid waste which are environmentally sound
and which maximize the utilization of valuable resources
including energy and materials, which are recoverable from solid
waste and to encourage resource conservation." To achieve
these objectives, the 1976 statutory amendments mandated that
EPA develop criteria for the classification of solid waste disposal
facilities and practices (Section 4004) and established a
framework for State solid waste management plans (Sections
4002, 4003, 4006, and 4007).
EPA promulgated the criteria (40 CFR Part 257) on September
13, 1979. These criteria establish standards for determining
whether solid waste disposal facilities and practices may pose
adverse effects on human health and the environment. Facilities
that fail to meet the criteria are "open dumps" (as referred to in
Section 4005 of RCRA) for purposes of State solid waste
management planning efforts under Subtitle D. The criteria
provide the basis for enforcing the prohibition on "open dumps"
and may be used by citizens' suits in Federal District Court.
EPA published guidelines for State solid waste management
plans (40 CFR Part 256) on July 31, 1979. Using these
guidelines, States began developing plans and submitting them
to EPA for approval.
EPA's role with respect to State plans is limited to establishing
guidelines for the development and implemention of State plans,
providing technical assistance, and approving plans that comply
with these requirements. The main responsibility for developing
and implementing State plans lies with each State.
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COMMERCIAL
REFUSE
SLUDGE
EXCEPTIONS TO THE
DEFINITION OF
SOLID WASTE
This section presents an outline of the Subtitle D program. In
doing so, it defines the term "solid waste"; describes how State
plans are developed, approved, and implemented; reviews the
current Subtitle D Criteria; lists exemptions from the Criteria;
and acknowledges new directions for the Subtitle D program.
DEFINITION OF SOLID WASTE
The term "solid waste" is very broad, including not only the
traditional nonhazardous solid wastes, such as municipal
garbage, but also hazardous solid wastes. Subtitle C regulates
hazardous wastes; Subtitle D covers all other solid wastes.
Subtitle D covers certain hazardous wastes excluded from
regulation under Subtitle C, e.g., household hazardous wastes
and hazardous wastes generated by small quantity generators.
(Subtitle C wastes are discussed in Section IE.) Section 1004
(27) of the Act defines solid waste as:
• Garbage, e.g., milk canons and coffee grounds
• Refuse, e.g., metal scrap, wall board, and empty
containers
• Sludge from a waste treatment plant, water supply
treatment plant, or pollution control facility, e.g.,
scrubber sludges
• Other discarded material, including solid, semisolid,
liquid, or contained gaseous material resulting from
industrial, commercial, mining, agricultural, and
community activities, e.g., boiler slag, fly ash.
Jo understand the RCRA definition of solid waste. keep in mind
that not all solid waste is solid. As noted above, majiy Yoll'd
wastes are liquid, while others are semisolid or gaseous.
Exceptions to the Definition of Solid Waste
If the definition were limited to that given above, just about
every type of waste produced by man would qualify as solid
waste. This, however, is not the case, and Section 1004 (27)
contains a number of exceptions to the definition. Specifically,
the following materials are not considered solid waste under
RCRA:
Domestic sewage (defined as untreated sanitary wastes that
pass through a sewer system)
Industrial wastewater discharges regulated under the
Clean Water Act
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Irrigation return flows
Areas Covered by the Subtitle
D Criteria
• Nuclear materials, or by-products, as defined by the Atomic
Energy Act of 1954.
MANAGEMENT OF SOLID WASTE UNDER SUBTITLE D
Subtitle D establishes a solid waste management framework that
has two main components:
1) Criteria for classification of solid waste disposal
facilities and practices
2) Guidelines for the development and implementation of State
plans.
Criteria for Classification of Solid Waste Disposal Facilities and
Practices
The first component of the Subtitle D program is the "Criteria for
Classification of Solid Waste Disposal Facilities and Practices,"
commonly called the "Subtitle D Criteria" (40 CFR Part 257).
The Criteria are used to determine which solid waste disposal
facilities and practices pose a reasonable probability of adverse
effects on health and the environment. Facilities failing to
satisfy criteria are considered open dumps for purposes of State
solid waste management planning.
The 40 CFR Part 257 Criteria include general environmental
performance standards addressing eight major topics:
Floodplains, endangered species, surface water, ground-water,
land application, disease, air, and safety. The following briefly
summarizes these provisions.
40 CFR 257.3-1 specifies that facilities or practices in
floodplains shall not interfere with the floodplain or result in
washout of solid waste so as to pose a hazard to human life,
wildlife, or land or water resources. 40 CFR 257.3-2 prohibits
solid waste disposal facilities and practices that cause or
contribute to the taking of any endangered or threatened species
or result in the destruction or adverse modification of the critical
habitats of such species. The surface water provision, 40 CFR
257.3-3 specifies that disposal facilities shall not cause a
discharge of pollutants or dredged or fill material to waters of the
United States. To do so is in violation of Section 402 or Section
404 of the Clean Water Act. 40 CFR 257.3-4 lays out the
ground-water protection standards, which require that facilities
and practices not exceed the Safe Drinking Water Act Maximum
Contaminant Levels (MCLs) in an underground drinking water
source beyond the solid waste unit boundary or beyond an
alternative boundary specified by the State.
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40 CFR 257.3-5 requires that a facility or practice meet certai
restrictions with respect to the concentrations of cadmium an
polychlorinated biphenyls (PCBs) contained in waste applied to
land used for producing food crops. 40 CFR 257.3-6 specifies
that waste disposal facilities and practices must institute
appropriate disease vector controls, such as periodic application
of cover material. In addition, 40 CFR 257.3-6 requires
pathogen reduction processes for sewage sludges and septic tank
pumpings applied to land.
The air criterion in 40 CFR 257.3-7 prohibits open burning of
solid waste (with certain exceptions) and specifies that the
applicable requirements of the State Implementation Plans
developed under Section 110 of the Clean Air Act must be met.
Finally, the safety provisions of 40 CFR 257.3-8 require control
of explosive gases, fires, bird hazards to aircraft, and public
access to the facility.
The Part 257 Criteria serve as minimum technical standards for
solid waste disposal facilities. Facilities must comply with the
Part 257 Criteria to ensure that ongoing operations protect
human health and the environment. If they fail to do so, the
facility is classified as an open dump and must upgrade its
operations or close. Part 257 applies to facilities in all States,
regardless of the existence of an approved management plan.
Furthermore, States have the option of developing criteria more
stringent than the 40 CFR Part 257 Criteria. Compliance wit
Part 257 and the ban on dumping can be enforced throug
citizen suits (Section 7002 of the Act) or by the State.
In addition to serving as minimum technical standards, the Pan
257 Criteria were used to identify open dumps. As mentioned
above, an open dump is defined as a disposal facility that does
not comply with one or more of the Subtitle D Criteria. Using
the Criteria as a benchmark, each State evaluated the solid waste
disposal facilities within its borders to determine which were
open dumps and, therefore, needed to be closed or upgraded.
For each facility that failed to comply with one or more of the
Criteria, the State completed an Open Dump Inventory Report
form that was sent to the Bureau of the Census. At the end of
each fiscal year, the Bureau compiled all of the report forms and
sent them to EPA, where they were summarized and published
as the Inventory of Open Dumps. These inventories were
published annually from 1981-1985.
State Plan Guidelines
Guidelines for State solid waste management plans are found
in 40 CFR Part 256. The purpose of these guidelines is to assist
States in developing and implementing EPA-approved solid
waste management plans. Such plans serve to ensure
environmentally sound solid waste management and disposal
resource conservation, and'maximum^utilization of valuabl
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resources. The guidelines assist by outlining the minimum
requirements for State plans and detailing how these plans are
approved by EPA. Although EPA-approved State plans all
follow the guidelines on 40 CFR Part 256, not all State plans are
identical. Each plan reflects a State's unique solid waste
management needs.
The State plan must include the following elements as specified
in the guidelines:
• Identifying the responsibilities of State, local, and
regional authorities in implementing the plan
• Establishing a solid waste disposal program that
prohibits new open dumps, provides for the closing
or upgrading of all existing open dumps, and
establishes any State regulatory powers necessary to
implement the plan
• Developing a strategy for encouraging resource
recovery and conservation activities
Ensuring that adequate facility capacity exists to dispose of
solid waste in an environmentally sound manner
• Coordinating with other environmental programs
• Ensuring public participation in plan development,
regulatory development, facility permitting, and open
dump inventory.
Once the plan has been developed and adopted by the State, it is
submitted to EPA for approval. Within 6 months from the date
of submittal, the Administrator must either approve or
disapprove the plan. Approval is granted if the Administrator
finds that the plan fulfills all of the minimum requirements set
out in the guidelines.
EXEMPTIONS FROM THE SUBTITLE D CRITERIA
In accordance with 40 CFR 257.1 (C), certain solid waste
disposal facilities or practices are exempted from complying with
the Subtitle D Criteria, including:
• Agricultural wastes used as fertilizers or soil
conditioners
• Domestic sewage applied to the land
• Hazardous waste disposal facilities regulated under
Subtitle C of RCRA
• Industrial discharges that are point sources and subject to
permits under Section 402 of the Clean Water Act.
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NEW DIRECTIONS
RCRA Section 4010 required EPA to conduct a study and
submit a Report to Congress on the adequacy of certain
guidelines and criteria. Specifically, EPA was required to
determine whether the Criteria are adequate to protect human
health and the environment from ground-water contamination.
The report also was to evaluate the need for additional
enforcement authorities for Subtitle D. Furthermore, EPA was
required to revise the Criteria to address facilities that receive
hazardous household waste or hazardous waste from small
quantity generators (the definition of small quantity generators
is discussed in Section III). Congress directed that, at a
minimum, the revisions should require ground-water monitoring
to detect contamination, establish criteria on the acceptable
location of new or existing facilities, and provide for corrective
action, as appropriate.
In addition to requiring revisions to the Criteria, HSWA directed
States to establish permit programs, or other systems of prior
approval and conditions, by November 8, 1987, for facilities
receiving household hazardous waste or hazardous waste from
small quantity generators. These permit programs are meant to
ensure that such facilities are in compliance with the existing
40 CFR Part 257 Criteria.
Report to Congress
In October 1988, EPA submitted to Congress its report on the
adequacy of the existing Subtitle D Criteria. This report
represented EPA's most comprehensive review of solid waste
management in the U.S. in a decade. In preparing the report,
EPA found that some 11 billion tons of solid waste - including
agricultural, mining, oil and gas, industrial, as well as municipal
solid wastes - are produced in the U.S. every year. These
wastes are managed in an estimated 227,000 storage and
disposal units, including surface impoundments, waste piles,
landfills, and land treatment units. Environmental controls on
these units vary widely.
The Report to Congress revealed that most information on solid
waste management, available at the State and local level, is on
municipal solid waste landfills (MSWLFs). The Agency learned
that approximately 160 million tons of municipal solid waste are
generated each year, 131 million tons of which are landfilled in
just over 6,500 MSWLFs. Information on these landfills
indicates that they vary widely in the use of environmental
controls such as clay or synthetic liners, liquid (leachate)
collection systems, and ground-water monitoring, and that they
may pose significant threats to ground and surface water
resources. The Report to Congress concluded that MSWLFs are
adversely affecting the environment and that the current Subtitle
n-6
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D Criteria and State regulatory requirements are not adequate to
address these problems.
Subtitle D Criteria Revisions
In HSWA, Congress required EPA (in Section 4010) to raise the
existing Subtitle D Criteria for solid waste "facilities that may
receive hazardous household waste or hazardous wastes from
small quantity generators under Section 3001 (d)." Through
information gathered for the Report to Congress on solid waste
management, EPA determined that these wastes are disposed
primarily in MSWLFs. Consequently, EPA proceeded first with
revising the criteria for MSWLfs.
In August 1988, EPA proposed revisions to the Subtitle D
Criteria, regulating MSWLFs under 40 CFR Part 258 instead of
Part 257. The proposed rule would significantly expand the
current criteria contained in 40 CFR Part 257 and would set
standards of performance for protecting human health and the
environment to meet the HSWA mandate. Like the 40 CFR
Part 257 Criteria, the revised criteria for MSWLFs will contain
location and operating requirements for protecting air, surface,
and ground-water resources.
EPA has attempted to retain a high degree of consistency
between Part 257 and the proposed 40 CFR Part 258 by
investing the primary responsibility for implementing the revised
Part 258 Criteria with States. In fact, HSWA requires States to
establish a permit program, or other system of prior approval
and conditions, to ensure compliance with the revised Criteria
within 18 months of their promulgation. If EPA determines,
however, that a State program is not adequate to ensure
compliance with the revised Criteria, the Agency may enforce
the revised Criteria using the enforcement authorities of
Sections 3007 and 3008 of Subtitle C of RCRA. EPA is
continuing to collect information regarding other types of
facilities (e.g., industrial solid waste facilities and construction
demolition debris landfills) that may receive small quantity
generator hazardous waste or may pose threats to human health
or the environment. The revised Criteria are expected to be
promulgated in final form in fiscal year 1990.
Municipal Solid Waste Agenda for Action
Increasing attention at the Federal, State, and local levels is
being directed at municipal solid waste management. Although
primarily a local responsibility, the problems associated with
municipal solid waste management are national in scope.
Recognizing the need for a national response to the problem,
EPA created a Municipal Solid Waste Task Force to develop a
strategy for improving the nation's management of municipal
solid waste.
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After a year-long effort, the Task Force produced its repor
"The Solid Waste Dilemma: An Agenda for Action," i
February 1989. The Agenda provides a number of proposal,
for actions by EPA, States, local governments, industry, and the
public. It identifies an integrated waste management hierarchy -
combining the complementary use of source reduction,
recycling, combustion, and landfills - as the best approach for
comprehensively managing municipal solid waste.
The Task Force surveyed current municipal solid waste
management practices and identified goals for sound national
policy. Recognizing the ever-widening gap between declining
waste management capacity and rising levels of waste
generation, the Task Force determined that the nation must find
"a safe and permanent way to eliminate the gap between waste
generation and available capacity in landfills, combustion, and in
secondary materials markets." The Task Force concluded that
source reduction and recycling are the preferred options for
closing this gap and reducing the amount and toxicity of waste.
As a result, EPA established a national goal to divert 25 percent
of the nation's municipal solid waste from landfills and
combustors through source reduction and recycling by 1992.
An equally important feature of the Agenda is strengthening the
reliability and safety of all solid waste management options. The
revised Criteria for MSWLFs, as well as other EPA rulemaking
to improve the performance of municipal waste combustors, are
part of this effort.
Finally, the Task Force identified six objectives for national
action to address the municipal solid waste dilemma. These
objectives involve not only EPA efforts but the participation of
State and local governments, industry, waste managers, and the
public in implementing the concept of integrated waste
management. These objectives include:
• Increasing the waste planning and management
information (both technical and educational) available
to States, local communities, waste handlers,
citizens, and industry; increasing data collection on waste
generation for research and development
• Increasing effective planning by waste handlers, local
communities, and States
• Increasing source reduction activities by the manufacturing
industry, government, and citizens
• Increasing recycling by government and by individual and
corporate citizens
• Reducing the risks from municipal waste combustion in
order to protect human health and the
environment
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• Reducing the risks from landfills in order to protect human
health and the environment
To ensure that these objectives are properly addressed, the
Agenda proposes an ambitious schedule of specific activities to
be undertaken for each objective through 1991.
SUMMARY
The Subtitle D program is implemented principally at the State
and local levels. While Subtitle C addresses hazardous solid
waste, Subtitle D primarily addresses nonhazardous solid waste.
Certain hazardous wastes excluded from Subtitle C regulation
are covered by Subtitle D (e.g., household and small quantity
generator hazardous wastes). The main goals of the Subtitle D
program, as outlined in Section 4001 of RCRA, are to
encourage solid waste management practices that:
• Promote environmentally sound disposal methods
Maximize the reuse of recoverable resources
• Foster resource conservation.
To achieve these goals, RCRA establishes the framework for:
• A voluntary program under which participating States may
develop solid waste management plans. Each plan must
outline the steps States will take to ensure that:
- Solid waste is properly managed
- Resources are conserved and recovered (where
possible)
- Open dumps are closed or upgraded.
• Technical standards for solid waste management
facilities. The standards, commonly called the Subtitle D
Criteria, are mandatory and establish minimum technical
disposal facilities.
As a result of HSWA, the Part 257 Criteria are being revised to
address facilities that receive household hazardous waste and
small quantity generator hazardous waste. The States must
develop a permit program, or other system of prior approval and
conditions by November 8,1987, for facilities that receive this
waste and revise these permit or prior approval programs to
implement the Part 258 revised Criteria.
Recognizing that the municipal solid waste management problem
requires a national response, EPA has launched an ambitious
"agenda for action" to encourage integrated waste management.
EPA has identified an integrated waste management hierarchy
H-9
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and encourages complementary use of source reduction
recycling, combustion, and landfills. EPA has set a nationa
goal to reduce waste over 25 percent by 1992, by means Oi
source reduction and recycling.
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SECTION III
SUBTITLE C OF RCRA -
MANAGING HAZARDOUS WASTE
CHAPTER 1 WHAT IS HAZARDOUS WASTE?
CHAPTER 2 REGULATIONS APPLICABLE TO GENERATORS
OF HAZARDOUS WASTE
CHAPTER 3 REGULATIONS APPLICABLE TO TRANSPORTERS
OF HAZARDOUS WASTE
CHAPTER 4 REGULATIONS APPLICABLE TO TREATMENT,
STORAGE, AND DISPOSAL FACILITIES
CHAPTER 5 PERMITTING
CHAPTER 6 ENFORCEMENT
CHAPTER 7 STATE AUTHORIZATION
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SECTION III
SUBTITLE C OF RCRA
MANAGING HAZARDOUS WASTE
F€0ERAl
A
OVERVIEW
The improper management of hazardous waste is probably
one of the most serious environmental problems in the
United States. In 1979, EPA estimated that only 10 percent
of all hazardous waste was managed in an environmentally
sound manner. The remainder was transported, treated,
stored, or disposed of in a way that potentially threatens
human health and the environment. Since that time, the
amount of hazardous waste produced has steadily risen.
Mismanagement has potentially severe consequences:
ground water - the source of drinking water for about half
the nation's population - is polluted from the open dumping
of wastes or from improperly operated landfills and surface
impoundments. In some areas, residents obtain drinking
water from other sources because ground-water supplies are
so badly contaminated with toxic or cancer-causing
chemicals and heavy metals.
Ground-water pollution is not the only problem posed by
improper hazardous waste management. The improper
disposal of hazardous waste has polluted streams, rivers,
lakes, and other surface waters, killing aquatic life,
destroying wildlife, and stripping areas of vegetation. In
other cases, the vaporization of volatile organic materials
from wastes that were improperly disposed of has been
linked to respiratory illnesses, skin diseases (including skin
cancer), and elevated levels of toxic materials in the blood
and tissues of humans and domestic livestock. In still other
cases, the mismanagement of hazardous waste has resulted
in fires, explosions, or the generation of toxic gases that
have killed or seriously injured workers and firemen.
The Subtitle C program developed under RCRA (Sections
3001 - 3019 of the Act) is designed to ensure that the
mismanagement of hazardous wastes does not continue. It
does this by creating a Federal "cradle-to-grave" system to
manage hazardous waste'(including provisions for cleaning
up releases) and to set forth statutory and regulatory
requirements for.
• Identifying hazardous waste
• Generators of hazardous waste
• Transporters of hazardous waste
• Owners and operators of facilities that treat, store, or
dispose of hazardous wastes
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Issuing operating permits to owners or operators of
treatment, storage, and disposal facilities, and
providing for corrective action for hazardous waste
releases
• Enforcing the Subtitle C program
• Transferring the responsibilities of the Subtitle C
program from the Federal government to the States.
The statutory and regulatory requirements entailed above are
discussed and elaborated upon in separate chapters in this
section.
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CHAPTER 1
WHAT IS A HAZARDOUS WASTE ?
OVERVIEW
DEFINITION OF HAZARDOUS WASTE
IDENTIFICATION OF HAZARDOUS WASTE
CHARACTERISTICS
IGNIT ABILITY
CORROSIVITY
REACTIVITY
EP TOXICITY
TESTING FOR HAZARDOUS WASTE CHARACTERISTICS
LISTING OF HAZARDOUS WASTES
HAZARDOUS WASTE MIXTURES
WASTES SPECIFICALLY EXCLUDED FROM SUBTITLE C
REGULATION
WASTES DERIVED FROM HAZARDOUS WASTE
WHEN DOES A HAZARDOUS WASTE CEASE BEING HAZARDOUS
MIXED WASTE REGULATION
RELATIONSHIP TO STATE HAZARDOUS WASTE PROGRAMS
SUMMARY
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CHAPTER 1 - WHAT IS HAZARDOUS WASTE?
WHAT IS
HAZARDOUS WASTE
DEFINITION OF
HAZARDOUS WASTE
OVERVIEW
The regulatory framework established under Subtitle C was
designed to protect human health and the environment from
the effects of improper management of hazardous waste.
Determining "what is a hazardous waste?" therefore, is a key
question because only those wastes that are found to be
hazardous are subject to Subtitle C regulations. Making this
determination is a complex task. The universe of potential
hazardous wastes is large and diverse, consisting of
chemical substances, mixtures, generic waste streams, and
specific products. Furthermore, wastes are potentially
hazardous for different reasons. Congress addressed this
problem by directing EPA (under Section 3001 of the Act)
to develop and promulgate criteria for identifying the
characteristics of hazardous waste and for listing particular
wastes as hazardous.
It is upon this identification and listing of wastes that
RCRA's Subtitle C program is based. All solid waste
generators, from national manufacturers to the corner dry
cleaners, must determine if their solid waste is hazardous
and thus subject to regulation under Subtitle C.
This chapter defines the term "hazardous waste" and
describes how EPA determines if a solid waste is hazardous.
It also discusses those wastes specifically excluded from
Subtitle C regulation.
DEFINITION OF HAZARDOUS WASTE
Congress defined the term "hazardous waste" in Section
1004(5) of RCRA as a "solid waste, or combination of
solid wastes, which because of its quantity, concentration,
or physical, chemical, or infectious characteristics may:
1) Cause, or significantly contribute to an increase in
mortality or an increase in serious irreversible, or
incapacitating reversible, illness or
2) Pose a substantial present or potential hazard to
human health or the environment when improperly
treated, stored, transported, or disposed of, or
otherwise managed."
Note that RCRA defines hazardous wastes in terms of
properties of a solid waste. Therefore, if a waste is not a
solid waste, as defined in Section II, it cannot be a
hazardous waste.
The amount of hazardous waste generated by American
industries is staggering. A survey by EPA estimates that
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275 million metric tons of hazardous waste were generated
in 1985. This translates into over 1 ton of hazardous waste
generated per person, per year. The vast majority of these
wastes come from the chemical and petroleum industries.
These industries alone generate 71 percent of all hazardous
wastes produced. The remainder comes from a wide range
of other industries, including metal finishing, general
manufacturing, and transportation.
IDENTIFICATION OF HAZARDOUS WASTE
Although Congress defined the term "hazardous waste" in
the Act, EPA was required to develop the regulatory
framework that would identify those solid wastes that must
be managed as hazardous wastes under Subtitle C. This
framework (40 CFR Part 261), specifies that a solid waste
is hazardous if it is not excluded from regulation as a
hazardous waste and meets any of the following conditions:
1) Exhibits any of the characteristics of a hazardous
waste
2) Has been named as a hazardous waste and listed as
such in the regulations
3) Is a mixture containing a listed hazardous waste and
a nonhazardous solid waste
4) Is a waste derived from the treatment, storage, or
disposal of a listed hazardous waste.
CHARACTERISTICS
EPA has identified four characteristics for hazardous waste.
Any solid waste that exhibits one or more of these
characteristics is classified as hazardous under RCRA:
• Ignitability
• Corrosivity
Reactivity or
Extraction Procedure (EP) Toxicity.
a i, luwious ifi, any of,h*ujbur chamcurMo. EPA used two criteria in selecting these characteristics. The
first criterion was that the characteristics be capable of being
defined in terms of physical, chemical, or other properties
that cause the waste to meet the definition of hazardous
waste in the Act. The second criterion was that the
properties defining,the characteristics be "measurable by
standardized and available testing protocols. The second
criterion was adopted because the primary-responsibility for
determining whether a solid waste exhibits any of the
IgnttabOtty Conmltily ReatShUj lUdQ
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characteristics rests with generators. EPA believed that
unless generators were provided with widely available and
uncomplicated methods for determining whether their wastes
exhibited the characteristics, the identification system would
prove unworkable.
Largely due to this second criterion, EPA has to date
refrained from adding carcinogenicity, mutagenicity,
bioaccumulation potential, and phytotoxicity to the set of
proposed characteristics. EPA considered the available test
protocols for measuring these characteristics to be either
insufficiently developed or too complex and too highly
dependent on the use of skilled personnel and professional
equipment. Additionally, given the current state of
knowledge concerning such characteristics, EPA did not
feel that it could define with any confidence the numerical
threshold levels at which wastes exhibiting these
characteristics would present a substantial hazard. As testing
protocols become generally acceptable and EPA's confidence
in setting minimum thresholds increases, more
characteristics will be added.
40 CFR 261.20 through 261.24 defines the properties of
wastes exhibiting any or all of the existing characteristics
described below.
Ignitabilitv
A solid waste that exhibits any of the following properties is
considered a hazardous waste due to its ignitability:
• A liquid, except aqueous solutions containing less
than 24 percent alcohol, that has a flash point less
than 60° C (140° F)
• A nonliquid capable, under normal conditions, of
spontaneous and sustained combustion
• An ignitable compressed gas per Department of
Transportation (DOT) regulations or
• An oxidizer per DOT regulation.
EPA's reason for including ignitability as a characteristic
was to identify wastes that could cause fires during
transport, storage, or disposal. Examples of ignitable
wastes include waste oils and used solvents.
Corrosivitv
A solid waste that exhibits any of the following properties is
considered a hazardous waste due to its corrosivity:
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• An aqueous material with pH less than or equal to 2
or greater than or equal to 12.5 or
• A liquid that corrodes steel at a rate greater than
1/4 inch per year at a temperature of 55° C (130° F).
EPA chose pH as an indicator of corrosivity because wastes
with high or low pH can react dangerously with other wastes
or cause toxic contaminants to migrate from certain wastes.
It chose steel corrosion because wastes capable of corroding
steel can escape from their containers and liberate other
wastes. Examples of corrosive wastes include acidic wastes
and used pickle liquor (employed to clean steel during its
manufacture).
Reactivity
A solid waste that exhibits any of the following properties is
considered a hazardous waste due to its reactivity:
Normally unstable and reacts violently without
detonating
• Reacts violently with water
• Forms an explosive mixture with water
• Generates toxic gases, vapors, or fumes when mixed
with water
• Contains cyanide or sulfide and generates toxic
gases, vapors, or fumes at a pH of between 2 and
12.5
• Capable of detonation if heated under confinement or
subjected to strong initiating source
• Capable of detonation at standard temperature and
pressure or
• Listed by DOT as Class A or B explosive.
Reactivity was chosen as a characteristic to identify unstable
wastes that can pose a problem at any stage of the waste
management cycle, e.g., an explosion. Examples of reactive
wastes include water from TNT operations and used cyanide
solvents.
EP Toxicity
The term EP toxicity often confuses newcomers to the
program because, in addition to referring to a characteristic
of a waste, it also refers to a test. The test, called the
extraction procedure (EP), is designed to identify wastes
rn-6
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likely to leach hazardous concentrations of particular toxic
constituents into the ground water as a result of improper
management.
Cooccntritioo
Constituent
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1 A
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SjB
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1 0
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3.0
Eotria
o.m
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for Toxicity
During the procedure, constituents are extracted from the
waste in a manner designed to simulate the leaching actions
that occur in landfills. The extract is then analyzed to
determine if it possesses any of the toxic contaminants listed
in Figure 1.1. If the concentrations of the toxic constituent
exceed the levels listed in Figure 1.1, the waste is classified
as hazardous.
The EP toxicity test has been criticized because of its failure
to adequately simulate the flow of toxic contaminants to
drinking water. Under HSWA, Congress therefore directed
EPA to examine the EP toxicity test to determine if
modifications or additions could improve it as a diagnostic
tool. EPA plans to replace the test with the Toxicity
Characteristic Leaching Procedure (TCLP) test in the near
future.
TESTING FOR HAZARDOUS WASTE
CHARACTERISTICS
The responsibility for determining if a particular solid waste
is hazardous falls on the generators. If a solid waste is
neither excluded nor listed, as discussed in the following
pages, they, must either test their waste using standard
methods (specified in 40 CFR Part 261) or have sufficient
knowledge about their waste to assess whether it exhibits
any of the characteristics. If the waste does exhibit a
characteristic, then it is hazardous and must be handled
accordingly. Tests must be applied to each individual waste
and cannot be used to assess a type of waste (other than to
define the waste generically as hazardous). This provision
was established to prevent a national company from making
one waste determination and using the results nationwide,
masking potential regional variations. The tests must also
be run on .representative samples to obtain results that
adequately characterize the nature of the waste.
LISTING OF HAZARDOUS WASTES
A solid waste is hazardous if it is named on one of three
lists developed by EPA:
1) Nonspecific source wastes (40 CFR 261.31) - These
are generic wastes, commonly produced by
manufacturing and industrial processes. Examples
from this list include spent halogenated solvents used
in degreasing and wastewater treatment sludge from
electroplating processes as well as dioxin wastes,
most of which are "acutely hazardous" wastes due to
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the danger they present to human health and the
environment.
There are Three Lists
of Hazardous Wastes:
Non-specific source
wastes
• Specific source
wastes
• Commercial
chemical products.
2) Specific source wastes (40 CFR 261.32) -This list
consists of wastes from specifically identified
industries such as wood preserving, petroleum
refining, and organic chemical manufacturing. These
wastes typically include sludges, still bottoms,
wastewaters, spent catalysts, and residues, e.g.,
wastewater treatment sludge from pigment
production.
3) Commercial chemical products (40 CFR 261.33(e)
and (f)), also called "P" and "U" list wastes) - The
third list consists of specific commercial chemical
products, or manufacturing chemical intermediates.
This list includes chemicals such as chloroform and
creosote, acids such as sulfuric acid and hydrochloric
acid, and pesticides such as DDT and kepone.
EPA developed these lists by examining different types of
wastes and chemical products to see if they met any of the
following criteria:
• Exhibit one of the four characteristics of a
hazardous waste
• Meet the statutory definition of hazardous
waste
• Are acutely toxic or acutely hazardous or
• Are otherwise toxic.
HAZARDOUS WASTE MIXTURES
One of the questions that faced EPA when setting the
conditions for identifying hazardous wastes was how to
classify a waste mixture that contains both a listed hazardous
waste and a nonhazardous solid waste. EPA decided that
any waste mixture containing a listed hazardous waste is
considered a hazardous waste and must be managed
accordingly. This applies regardless of what percentage of
the waste mixture is composed of listed hazardous wastes.
Without such a regulation, generators could evade Subtitle C
requirements simply by commingling listed wastes with
nonhazardous solid waste. Most of these waste mixtures
would not be caught by the four Subtitle C characteristics
because they would contain wastes which were listed for
reasons other than exhibiting the characteristics, e.g., they
are acutely toxic. Allowing this situation would leave a
major loophole in the Subtitle C management system and
create inconsistencies in how wastes are managed under that
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system. However, a few exceptions to the mixture rule
outlined above follow:
If a wastewater discharge subject to regulation by
the Clean Water Act is mixed with low
concentrations of a listed waste, as specified in 40
CFR 261.3, the resultant mixture is not considered a
listed hazardous waste. Of course, if such a mixture
exhibited one of the characteristics, it would be
deemed hazardous.
• Mixtures of nonhazardous wastes and listed wastes
that were listed for exhibiting a characteristic are not
considered hazardous if the mixture no longer
exhibits any of the characteristics set forth in Subpart
C of 40 CFR Part 261.
• Mixtures of nonhazardous wastes and characteristic
hazardous wastes are not considered hazardous if the
mixture no longer exhibits any of the characteristics
set forth in Subpart C of 40 CFR Part 261.
• Certain concentrations of spent solvents and
laboratory wastewater that are discharged in low
concentrations and do not pose a threat to human
health or the environment are excepted.
• De minimis losses of discarded commercial chemical
products or intermediaries used as raw materials in
manufacturing or produced as by-products are
excepted. These include minor losses from spills
and transfer of materials, process leaks, and similar
incidental discharges.
An additional exemption from the mixture rule has been
granted to the petroleum refining industry for heat exchanger
bundle cleaning sludge.
WASTES DERIVED FROM HAZARDOUS WASTE
Another question that EPA faced was how to classify
residues from the treatment, storage, or disposal of a listed
hazardous waste. The Agency decided that any residue
derived from a listed hazardous waste is considered a
hazardous waste. EPA established this rule because it is
reasonable to assume that wastes derived from hazardous
wastes are themselves hazardous unless it can be shown that
they do not pose a threat to human health and the
environment.
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WASTES SPECIFICALLY EXCLUDED FROM
SUBTITLE C REGULATION
Congress decided that certain types of solid waste should
not be considered hazardous waste under Subtitle C. A
generator of solid waste should first determine if the waste is
specifically excluded from Subtitle C regulation. If the
waste is not excluded, the generator must determine if the
waste is hazardous. Excluded wastes include a number of
common solid wastes that do not present a significant threat
to human health or the environment or are currently
managed under other programs in a way that minimizes any
threat to human health or the environment, e.g., household
wastes, municipal resource recovery wastes, agricultural
wastes, and mining overburden returned to the mine site.
EPA amended Congress' list with certain chromium-
containing wastes and laboratory samples. Language
excluding these wastes from RCRA regulation is contained
in 40 CFR 261.4(a).
In addition, Congress exempted certain solid wastes from
consideration as hazardous waste. These wastes are detailed
in 40 CFR 261.4(b). A few of these waste streams were
provisionally exempted including oil and gas production
wastes, mining wastes, wastes from the combustion of coal
or other fossil fuels, and cement kiln dust waste. To
determine if those wastes should be regulated at all,
Congress, under Section 8002 of the Act, directed EPA to
conduct studies and report on whether the results indicate
that the wastes should be regulated under Subtitle C. EPA
completed several of these "large volume" studies. As a
result, EPA recently determined that regulation of wastes
from the development and production of crude oil, natural
gas, and geothermal energy is not warranted under Subtitle
C. Instead, EPA has chosen to expand existing regulatory
programs under Subtitle D, the Clean Water Act, and the
Safe Drinking Water Act. EPA has also determined that
regulation under Subtitle C of mining wastes (referred to as
"Bevill Wastes") from extraction and beneficiation currently
is not warranted. Instead, the Agency plans to develop a
program to regulate these mining wastes under Subtitle D of
RCRA. Other mining wastes, processing wastes, are still
being studied and are provisionally exempt from Subtide C.
Certain additional solid waste streams that are excluded from
consideration as hazardous wastes are not of this same
provisional nature, including: household waste, solid waste
returned to the soil as fertilizers, various chromium-
containing wastes, and discarded arsenical-treated wood.
Hazardous wastes generated in raw material or
manufacturing process units are excluded until the wastes
leave those units or until the waste remains in an inactive unit
longer than 90 days. Wastes sent to laboratories or treatment
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r-Recycle
Conserve Energy-
facilities for treatability studies also are excluded if the
stringent provisions of 40 CFR 261.4(d) are followed.
Certain residues of hazardous waste in empty containers also
are excluded from regulation under Subtitle C. Specifically,
any hazardous waste remaining in a liner or empty container
is exempt if all of the waste has been removed by methods
such as pumping or pouring. Additionally, no more than
2.5 centimeters of waste can remain in the bottom of the
container, or less than 3 percent by weight if the container is
under 110 gallons, less than 0.3 percent if over 110 gallons.
Special requirements apply if the waste is acutely hazardous.
The liner or container must be triple rinsed or cleaned by an
equally effective method. The rinsate then must be handled
as a hazardous waste.
Consistent with RCRA's mandate to foster resource
recovery, the regulations exempt some secondary materials
from RCRA when they are recycled using certain
procedures. The exemption is based upon the type of
secondary material being recycled and the recycling process
used. 40 CFR 261.2, Table 1 identifies classes of
hazardous waste secondary materials including:
Spent Materials - Materials that have been used and
can no longer serve their original purpose without
reprocessing
• Sludges - Residues from treatment of air or
wastewater (pollution control operations)
• By-products - Residual materials from industrial,
commercial, mining, and agricultural operations
• Commercial Chemical Products - Chemical products
and intermediates, and
Scrap Metal - Bits and pieces of metal from metal
processing operations or consumer use.
When recycled using one of the following processes some
secondary materials are exempted from RCRA regulation.
• Reclamation - Reprocessing to recover a usable
product, and
• Speculative Accumulation - Accumulation without
evidence of recycling or recyclability.
Similarly, RCRA exempts (40 CFR 261.6) or reduces the
regulatory requirements (40 CFR Part 266) for certain
hazardous waste recyclable materials or recycling
procedures. These provisions are addressed in Section III,
Chapter 4.
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WHEN DOES A HAZARDOUS WASTE CEASE BEING
HAZARDOUS?
EPA recognized that its procedures for listing hazardous
wastes might not be applicable in all cases. To provide for
these cases, EPA created a process called delisting that
allows any person, e.g., waste handler or general public, to
petition EPA to exclude a listed waste from regulation under
Subtitle C. For petitioners to get wastes delisted they must
prove to EPA that the wastes are not hazardous because of
facility-specific variations in raw materials, processes, or
other factors. In evaluating a delisting petition, EPA must
consider factors including constituents other than those for
which the waste was listed, if EPA has a reasonable basis to
believe that such additional factors could cause the waste to
be a hazardous waste. If, upon evaluation, EPA determines
that the waste is not hazardous due to conditions at the
facility, that waste is removed from Subtitle C's regulatory
jurisdiction. Delisting is done on a case-by-case basis.
Therefore, if a waste is delisted at one facility, it is not
automatically delisted at other facilities.
Facilities that treat listed wastes often want to show that the
treated listed waste is no longer hazardous. For example,
treating some hazardous waste by incineration may be cost
effective only if the resulting ash is not considered a
hazardous waste. If this demonstration has been
successfully made, the wastes may be disposed outside the
purview of Subtitle C. The concept of delisting is central to
this demonstration. The owner or operator must conduct
studies to show that, once treated, the Listed hazardous waste
is no longer hazardous.
Characteristic wastes automatically cease being considered
hazardous wastes when they cease to exhibit any
characteristic. It is also worth noting that the "mixture" and
"derived-from" rules do not apply to characteristic wastes.
(Of course, if mixtures or residues themselves exhibit a
characteristic, they are considered hazardous wastes.)
MIXED WASTE REGULATION
One of the more difficult issues facing EPA and States is the
regulation of mixtures of radioactive and hazardous waste
(Mixed Waste). Since Mixed Waste is considered hazardous
under RCRA and radioactive under the Atomic Energy Act,
both the Nuclear Regulatory Commission (NRC) and EPA
work together to address the management of these wastes.
Mixed Waste is most often produced by laboratories and by
nuclear energy production (source, special nuclear or by-
product material wastes). Laboratories may produce
scintillation solvents containing organic reagents and
low-level radioactive wastes. In nuclear energy production,
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discarded lead shielding and cooling materials may contain
heavy metals and radioactive wastes.
Generators of Mixed Waste must comply not only with the
minimum technical requirements of RCRA, but also with the
NRC regulations as well. Thus, since the hazardous and
radioactive waste components cannot be readily separated,
the design of facilities, drafting of operating requirements for
RCRA permits or NRC Licenses, and the development of
cleanup solutions must be done in a manner that adequately
addresses the hazards posed by both the radioactive and
hazardous components of the waste.
RELATIONSHIP TO STATE HAZARDOUS WASTE
PROGRAMS
A State that has been delegated the Subtide C program is
considered to be "authorized." This means that one must
comply with the State laws. The Federal waste identification
framework sets a baseline standard with which all States
must comply. Frequently, many States choose to adopt and
apply more stringent requirements. For example, waste oil
is not yet listed as a hazardous waste under the Federal
RCRA program. However, many States regulate used oil as
a hazardous waste. Therefore, understanding whether
Federal or State requirements are applicable is important
SUMMARY
All solid waste generators must determine if their waste is
hazardous and, therefore, subject to regulation under Subtitle
C. The Subtitle C regulations specify that a solid waste is
hazardous if it is not excluded and meets one of four
conditions:
1) Exhibits any of four ch aracteristic s:
- Ignitability
Corrosivity
- Reactivity, or
- EP Toxicity.
2) Is listed
3) Is a mixture, or
4) Is derived from the treatment, storage,
or disposal of a listed waste.
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Through delisting, any person may petition EPA to exclude a
listed waste from regulation under Subtitle C.
The recycling of hazardous waste may, under certain
circumstances, exempt it from Subtide C regulation.
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CHAPTER 2
REGULATIONS APPLICABLE TO
GENERATORS OF HAZARDOUS WASTE
OVERVIEW
WHO ARE THE REGULATED GENERATORS?
LARGE QUANTITY GENERATORS
SMALL QUANTITY GENERATORS
CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS
REGULATORY REQUIREMENTS
EPA ID NUMBER
PRE-TRANSPORT REGULATIONS
ACCUMULATION OF WASTE
THE MANIFEST
RECORDKEEPING AND REPORTING
BIENNIAL REPORTING
EXCEPTION REPORTS
THREE-YEAR RETENTION OF REPORTS, MANIFESTS,
AND TEST RECORDS
LAND DISPOSAL RESTRICTIONS
GENERATOR REQUIREMENTS
RECORDKEEPING REQUIREMENTS
ADDITIONAL GENERATOR REQUIREMENTS AND EXCLUSIONS
INTERNATIONAL SHIPMENTS
FARMER EXCLUSION
SUMMARY
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CHAPTER 2 - REGULATIONS APPLICABLE TO GENERATORS
OF HAZARDOUS WASTE
OVERVIEW
Generators of hazardous waste are the first link in the cradle-
to-grave chain of hazardous waste management established
under RCRA. Generators of more than 100 kilograms of
hazardous waste or 1 kilogram of acutely hazardous waste
per month must (with a few exceptions) comply with all of
the generator regulations developed under Subtitle C (40
CFR Part 262). Subtitle C requires generators to ensure7
and fully document that the hazardous waste they produce is V
properly identified and transported to a RCRA treatment^
storage, or disposal facility (TSDF).
WHO ARE THE REGULATED GENERATORS?
The Subtitle C regulations broadly define the term
"generator" to include any:
• Facility owner or operator or person who first creates
a hazardous waste, or
• Person who first makes the waste subject to the
Subtitle C regulations (e.g., imports a hazardous
waste, initiates a shipment of a hazardous waste from
a TSDF, or mixes hazardous wastes of different
DOT shipping descriptions by placing them into a
single container).
To define the subset of solid waste generators that must
comply with Subtitle C generator regulations, it is necessary
to distinguish between generators who produce or handle
nonhazardous solid waste and ones that produce or handle
hazardous solid waste. Subtitle C separates these two
groups by requiring all generators of solid waste to
determine whether any of their waste is hazardous using the
procedures outlined in Section III, Chapter 1. Once a
generator determines that all or part of the waste produced is
hazardous, he must comply with the regulatory
requirements of Subtitle C.
Under RCRA, there are three categories of generators:
Large quantity generators
• Small quantity generators
• Conditionally exempt small quantity generators.
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Large Quantity Generators
or A 1 Kg/Mo Acutely
V Hazardous
1 Kg/Mo Acutely Hazardous Waste Waste
CHANGES IN SMALL QUANTITY
GENERATOR EXEMPTION
Early in the development of the RCRA program EPA
recognized that hazardous waste regulations impose a
substantial burden on the regulated community. Thus, in
issuing waste regulations, EPA first focused on those
generators that produce the greatest volumes of hazardous
waste.
Large quantity generators are defined as those facilities that
generate:
• Over 1,000 kilograms per month of hazardous
waste, or
• Over 1 kilogram of acutely hazardous waste per
month.
Large quantity generators produce the greatest volume of
hazardous waste in the United States. EPA's 1985 biennial
survey of generators estimated that 274 of the 275 million
metric tons of hazardous waste came from large quantity
generators.
Small Quantity Generators
The initial EPA regulations, published on May 19, 1980,
exempted "small quantity generators" (SQGs) from most of
the hazard'ous waste requirements. A small quantity
generator was defined as a generator who produced:
• Less than 1,000 kilograms of hazardous waste at a
site per month (or accumulated less than 1,000
kilograms at any one time)
• Less than 1 kilogram of acutely hazardous waste per
month (or accumulated less than 1 kilogram at any
one time).
Because of concern that hazardous wastes exempted from
regulation due to the SQG exclusion could be causing
environmental harm, Congress amended the definition of
SQGs in HSWA, reducing the cut-off point from 1,000
kilograms to 100 kilograms. Thus the revised definition of
SQG is a generator who produces:
• Greater than 100 but less than 1,000 kilograms of
hazardous waste at a site per month (and accumulates
less than 6,000 kilograms at any one time)
• Less than 1 kilogram of acutely hazardous waste per
month (and accumulates less than 1 kilogram at any
one 'time):
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Because SQGs produce such a small portion of the nation's
hazardous waste, Congress was concerned that full
regulation might be economically burdensome and
inappropriate. Thus, Congress gave EPA authority to vary
the regulatory requirements applicable to SQGs from those
applied to large generators, provided that the requirements
were still protective of human health and the environment.
SQGs who store more than 6,000 kilograms of their waste
on-site must meet all large quantity generator requirements.
Generators of more than 1,000 kilograms of hazardous
waste per month or 1 kilogram of acutely hazardous waste
per month must, as was the case before the amendments,
meet the large quantity generator requirements.
Conditionally Exempt Small Quantity Generators
Currently, a facility that generates less than 100 kilograms
per month of hazardous waste and less than 1 kg per month
of acutely hazardous waste is "conditionally exempt" from
full regulation under Subtitle C. The conditionally exempt
SQG, however, must still:
• Identify the waste to determine whether it is a
hazardous waste
• Not accumulate more than 1,000 kilograms of
hazardous waste at any time
• Treat or dispose of the waste on site, or ensure that
the waste is sent to a:
Permitted or interim status TSDF, or
Permitted municipal or industrial solid waste
facility, or
Recycling facility.
Conditionally exempt SQGs who generate more than 100
kg/month of hazardous waste are regulated as an SQG (100-
1000). Facilities that generate in excess of 1 kg/month of
acutely hazardous waste are regulated as large quantity
generators. It is important to note that State classification of
generators may be different from those outlined above.
Some States regulate all generators of hazardous waste (i.e.,
there is no exempt category) and some States classify
generators by waste type rather than by volume.
REGULATORY REQUIREMENTS
Large and small quantity generators are subject to regulations
contained in 40 CFR Part 262. Such regulations require:
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• Obtaining an EPA ID number
Handling of hazardous waste before transport
• Manifesting of hazardous waste
• Recordkeeping and reporting.
Each requirement is discussed below with different
requirements for large and small quantity generators noted
where appropriate.
EPA ID Number
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One way that EPA monitors and tracks generators is to
assign each generator a unique identification number.
Without this number the generator is barred from treating,
storing, disposing of, transporting, or offering for
transportation any hazardous waste. Furthermore, the
generator is forbidden from offering his or her hazardous
waste to any transporter, or treatment, storage, or disposal
facility that does not also have an EPA ID number.
Pre-Transport Regulations
Pre-transport regulations are designed to ensure safe
transportation of a hazardous waste from origin to ultimate
disposal. In developing these regulations, EPA adopted
those used by the Department of Transportation (DOT) for
transporting hazardous materials (49 CFR Parts 172,
173,178, and 179). These DOT regulations require:
• Proper packaging to prevent leakage of hazardous
waste, during both normal transport conditions and
potentially dangerous situations, e.g., when a drum
falls out of a truck
_ JANUARY _
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FEBRUARY j
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MARCH
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• Labeling, marking, and placarding of the packaged
waste to identify the characteristics and dangers
associated with transporting wastes.
These pre-transport regulations only apply to generators
shipping waste off site.
Accumulation of Waste
In addition to adopting the DOT regulations outlined above,
EPA developed regulations that cover the accumulation of
waste prior to transport. A large quantity generator may
accumulate hazardous waste on site for 90 days or less as
long as the following requirements are met:
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• Prober Storage — The waste is properly stored in
containers or tanks marked with the words
"hazardous waste" and the date on which
accumulation began.
• Emergency Plan -- A contingency plan and
procedures to use in an emergency must be
developed. Large quantity generators are required to
have a written contingency plan, but small quantity
generators are not
• Personnel Training — Facility personnel are trained in
the proper handling of hazardous waste. Large
quantity generators are required to have an
established training program. Small quantity
generators, however, are currently exempt from this
requirement, but must ensure that employees
handling waste are familiar with proper procedures.
The 90-day period allows a generator to collect enough
waste to make transportation more cost-effective; that is,
instead of paying to haul several small shipments of waste,
the generator can accumulate waste until there is enough for
one big shipment.
If the generator accumulates hazardous waste on site for
more than 90 days he or she is considered an operator of a
storage facility and must comply with the Subtitle C
requirements for such facilities. Under temporary,
unforeseen, and uncontrollable circumstances the 90-day
period may be extended for up to 30 days by the Regional
Administrator on a case-by-case basis.
Small quantity generators can store waste on site for up to
180 days, providing certain criteria are met. The on-site
quantity of waste cannot exceed 6,000 kilograms at any
time. The facility must have basic safety information, e.g.,
the telephone number of the fire department and a
coordinator for emergency activities. The generator must
also ensure that personnel are familiar with emergency
procedures that must be followed during spills and
accidents. For more information on safety requirements, see
40 CFR 262.34(d). Additionally, small quantity generators
who must transport waste for 200 miles or more for off-site
treatment, storage, or disposal, are allowed to accumulate
waste for up to 270 days. The generator must still comply
with the basic safety requirements outlined above.
The Manifest
As mentioned earlier, the Subtitle C program is designed to
manage hazardous waste from cradle to grave. The Uniform
Hazarido^s Waste Manifest (the manifest) is the key to this
objective^se^Appendix^A). Through the use of a manifest,
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GENERATOR
FACILITIES
generators can track the movement of hazardous waste from
the point of generation to the point of ultimate treatment,
storage, or disposal. RCRA manifests contain the:
• Name and EPA identification number of the
generator, the transporter(s), and the facility where
the waste is to be treated, stored, or disposed
• DOT description of the waste being transported
• Quantities of the waste being transported
• Address of the treatment, storage, or disposal facility
to which the generator is sending waste (called the
designated facility).
HSWA requires that each manifest contain a certification
that;
• The generator has in place a program to reduce the
volume and toxicity of the waste to the degree
economically practicable, as determined by the
generator
• The treatment, storage or disposal method chosen by
the generator is the most practicable method currently
available that minimizes the risk to human health and
the environment.
The manifest is part of a controlled tracking system. Each
time the waste is transferred, e.g., from a transporter to the
designated facility or from a transporter to another
transporter, the manifest must be signed to acknowledge
receipt of the waste. A copy of the manifest is retained by
each link in the transportation chain. Once the waste is
delivered to the designated facility the owner or operator of
that facility must send a copy of the manifest back to the
generator. This system ensures that the generator has
documentation that his or her hazardous waste has made it to
its ultimate destination.
If 35 days pass from the date on which the waste was
accepted by the initial transporter and the generator has not
received a copy of the manifest from the designated facility,
the generator must contact the transporter and/or the
designated facility to determine the whereabouts of the
waste. If 45 days pass and the manifest still has not been
received, the generator must submit an exception report
(described below).
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Recordkeeping and Reporting
The recordkeeping and reporting requirements for generators
provide EPA and the States with a method to track the
quantities of waste generated and the movement of
hazardous wastes. The generator regulations in 40 CFR Pan
262 contain three primary recordkeeping and reporting
requirements:
• Biennial reporting
• Exception reporting
• Three year retention of reports, manifests, and test
records.
Biennial Reporting
Large quantity generators who transport hazardous waste off
site must submit a biennial report to the Regional
Administrator by March 1 of each even-numbered year. The
report details the generator's activities during the previous
calendar year and includes:
• EPA identification number and name of each
transporter used throughout the year
• EPA identification number, name, and address of
each off-site treatment, storage, or disposal facility to
which waste was sent during the year
• Quantities and nature of the hazardous waste
generated
• Efforts made to reduce the volume and toxicity of the
wastes generated
• Changes in volume or toxicity actually achieved,
compared with those achieved in previous years.
Generators who treat, store, or dispose of their hazardous
waste on site also must submit a biennial report that contains
a description of the type and quantity of hazardous waste the
facility handled during the year, and the method(s) of
treatment, storage, or disposal used.
Exception Reports
In addition to the biennial report, generators who transport
waste off site must submit an exception report to the
Regional Administrator if they do not receive a copy of the
manifest signed and dated, by the owner or operator of the
designated facility within 45 days from the date on which the
initial transporter accepted the waste. The exception report
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must describe efforts made to locate the waste, and the
results of those efforts. Small quantity generators who do
not receive a copy of the signed manifest from the designated
facility within 60 days must explain the exception on a copy
of the original manifest and send it to the Regional
Administrator.
Three Year Retention of Reports. Manifests, and Test
Records
The generator must keep a copy of each biennial report and
any exception reports for a period of at least three years from
the date the report was submitted. The generator also is
required to keep a copy of all manifests for three years or
until he or she receives a copy of the manifest signed and
dated from the owner or operator of the designated facility.
The manifest from the facility must then be kept for at least
three years from the date on which the hazardous waste was
accepted by the initial transporter. Finally, the records of the
waste analyses and determinations undertaken by the
generator must be kept for at least three years from the date
that the waste was last sent to an on-site or off-site TSDF.
The periods of retention mentioned above can be extended
automatically during the course of any unresolved
enforcement action regarding the regulated activity or as
requested by the Administrator.
LAND DISPOSAL RESTRICTIONS
One of the major impacts HSWA has had on the
implementation of the RCRA program is the restriction on
land disposal for certain hazardous wastes. HSWA Section
3004 restricts the land disposal of hazardous waste beyond
specified dates unless the wastes are treated according to
treatment standards. These requirements are found in 40
CFR Part 268. The land disposal restrictions are referred to
as the "land ban."
Generator Requirements
The land disposal restrictions affect both generators and
TSDFs (see Section III, Chapter 4 for details on the land
disposal restrictions requirements). Generators are
responsible for:
• Determining whether their waste is restricted from
land disposal
• Ensuring that all manifested shipments of restricted
wastes are accompanied by the proper records when
sent to a TSDF.
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Recordkeeping Requirements
All shipments of restricted hazardous wastes manifested off
site must be accompanied by the proper records. The type of
records depends on whether or not there is a treatment
standard specified for a particular waste. Because of the
large number of wastes, it has been difficult for EPA to
establish treatment standards for all wastes in these groups
by the deadlines specified in HSWA. Therefore, many of
these listed wastes have been restricted from land disposal
without a corresponding treatment standard. Recordkeeping
requirements for restricted wastes with treatment standards
differ from those for restricted wastes without standards.
These requirements are addressed separately below.
Restricted Wastes with Treatment Standards: If a generator
determines that the restricted waste exceeds the applicable
treatment standard, a notification must accompany the
manifest to the treatment facility and must include:
• EPA hazardous waste number
• Applicable treatment standard
• Manifest number of the waste shipment
• Waste analysis data, if available.
If the generator determines that his or her restricted waste
meets the treatment standard without the need for further
treatment, the generator must supply the same notification as
well as a certification stating that the waste complies with the
treatment standard. The notification and certification must
accompany that waste shipment to the hazardous waste
disposal facility.
Restricted Wastes Without Treatment Standards: If the
generator determines that treatment standards are not
developed for the restricted waste, the waste may be land-
disposed only if the generator prepares a demonstration and
certification to accompany the manifest. The demonstration
and certification attests that land disposal is the only viable
alternative to manage the waste. Appendix B outlines the
paperwork requirements for all land disposal restricted
wastes.
ADDITIONAL GENERATOR REQUIREMENTS AND
EXCLUSIONS
Additional generator requirements apply to persons who
export their wastes or submit their waste for land disposal.
In addition, farmers have been excluded from complying
with generator requirements under certain circumstances.
These requirements are discussed below.
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International Shipments
Prior to HSWA, hazardous wastes could be exported from
the United States with only minimal notice to EPA or the
receiving country. HSWA set additional notification
requirements for such exports. These requirements prohibit
the export of hazardous waste unless the exporter obtains
prior written consent of the receiving country. This
statement must be attached to the manifest accompanying
each waste shipment
To export a hazardous waste, the Administrator must first be
notified by the exporter 60 days prior to when the waste is
scheduled to leave the United States. This notification must
be completed only for the first shipment in any 12-month
period, unless basic information about the nature and
frequency of the shipments changes. If the importing
country agrees to accept the hazardous waste, EPA sends an
"Acknowledgement of Consent" to the exporter, who may
then export the waste to the importing country.
Recordkeeping and reporting requirements are similar to
those for domestic shipments of hazardous waste.
Farmer Exclusion
Although farmers can be generators of hazardous waste,
they need not comply with the Subtitle C regulations for
generators when the wastes being disposed are pesticides
used only by them and the:
• Empty pesticide containers are triple rinsed
• Pesticide residues are disposed on the farm following
the instructions on the pesticide label.
SUMMARY
Generators regulated under RCRA fall into three categories:
• Large quantity generators
Small quantity generators
• Conditionally exempt small quantity generators.
Regulations under Subtide C for large and small quantity
generators include:
Obtaining an EPA ID number
• Handling hazardous waste before transport
• Accumulating waste
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• Manifesting hazardous waste
• Recordkeeping and reporting.
HSWA requires generators to evaluate their waste to
determine whether it must be treated prior to land disposal.
HSWA requires EPA to establish waste-specific treatment
standards in accordance with specified schedules.
Depending on whether a treatment standard has been
established, recordkeeping requirements for generators
differ.
Exempted from some or all of the generator requirements
under certain circumstances are farmers; generators who
treat, store, or dispose of their waste on site; and generators
of less than 1,000 kilograms per month who ship their waste
off site.
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CHAPTER 3
REGULATIONS APPLICABLE TO TRANSPORTERS OF
HAZARDOUS WASTE
OVERVIEW
WHO ARE THE REGULATED TRANSPORTERS?
REGULATORY REQUIREMENTS FOR TRANSPORTERS
EPA ID NUMBER
THE MANIFEST
HANDLING HAZARDOUS WASTE DISCHARGES
STATE TRANSPORTATION REGULATIONS
SUMMARY
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CHAPTER 3 -
REGULATIONS APPLICABLE TO TRANSPORTERS
OF HAZARDOUS WASTE
OVER VIEW
A Transporter is Defined as:
Any person engaged in the off-
site transportation of manifested
hazardous waste, by air, rail,
highway, or water.
Transporters of hazardous waste are the critical link between
the generator and the ultimate off-site hazardous waste
treatment, storage, or disposal facility. The transporter
regulations were developed jointly by EPA and DOT to
avoid contradictory requirements between the two agencies.
Although the regulations are integrated, they are not
contained in the same part of the Code of Federal
Regulations (CFR). A transporter must comply with the
regulations under 49 CFR Parts 171-179 (The Hazardous
Materials Transportation Act) as well as those under 40 CFR
Part 263 (Subtitle C of RCRA). The remainder of this
chapter summarizes the Subtitle C regulations applicable to
transporters. Those readers interested in obtaining a more
complete picture of transporter regulations should also
review the DOT regulations.
WHO ARE THE REGULATED TRANSPORTERS?
A transporter under Subtitle C is defined as any person
engaged in the off-site transportation of hazardous waste
within the United States, if such transportation requires a
manifest under 40 CFR Part 262 (see Section IE, Chapter 2
of this manual). This definition covers transport by air, rail,
highway, or water. The transporter regulations do not apply
either to the on-site transportation of hazardous waste by
generators who have their own TSDFs or to TSDFs
transporting wastes within a facility.
Under certain circumstances, a transporter of hazardous
waste may be subject to RCRA regulatory requirements
other than those contained in 40 CFR Part 263. Once a
transporter accepts hazardous waste from a generator or
another transporter, he or she can store it at a transfer station
for up to ten days without being subject to other than the
transporter regulations. However, if the storage time
exceeds ten days, the transporter is considered a storage
facility .and must comply with the regulations for such a
facility (see Section IE, Chapter 4). In addition, transporters
who bring hazardous waste into the United States or mix
hazardous wastes of different DOT shipping descriptions in
the same container are classified as generators, and must
comply with the regulations applicable to generators outlined
in Section HI, Chapter 2.
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REGULATORY REQUIREMENTS FOR
TRANSPORTERS
A transporter is subject to a number of regulations:
• Obtaining an EPA ED number
• Complying with the manifest system
• Handling hazardous waste discharges.
EPA IP Number
One way that EPA keeps track of transporters is by requiring
each transportation company to obtain a unique ID number
from EPA. Without this identification, the transporter is
forbidden from handling any hazardous waste.
Furthermore, a transporter may not accept waste from a
generator unless that generator has an EPA ID number.
The Manifest
The major responsibilities of the transporter in the manifest
system were discussed in Section III, Chapter 2. In
summary, the transporter is required to deliver an entire
quantity of waste accepted from either the generator or
another transporter, to the designated facility listed on the
manifest. If the waste cannot be delivered as the manifest
directs, the transporter must inform the generator and receive
further instructions, i.e., return the waste or take it to
another facility. Before handing the waste over to a TSDF,
the transporter must have the owner or operator sign and
date the manifest. One copy of the manifest remains at the
TSDF while the other stays with the transporter. The
transporter must retain a copy of the manifest for three years
from the date the hazardous waste is accepted by the initial
transporter.
As noted in Section I, one of the goals of RCRA is to foster
resource recovery and recycling. There is a special
exemption from all the normal manifest requirements for
transporters who handle certain reclaimed wastes from small
quantity generators. The waste must be reclaimed under a
contractual agreement that specifies the type of waste and
frequency of shipments. The vehicle used to transport the
waste from the recycling facility also must be owned and
operated by the reclaimer of the waste. The generator is
responsible for keeping a copy of the reclamation agreement
for three years after the agreement ends.
Handling Hazardous Waste Discharges
Even if generators and transporters of hazardous waste
comply with all appropriate regulations, transporting
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hazardous waste can still be dangerous. There is always the
possibility that an accident will occur. To respond to this
possibility, the regulations require transporters to take
immediate action to protect health and the environment if a
release occurs, e.g., notifying local authorities and/or diking
off the discharge area.
The regulations also give certain officials special authority to
handle transportation accidents. Specifically, if a Federal,
State, or local official, with appropriate authority, determines
that the immediate removal of the waste is necessary to
protect human health or the environment, the official can
authorize waste removal without the use of a manifest by a
transporter who lacks an EPA ID.
When a serious accident or spill occurs, the transporter must
notify the National Response Center (NRC). Specifically,
the NRC must be notified when:
• A person is killed or seriously injured
• Estimated damage exceeds $50,000
• The spill involves disease-causing agents or
radioactive material
The spill exceeds a Superfund reportable quantity
• A life-threatening situation exists.
The Center for Disease Control must also be informed if the
spill involves disease-causing agents. Within 15 days of the
incident, the transporter must file a report with DOT. If
hazardous wastes were involved in the spill, the transporter
must supply a copy of the hazardous waste manifest and an
estimate of the quantity of waste removed from the site,
where it was taken, and the disposition of any unremoved
waste. Consumer commodities, batteries, and small
containers of paint are exempt from the 15-day notification
requirement.
STATE TRANSPORTATION REGULATIONS
In addition to meeting Federal requirements, transporters
must also comply with the requirements of each State they
travel through. Indeed, the most substantive requirements in
the day-to-day business of transporting hazardous waste
come from more than 30 States with transportation
regulations that differ from the Federal program. Some State
programs are significandy more stringent than the Federal
program. A number of States require transporters to post
bonds in case of an accident. These differences make it
important that transporters consult the transportation
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regulations of each State they travel through in addition to
Federal requirements.
SUMMARY
A transporter of hazardous waste must comply with both
DOT and EPA regulations. The Subtitle C regulations
require a transporter to:
• Obtain an EPA ID number
• Comply with the manifest system
Handle hazardous waste discharges.
Under certain circumstances, a transporter of hazardous
waste also may be subject to Subtide C generator and/or
storage facility requirements.,
Varying State hazardous waste transportation programs often
add additional requirements beyond the Federal program.
Transporters should consult the regulations of States they
travel through to fully understand hazardous waste transport
requirements.
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CHAPTER 4
REGULATIONS APPLICABLE TO TREATMENT, STORAGE, AND
DISPOSAL FACILITIES
OVERVIEW
WHAT IS A TSDF?
REGULATORY REQUIREMENTS
ADMINISTRATIVE AND NONTECHNICAL REQUIREMENTS FOR
INTERIM STATUS AND PERMITTED TSDFS
SUBPART A - WHO IS SUBJECT TO THE REGULATIONS?
SUBPART B - GENERAL FACILITY STANDARDS
SUBPARTS C & D - PREPAREDNESS AND PREVENTION, AND
CONTINGENCY PLAN AND EMERGENCY PROCEDURES
SUBPART E - MANIFEST SYSTEM, RECORDKEEPING, AND
REPORTING
INTERIM STATUS (PART 265) TECHNICAL REQUIREMENTS
GENERAL STANDARDS
SUBPART F - GROUND-WATER MONITORING
SUBPART G - CLOSURE/POST CLOSURE
SUBPART H - FINANCIAL REQUIREMENTS
SPECIFIC STANDARDS
SUBPART I - CONTAINERS
SUBPART J - TANKS
SUBPART K - SURFACE IMPOUNDMENTS
SUBPART L - WASTE PILES
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CHAPTER 4 (CONTINUED)
SUBPART M - LAND TREATMENT
SUBPART N - LANDFILLS
SUBPART O - INCINERATORS
SUBPART P - THERMAL TREATMENT
SUBPART Q - CHEMICAL, PHYSICAL, AND BIOLOGICAL
TREATMENT
SUBPART R - UNDERGROUND INJECTION
PERMIT (40 CFR PART 264) TECHNICAL REQUIREMENTS
GENERAL STANDARDS
SUBPART F - GROUND-WATER PROTECTION
SPECIFIC STANDARDS
SUBPART I - CONTAINERS
SUBPART J - TANKS
SUBPART K - SURFACE IMPOUNDMENTS
SUBPART L - WASTE PILES
SUBPART M - LAND TREATMENT
SUBPART N - LANDFILLS
SUBPART O - INCINERATORS
SUBPART X - MISCELLANEOUS UNITS
REQUIREMENTS FOR RECYCLABLE MATERIALS AND RECYCLING
PROCEDURES
LAND DISPOSAL RESTRICTIONS
TREATMENT, STORAGE AND DISPOSAL FACILITY
REQUIREMENTS
SUMMARY
'¦ .* . xiii.i .. <.
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notamec i penr. - -.houan Secc.or
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CHAPTER 4 - REGULATIONS APPLICABLE TO TREATMENT,
STORAGE, AND DISPOSAL FACILITIES
u
^ UPWOVfcP
OVERVIEW
Treatment, storage, and disposal facilities (TSDFs) are the
last link in the cradle-to-grave hazardous waste management
system. Subtitle C requires all TSDFs that handle hazardous
waste to obtain an operating permit (a process described in
the next chapter) and abide by the treatment, storage, and
disposal (TSD) regulations. The TSD regulations establish
design and operating criteria as well as performance
standards that owners and operators must meet to protect
human health and the environment. Because treatment,
storage, and disposal involves many different types of units
(e.g., a landfill or an incinerator), these regulations are far
more extensive than those just described for generators and
transporters. Because of this extensiveness, this chapter
provides only a summary of the TSD requirements. To
obtain the details the reader is encouraged to examine 40
CFR Parts 264 and 265.
WHAT IS A TSDF?
The definition of a TSDF, according to 40 CFR 260.10,
encompasses three different functions:
• Treatment - Any method, technique, or process,
including neutralization, designed to change the
physical, chemical, or biological character or
composition of any hazardous waste so as to
neutralize it, or render it non-hazardous or less
hazardous, or to recover it, make it safer to transport,
store or dispose of, or amenable for recovery,
storage or volume reduction.
• Storage - The holding of hazardous waste for a
temporary period, at the end of which the hazardous
waste is treated, disposed, or stored elsewhere.
Disposal - The discharge, deposit, injection,
dumping, spilling, leaking, or placing of any solid
waste into or on any land or water so that the waste
or any constituent thereof may enter the environment
or be emitted into the air or discharged into any
waters, including ground waters.
REGULATORY REQUIREMENTS
The original RCRA legislation establishes two categories of
TSDFs based on a facility's permit status. The first category
is made up of "interim status" facilities, ones that have not
obtained a permit. Although Section 3005(a) of the Act
specifies that facilities mustobtain a permit to operate,
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Congress, in developing this requirement, recognized that it
would take many years for EPA to issue all permits.
Therefore, it established interim status under Section 3005(e)
of the Act. This allows owners and operators of facilities in
existence on November 19, 1980 (or brought under Subtide
C regulation due to an amendment), who meet certain
conditions, to continue operating as if they have a permit
until their permit application is issued or denied- The second
category is made up of facilities that have permits.
Under Section 3004(a) of the Act, EPA was required to
develop regulations for all TSDFs. Although only one set
was required, EPA developed two sets of regulations; one
for interim status TSDFs, the other for permitted TSDFs.
The interim status requirements differ from those for
permitted facilities because in the absence of permits, the
interim status requirements needed to be self-implementing.
The interim status requirements have neither site-specific
provisions nor provisions that require negotiations between
EPA or a State and the owner or operator.
As will be noted in Chapter 5, incinerators that did not
submit a final permit application by November 1986 lost
interim status in November 1989. AH other facilities lose
interim status on November 1992, unless they submitted an
application by November 1988. (Land disposal facilities that
did not apply by November 1985 lost interim status in
November 1985.)
The interim status standards, found in 40 CFR Part 265, are
primarily "good housekeeping practices" that owners and
operators must follow to properly manage hazardous wastes
during the interim status period. The permit standards, on
the other hand, found in 40 CFR Part 264, are a mix of
performance standards and "design and operating" criteria
that permit writers include in facility-specific permits. Both
interim status and permit standards consist of two types of
requirements:
• Administrative and nontechnical requirements
• Technical and unit-specific requirements.
Because the administrative and nontechnical requirements are
nearly identical for interim status and permit standards, they
are discussed together in this chapter. However, the
technical requirements applied to interim status and permitted
facilities are significantly different and thus are discussed
separately. The technical requirements for interim status
facilities (40 CFR Part 265) are discussed before those for
permitted facilities (40 CFR Part 264) to reflect the
chronological order in which these two sets of requirements
are applied (existing facilities move from interim to permitted
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status). Thus, the regulatory requirements portion of this
chapter is broken into three parts. The first part describes
the administrative and non-technical requirements that apply
to both interim status and permitted facilities. The second
part describes the technical requirements that apply to interim
status facilities. The third part describes the technical
requirements with which permitted facilities must comply.
Finally, the chapter describes the land-disposal restrictions
schedule mandated under HSWA for curtailing the land
disposal of untreated hazardous waste.
ADMINISTRATIVE AND NONTECHNICAL
REQUIREMENTS FOR INTERIM STATUS AND
PERMITTED TSDFs
The purpose of the administrative and non-technical
requirements is to ensure that owners and operators of
TSDFs establish the necessary procedures and plans to run a
facility properly and to handle any emergencies or accidents.
They are in Subparts A through E of 40 CFR Pans 264 and
265, which are applicable to permitted and interim status
facilities, respectively, and cover the subject areas shown
below:
Subpart Subject
A Who is Subject to the
Regulations?
B
General Facility Standards
• Waste analysis
• Security
• Inspections
• Training
• Ignitable, reactive or
incompatible wastes
• Location standards.
C
Preparedness and
Prevention
D
Contingency Plans
and Emergency
Procedures
E
Manifest System, Record-
keeping and Reporting.
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Subpart A - Who is Subject to the Regulations?
Subpart A outlines who is subject to the TSD regulations and
any circumstances under which a person is excluded or only
subject to limited requirements. In general, all owners or
operators of facilities treating, storing, or disposing of
hazardous waste must meet the appropriate TSD regulations.
The exceptions to this include:
• A farmer disposing of pesticides from his own use
• The owner or operator of a totally enclosed treatment
facility
• The owner or operator of an elementary neutrali-
zation unit or a wastewater treatment unit
• A person cleaning up a hazardous waste spill or
discharge
• Facilities that reuse, recycle, or reclaim hazardous
waste (except persons who produce, burn, and
distribute hazardous-waste-derived fuel and used oil
recyclers)
• Generators (including small quantity generators)
accumulating wastes within the time periods
specified in 40 CFR Part 262 (see Chapter 2)
A transporter storing manifested shipments less than
10 days
A facility regulated by an authorized State program
(such facilities are regulated by the State program
instead of the Federal program).
In addition, owners or operators of facilities regulated by
other environmental laws under a permit-by-rule (e.g.,
publicly owned treatment works, underground injection
wells), discussed in Chapter 5, only need meet minimum
TSD requirements.
Subpart B - General Facility Standards
Before handling any hazardous wastes, every facility owner
or operator must apply to EPA for an identification number.
Owners and operators also must ensure that their wastes are
properly identified and handled, that facilities are secure and
operating properly, and that personnel working at facilities
are trained in hazardous waste management. To satisfy these
conditions, owners and operators must take the following
actions.
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Conduct Waste Analyses - Waste analyses are
conducted prior to treatment, storage, and disposal.
This ensures that owners or operators possess
sufficient information on the properties of the waste
they manage to be able to treat, store, or dispose of
them in a manner that will not pose a threat to human
health or the environment. The regulations require
owners or operators to perform detailed chemical and
physical analyses of their wastes, to develop and
follow a written waste analysis plan that specifies
tests and test frequencies, and to test any incoming
wastes.
Install Security Measures - The security requirements
were developed to prevent the unknowing entry of
people and minimize the potential for the
unauthorized entry of people or animals onto the
active portions of facilities. To meet these security
objectives, a barrier surrounding the active portion of
the facility with controlled entry systems or 24-hour
surveillance must be installed and warning signs
posted. Owners or operators also must take
precautions to avoid fires, explosions, generation of
toxic gases, and any other events that would threaten
human health, safety, and the environment. Owners
and operators are exempt from these requirements:
(1) if unauthorized or unknowing entry will not
result in injury, and (2) if the disturbance of waste or
equipment will not result in environmental damage.
Conduct Inspections - The regulations require an
owner or operator to develop and follow a written
inspection schedule to assess the status of the facility
and detect potential problem areas. Any observations
made during the inspections are recorded in the
facility's operating log and kept on file for three
years. All problems found must be remedied.
Conduct Training - The purpose of the training
requirement is to reduce the potential for mistakes
that might threaten human health and the
environment. This is accomplished by ensuring that
facility personnel acquire expertise in the areas to
which they are assigned. The requirements specify
when facility personnel must be trained (e.g., six
months after beginning a job) the records to be
maintained and the minimum frequency with which
the initial training received by the employees must be
updated. Both on-the-job training and in-house
training programs may be used to meet the training
requirements. Expanded training requirements have
been placed on TSDFs by the Occupational Safety
and Health Administration (OSHA). OSHA now
requires TSDFs to implement a hazard
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communication plan, medical surveillance program,
health and safety plan for employees,
decontamination procedures, and to provide a
minimum of 24 hours of safety training. The
training requirement may be waived if the employee
has had equivalent training or work experience.
Properly Manage Ignitable, Reactive, or
Incompatible Wastes - In general, all ignitable or
reactive wastes must be protected from sources of
ignition or reaction or treated to remove the cause of
concern. Owners or operators also must make sure
that treatment, storage, or disposal of ignitable,
reactive, or incompatible waste does not result in
damage to the containment structure (container, tank,
surface impoundment, landfill cell, or pit) and/or
threaten human health or the environment.
Incompatible wastes must not be placed in the same
containment structure if there is the potential for
reaction.
Comply With Location Standards - Current location
standards prohibit siting a new facility in a location
where flood or seismic events could affect a waste
management unit. Bulk liquid wastes are also
prohibited from placement in salt domes, salt beds,
or underground mines or caves. Provisions in
HSWA required the Agency to further strengthen
these location criteria. EPA is currendy working on
revising the regulations to reflect these new statutory
directives.
Subparts C & D - Preparedness and Prevention, and
Contingency Plan and Emergency Procedures
These two subparts, originally grouped as one, were
developed to prepare for emergencies. The preparedness
and prevention requirements are explicit (e.g., installing fire
protection equipment and alarms and arranging for
coordination with the local authorities in emergency
situations). They are intended to minimize the possibility
and effects of a release, fire, or explosion. Contingency
plan requirements are the logical next step. They require an
owner or operator to develop an action plan for emergency
situations. One of the key requirements of this plan is the
designation of an emergency coordinator who is responsible
for directing response measures and reducing the adverse
impacts of hazardous waste releases.
Subpart E - Manifest System. Recordkeeping, and Reporting
These requirements specify that the manifest be returned
from the facility owner or operator to the generator, thus
completing the manifest loop established in the manifest
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regulations (40 CFR Part 262). When the owner or operator
of the TSDF receives the waste, he or she is responsible for
ensuring that the waste described on the manifest is the same
as the waste on the truck. This ensures that there are no
significant discrepancies in the amount (e.g., an extra drum)
or type of waste (e.g., acid waste instead of paint sludge)
that was sent by the generator. If a significant discrepancy is
discovered, the TSDF must reconcile the difference with the
generator or transporter. If this is impossible, EPA must be
notified about the problem within 15 days of the incident.
In addition to the manifest requirements, Subpart E also
includes requirements for recordkeeping and reporting. This
includes operating records, biennial reports, unmanifested
waste reports, and reports on releases, ground-water
monitoring, and closure. Records and reports provide the
regulating authority with the information used in assessing
compliance with the hazardous waste regulations. They also
provide facility owners and operators, and local authorities,
with information that may be used in responding to
emergencies.
INTERIM STATUS (PART 2651 TECHNICAL
REQUIREMENTS
The objective of the interim status technical requirements is
to minimize the potential for environmental and public health
threats resulting from hazardous waste treatment, storage,
and disposal at existing facilities waiting to receive an
operating permit. The two groups of interim status
requirements are:
• General standards applying to several types of
facilities
• Specific standards applying to each waste
management method.
An owner or operator of an interim status facility can find the
applicable technical requirements in Subparts F through R of
40 CFR Pan 265.
GENERAL STANDARDS
The general standards cover three areas:
1) Ground-water monitoring requirements (Subpart F)
2) Closure, post-closure requirements (Subpart G)
3) Financial assurance (Subpart H).
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Subpart F - Ground-Water Monitoring
Ground-water monitoring is required only for owners or
operators of surface impoundments, landfills, and land
treatment facilities used to manage hazardous waste. The
purpose of these requirements is to assess the impact of a
facility on the ground water beneath it. All or part of the
requirements for ground-water monitoring may be waived if
the facility can demonstrate that there is a low potential for
migration of contaminants to the uppermost aquifer. For
example, a surface impoundment located in highly adsorbent
soils may qualify for this exemption. If wastes remain at the
site, monitoring must continue for 30 years (or more) after
the facility has closed. The interim status ground-water
monitoring program consists of:
1)
Dc s^.iopment and installation of a monitoring system
2)
Background monitoring
3)
Routine monitoring and evaluation
4)
Conducting assessments
5)
Reporting requirements.
Development and Installation of a Monitoring System - The
ground-water monitoring program outlined in the regulations
requires a monitoring system of at least four wells to be
installed, one upgradient from the waste management unit
and three downgradient. (It is important to note that these
are the minimum required.) The downgradient wells must
be placed so as to intercept any waste migrating from the
unit, should such a release occur. The upgradient wells
must provide data on ground water that is not influenced by
waste coming from the waste management unit (called
background data). If the wells are properly located,
comparison of data from upgradient and downgradient wells
should indicate if contamination is occurring.
Background Monitoring - Once the wells have been
installed, the owner or operator collects quarterly data for
one year to establish background concentrations for selected
chemicals. These data form the basis for all future
comparisons. If the TSDF suspects that contaminants are
already migrating to the ground water, this step may be
skipped and the facility would comply immediately with the
assessment monitoring requirements. There are three sets of
indicator,parameters for which background concentrations
are established:
Drinking water parameters
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• Ground-water quality parameters
• Ground-water contamination parameters.
Routine Monitoring and Evaluation - Following the
establishment of background levels, routine monitoring
begins. Routine monitoring examines ground water for
elevated levels of indicator constituents that suggest
contamination may be occurring. Indicator parameters, used
to assess ground water quality and potential contamination,
are monitored annually. Drinking water parameters are not
monitored routinely. The results of routine monitoring are
compared to the background values and tested statistically to
determine whether significant increases (or decreases in the
case of pH) have occurred in the indicator parameters. If
comparisons show a difference, then the Regional
Administrator must be notified within seven days and an
assessment rrogram instituted.
Assessment Program - If a statistically significant increase
(or decrease in the case of pH) over background is detected
for any of the indicator parameters, the owner or operator
must implement a ground-water assessment program to
determine whether hazardous waste is actually entering
ground water. The assessment program, based on a
previously developed plan, requires the owner or operator to
determine what is contaminating the ground water, the extent
of contamination, and the rate of the contaminant migration.
Within 15 days of conducting this assessment, a report on
ground-water quality must be submitted to the Regional
Administrator. If the results of the ground-water assessment
show no contamination by hazardous wastes, then the owner
or operator resumes routine monitoring for the indicator
parameters. However, if the assessment shows hazardous
waste contamination, then the owner or operator must
continue assessing the extent of ground-water contamination
quarterly until the facility is closed or further monitoring is
required as a result of the permitting process. Corrective
action may be required to remedy the release.
Reporting Requirements - Several ground-water monitoring
reports are required. During the first year, when initial
background concentrations are being established, a report on
each quarterly well analysis must be submitted within 15
days of the analysis. From the second year on, an annual
report must be submitted providing the results of monitoring
for.
• Indicators of ground-water contamination
• Ground water elevation
• Changes in background:levels.
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• Ground-water contamination assessments.
An owner or operator may also use an alternate ground-
water monitoring system if, given the facility's unique
hydrogeological situation, the one prescribed in the
regulations is not capable of yielding unbiased samples.
Subpart G - Closure/Post-Closure
Closure is the period when wastes are no longer accepted,
during which owners or operators of TSDFs complete
treatment, storage, and disposal operations, apply final
covers to or cap landfills, and dispose of or decontaminate
equipment, structures, and soil. Post-closure, which applies
only to land-disposal facilities, is normally a 30-year period
after closure during which owners or operators of disposal
facilities conduct monitoring and maintenance activities to
preserve the integrity of the disposal system. EPA may
either extend or shorten the time required for post-closure
monitoring. The period may be shortened if EPA finds that
the reduced period will still protect human health and the
environment. Conversely, post-closure may be lengthened
if necessary to protect human health and the environment.
The purpose of the closure and post-closure requirements is
to ensure that all facilities are closed in a manner that (1)
minimizes the need for care after closure and (2) controls,
minimizes, or eliminates the escape of waste, leachate,
contaminated rainfall, or waste decomposition products to
soils, ground or surface waters, and the atmosphere.
Closure - An owner or operator must develop a plan for
closing the facility and keep it on file at the facility until
closure is completed and certified. This plan must include:
A description of how the facility will be closed
• An estimate of the maximum amount of waste the
facility will handle
• A description of the steps needed to decontaminate
equipment-and remove soils and debris during
closure
• An estimate of the year of closure
• A schedule for closure.
The plan may be amended at any time during the active life
of the facility. Furthermore, the plan must be amended
whenever design and operation changes that affect the
closure plan occur. Prior to closure, the plan is submitted to
the Regional.Administrator for approval. The Regional
Administrator, in turn, must provide both the owner or
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operator and the public an opportunity to comment on the
plan. Following the comment period, the Administrator
must make a decision to approve, modify, or disapprove the
plan. Closure activities occur according to a timetable
outlined in the regulations. This timetable is subject to
change by the Regional Administrator.
During closure, the owner or operator must treat, remove
from the site, or dispose of on site, all hazardous wastes in
accordance with the approved closure plan. Once closure is
completed, the owner or operator certifies that the facility has
been properly closed. As pan of closure activities, a survey
plat indicating the location and dimensions of landfill cells or
other disposal areas is submitted to the local land authority
and the Regional Administrator. This plat preserves a record
of the TSDF that can be referenced in future years. A
notation on the deed to the facility property also must be
made to notify potential purchasers of the property that the
land was used to manage hazardous waste.
Post-Closure - Post-closure is required for land disposal
facilities that do not "clean close" (see below). When a land
disposal facility is closed, it must be monitored for 30 years
to ensure the integrity of any waste containment systems and
to detect contamination. Post-closure care consists of at least
the following:
• Ground-water monitoring and reporting
• Maintenance and monitoring of waste containment
systems
• Security.
Like the closure requirements, a post-closure plan outlining
activities is developed and kept at the facility until post-
closure care begins. This plan may be amended at any time,
and an amendment is required if there is any change that
affects the plan. Post-closure plans are submitted and
reviewed in the same manner as closure plans. The post-
closure care period may be lengthened or shortened by the
Agency if warranted.
Clean Closure - Owners or operators of surface
impoundments and waste piles that remove all contaminants
from the unit may "clean close" the unit This means that all
wastes have been removed from the unit. If this is
successfully demonstrated, post-closure care is not required.
At a minimum, owners and operators of surface
impoundments and waste piles that wish to clean close must
conduct soil analyses and ground-water monitoring to
confirm that all wastes have been removed from the unit.
Other requirements (i.e., contaminant concentrations) for
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each facility are set by EPA and the affected State on a case-
by-case basis.
Subpart H - Financial Requirements
Financial requirements were established to assure that funds
are available to pay for closing a facility, for rendering post-
closure care at disposal facilities, and to compensate third
parties for bodily injury and property damage caused by
sudden and non-sudden accidents related to the facility's
operation. One important purpose of financial assurance is
to prevent RCRA sites from requiring cleanup under
Superfund. Ensuring that funds are available for closure,
post-closure, and liability helps minimize the need for future
Superfund action.
Under HSWA, Congress mandated financial responsibility
for other RCRA activities in addition to those outlined in
Subpart H. This demonstrates the importance that Congress
places on requiring financial assurance for proper hazardous
waste management. For example, the HSWA amendments
call for financial responsibility for completing corrective
action at TSDFs.
Under Subpart H, there are two kinds of financial
requirements:
1) Financial assurance for closure/post-closure
2) Liability coverage for injury and property damage
(sudden and non-sudden occurrences).
States and the Federal Government are exempted from these
requirements.
Financial Assurance for Closure/Post-Closure - The first
step owners and operators must take in meeting the financial
assurance requirements is to prepare written cost estimates
for closing their facilities. If post-closure care is required, a
cost estimate for providing this care must be prepared as
well. These cost estimates must reflect the actual cost of
conducting all the activities oudined in the closure and post-
closure plans and are adjusted . annually for inflation. The
cost estimate for closure is based on the point in the facility's
operating life when closure would be the most expensive.
Cost estimates for post-closure monitoring and maintenance
are based on projected costs for the entire post-closure
period.
Following the preparation of the cost estimates, the owner or
operator must demonstrate to EPA the ability to pay the
estimated amounts. This is known as financial assurance.
There are six mechahisms for complying with closure and
post-closure financial responsibility. All are adjusted
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annually for inflation, or more frequently, if cost estimates
change. The six mechanisms are:
Trust fund
• Surety bond
• Letter of credit
• Closure/post-closure insurance
• Corporate guarantee
• Financial test.
Any of the mechanisms can be used in conjunction with each
other to meet the financial assurance requirements.
However, if a corporate guarantee and the financial test are
combined, the owner or operator must certify that his or her
financial statements are not consolidated with those of the
guarantor. An owner or operator may also use one of the six
mechanisms to meet the financial requirements of multiple
facilities.
When an owner or operator selects a trust fund for financial
assurance, he is placing money into a special account.
Annual payments must be made into this account for eitheT
20 years or the remaining operating life of the facility,
whichever is shorter. During this "pay-in" period, as it is
called, deposits must equal the current cost estimate minus
the current value of the trust fund, divided by the number of
years remaining in the pay-in period. Thus, the trust fund
should contain a sum equal to the cost estimate at the end of
the pay-in period.
If either a surety bond, a letter of credit, or closure/post-
closure insurance is selected as the assurance mechanism,
the owner or operator is purchasing a third-party guarantee
that sufficient funds will be available for closure/post-closure
activities. The corporate guarantee mechanism works on this
same principle. TTie parent company that owns the facility
provides a written guarantee that sufficient funds are
available.
The financial test works on yet a different principle. The
owner or operator of a facility can assure, by means of a
financial test, that sufficient funds exist within the company
to pay for closure/post-closure activities. The financial test
is also used to test the financial strength of a parent
company's "corporate guarantee."
A facility may use State financial mechanisms to meet the
financial assurance requirements, if the Regional
Administrator determines that the mechanisms are equivalent
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to those just discussed. A State mechanism may be used
exclusively or in combination with the Federal mechanisms
to achieve the full level of assurance that is required.
The financial test and corporate guarantee have been
increasingly popular methods for compliance with the RCRA
financial assurance requirements (EPA recently amended the
liability requirements to allow the use of the corporate
guarantee as a method of compliance). This popularity is
due to the flexibility of the methods. Funds do not have to
be placed in escrow, nor does a premium have to be paid
annually. However, these more lenient requirements make
enforcement of financial responsibility difficult if firms file
for bankruptcy and fail to pay for closure, post-closure, or
liability costs.
Liability Coverage - An owner or operator is financially
responsible for bodily injury and property damage to third
parties caused by a sudden accidental occurrence or a non-
sudden accidental occurrence due to operations at a facility.
Sudden occurrences are usually due to an accident, such as
an explosion or fire. Non-sudden occurrences take place
over a long period of time, e.g., ground-water
contamination.
Sudden Accidental Occurrences - An owner or operator of a
TSDF must have liability coverage of $1 million per
occurrence with an annual aggregate of $2 million, exclusive
of legal defense costs. This liability coverage may be
demonstrated using any of the six mechanisms allowed for
assurance of closure and post-closure. In addition, owners
or operators may obtain guarantees from corporate "siblings"
or "grandparents," or from firms with which they have a
"significant business relationship."
Non-Sudden Accidental Occurrences - Additionally, an
owner or operator of a surface impoundment, landfill, land
treatment facility, or group of such facilities must maintain
liability coverage for non-sudden accidental occurrences.
Owners or operators must maintain $3 million per
occurrence with an annual aggregate of $6 million, exclusive
of legal defense costs. Liability coverage may be
demonstrated in the same ways as sudden liability is
demonstrated. The same mechanisms may be used to supply
assurance for both types of accidental coverage, but must
provide coverage of at least $4 million per occurrence and $8
million annual aggregate, the total of the liability coverage
requirements (sudden and non-sudden).
SPECIFIC STANDARDS
Subparts I through R of 40 CFR Part 265 consist of
requirements tailored to 10 specific waste management
methods:
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Containers
• Tanks
• Surface impoundments
• Waste piles
• Land treatment units
• Landfills
• Incinerators
• Other thermal treatment units
• Chemical, physical, and biological treatment units
• Underground injection wells.
While the requirements are specific to the type of waste
management practice, there are common elements in each of
them. These are:
• Waste analysis
• Monitoring and inspection
Closure/post-closure
• Record-keeping
• Requirements for ignitable, reactive, and
incompatible wastes
• General operating requirements.
The first five elements have the same objectives as the
corresponding general standards discussed earlier, except
that additional requirements have been added to the specific
standards for each waste management method, e.g., an
owner or operator of a tank, in addition to developing an
inspection plan, must inspect the tank for cracks or signs of
leakage. The method-specific requirements for those five
elements are beyond the scope of an orientation manual, but
can be found in the regulations (40 CFR Part 265, Subparts
I through R).
The general operating requirements specify operating
procedures for each waste management method. These
operating procedures are the tools used by EPA to ensure
that wastes are properly managed. The operating
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requirements for each of the ten waste management methods
are discussed below.
Subpart I - Containers
Drums and containers are frequendy used to accumulate and
store wastes. In the past, persons using waste drums often
put them somewhere out of sight, without any further
concern about what might happen to residues in the
containers. The drums eventually weathered and corroded,
releasing their contents, posing threats to human health and
the environment. Recognizing that elementary and
straightforward precautions may eliminate these problems,
EPA requires basic good management practices. The
container regulations, therefore, include:
• Using containers in good condition. Wastes in
leaking or damaged containers must be
recontainerized.
Ensuring the compatibility of the waste with the
container (i.e., corrosive wastes should not be stored
in metal containers).
• Handling containers properly to prevent ruptures and
leaks.
• Preventing the mixture of incompatible wastes.
• Conducting inspections to assess container
condition.
When closing a container storage area, the owner/operator
must ensure that all hazardous waste residues (including
contaminated soils) are removed.
Subpart J - Tanks
Tanks are stationary devices designed to contain an
accumulation of hazardous waste and constructed primarily
of non-earthen materials. Subpart J addresses tanks storing
waste that are hazardous-under Subtitle C of RCRA.
Additional requirements 'have been" developed for
underground tanks storing petroleum or hazardous
substances under Subtitle' I of RCRA (see Section IV).
Regulations governing hazardous waste tanks were
substantially expanded under HSWA. General operating
requirements fall into five basic areas:
Tank Assessment - An assessment must be completed to
evaluate the. tank system's structural integrity and
compatibility with the "wastes* that" it"will hold. The
assessment covers design standards, corrosion protection,
tank tests, waste characteristics, and the age of the tank.
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Interim status tanks (in most cases) should have been
assessed by the owner or operator by January 1988.
Secondary Containment and Release Detection - Unless the
tank does not contain free liquids and is located in a building
with impermeable floors, secondary containment and release
detection is required. Secondary containment systems must
be designed, installed, and operated to prevent the migration
of liquid out of the tank system, and to detect and collect any
releases that do occur. Commonly used types of
containments include liners, vaults, and double-walled
tanks.
Owners and operators of interim status tank systems can
demonstrate that an alternate design, location, and operating
practice will prevent the migration of hazardous wastes or
constituents while the tank system is in use. Alternatively,
the tank system can be exempted if any release that might
occur would not harm human health and the environment
Operating and Maintenance Requirements - Persons using
tanks, either to store or treat wastes, must manage the tanks
to avoid leaks, ruptures, spills, and corrosion. This includes
using freeboard or a containment structure (e.g., dike or
trench) to prevent and contain escaping wastes, and having a
shut-off or bypass system installed to stop liquid from
flowing into a leaking tank.
Response to Releases - Tanks with leaks or spills must be
emptied immediately. The area surrounding the tank must be
visually inspected for leaks and spills. Based on the
inspection, further migration of the waste must be stopped,
and visibly contaminated soils and surface water must be
properly disposed. All major leaks must be reported to the
Regional Administrator, followed by a report describing the
fate of the released materials.
Closure and Post Closure - All contaminated soils and other
hazardous waste residues must be removed from the tank
storage area at the time of closure. If decontamination is
impossible, the tank storage area must be closed following
the requirements for landfills.
A surface impoundment is a depression or diked area (e.g.,
pond, pit, or lagoon) used for storage, treatment, or
disposal, with the following characteristics:
Open on the surface
• Designed to hold an accumulation of waste in liquid
or semi-solid form.
Subpart K/ Surface Impoundments
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The use of surface impoundments for managing hazardous
wastes has given rise to great concern because wastes
deposited in them tend to escape. The pressure of the liquids
forces the contents to flow downwards into surrounding
areas, resulting in contamination, especially of sub-surface
waters. The initial requirements established for surface
impoundments in interim status were not adequate to prevent
contamination. They concentrated on general operating
requirements to prevent overtopping (two feet of freeboard
was required) and containment of liquids (dikes were
required to have protective covers, such as grass or rock to
preserve their structural integrity). Though ground-water
monitoring was required, liners to prevent leakage were not,
because it was deemed impractical and infeasible by EPA for
all surface impoundments to be retrofitted for the duration of
the interim period before permitting. Congress, however,
established minimum technological requirements for interim
status surface impoundments in HSWA.
HSWA increased the level of leak protection required at
surface impoundments. Existing surface impoundments in
interim status had to retrofit and install double liners and a
leachate collection system by November 8, 1988, or stop
receiving, treating, or storing hazardous waste. Surface
impoundments that come under Subtitle C regulation due to
additional wastes being listed as hazardous have four years
from the date the new wastes are added to meet the new
requirements. Surface impoundments must be inspected
once a week to determine whether there are any leaks. If a
leak is found, the surface impoundment must be taken out of
service until it is repaired.
The Act includes provisions for variances from minimum
technological requirements, which had to be granted by
November of 1987. If any of the exempted impoundments
are likely to leak or begin to leak, they must be retrofitted to
meet the minimum requirements.
Subpart L - Waste Piles
An owner or operator of a waste pile, used for treatment or
storage of a non-containerized accumulation of solid, non-
flowing hazardous waste, is given a choice regarding
management requirements. The owner or operator may
comply with either the waste pile or the landfill
requirements. Waste piles used for disposal, however, must
comply with the requirement for landfills. The requirements
for managing storage and treatment waste piles include
protecting the pile from wind dispersion. The pile must be
placed on an impermeable base that is compatible with the
waste being stored. If hazardous leachate or run-off is
generated, control systems must be constructed, operated,
and maintained.
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Subpart M - Land Treatment
Land Treatment
Land treatment is the process of using soils and
microorganisms as a medium to biologically treat hazardous
waste. Land treatment has been successfully used for many
years in the petroleum refining industry. However, it is
highly regulated because it presents potential risks in the
absence of operational controls, e.g., disposal of non-
degradable waste types. These risks arise because land
treatment involves the direct application of hazardous waste
to soils.
An owner or operator may not place hazardous waste in or
on a land treatment facility unless the waste can be made less
hazardous or non-hazardous. Monitoring of the soil beneath
the treatment area and comparison to data on background
concentrations of constituents in untreated soils are required
to detect r. station of hazardous wastes. In addition, waste
analyses must be conducted prior to placing wastes in or on
the land to determine:
If any substance in the waste is EP toxic (see Section
IE, Chapter 1)
• The concentration of hazardous waste constituents
• The concentration of arsenic, cadmium, lead, and
mercury, if food-chain crops are grown on the land.
If the waste contains any of these compounds in
concentrations that will prevent its degradation,
immobilization, or transformation, then the waste cannot be
treated in a land treatment unit.
The requirements prohibit growing food-chain crops in a
treated area containing arsenic, cadmium, lead, mercury, or
other hazardous constituents. This prohibition may be
waived if it is demonstrated that such elements or
constituents would not be transferred to the food portion of
the crop or, if transferred, would not occur in concentrations
greater than would be expected in an identical crop grown on
untreated soil in the same region. If food-chain crops are
grown during post-closure they must be raised in accordance
with the requirements established in the regulations.
The owner or operator must continue to monitor soil,
maintain run-on and run-off management systems, and
control wind dispersal after closure. In addition, access to
the treatment unit must be restricted.
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Subpart N - Landfills
Landfilling historically has been the cheapest, and thus
preferred, means of disposing of hazardous waste. Through
the 1980s, landfilling is expected to account for disposal of
over one-fifth of all hazardous waste. Until the last decade,
landfilling practices often focused only on burying the waste
to get it out of sight, and controlling surface problems such
as blowing litter. Experiences at Love Canal in New York
and other burial operations have demonstrated the potential
for severe human health and environmental impacts from
improper landfilling.
Some argue that, because wastes remain hazardous for very
long periods, they should not be landfilled at all. EPA
agTees in principle that it is better to destroy or recycle
hazardous wastes than to landfill them, but the fact remains
that, for the foreseeable future, land disposal is necessary
because it is technically infeasible at present to recycle, treat,
or destroy all hazardous waste. A number of techniques are
available, however, for reducing potential adverse health and
environmental effects arising from landfills.
The problems that hazardous waste landfills have presented--
and that interim status standards address—can be divided into
two broad classes. The first class includes fires, explosions,
production of toxic fumes, and similar problems resulting
from the improper management of ignitable, reactive, and
incompatible wastes. To deal with these problems, owners
or operators are required to analyze their wastes to provide
enough information for their proper management. They
must control the mixing of incompatible wastes in landfill
cells. Furthermore, they may landfill ignitable and reactive
wastes only when the wastes are rendered unignitable or
non-reactive.
The second class of problems presented by landfills
concerns the contamination of surface and ground waters.
To deal with these problems, interim status regulations
require diversion of "run-on" (water flowing over the
ground onto active portions of the facility) away from the
active face of the landfill; treatment of any liquid wastes or
semi-solid wastes so that they do not contain free liquids;
proper closure (including a cover) and post-closure care to
control erosion and the infiltration of rainfall; and crushing
or shredding most landfilled containers so that they cannot
later collapse thus leading to subsidence and opening of the
cover. In addition, the interim status regulations for landfills
require ground-water monitoring to detect contamination,
and the collection of rainwater and other run-off from the
active face of the landfill to control surface water pollution.
Segregation of waste, such as acids, that would mobilize,
solubilize, or dissolve other wastes or waste constituents is
required, too.
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Following promulgation of the interim status regulations,
Congress determined that existing requirements for land
disposal (both interim and permitted), were inadequate to
protect human health and the environment and adopted the
position of discouraging land disposal. This stance is
reflected in HSWA. Specifically, no bulk or non-
containerized liquid hazardous waste, or hazardous waste-
containing free liquids can be disposed of in either an interim
status or permitted landfill. This is to prevent the formation
of hazardous leachate that could migrate and cause surface-
or ground-water contamination. An exemption to the ban on
disposing of non-hazardous liquid wastes may be obtained if
the only reasonably available disposal method for such
liquids is a landfill or unlined surface impoundment that may
already contain hazardous wastes and that will not present a
risk of contamination to underground sources of drinking
water. Containers holding free liquids also can be placed in
a landfill if the liquid has been solidified or decanted, or the
container is very small, e.g., an ampule. Finally, small
containers in overpacked drums containing liquids (e.g., lab
packs) may, if properly prepared, be placed in a landfill
(with the exception of lab packs containing untreated land
disposal restricted wastes). As with surface impoundments,
expanded or replaced interim status landfills are required to
install double liners and leachate collection systems.
Subpart O - Incinerators
Incineration, a method of thermal destruction of primarily
organic hazardous waste using flame combustion, can
reduce large volumes of waste materials to ash and less toxic
gaseous emissions. The interim status incinerator general
operating requirements include:
• Achieving normal steady-state combustion conditions
before wastes are introduced
• Combustion and emission monitoring.
The owner or operator must analyze the waste that is to be
incinerated. Special requirements pertain to incinerators (in
addition to those required for all facilities under Subpart B).
The "waste analysis must determine:
• Heating value of the waste
Total halogen and sulfur content
• Concentrations of lead and mercury, unless the
facility can demonstrate that these elements are not
present in the waste stream to be incinerated.
Interim status facilities burning dioxin-cbntaining wastes
miist 5rieet additional requirements. Essentially, these
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requirements amount to meeting the permitted (40 CFR Part
264) incinerator standards. This includes destroying
99.9999 percent of the dioxins in the waste stream.
When closing the incinerator, the owner or operator must
remove all hazardous waste and waste residues (including
but not limited to ash, scrubber waters, and scrubber
sludges).
Subpart P - Thermal Treatment
Incineration is only one type of management process that can
be used to thermally treat hazardous waste. Less
conventional methods, such as molten salt combustion,
calcination, wet air oxidation, and fluidized bed combustion,
are regulated under this Subpart. Owners or operators who
thermally treat hazardous wastes (other than incinerators)
must operate the unit following many of the requirements
applied to an incinerator. The difference is that the thermal
treatment standards prohibit open burning of hazardous
waste except for the detonation of waste explosives.
Standards for thermal treatment at permitted facilities under
40 CFR Part 264 have been incorporated under
Miscellaneous Units, Subpart X.
Subpart O - Chemical. Physical, and Biological Treatment
Treatment, although most frequently conducted in tanks,
surface impoundments, incinerators, and in land treatment
facilities, can also be conducted in other ways through
processes such as distillation, centrifugation, reverse
osmosis, ion exchange, and filtration. Because there are
many different types of treatment processes, and because the
processes are frequently waste-specific, EPA has not
developed detailed regulations for any particular type of
process or equipment. Instead, general requirements have
been established to assure safe containment of hazardous
wastes. In most respects, these other treatment methods are
very similar to using tanks for treatment; therefore, they are
essentially regulated the same way. The requirements that
must be met concern avoiding equipment or process failure
that could pose a hazard, e.g., reagents or wastes that could
cause equipment or a process to fail must not be used in
treatment. In addition, safety systems to shut down waste
inflow in case of a malfunction must be installed in
continuous flow operations. Standards for chemical,
physical, and biological treatment methods for permitted
facilities under Part 264 have been incorporated under
Miscellaneous Units, Subpart X
Subpart R - Underground Injection
Underground injection is the disposal of fluids underground,
through a well Underground injection is regulated jointly
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under RCRA and the Safe Drinking Water Act. This
technology is most appropriate for liquid wastes that are
difficult or hazardous to treat (e.g., certain chlorinated
pesticides). Specific requirements for owners and operators
of underground injection facilities have not been established
under RCRA. The wells are permitted at the State level
under the Safe Drinking Water Act and granted a permit by
rule under RCRA. Owners and operators of these facilities
must meet the general standards outlined in Subparts A
through E of 40 CFR Part 265. They are not required to
meet RCRA closure/post-closure or financial requirements
(Subparts G and H of 40 CFR Part 265), since both areas
are already regulated under the Safe Drinking Water Act (see
40 CFR Part 144). HSWA prohibits the disposal of
hazardous waste by underground injection into or above a
formation within 1/4-mile of an underground source of
drinking water.
Standards for underground injection of hazardous waste
have been developed under the Safe Drinking Water Act.
These consist of:
Construction Requirements - New wells must be sited so
that they inject into a separate formation from underground
sources of drinking water, free of faults or fractures.
Drilling logs and similar tests must be used to ensure that
this requirement is met. Both new and existing wells must
be cased and cemented to protect sources of drinking water,
so that the injection well does not create a significant risk to
human health.
Operating. Monitoring, and Reporting Requirements - The
injection pressure of the well must not be so great as to
fracture the disposal formation. The owner or operator must
monitor the injection well to ensure the integrity of the well
bore. He must also periodically monitor the pressure, flow
rate, and cumulative volume of the injected material.
Monitoring information is submitted annually to EPA.
RCRA Section 3004(f) requires EPA to determine whether
underground injection of hazardous wastes will endanger
human health" and the environment. In response to this
requirement, EPA has banned the underground injection of
wastes that do not meet the applicable treatment standards of
the land disposal restrictions. More specific information on
the wastes banned from injection can be found in 40 CFR
Pan 148.
PERMIT T40 CFR PART 2641 TECHNICAL
REQUIREMENTS
The permitted standards-are more extensive than the general
management practices detailed in the interim status
standards, because they compel the owners and operators of
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the different waste management methods to design their
management units to prevent the release of hazardous waste.
The permit standards in 40 CFR Part 264 also differ from
the interim status standards in that they are only a blueprint
for the requirements applied to TSDFs. The specific
requirements with which an owner or operator must comply
are developed for each facility by permit writers, based on
their "best engineering judgment" and the requirements of 40
CFR Part 264. Such requirements are then incorporated into
the facility's operating permit. For example, the ground-
water monitoring requirements are found in 40 CFR Part
264, but the actual parameters that must be monitored are
specified in each permit. Thus, although the technical
requirements for permits are discussed here, each facility's
permit must be consulted for the individual requirements an
owner or operator must follow.
The technical requirements for permitted facilities are
structured similarly to the interim status technical
requirements. They too are divided into two groups:
• General standards
• Specific standards.
Because many of the interim status technical requirements
are the same or similar to permit requirements, the remainder
of this chapter describes only these major provisions of
Subparts I through O, and X of 40 CFR Part 264 that are not
found in, or differ from, Subparts I through R of 40 CFR
Part 265.
GENERAL STANDARDS
The general standards cover three areas:
1) Ground-water monitoring requirements (Subpart F)
2) Closure/post-closure requirements (Subpart G)
3) Financial requirements (Subpart H)
The ground-water monitoring requirements are discussed
below. Closure/post-closure and financial requirements for
permitted facilities are similar to the corresponding
requirements under interim status. Thus, they are not
repeated here.
Subpart F - Ground Water Protection
The ground-water protection requirements for permitted
facilities are more specific than those found under interim
status. They apply to surface impoundments, waste piles,
land treatment units, and landfills. There are three parts to
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the ground-water requirements: a detection monitoring
program, a compliance monitoring program, and a corrective
action program.
Detection Monitoring - Detection monitoring is conducted to
determine whether hazardous wastes are leaking from a
TSDF at levels great enough to warrant compliance
monitoring. Detection activities are similar to those outlined
under interim status, including background monitoring and
semi-annual monitoring for indicator parameters.
Monitoring is conducted at a compliance point specified in
the permit. This point is located at the edge of the waste
management area, best envisioned as an imaginary plane on
the outer limit of one or a group of disposal units. The
indicator parameters and constituents that must be monitored
are specified in the permit. If leakage is detected, then the
owner or operator institutes a compliance monitoring
program.
Compliance Monitoring - The objective of the compliance
monitoring program is to evaluate the concentration of
certain hazardous constituents in ground water to determine
whether ground-water contamination is occurring at a level
requiring corrective action. Each permit specifies the
constituents and concentration limits owners or operators
must monitor for in the ground water protection standard.
The constituents are selected from Appendix DC of Part 264
as those that could possibly originate from the TSDF. The
ground-water protection standard can be:
• Background levels
The values in Table 1 of 40 CFR Part 264.94,
(Maximum Concentration of Constituents for
Ground-Water Protection), or
A site-specific alternate concentration limit approved
by the Regional Administrator.
If compliance monitoring indicates a statistically significant
increase in the concentration limits for those hazardous
constituents specified in the permit, then corrective action
must be instituted to bring the facility back into compliance
with the ground-water protection standard.
Corrective Action - Corrective action may be required either
under the authority of Subpart F or the authority of HSWA.
Subpart F corrective action applies only to cleaning up
ground water at a regulated unit at a TSDF. This type of
corrective action program is. incorporated into a facility
permit. HSWA corrective action (described in detail in
Section EI, Chapter 5) applies to releases to any media from
any unit at a-TSDF. these two corrective, action authorities
are often used.in combination at a TSDF.
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SPECIFIC STANDARDS
The facility-specific standards cover the following eight
waste management methods:
• Containers
• Tanks
• Surface impoundments
Waste piles
• Land treatment units
• Landfills
• Incinerators
• Miscellaneous units.
Facility-specific permit standards for underground injection,
thermal treatment, or chemical, physical, and biological
treatment are developed from the general performance
standards outlined in Subpart X, Miscellaneous Units, of
40 CFR Pan 264.
Subpart I - Containers
Permit requirements for containers are similar to the interim
status requirements, with the following exceptions:
• Containers must be placed in a containment system
that is capable of containing leaks and spills. This
system must have sufficient capacity to contain ten
percent of the volume of all containers or the volume
of the largest container whichever is greater (this
applies only to those holding liquids; containers
holding solids are not factored into this volume
determination).
• When closing a container, all hazardous waste and
hazardous waste residues must be removed, unless
the container is to be disposed of as hazardous
waste.
After closure, all contaminated equipment or soil
must be decontaminated or removed.
Subpart J-Tanks
40 CFR Part 264 standards.for tanks closely resemble the
requirements for interim-status tanks described previously.
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Tank assessments, secondary containment and leak
detection, operations and maintenance, response to releases,
and closure/post-closure requirements are all the same. The
difference is that new tanks (regulated under 40 CFR Part
264) must comply with these requirements before being put
into use. Requirements for existing (interim status) tanks are
phased in. Additionally, owners and operators of permitted
tank systems cannot obtain an exemption from the secondary
containment and release detection requirements.
Subpart K - Surface Impoundments
Prior to HSWA, the permit standards for surface
impoundments required that a liner be designed, constructed,
and installed to prevent migration of wastes out of the
impoundment. In addition, double-lined surface
impoundments meeting certain requirements were not subject
to ground-water protection requirements. However, HSWA
established minimum technology standards for land disposal
facilities including surface impoundments, that are more
stringent. Existing requirements were considered inadequate
to prevent hazardous waste from entering the environment.
All surface impoundments are required to have at least one
liner and to be located on an impermeable base.
Additionally, new surface impoundments, replacements, or
lateral expansions of surface impoundments applying for a
permit after November 8, 1984, must meet the minimum
technological requirements added to section 3004(o) of the
Act by HSWA. These requirements are:
• The installation of two or more liners
• A leachate collection system between the liners
• Ground-water monitoring.
Variances for these requirements may be given by the
Administrator if the owner or operator demonstrates that
alternative design and operation, together with location
characteristics, will prevent migration of hazardous
constituents into ground water. Monofill surface
impoundments containing foundry wastes and meeting
certain conditions also may be issued a waiver. HSWA
deleted the variances from ground-water monitoring
standards for double-lined impoundments.
In addition to the new HSWA minimum technology
requirements, the old requirements calling for proper design,
construction, and operation of surface impoundments still
apply. These requirements include preventing liquids from
escaping from the top (overfilling, run-on) or sides (dikes)
of surface impoundments. Liners must be constructed
properly, of appropriate materials and thickness. During
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construction and installation, liners and cover systems must
be inspected for uniformity, damage, and imperfections.
After installation all units must be examined weekly to
ensure that the integrity of the unit is maintained and that no
potentially hazardous situations have developed. If the
liquid in a surface impoundment suddenly drops for no
apparent reason, or if a dike leaks, the surface impoundment
must be removed from service and, if the leak cannot be
stopped, the impoundment must be emptied.
The closure and post-closure requirements for surface
impoundments include removing or decontaminating all
waste residues, and properly covering and maintaining the
impoundment to prevent leaks from occurring.
Subpart L - Waste Piles
Unlike waste piles regulated under interim status, permitted
waste pile? must have an impermeable base with a liner
designed and constructed to prevent any migration of wastes
out of the pile into adjacent soil or waters. A leachate
collection system immediately above the liner also must be
installed. Owners or operators can be exempted from this
requirement if alternate design and operation practices,
together with location characteristics, will prevent the
migration of hazardous wastes.
Owners or operators of waste piles can obtain a waiver from
ground-water protection regulations if the waste pile is "an
engineered structure" that the Regional Administrator finds
does not receive or contain liquid waste, does exclude
liquids, and has a multiple leak detection system that
prevents waste migration.
Run-on and run-off systems must be constructed to prevent
water from flowing onto the active portion of the waste pile.
Construction of liners and cover systems must be monitored
to ensure that they are properly installed. During operation,
the owner or operator must inspect the waste pile once a
week, to ensure that there is no deterioration and that the
leachate collection system is functioning properly.
Subpart M - Land Treatment
These standards require that an owner or operator establish a
land treatment program to ensure that hazardous constituents
placed in or on the treatment zone are degraded,
transformed, or immobilized within the treatment zone. The
elements of this program specified in the permit, include:
Which wastes can be treated
• Design and maintenance of the land treatment unit to
maximize treatment
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• Soil monitoring
• The hazardous constituents that must be degraded,
transformed, or immobilized by treatment
• Size of the treatment zone.
The permit specifies the design and operating requirements
that the owner and operator must use in the construction and
maintenance of the land treatment unit.
Prior to the application of waste, a treatment demonstration
must be conducted to verify that the hazardous constituents
are adequately treated by the unit. The Regional
Administrator may allow the growth of food-chain crops in
or on the treatment zone only if the owner or operator meets
certain cor^itions outlined in 40 CFR 264.276.
The permitting standards for land treatment units include
extensive unsaturated zone monitoring requirements. A
monitoring program must be established to determine
whether hazardous constituents are migrating out of the
treatment zone. Based on a sampling program outlined in
the permit, if migration is detected a permit modification
must be submitted oudining changes in operating practices to
maximize the success of treatment.
Subpart N - Landfills
Landfills, like surface impoundments, are regulated closely
because of the potential impacts they may have on human
health and the environment. HSWA added several
provisions that owners or operators of landfills must meet.
Landfills (including expansions or replacements) permitted
after November 1985, must install two or more liners, two
leachate collection systems (one above and one between
liners) and must conduct ground-water monitoring. The
variance from ground-water requirements is the same as that
described under surface impoundments and waste piles -
only engineered structures that exclude liquids and prevent
liquid migration may be exempted. Owners and operators
are exempted if they can show that alternative design and
operating practices, together with location characteristics,
will prevent the migration of hazardous waste. Landfills
containing foundry wastes that meet certain location and
design criteria are also exempt. Facilities permitted prior to
November 1985 must only install one liner and a leachate
collection system.
Another HSWA amendment affecting landfills is the "liquids
in landfills restriction." Bulk or non-containerized liquids
(both"hazardous andLnori-hazardous) are prohibited from
placement {nv a landfill.0 In addition, the land disposal of
containerized liquid hazardous waste or free liquids in
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containerized hazardous waste must be minimized. If the
only reasonable alternative for disposing of non-hazardous
liquids is a non-Subtitle C landfill or unlined impoundment
that contains or may contain hazardous waste, then the
Regional Administrator may allow its disposal in a landfill.
As with surface impoundments, HSWA requires that final
permit applications for landfills be accompanied by
information on the potential for public exposure to hazardous
wastes or constituents from facility releases. This was
previously discussed under 40 CFR Part 264 surface
impoundment requirements.
Subpart O - Incinerators
By either conducting a trial burn or using alternate data, an
owner or operator must determine the operating methods for
his incinerator that will result in its meeting the following
performance standards:
• 99.99 percent of each principal organic hazardous
constituent specified in the permit must be destroyed
or removed by the incinerator (dioxins must meet
99.9999 percent)
Hydrogen chloride emissions must be minimized
• Particulate emissions must be limited.
The permit will specify the composition of waste feed that
may be incinerated. Different waste feeds may be
incinerated only if a new permit or permit modification is
obtained. To prove that an incinerator can meet the required
performance standards, a trial burn is usually conducted.
Trial burns are a temporary period in which the owner or
operator demonstrates the efficiency of the incinerator in
destroying hazardous wastes. While incinerating hazardous
waste, the combustion process and equipment must be
monitored and inspected to avoid potential accidents or
incomplete combustion. Incinerators may receive waste only
after the destruction removal efficiency has been achieved
and the unit is complying with its operating requirements.
The Regional Administrator may ask for a sampling of the
waste and exhaust emissions to verify that the operating
requirements in the permit are being met.
Subpart X - Miscellaneous Units
Until recently, although EPA has issued regulations for all
major waste management technologies, some gaps remained.
Some technologies were difficult to fit into the framework of
the prior regulations. To address these gaps, the Agency
issued regulations governing miscellaneous units.
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r- Recycle-
Conserve Energy -
Miscellaneous units are defined as any unit used to treat,
store, or dispose of hazardous waste that is not a research,
development, and demonstration unit, or not already
regulated under 40 CFR Part 264 (i.e., a landfill, surface
impoundment, incinerator, or tank). Miscellaneous units
regulated under Subpart X include, but are not limited to:
• Open burning/open detonation areas
• Thermal treatment units
• Deactivated missile silos
Geologic repositories
Requirements for miscellaneous units are based on technical
performance standards. They must be designed,
constructed, operated, and maintained in a manner that
ensures protection of human health and the environment.
Requirements for each miscellaneous unit are determined on
a case-by-case basis, including any of the technical
requirements under 40 CFR Part 264 that may be
appropriate.
REQUIREMENTS FOR RECYCLABLE MATERTAI.S
AND RECYCLING PROCEDURES
As referred to in Section IE, Chapter 1, certain materials that
are hazardous in nature or exhibit a hazardous waste
characteristic are exempt from the scope of hazardous waste
egulation when recycled (40 CFR 261.6), including:
Reclaimed industrial ethyl alcohol
Used batteries returned to the manufacturer for
regeneration
Used oil recycled but not burned
Scrap metal
Fuels from oil-bearing hazardous waste
Oil reclaimed from hazardous .waste.
Coke and coal tar from the iron-and steel industry.
Consequently, handlers of these materials are not subject to
generator, transporter, or TSDF regulations.
Similarly, regulations contained in 40 CFR Part 266 exempt
specialized recycling procedures from portions of the
hazardous waste regulations. These procedures include:
• Hazardous waste fuels burned for energy recovery in
boilers and industrial furnaces
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• Used oil burned for energy recovery in boilers and
industrial furnaces
• Hazardous wastes and waste-derived products used
in a manner constituting disposal
Spent lead-acid batteries which are reclaimed, and
• Hazardous wastes from which precious metals are
reclaimed
In addition, units used to recycle hazardous wastes (e.g.,
stills that distill spent solvents) do not require a hazardous
waste permit. However, owners or operators of recycling
facilities would have to obtain permits for container or tank
storage areas used to store the wastes prior to recycling (with
the exception of facilities reclaiming lead-acid batteries and
those engaged in precious metal recovery).
LAND DISPOSAL RESTRICTIONS
As explained in Section in, Chapter 2, HSWA Section 3004
includes restrictive provisions governing the land disposal of
untreated hazardous wastes. These provisions are being
codified into regulations following a schedule specified in
the statute, which oudines a phase-in of the land disposal
restrictions by groups. HSWA requires EPA to develop
treatment standards stipulating concentrations or levels of
hazardous constituents that are considered to be protective of
human health and the environment, for all listed and
characteristic hazardous wastes by May of 1990 (with a few
exceptions).
Treatment standard concentrations are expressed either as:
(1) concentrations of hazardous constituents in leachate
produced from testing a sample of the waste using the TCLP
(toxicity characteristic leaching procedure - a toxicity test) ot
(2) concentrations of hazardous constituents present in the
waste in weight percent (e.g., 2% lead). In addition to
treatment standards expressed as concentrations, for a few
wastes these standards are actually specified as a particular
treatment technology (e.g., halogenated organic compounds
- incineration).
HSWA has divided the universe of listed and characteristic
wastes into five groups and set schedules for EPA to
develop treatment standards for these groups. The groups
and schedules are:
Solvents and Dioxins: These were banned from land
disposal- (unless treated) effective November 8,1986 and
November 8,1988 respectively.
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"California List" Wastes: This group of hazardous wastes
was originally developed by the State of California for their
hazardous waste management program. It includes: liquid
wastes containing certain metals, free cyanides,
polychlorinated biphenyls, corrosives (pH less than 2.0) and
certain wastes containing halogenated organic compounds.
In addition, solid hazardous wastes containing halogenated
organic compounds are also included in this group. The
majority of these wastes was banned from land disposal
(unless treated) effective July 8, 1987. Some wastes were
given variances due to a lack of treatment capacity.
"First. Second, and Third Third" Wastes: The remaining list
of listed and characteristic wastes was divided into thirds
(see 40 CFR Part 268 for specific waste groupings). The
"first third" wastes were banned effective August 8, 1988
and the "second third" June 8, 1989. The "third third"
wastes will be banned effective May 8,1990.
Newlv Listed Wastes: Additional wastes listed after
November 8, 1984 will be evaluated on a case-by-case
basis. EPA must make a determination of whether the waste
may be land-disposed within six months of the identification
or listing. However, HSWA does not impose an automatic
prohibition on land disposal if EPA misses a deadline for a
newly listed waste.
Treatment. Storage, and Disposal Facility Requirements
Specific land disposal restrictions requirements for TSDFs
include:
• Ensuring compliance with generator record-keeping
requirements when residues generated from treating
restricted wastes are manifested off site
• Certifying that treatment standards have been
achieved for particular wastes prior to disposal.
As outlined in Section III, Chapter 2, facilities that generate
land disposal restricted wastes need to ensure that the proper
paperwork accompanies the manifest when restricted wastes
are sent off-site for disposal. Facilities that store or treat
restricted wastes or restricted waste residues, and send the
residues off-site for disposal, are subject to the same record-
keeping regulations as generators. In addition, facilities that
treat restricted wastes to the appropriate standard may send a
certification with the manifest to the disposer verifying
compliance. However, most disposal facilities generally test
waste shipments to ascertain compliance with the treatment
standards and to prepare their own certification.
Restricted wastes may- be .disposed in a hazardous waste
landfill only if the waste meets the applicable treatment
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standard. In some cases, a hazardous waste may meet the
treatment standard as generated and require no further
treatment. However, more frequently, waste streams will
require some type of treatment (e.g., incineration, fixation)
prior to disposal to comply with the standards. Facilities that
dispose of restricted wastes are ultimately responsible for
determining and certifying that they meet the standards. A
certification must be prepared by the disposal facility for
each distinct waste volume disposed unless the certification
is provided by the generator or treatment facility (as
discussed above).
SUMMARY
Treatment, storage, and disposal facilities (TSDFs) are the
last link in the cradle-to-grave hazardous waste management
system. In order to handle hazardous wastes, TSDFs must
obtain a permit and abide by TSD regulations.
TSDFs fall into two categories:
Interim status facilities
• Permitted facilities.
Interim status was developed by Congress to allow certain
owners and operators of facilities in existence on November
19, 1980 (or brought under Subtitle C regulation after this
date by amendment), to continue operating as if they have a
permit until their permit application is issued or denied.
There are two sets of TSD regulations:
• Interim Status Standards - These are "good
housekeeping" requirements, e.g., tanks should be
used properly, found in 40 CFR Pan 265.
Permit Standards - These are facility-specific
performance standards and "design and operating"
requirements incorporated into the permit, e.g., tanks
storing hazardous waste must be designed to
specifications found in 40 CFR Part 264. The permit
standard language in the regulations is general and
serves as a guideline for permit writers in setting the
specific design and operating requirements through
"best engineering judgment."
Both TSD regulations are composed of:
• Administrative and Non-Technical Requirements -
These ensure that owners or operators of TSDFs
establish the necessary procedures and plans to run a
facility properly and to handle any emergencies or
accidents. They cover
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Who is subject to the regulations
General facility standards
Preparedness and prevention
Contingency plans and emergency
procedures
Manifest system, record-keeping and
reporting.
Technical Requirements - These ensure that owners
or operators operate TSDFs in a way that minimizes
the potential for threats to human health and the
environment. Technical requirements are further
broken down into:
General standards that apply to several types
of facilities, covering:
Ground-water monitoring
Closure/post-closure
Financial requirements.
Specific standards that apply to a waste
management method, covering:
Containers
Tanks
Surface impoundments
Waste piles
Land treatment
Landfills
Incinerators
Thermal treatment (interim status
standards only)
Chemical, physical, and biological
treatment (interim status standards
only)
Underground injection (interim status
standards only)
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Miscellaneous units
HSWA Section 3004 requires the Administrator to examine
all listed hazardous wastes and some others to determine
whether any should be banned from land disposal. Those
wastes with concentrations of toxic constituents that threaten
human health and the environment must be treated before
they can be land disposed.
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CHAPTER 5
PERMITTING
OVERVIEW
WHO NEEDS A PERMIT?
TYPES OF HAZARDOUS WASTE PERMITS
THE PERMIT PROCESS
SUBMITTING PERMIT APPLICATION
REVIEWING THE PERMIT APPLICATION
PREPARING THE DRAFT PERMIT
TAKING PUBLIC COMMENT
FINALIZING THE PERMIT
PERMIT ADMINISTRATION
PERMIT MODIFICATION
REVOCATION AND REISSUANCE OF THE PERMIT
PERMIT TERMINATION
THE CORRECTIVE ACTION PROCESS
SCOPE
CORRECTIVE ACTION COMPONENTS
RCRA FACILITY ASSESSMENT (RFA)
RCRA FACILITY INVESTIGATION (RFI)
CORRECTIVE MEASURE STUDY (CMS)
CORRECTIVE MEASURES IMPLEMENTATION (CMI)
THE ENVIRONMENTAL PRIORITIES INITIATIVE
SUMMARY
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CHAPTER 5 - PERMITTING
OVF.RVTF.W
Permits identify the administrative and technical standards to
which facilities must adhere. Permits can be issued by EPA
or an authorized State. Whether administered by EPA or a
State, the permitting program must meet national standards.
Indeed, one of the requirements for a State program is that it
be consistent with, and no less stringent than, the Federal
program. Therefore, although this chapter describes
permitting as a Federal program, the procedures outlined
apply equally to permitting programs run by authorized
States. Additionally, States may impose regulatory
requirements that are more stringent or broader in scope than
the Federal pro-ram.
This chapter covers the entire permitting process including:
* The universe of TSDFs subject to the permitting
requirements of Subtide C
* The steps involved in permitting a TSDF
* Corrective action through the permitting process.
WHO NEEDS A PERMIT?
Qwners or operators.of facilities that treat, store, or dispose
ofhazardouswaste mu st ob tai nan opera tin g.permit under
Subtitle C. TSDFs in existenceorf November 19, 1980
operate under interim status until a final permit decision is
made. New TSDFs are ineligible for interim status and must
receive a RCRA permit before construction can commence.
Only in a very limited number of circumstances can a person
treat, store, or dispose of hazardous waste without a permit:
Generators storing waste on site for less than 90
days
Small quantity generators who store waste on site
less than 180 days
* Farmers disposing of their own (hazardous)
pesticides on site
Owners or operators of totally enclosed treatment
facilities, wastewater treatment units (tanks) and
elementary neutralization units
* Transporters storing manifested wastes at a transfer
facility for Less than 10 days
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• Persons engaged in containment activities during an
immediate response to an emergency
• Owners or operators of solid waste disposal facilities
handling only conditionally exempt small quantity
generator waste
• Persons engaged in Superfund on-site cleanups and
RCRA Section 7003 cleanups.
If any of the individuals listed above treat, store, or dispose
of hazardous waste in a manner' not covered by the
exclusion, they are subject to the RCRA permit requirements
for that activity.
As noted earlier, a permit defines a* facility's requirements
under Subtitle C. These requirements consist of all the
general and technical standards'discussed in Section III,
Chapter 4, as well as requirements for corrective action.
Corrective action requires all TSDFs to clean up releases
caused by facility operations.
TYPES OF HAZARDOUS WASTE PERMITS
Several categories of permits are issued under the RCRA
Subtitle C program. Each category defines operating
requirements and various provisions specific to the
permitting need.
• Treatment. Storage, and Disposal Permits -
Most commonly, RCRA permits are issued for
treatment, storage, and disposal units. The units are:
containers, tank systems, surface impoundments,
waste piles, land treatment units, landfills,
incinerators, and miscellaneous units. These
methods are the most common way to treat, store,
and dispose of hazardous waste. Minimum national
standards have been promulgated for each of these
methods at 40 CFR Part 264 (see Section III,
Chapter 4). As part of the permitting process,
HSWA requires facilities to correct releases to all
media. Interim status facilities or facilities permitted
prior to HSWA, are required to include provisions in
their Part B permit application or to revise their
permit, respectively, to comply with this
requirement. EPA must develop a schedule of
compliance to address releases from all solid waste
management units, as described later in this chapter.
• Research. Development, and Demonstration Permits
- EPA encourages the use of alternate treatment
technologies by issuing research, development, and
demonstration (RD&D) permits for promising
innovative and experimental treatment technologies.
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National standards must not exist for the treatment
technology. For example, a high temperature
incinerator could not apply for an RD&D permit
since standards have already been promulgated at 40
CFR Part 264 Subpart O. Permits are issued for one
year, although they may be renewed up to three
times. RD&D facilities can receive only those wastes
that are necessary to determine the efficacy of the
treatment technology.
Issuance of RD&D permits follows a more
streamlined process than a standard RCRA permit.
EPA may modify or waive the usual. permit
application and issuance requirements, with the
exception of financial responsibility and public
participation, as long as the Agency maintains
consistency with its mandate to protect human health
and the environment
Post-Closure Permits - Land disposal facilities that
leave wastes in place when they close must obtain a
post closure permit, specifying the requirements for
proper post-closure care.
Emergency Permits - In potentially dangerous
situations, EPA can forego the normal permitting
process. Specifically, when there is an "imminent
and substantial endangerment to human health and
the environment," a temporary (90 days or less)
emergency permit can be issued to a:
Non-permitted facility for the treatment,
storage, or disposal of hazardous waste
Permitted facility for the treatment, storage, or
disposal of hazardous waste not covered by its
existing permit.
Permit-bv-Rule - EPA issues permits under a number
of different laws. In some instances, the
requirements of one statute's permitting regulations
are quite similar to those in RCRA. To avoid
duplication, EPA has tried to abbreviate, the
application process for facilities that need to be
permitted under two or more statutes. This is done
through a permit-by-rule. A permit-by-rule
eliminates the need for facilities to submit a full
Subtitle C permit application when they are permitted
under the:
Safe Drinking Water Act (Underground
Injection Control permit)
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Clean Water Act (National Pollutant
Discharge Elimination System permit)
Marine Protection, Research, and Sanctuaries
Act (Ocean Dumping permit).
Facilities seeking a RCRA permit that already have
one of the three permits listed above need only meet a
subset of the Subtide C regulatory requirements. For
example, an owner or operator of a barge or vessel
that has an ocean dumping permit, and complies with
the appropriate conditions under Subtitle C (e.g.,
obtaining an EPA ID number, using the manifest
system, and biennial reporting) will be considered to
have a permit under RCRA.
Trial Bum and Land Treatment Demonstration
Permits - EPA issues permits to construct and
operate new hazardous waste management facilities.
Such facilities cannot be constructed until a permit is
issued. There is, however, an exception to this rule.
Land treatment facilities and incinerators must go
through a trial period during which their ability to
perform properly under operating conditions is
tested. This period is called a trial burn for
incinerators and a land treatment demonstration for
land treatment facilities. Owners or operators of
these two types of facilities are required to obtain
temporary permits that are enforced while the facility
is being tested. Once the facility adequately
completes its test, the Agency can make decisions
regarding the final permit. This sets the final
operating conditions based on the data generated
from these demonstrations.
THE PERMIT PROCESS
All hazardous waste TSDFs required to get a RCRA permit
go through the same basic permitting process. The
exceptions are facilities that are issued a permit-by-rule or an
emergency permit. The permit process consists of the
following steps:
Submitting a permit application
• Reviewing the permit application
• Preparing the draft permit
• Taking public comment
• Finalizing the permit
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An additional step of appealing the permit decision may
occur with some permits.
There are a number of Federal laws that may affect the
permit process, including the:
• Wild and Scenic Rivers Act
• National Historic Preservation Act of 1966
• Endangered Species Act
Coastal Zone Management Act
• Fish and Wildlife Coordination Act.
When any of these laws is applicable, its procedures must be
followed. For example, the Coastal Zone Management Act
prohibits EPA from issuing a permit for an activity affecting
land or water use in the coastal zone unless the proposed
activity complies with the State's Coastal Zone Management
Program, and is agreed to by the State. To get more
information on these laws and their potential impacts on
Subtitle C's permitting process, see 40 CFR 270.3.
Submitting a Permit Application
Owners or operators of facilities that fall under the permitting
regulations are required to submit a comprehensive permit
application covering all aspects of the design, operation, and
maintenance of the facility. This gives EPA and the State
valuable information to determine if the facility is in
compliance with Subtitle C regulations and to develop a
facility-specific permit.
The permit application is divided into two parts: A and B.
Part A of the application is a short, standard form that
collects general information about a facility, e.g., name of
the applicant and a description of the activities conducted at
the facility. Part B of the permit application is much more
extensive than Part A. It requires the owner or operator to
supply detailed and highly technical information, e.g.,
chemical and physical analyses of the hazardous waste to be
handled at the facility. Since there is no standard form for
Part B, the owner or operator must rely on the regulations
(40 CFR Parts 264 and 270) to determine what to include in
this part of the application. In addition to the general Part B
information that must be submitted by all owners or
operators of TSDFs, there are unique information
'requirements that are tied to the type of facility seeking a
permit. Depending on the situation, Parts A and B may be
submitted at different times. Existing-facilities (i.e., those
tfiat- received hazardous waste on or~after November 19,
1980), submitted their PartAs "when'applying for interim
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status. Their Part Bs can then either be voluntarily submitted
or "called in" by EPA.
HSWA imposed a statutory timetable for Part B submittals
for interim status facilities, summarized below. Those
facilities that fail to meet the submittal deadline lose their
interim status and must close if they do not receive permits
by the deadline. However, these deadlines do not apply to
new facilities or facilities that gained interim status after
November 8,1984.
Existing Facilities
Part A + Part B
Permit
Application
New Facilities
Part A & B
Permit
Application
Type of Loses/Lost
Facility Interim Status on
Land
disposal Nov. 8, 1985
Incinerator Nov. 8, 1989
All others Nov. 8,1992
Unless Part
B Submitted bv
Nov. 8,1985
Nov. 8, 1986
Nov. 8,1988
Under HSWA another group of facilities can submit Parts A
and B separately. Specifically, any TSDF that comes under
the jurisdiction of Subtitle C due to statutory or regulatory
changes must submit its Part A six months after the date of
publication of the regulations in the Federal Register, or 30
days after the date they first become subject to the
promulgated standards. The Part B for such facilities can
either be voluntarily submitted or called in by EPA. A
special timetable applies to land disposal facilities that come
under the jurisdiction of Subtitle C in this manner: they must
submit a Pan B within 12 months of becoming subject to
Subtitle C requirements or lose interim status. Incinerators
and all other facilities will retain interim status until a final
permit determination is made if they submit their Part B
applications by the indicated deadlines.
New facilities submit Parts A and B simultaneously. This
submission must be made at least 180 days prior to the date
on which physical construction is expected to start. By
requiring a permit to be issued prior to construction, the
owner or operator does not risk losing a substantial financial
investment by building a facility that fails to meet the more
stringent permit (40 CFR Part 264) requirements.
HSWA Section 3019 requires that final permit applications
for surface impoundments and landfills be accompanied by
information on the potential for public exposure to hazardous
wastes or constituents from facility releases. Congress'
rationale is that landfills and surface impoundments may
pose a greater health risk than other types of disposal
facilities. Once the information is submitted, EPA makes it
available to the Agency for Toxic Substances and Disease
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J^0K
Part B
<
Info Missing
i
Notice of
Deficiency
Registry (ATSDR). If EPA believes that the release poses a
substantial risk to human health, the Agency requests that
ATSDR perform a health assessment. The exposure
information must at least address:
• Reasonably foreseeable potential releases from both
normal operations and accidents at the facility,
including releases associated with transportation to or
from the facility
• The potential pathways of human exposure to
hazardous wastes or constituents resulting from the
releases described above
The potential magnitude and nature of the human
exposure resulting from the releases described
above.
Reviewing the Permit Application
Once the owner or operator of a facility has submitted an
application (both Pans A and B), EPA's first step is to
determine if all the required information has been submitted.
If the application is not complete, a notice of deficiency
(NOD) letter is sent to the owner or operator describing the
additional information that is required for a complete
application. Once the owner or operator has submitted all of
the required information, the application is considered
complete. Failure to provide this information can result in
denial of the permit, enforcement action, or both.
In some cases information contained in the permit application
may be considered confidential by the owner or operator.
Permit applicants often make a claim of confidentiality to
protect trade secrets. In such cases, the owner or operator
must make the claim known at the time of submission by
following the procedures described in 40 CFR 270.12
("confidentiality of information"). Claims of confidentiality
are reviewed (by EPA's legal counsel) to determine if the
information can legitimately be claimed as confidential. If a
claim is. substantiated, the information is treated as
confidential and not released. If,, on the other hand, a claim
is denied, the information is made public. Confidential
business information also is discussed in Section VII of this
manual.
Once the owner or operator is informed, by letter, that his
application is complete, an in-depth evaluation of the permit
application begins. TTie purpose of the evaluation is to
determine- if- the application satisfies the technical
requirements, of. RCRA. After the. permit application is
evaluated; EPAjmakes.a tentative, decision either to issue or
denyithevpenhita Ifnthe .tentative; decision is to deny the
permit, EPA must send the owner or operator a notice of
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A Draft Permit Consists of:
• Technical requirements
Other conditions:
General
Facility-specific
intent to deny. If EPA tentatively decides to issue the
permit, a draft permit is prepared by EPA staff.
EPA must either approve or deny the applications for
facilities that received interim status on or before November
8, 1984 in accordance with the following schedule set out
under HSWA:
• Land disposal facilities - by November 8,1988
• Incinerators - by November 8, 1989
• All other TSDFs - by November 8,1992.
For new facilities that submit their applications after
November 8, 1984, HSWA places no time limits on how
long EPA can take to evaluate the application. In either case,
evaluating an application is a lengthy process, and can take
from one to three years.
Preparing the Draft Permit
The draft permit incorporates applicable technical
requirements and other conditions pertaining to the facility's
operation. These other conditions are divided into two
groups - those applicable to all permits and those applied on
a case-by-case basis. General permit conditions comprise:
• A requirement to comply with all conditions listed in
the permit
• A responsibility to notify EPA of any planned
alterations or additions to the facility
• A requirement to provide EPA with any relevant
information requested and to allow Agency
representatives to inspect the facility premises under
certain conditions
• A requirement to certify annually that a program is in
place to reduce the volume and toxicity of waste, and
that the prop.osed method of treatment, storage, and
disposal minimizes threats to human health and the
environment
• A duty to submit required reports, e.g.,
Unmanifested Waste Report, Biennial Report, and
Manifest Discrepancy Report.
The case-by-case permit conditions include:
• Compliance Schedules - These schedules are
allowable only to bring a facility into compliance
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with corrective action requirements; all other permit
conditions must be met prior to issuance.
• Duration of Permit - The permit is valid for up to ten
years; land disposal permits must be reviewed every
five years
Technical Requirements - Provisions specific to the
various types of units at the facility (from 40 CFR
Part 264).
Taking Public Comment
Once the draft permit (or notice of intent to deny) is
completed, EPA is required to give public notice and allow
45 days for written comment. In certain cases a public
hearing may also be held during this time. Along with the
public notice, EPA must issue either a fact sheet or a
statement of basis to inform concerned parties about the
permitting process that is taking place. Fact sheets are
prepared for every major facility and any facility subject to
widespread public interest, as determined by EPA. They
include detailed information pertaining to the nature of the
facility, the contents of the draft permit (or nonce of intent to
deny), and the procedures to be used in reaching the final
administrative decision on the permit application. In lieu of a
fact sheet, a statement of basis may accompany a draft permit
(or notice of intent to deny). A statement of basis is
essentially a summarized version of the fact sheet. These
supporting documents are sent to the applicant and, on
request, to any other interested person.
If information submitted during the initial comment period
appears to raise substantial new questions concerning the
permit, the Agency must re-open or extend the comment
period. In this situation the Agency may also decide to
revise the draft permit (or notice of intent to deny).
Finalizing the Permit
After the comment period closes, a response to all significant
public comments is prepared and the Administrator makes
the final permit decision, where the permit is either issued or
denied. This decision may be appealed to the Administrator.
When administrative appeals are exhausted, the petitioner
may seek judicial review of the final permit decision.
PERMIT ADMINISTRATION
Once issued, RCRA permits are valid for up to ten years.
Land disposal permits have an additional requirement of
being reviewed after>five years. During the term of a permit
situations may arise which may cause the permit to be:
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Modified
• Revoked and reissued, or
Terminated.
Permit Modification
Permits may need modification for a number of reasons,
including:
Substantial alterations or additions to the facility
• New information about the facility becomes
available
• New g^tutory or regulatory requirements affect
existing permitted activities.
In September 1988, EPA published regulations (under 40
CFR 270.41 and 270.42) that revised permit modification
procedures for changes that facility owners and operators
may want to make. EPA categorized selected permit
modifications into three classes and established
administrative procedures for approving modifications in
each class. It is important to note that the previous
"major/minor" modification requirements will still be
implemented by States that chose not to adopt these
provisions.
The permit modification regulations provide owners and
operators more flexibility to change permit conditions,
expand public notification and participation opportunities,
and allow for expedited approval if no public concern exists
for a proposed modification.
The classes are defined as:
• Class 1: Routine changes and correction of
errors
• Class 2: Common or frequently occurring changes
needed to maintain a facility's capability to manage
wastes safely or conform to new requirements
• Class 3: Major changes that substantially alter the
facility or its operations.
In addition to establishing permit modification classes and
administrative procedures, this regulation also gives EPA the
authority to grant temporary authorization for facilities to
respond prompdy to changing conditions.
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Revocation and Reissuance nf the Permit
EPA may revoke and reissue a permit in two circumstances:
• When cause exists for terminating the permit (under
the circumstances described below), but EPA decides
that revocation and reissuance is a more appropriate
step
• When the permit holder plans to transfer the permit
Permit Termination
In some instances, operators may not comply with the
requirements stipulated in the permit, even after enforcement
action. In this case it may be necessary to terminate a
hazardous wg'^e permit. EPA may terminate a permit or
deny its renew.» for three reasons:
• Noncompliance by the permittee with any condition
of the permit
• Failure on the part of the permittee to disclose any
relevant information during the permit process or
misrepresentation of facts at any time
• The permitted activity endangers human health and
the environment and can only be regulated to
acceptable levels by permit termination.
A facility whose permit is terminated must implement its
closure plan as required under 40 CFR Part 264 Subpart G.
If wastes remain on site, post-closure monitoring must also
be done.
THE CORRECTIVE ACTION PROCESS
In HSWA, Congress expanded EPA's authorities to address
releases of hazardous waste through corrective action
beyond those contained in 40 CFR Part 264 Subpart F. The
new authorities allow. EPA to address releases to ground
water and all other environmental media at all solid waste
management units at TSDFs. Corrective action requirements
are imposed through a permit or an enforcement order. The
TSDF owner or operator is responsible for complying with
these requirements. Permits issued to RCRA facilities must,
at a minimum, contain schedules of compliance to address
releases and include provisions for financial assurance to
cover the cost of implementing the corrective measures.
EPA has estimated-that corrective action at RCRA facilities
could encompass about 2,000 TSDFs, take until the year
2025 to complete, and be as large and costly as the current
Superfund program.
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Scope
To better understand the scope of the corrective action
requirements, one must understand its key terms.
• Solid waste management units (SWMUs) are waste
management units from which hazardous wastes or
constituents may migrate, even if the unit was not
intended for the management of hazardous waste.
Additionally, any areas that become contaminated as
a result of routine and systematic releases of wastes
are SWMUs (e.g., spill areas).
Regulated units are a subset of all SWMUs. A
regulated unit is any surface impoundment, waste
pile, land treatment unit, or landfill that received
waste after July 26, 1982.
Hazardous constituents are any substances listed in
40 CFR Part 261 Appendix VIII.
The scope of the corrective action process for regulated units
at permitted facilities can vary somewhat from that required
at other solid waste management units at permitted or interim
status facilities. Releases to ground water from regulated
units are addressed under 40 CFR Part 264, Subpart F.
Sections 3004(u) and (v) of RCRA (codified in 40 CFR
264.101) require corrective action for releases of hazardous
wastes or constituents from any SWMU at a TSDF that is
seeking or subject to a RCRA permit. Section 3004 (v)
authorizes EPA to impose corrective action requirements for
releases that have migrated beyond the facility boundary.
Section 3008(h) authorizes EPA to require corrective action
or other necessary measures through an enforcement order,
whenever there is or has been a release of hazardous wastes
or constituents from an interim status RCRA facility.
EPA can require permitted facilities with releases from
regulated units to:
• Take corrective action only on those releases to the
uppermost aquifer (under 40 CFR Part 264 Subpart
F), or
• Clean up any other contaminated media (under
Sections 3004 (u) and (v)).
The decision is made by EPA on a case-by-case basis, taking
into account the nature and magnitude of the release.
CORRECTIVE ACTION COMPONENTS
The corrective action process has four main components.
Each component comprises a number of steps. The number
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of steps required and the complexity of corrective action
permit conditions or other enforcement actions may vary
depending on the extent and severity of releases of
hazardous wastes at a TSDF. The decision on which steps
to include is made on a facility-by-facility basis. EPA also
can require that facilities take interim corrective measures
whenever necessary to protect human health and the
environment.
RCRA Facility Assessment (RFA')
Release determinations for all environmental media from
SWMUs (i.e., soil, ground water, subsurface gas, air, or
surface water) will be made by the regulatory agency
primarily through the RCRA Facility Assessment (RFA)
process. The regulatory agency will perform the RFA for
each facility seeking a RCRA permit to determine if there are
continuing releases of concern. The major objectives of the
RFA are to:
• Identify SWMUs and collect existing
information on contaminant releases
Identify releases or suspected releases
needing further investigation.
The RFA begins with a preliminary but fairly comprehensive
review of pertinent existing information on the facility. If
necessary, the review is followed by a visual site inspection
to verify information obtained in the preliminary review and
to gather information needed to develop a sampling plan. A
sampling visit is subsequently performed, if necessary, to
obtain appropriate samples for making release
determinations.
The findings of the RFA will result in one or more of the
following actions:
• No further action under the RCRA corrective
action program is required at this time, since
no evidence of a release (s) or of a suspected
release (s) was identified
• An RFI by the facility owner or operator is
required where the information collected
indicates a release (s) or suspected release (s)
that warrants further investigation
• Interim connective measures.by the owner or operator
are required where the-regulatory agency believes
that expedited aqtion Should ,ber taken to protect
human, Health .or the environment
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• In cases where problems associated with permitted
releases are found, the regulatory agency will refer
such releases to the appropriate permitting
authorities.
RCRA Facility Investigation fRFD
If the regulatory agency determines that a RFI is necessary,
this investigation will be required of the owner or operator
either under a permit schedule of compliance or under an
enforcement order. The regulatory agency will apply the
appropriate regulatory authority and develop specific
conditions in permits or enforcement orders. These
conditions will generally be based on results of the RFA and
will identify specific units or releases needing further
investigation. Such permits or orders may be accompanied
by a supporting fact sheet. The RFI can range widely from a
small specific activity to a complex multimedia study. In any
case, through these conditions, the regulatory agency will
direct the owner or operator to investigate releases of
concern. The investigation may initially involve verification
of a suspected release. If confirmed, further characterization
of such releases will be necessary.
The RFI step also includes interpretation by the regulatory
agency of release characterization data against established
health and environmental criteria to determine whether a
Corrective Measures Study (CMS) is necessary. This
evaluation is crucial to the corrective action process. The
regulatory agency will ensure that data and information
collected during the RFI adequately describe the release, and
can be used to make decisions regarding the need for a CMS
with a high degree of confidence.
Identifying and implementing interim corrective measures
may also be conducted during the RFI. If, in the process of
conducting the investigation, a condition is identified that
indicates that adverse exposure to hazardous constituents is
presently occurring or is imminent, interim corrective
measures may be needed. Both the owner or operator and
the regulatory agency have a continuing responsibility to
identify and respond to emergency situations and to define
priority situations that warrant interim corrective measures.
Corrective Measure Study fCMSI
If the potential need for corrective measures is identified
during the RFI process, the owner or operator is then
responsible for performing a Corrective Measures Study
(CMS). During this step of the corrective action process, the
owner or operator will identify and recommend as
appropriate, specific corrective measures that will correct the
release.
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Information generated during the RFI will be used not only
to determine the potential need for corrective measures, but
also to aid in the selection and implementation of these
measures. While conducting the RFI, the owner or operator
is encouraged to collect data (e.g., engineering data such as
soil compaction properties or aquifer pumping tests), which
may be needed to select and implement corrective measures.
Corrective Measures Implementation (CMP
Corrective measures implementation includes designing,
constructing operating, maintaining, and monitoring selected
corrective measures. If the remedy is not properly
implemented, EPA will direct the facility to take additional
action on a site-specific basis.
HSWA requires that facilities demonstrate financial
assurance for corrective action prior to implementation. This
ensures that facilities have the necessary funds available to
carry out cleanup of the site. EPA has proposed regulations
to require financial assurance for corrective action. Under
the proposed rule, acceptable financial mechanisms include
trust funds, surety bonds, letters of credit, financial .tests,
and corporate guarantees. Until finalized, the proposed rule
is used as guidance to implement the statutory requirement
for financial assurance for corrective action.
THE ENVIRONMENTAL PRIORITIES
INITIATIVE
In overseeing the cleanup of hazardous waste sites, EPA is
faced with balancing a number of high priority activities.
For example, over 2,000 RCRA facilities are likely to
require corrective action, a similar number of sites must be
addressed under the Superfund program. To ensure that
those sites posing the greatest threat are addressed first, EPA
developed the Environmental Priorities Initiative (EPI).
The EPI is an integrated RCRA/Superfund screening
approach that is used to ensure that the most environmentally
significant facilities and sites are given priority for cleanup.
Under the EPI, all RCRA facilities and Superfund sites
receive a ranking of their environmental priority. The
ranking, already completed for the bulk of sites, is based on
the threat each site poses to human health and the
environment. The highest priority facilities will next receive
a site inspection. The inspection, combined with the earlier
ranking, will provide a basis for prioritizing sites. The
corrective action cleanup process will be used for active
RCRA facilities that are identified as high priority in lieu of
the Superfund remedial process, in order to conserve
Superfund resources and ensure that owner or operators pay
for the site remediation.
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Permits detail the administrative and technical performance
standards that TSDFs must adhere to, and thus are the key to
implementing Subtitle C regulations. Owners and operators
of existing or new facilities must (with a few exceptions)
obtain an operating permit. Each TSDF permit must include
provisions for corrective action to address releases from
solid waste management units if a release has been detected.
Special permit requirements pertain to permit-by-rule
facilities, and facilities demonstrating the efficacy of their
treatment technology (trial burns and land treatment
demonstrations).
The permitting process has five steps:
• Submitting a permit application
• Reviewing the permit application
• Preparing the draft permit
• Taking public comment
• Finalizing the permit
The final decision on the permit also may be reviewed by the
EPA Administrator and appealed to the local U.S. District
Court.
Permit administration procedures include permit
modification, revocation, reissuance or termination.
HSWA has gready expanded cleanup requirements at RCRA
facilities. Through a process called corrective action,
facilities must remedy releases threatening human health and
the environment. Corrective action has four main pans:
• RCRA facility assessment
RCRA facility investigation
• Corrective measure study
• Corrective measure implementation.
Although usually done through the permitting process,
corrective action may also be completed through an
enforcement order.
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CHAPTER 6
ENFORCEMENT
OVERVIEW
COMPLIANCE MONITORING
INSPECTIONS
TYPES OF INSPECTIONS
CONDUCTING THE INSPECTION
ENFORCEMENT ACTIONS
ADMINISTRATIVE ACTIONS
INFORMAL ACTIONS
ADMINISTRATIVE ORDERS
CIVIL ACTIONS
CRIMINAL ACTIONS
ENFORCEMENT AT FEDERAL FACILITIES
AGENCY FUNCTIONS
SUMMARY
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CHAPTER 6 - ENFORCEMENT
OVER VIEW
The effective implementation of RCRA's regulatory
programs rests on whether or not the people and companies
regulated under the Act comply with its various
requirements. The goals of the RCRA enforcement program
are to ensure that the regulatory and statutory provisions of
RCRA are met, and to compel necessary corrective action.
This requires close monitoring of hazardous waste handler
(generator, transporter and TSDF) activities and expeditious
legal action where non-compliance is detected. Facility
inspections by Federal/State officials are the primary tool for
monitoring compliance. When non-compliance is detected,
legal action may follow. This may include the use of
administrative orders, civil lawsuits, or criminal lawsuits
depending on the nature and severity of the problem. The
combination of effective monitoring and expeditious legal
action is intended to reduce the number of handlers not
operating in compliance with RCRA's requirements and to
deter potential violations by imposing penalties.
This chapter describes the two essential aspects of the
enforcement program: compliance monitoring' and
enforcement actions. All of the enforcement provisions
detailed in this chapter are statutory, not regulatory.
However, it is important to note that State requirements may
be more stringent than those mandated by the Federal
government, and State enforcement authorities and
procedures may differ from those of EPA.
COMPLIANCE MONITORING
The first phase of the enforcement program is monitoring
facilities to verify that they comply with RCRA's regulatory
requirements. This monitoring serves several purposes. It
allows EPA and authorized States to find out which facilities
are not in compliance. -It also allows EPA and the States to
assess the effectiveness of specific legal actions, such as
administrative orders, that may have been taken against a
handler. Also, the overall compliance monitoring program
allows EPA to evaluate the effectiveness of State programs
and to monitor nationwide compliance with RCRA. Finally,
monitoring acts as a deterrent, encouraging compliance with
the regulations by making non-compilers susceptible to
enforcement actions.
Inspections
The primary method of collecting compliance monitoring
-data is through an inspection. The inspection may include a
formal visit to the handler, a review of records, taking of
samples, or observation of operations. In addition to
ENFORCEMENT
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supplying information for enforcement proceedings,
inspections are used to gather data to assist EPA in the
development of RCRA regulations, and to help EPA track
program progress and accomplishments.
State or EPA officials conduct the inspections. In instances
where criminal activity is suspected, EPA's National
Enforcement Investigations Center may become involved.
Similarly, the DOT may participate where waste transporters
are involved. All of these agencies are authorized by RCRA
to use outside contractors for the actual inspection if they
desire.
The Act provides the authority for conducting inspections
under Section 3007. This section allows EPA, an authorized
State, or a representative of either of these to enter any
premises where hazardous waste is handled to examine
records and take samples of the wastes.
HSWA requires that all Federal or State operated facilities
must be inspected annually. Furthermore, all TSDFs must
be inspected at least once every two years. Facilities also
may be inspected at any time if EPA or the State has reason
to suspect that a violation has occurred. Finally, facilities are
chosen for an inspection when specific information is needed
to support the development of RCRA regulations.
Types of Inspections
A number of different types of inspections are conducted
under the authority of the RCRA program. Inspections may
be conducted by EPA, an authorized State, or both.
Typically, either the State or EPA has overall responsibility,
or the lead, for conducting the inspection.
• Compliance Evaluation Inspection (CEP - These are
routine inspections of hazardous waste generators,
transporters, and TSDFs to evaluate compliance with
the requirements of RCRA. CEIs encompass a file
review prior to the site visit, an on-site examination
of generation, treatment, storage or disposal areas, a
review of records, and an evaluation of the facility's
compliance with the requirements of RCRA.
• Case Development Inspection fCDD - CDIs are
conducted when significant RCRA violations are
known, suspected, or revealed. A case development
inspection is performed to gather data in support of a
specific enforcement action. Most of the activities
conducted during a CDI are specific to the type of
information required to document the violation (e.g.,
incinerator investigations, closure/post-closure
investigations).
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• Comprehensive Ground-Water Monitoring
Evaluations (CME1 - The CME is conducted to
ensure that ground-water monitoring systems are
designed and function properly at RCRA land
disposal facilities. In addition to the CEI activities,
CMEs include sampling and an analysis of the
facility's ground-water monitoring system and
hydrogeological conditions.
Compliance Sampling Inspection (CSD 1 These are
inspections in which samples are collected for
laboratory analysis. A sampling inspection may be
conducted with a CEI, or any inspection except a
CDI.
• Operations and Maintenance Inspection (O&MI -
Many land disposal facilities close with waste in
place. The purpose of O&M inspections is to ensure
that ground-water monitoring and other systems
continue to function properly after a land-disposal
facility has closed. O&M inspections are usually
conducted at facilities that have already received a
thorough evaluation of the ground-water monitoring
system under a CME inspection.
Laboratory Audits - These are inspections of
laboratories performing ground-water monitoring
analyses. Audits ensure that these laboratories are
using proper sample handling and analysis protocols.
Conducting the Inspection
Several steps are generally followed in RCRA inspections to
ensure consistency and thoroughness; these steps are
summarized below. For more detail on the inspection
process, the reader should refer to the RCRA Inspection
Manual (OSWER Directive 9938.2A).
The inspector prepares for the inspection by:
• Reviewing handler records
• Preparing an inspection plan
• Developing a checklist, and.
• Packing appropriate safety equipment.
The second step is the actual entry onto the handler's
property. The inspector identifies himself or herself and
describes the nature of the inspection. In some
circumstances, a warrant may be needed, to gain entry to the
facility
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1
After the inspector has entered the property, he or she
generally holds an opening conference with the owner or
operator to discuss the nature of the inspection and to
describe the information and samples to be gathered.
Following the opening conference, the actual inspection
takes place. The actual inspection involves:
• Checking hazardous waste generation, storage,
treatment or disposal areas
• Assuring that hazardous waste is stored properly
(e.g., no spills, leaks or improper disposal), and
• Reviewing records.
Finally, the inspector holds a closing conference with the
owner or operator to allow him or her to respond to
questions about the inspection and provide additional
information. The inspector usually summarizes his or her
findings and explains any further action required by the
handler.
After the visit is completed, the inspector prepares a report.
The report summarizes the records reviewed, any sampling
results, and the handler's compliance status with respect to
RCRA. Summary conclusions regarding inspections are
tracked in some detail in the Hazardous Waste Data
Management System (HWDMS) maintained by EPA.
The most important result of any inspection is the
determination of whether the handler is in compliance with
the regulations. If the handler is not complying with all of
the appropriate State or Federal requirements, enforcement
action may be taken, as discussed below.
The inspector may also obtain compliance information
through examination of the reports that handlers are required
to submit.- Reports may contain information about the
wastes being handled, the method of handling, and the
ultimate disposition of wastes. Reports are submitted as
required in a permit or enforcement order (e.g., corrective
action schedules of compliance) and by regulation (e.g.,
biennial report).
ENFORCEMENT ACTIONS
The second phase of the compliance monitoring and
enforcement program involves taking enforcement actions to
bring handlers into compliance with applicable Subtitle C
regulations. The goal of enforcement actions is to compel:
Proper handling of hazardous waste
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Enforcement Options
Available Under RCRA:
Administrative actions
• Civil actions
Criminal actions.
Compliance with RCRA's recordkeeping and
reporting requirements
• Monitoring and corrective action in response to
releases of hazardous and non-hazardous waste, and
hazardous constituents.
EPA (or an authorized State) has a broad range of
enforcement options including:
~ Administrative actions
Civil actions
• Criminal actions.
A decision to pursue one of these options is based on the
nature and severity of the problem. Violations of RCRA
requirements are grouped into classes. These violations and
appropriate enforcement responses are discussed in the
Enforcement Response Policy, OSWER Directive Number
9900.0-1A.
Administrative Actions
An administrative action is non-judicial enforcement action
taken by EPA or a State under its own authority.
Administrative enforcement actions can take several forms
ranging from informal notices of non-compliance to issuance
of an administrative order accompanied by a formal public
hearing. These actions tend to be less complicated than a
lawsuit and can often be quite effective in forcing a handler
to comply with regulations or to remedy a potential threat to
health or the environment. Two types of administrative
actions, informal actions and administrative orders, provide
for enforcement response outside the court system.
Informal Actions
An informal administrative action is any communication
from an agency that notifies the handler of a problem. It can
take many forms, e.g., a letter or a phone call. An informal
letter to the handler may be called a "notice of violation"
(NOV) or "notice of deficiency" (NOD). For this type of
action, EPA or the State notifies a handler that he or she is
not in compliance with some provision of the regulations.
This type of action is particularly appropriate where the
violation is minor, such as a record maintenance
requirement. If the owner or operator does not take steps to
comply within a certain time period, a warning letter will be
sent, setting out specific actions to be taken to move the
handler into compliance. The warning letter also sets out the
enforcement actions that >vill follow if the handler fails to
take the required steps. A notice ofdeficiency is commonly
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WlGst*-
issued during the permitting process to identify missing or
deficient items in the facility's application for a RCRA
permit.
Administrative Orders
When a more severe violation is detected, or the owner or
operator does not respond to an informal action, the agency
can issue an administrative order. An administrative order,
issued directly under the authority of RCRA, imposes
enforceable legal duties. Orders can be used to force a
facility to comply with specific regulations, to take corrective
action, to perform monitoring, testing, and analysis, or to
address a threat of harm to human health and the
environment. An administrative order can be issued
unilaterally by EPA or an authorized State or it can be issued
as a consent order, which documents an agreement between
the issuer and the violator. Four types of orders can be
issued under P*S'RA:
Compliance Orders - Section 3008(a) of RCRA
allows EPA to issue an order requiring any person
who is not complying with a requirement of RCRA
to take steps to come into compliance. A compliance
order may require immediate compliance or may set
out a timetable to be followed in moving toward
compliance. The order can contain a penalty of up to
$25,000 per day for each day of non-compliance and
can suspend or revoke the facility's permit or interim
status. When EPA issues a compliance order, the
person to whom the order is issued can request a
hearing on any factual provisions of the order. If no
hearing is requested, the order will become final 30
days after it is issued.
Corrective Action Orders - Section 3008(h) allows
EPA to issue of an order requiring corrective action
at an interim status facility when there is evidence of
a release of a hazardous waste or constituent into the
environment. These orders can be issued to require
corrective action activities ranging from
investigations to repairing liners or pumping to treat a
plume of contamination. Corrective action can be
required regardless of when waste was placed at the
facility. Thus, past problems at RCRA facilities may
be cleaned up using this mechanism. In addition to
requiring corrective action, these orders can suspend
interim status and impose penalties of up to $25,000
for each day of non-compliance with the order.
Section 3013 Orders - If EPA finds that a substantial
hazard to human health and the environment exists,
it can issue an administrative order under Section
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Civil Actions Filed Under
RCRA:
Compliance action
• Corrective action
Monitoring and analysis
• Imminent hazard.
3013. A 3013 order is used to evaluate the nature
and extent of the problem through monitoring,
analysis, and testing. These orders can be issued
either to the current owner of the facility or to a past
owner or operator if the facility is not currently in
operation, or if the present owner could not be
expected to have actual knowledge of the potential
release.
• Section 7003 Orders - In any situation where an
"imminent and substantial endangerment to health or
the environment" is caused by the handling of non-
hazardous or hazardous wastes, EPA can order any
person contributing to the problem to take steps to
clean it up. This order can be used against any
contributing party including past or present
generators, transporters, or owners or operators of
the site. Violation of a Section 7003 order can result
in penalties of up to $5,000 per day.
Civil Actions
In addition to formal and informal actions, EPA can initiate
civil actions. A civil action is defined as a formal lawsuit,
filed in court, against a person who has either failed to
comply with some statutory or regulatory requirement or
administrative order or has contributed to a release of
hazardous wastes or constituents. Civil actions are generally
employed in situations that present repeated or significant
violations or where there are serious environmental
concerns. Attorneys from the Department of Justice (DOJ)
handle RCRA civil cases for EPA, while the State Attorneys
General assume this role in the States.
Civil actions are useful in several situations, such as when
the person being sued has not complied with a previously
issued administrative order. In this case, the courts may
impose penalties in order to force the handler to comply
Where a long-term solution to a problem is desired, a civil
action may be helpful to ensure proper supervision of the
handler's actions. Civil actions may be used, to stop conduct
that is too dangerous to risk,non-compliance with an
administrative order, and they also may set a stronger
example to other facility operators in order to deter their non-
compliance.
RCRA provides authority for filing four different types of
civil actions.
Compliance Action - Under Section 3008(a) the
Federal Government can file suit to force a person to
comply with any applicable RCRA regulations. In
Federal .actions the court can also impose a penalty of
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up to $25,000 per day per violation for non-
compliance.
• Corrective Action - In a situation where there has
been a release of hazardous waste from a facility, the
Federal Government can sue to have the court order
the facility to correct the problem and take any
necessary response measures under Section 3008(h).
The court can also suspend or revoke a facility's
interim status as a part of its order.
• Monitoring and Analysis - If EPA has issued a
monitoring and analysis order under Section 3013 of
RCRA and the person to whom the order was issued
fails to comply, the Federal Government can sue to
get a court to require compliance with the order. In
this type of case, the court can assess a penalty of up
to $5,000 for each day of non-compliance with the
order.
• Imminent Hazard - As with a Section 7003
administrative order, when any person contributed or
is contributing to an imminent hazard to human
health and the environment, the Federal Government
can sue the person to require action to remove the
hazard or remedy any problem. If.the agency had
first issued an administrative order, the court can also
impose a penalty of up to $5,000 for each day of
non-compliance with the order.
Frequently, several of the civil action authorities will be used
together in the same lawsuit. This is particularly likely to
happen where a handler has been issued an administrative
order for violating a regulatory requirement, has ignored that
order, and is in continued non-compliance. In this
circumstance, a lawsuit can be filed that seeks penalties for
violating the original requirement, penalties for violating the
order, and a judge's order requiring future compliance with
the requirement and the administrative order.
Criminal Actions
A criminal action initiated by the Federal Government or a
State can result in the imposition of fines or imprisonment.
Seven acts identified in Section 3008 of RCRA are subject to
criminal action and carry criminal penalties. The penalties
range from a fine of $50,000 per day or a prison sentence of
up to five years, to a total fine of $1,000,000. Criminal
actions are usually reserved for only the most serious
violations.
Six of the seven criminal acts carry a penalty of up to
$50,000 per day,or from two,to five years in jail. Stated
briefly, these acts are knowingly:
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• Transporting waste to a non-permitted facility
• Treating, storing, or disposing of waste without a
permit or in violation of a material condition of a
permit or interim status standard
• Omitting important information from, or making a
false statement in a label, manifest, report, permit, or
compliance document
Generating, storing, treating, or disposing of waste
without complying with RCRA's recordkeeping and
reporting requirements
• Transporting waste without a manifest
• Export.g a waste without the consent of the
receiving country.
The seventh criminal act is the knowing transportation,
treatment, storage, disposal, or export of any hazardous
waste in such a way that another person is placed in
imminent danger of death or serious bodily injury. This act
carries a possible penalty of up to $250,000 or 15 years in
prison for an individual or a $1,000,000 fine for a
corporation.
ENFORCEMENT AT FEDERAL FACILITIES
In most instances, Federal facilities are required to comply
with environmental statutes to the same extent as non-
Federal facilities. However, enforcing compliance under
RCRA is different at Federal facilities. EPA may only issue
Section 3008(h) corrective action orders at Federal facilities;
no other orders may be used. States, however, may utilize
the full range of their enforcement authorities at Federal
facilities.
When a Federal facility is out of compliance with the RCRA
regulations, EPA issues a notice of noncompliance, outlining
violations at the facility and continuing a compliance
schedule, and a timetable for regaining compliance with
RCRA. After the notice of noncompliance has been issued,
EPA and the Federal facility will negotiate an agreement
outlining the steps to bring the facility back into compliance.
In cases where corrective action is required at a Federal
facility, EPA may issue either a Section 3008(h) corrective
action order or a permit schedule of compliance to achieve
compliance with the corrective action requirements. As with
non-Federal facilities, the choice of using an order or a
permit to secure coiTective action at facilities seeking permits
is made on a case-by-case basis.
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Waste management activities at Federal facilities will often be
managed by a private contractor. In this case, EPA has full
authority to take enforcement activities against the contractor
for violations of RCRA.
AQ^NCY FUNCTIONS
Responsibility for the various actions that make up the
RCRA enforcement program is divided among different
Headquarters offices, the EPA Regions, and State agencies.
Headquarters is responsible for setting nationwide policy,
monitoring Regional and State activities, and providing
technical support. The Regions take the primary
responsibility for performing inspections, issuing
administrative orders, preparing civil actions, monitoring
compliance with administrative and judicial orders, and
providing support to DOJ for ongoing lawsuits. As with
many other aspects of the RCRA program, responsibility for
enforcement is largely decentralized. Authorized States take
primary responsibility for enforcement. EPA, however,
retains its authority to take enforcement actions in authorized
States if the State fails to do so, does not obtain acceptable
results, or requests EPA assistance.
SUMMARY
There are two essential elements to RCRA's enforcement
program - compliance monitoring and enforcement actions.
Compliance monitoring is used to determine a handler's level
of compliance with RCRA's regulatory requirements. The
two primary methods of collecting compliance monitoring
data are:
• Inspections by State or EPA officials
Examinations of the reports that each handler is
required to submit.
Inspections must be conducted:
• Annually at all Federal- or State-operated facilities
• At least once every two years at each TSDF.
The six types of inspections conducted under the RCRA
program are:
• Compliance Evaluation Inspection (CEI)
Case Development Inspection (CDI)
• Comprehensive Ground-Water Monitoring
Evaluation (CME)
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• Compliance Sampling Inspection (CSI)
• Operations and Maintenance Inspections (O & M)
• Laboratory Audits.
Either EPA or an authorized State may lead the inspection.
A primary goal of enforcement actions is to bring facilities
into compliance and keep them there. Enforcement actions
may be taken when a facility is found to be:
Out of compliance with applicable Subtitle C
regulations
• Releasing non-hazardous or hazardous solid waste,
or hazardous constituents.
Enforcement of RCRA is different at Federal facilities. EPA
negotiates compliance agreements with Federal facilities.
Authorized States, however, may issue administrative orders
or take other enforcement actions.
The enforcement options available under RCRA are:
• Administrative actions
Informal actions
Administrative Orders under section 3008(a),
Section 3008(h), Section 3013, and Section
7003
• Civil actions
Compliance action
Corrective action
Monitoring and analysis
Imminent hazard
• Criminal actions.
The responsibility for the various enforcement actions is
divided among different Headquarters offices, EPA
Regions, and authorized State agencies.
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CHAPTER 7
STATE AUTHORIZATION
OVERVIEW
DEVELOPING A STATE HAZARDOUS WASTE PROGRAM
PROGRAM DESCRIPTION
ATTORNEY GENERAL'S STATEMENT
MEMORANDUM OF AGREEMENT
REVIEW OF THE PROPOSED STATE PROGRAM
REVISING APPROVED STATE PROGRAMS
WITHDRAWING APPROVAL OF STATE PROGRAMS
TRANSFERRING PROGRAM RESPONSIBILITY BACK TO EPA
GRANTS AND OVERSIGHT
PRIORITY SETTING
STATE GRANTS
STATE OVERSIGHT
INFORMATION MANAGEMENT
HWDMS
SPMS
BIENNIAL REPORT
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CHAPTER 7 - STATE AUTHORIZATION
OVERVIEW
Congress intended that States assume responsibility for
implementing RCRA, with oversight from the Federal
government. The rationale was that States are more familiar
with the regulated community and are in a better position to
administer the programs and respond to specific State and
local needs most effectively.
The process that States must go through to obtain the
responsibility for the Subtitle C program involves
developing a State hazardous waste program and having it
approved by EPA. This "authorization" process is described
below.
DEVELOPING A STATE HAZARDOUS WASTE
PROGRAM
Under RCRA, as enacted in 1976, States had two options
for assuming the responsibility to administer the Subtitle C
program: interim or final authorization. Interim
authorization is a temporary mechanism that is intended to
promote continued State participation in hazardous waste
management while encouraging States to develop programs
that are fully equivalent to the Federal program so that they
will qualify for final authorization. A State may receive
interim authorization if it is "substantially" equivalent to the
Federal program. Under RCRA, interim authorization
expired on January 31, 1986. HSWA introduced a new
interim authorization period for any requirement promulgated
pursuant to HSWA authority. HSWA interim authorization
expires January 1,1993.
For a State to receive final authorization it must be "fully"
equivalent to, no less stringent than, and consistent with the
Federal program. However, States may impose requirements
that are "more stringent" or "broader in scope" than the
Federal requirements. In addition, the State's program must
provide adequate enforcement authority to carry out its
provisions, provide for public notice and hearing in the
permitting process and provide for public availability of
information in "substantially the same manner and to the
same degree" as the Federal program.
Any State that seeks final authorization for its hazardous
waste program must submit (in accordance with 40 CFR
271.5) an application to the Administrator containing the
following elements:
• A letter.from the Governor requesting program
approval
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Copies of all applicable State statutes and
regulations, including those governing State
administrative procedures
• Documentation of public participation activities (e.g.,
notice and opportunity for comment on the State
program prior to submittal of the application to EPA)
• A description of the State hazardous waste program
• An Attorney General's statement
• A Memorandum of Agreement.
The first three elements listed above are self-explanatory;
only the last three are described below.
Program D^cription
As the name implies, the program description describes how
the State intends to administer the hazardous waste program
in place of the Federal program. It includes in narrative form
the following descriptions:
• Scope, structure, coverage, and processes of the
State program
• State agency or agencies responsible for running the
program
State-level staff who will carry out the program
• State's compliance tracking and enforcement
program
State's manifest system
• Applicable State procedures, including permitting
procedures and any State administrative or judicial
review procedures
• Any forms used to administer the program under
State law.
In addition, the program description must include estimates
of:
• Costs involved in running the program and an
itemization of the sources and amounts of funding
available to support the program's operation
• The number of generators, transporters, and on-site
and off-site-disposal facilities (along, with a brief
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description of the types of facilities and an indication
of the permit status of these facilities)
• The annual quantities of hazardous wastes generated
within the State, transported into and out of the State,
and stored, treated, or disposed of within the State (if
available).
If the State chooses to develop a program that is more
stringent and/or broader in scope than the one required by
Federal law, the program description should address those
parts of the program that go above and beyond what is
required under Subtitle C. For a more detailed discussion of
the program description requirements, see 40 CFR 271.6.
Attorney General's Statement
The Attorney General's statement identifies the legal
authorities - statutes, regulations, and where appropriate
and necessary, case law ~ upon which the State is relying to
demonstrate equivalence with the Federal program. The
statement is also used to explain the State's authorities
particularly if, on their face, they are different from the
Federal requirements. The statement must be signed by the
Attorney General or an authorized designate. State statutes
and regulations cited in the Attorney General's statement
must be fully effective at the time the program is authorized.
For further information on the Attorney General's statement,
see 40 CFR 271.7.
Memorandum of Agreement
Although a State with an authorized program assumes
primary responsibility for administering Subtitle C, EPA still
retains enforcement authority and oversight responsibilities.
The Memorandum of Agreement (MOA) between the State
Director and the Regional Administrator outlines the nature
of these responsibilities and oversight powers, and the level
of coordination between the State and the EPA in
implementing the program. No two MOAs are exactly alike
since they contain State-specific agreements. However,
several provisions are required by rule and are common to all
MOAs. These include provisions for:
• Specifying the frequency and content of reports that
the State must submit to EPA
• Coordinating compliance monitoring and
enforcement activities between the State and EPA
• Conducting EPA overview of program
administration and enforcement
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For a State Program to Receive
EPA Appproval it Must
Satisfy the Following Conditions:
• Equivalency/Stringency
Consistency
Enforceability
Notice and hearing in the
permit process.
• Joint processing of permits for those facilities that
require a permit from both the State and EPA
• Specifying the types of permit applications that will
be sent to the Regional Administrator for review and
comment
• Transferring permitting responsibilities upon
authorization.
For a complete listing of what must be included in the MO A,
see 40 CFR 271.8.
REVIEW OF THE PROPOSED STATE PROGRAM
Before submitting an application to EPA for approval, a
State must inform the public of its intent to seek program
approval by issuing a public notice. The notice must be
widely distributed, with ample opportunity for the public to
review the application's contents. A public hearing may be
held if sufficient interest is expressed.
Once the State has submitted a complete application to EPA,
the Regional Administrator determines whether or not the
State's program should be authorized. In making this
determination, the Regional Administrator adheres to the
following schedule:
• Tentative Determination - Within 90 days from the
receipt of the complete application the Regional
Administrator must tentatively approve or disapprove
the State's application. The tentative determination is
published in the Federal Register.
• Public Input - The public is given 30 days to
comment on the State's application and the Regional
Administrator's tentative determination. If sufficient
interest is expressed, a public hearing is held within
this time period.
• Final Determination - Within 90 days of the notice of
the tentative determination in the Federal Register.
the Regional Administrator decides whether or not to
approve the State's program, taking into account any
comments submitted. This final determination is then
published in the Federal Register.
REVISING APPROVED STATE PROGRAMS
As Federal and State statutory or regulatory authority is
modified or supplemented, so too must the State program be
revised. If the State initiates a statutory or regulatory change
that affects Its approved hazardous waste program, it
submits a copy of the amended statute or rule, a modified
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program description, revised MOA, Attorney General's
statement, and any other pertinent documents to EPA. In
reviewing the State's proposed modifications, EPA applies
the same standards used in reviewing the State's initial
program application. The revisions become effective upon
EPA approval and notice in the Federal Register.
States must revise their programs to incorporate changes in
the Federal program within certain time frames. For Federal
program changes promulgated pursuant to RCRA, States
must modify their programs by July 1 each year to reflect all
changes to the Federal program occurring during the 12
months preceding the previous July 1. (These annual
periods are referred to as "clusters"; for example, States
must modify their programs by July 1, 1990 to reflect all
changes from July 1,1988 to June 30,1989.) The deadlines
for prog^m modifications may also be extended if a
statutory change is needed (one year) or if a State's
legislative or rulemaking procedures preclude it from
meeting the cluster timeframes. For Federal program
changes promulgated pursuant to HSWA, these "cluster"
periods are extended. For a more complete description of
the "cluster" concept, refer to 40 CFR 271. 21.
It is important to note that rules promulgated pursuant to
RCRA take effect only in non-authorized States. An
authorized State must modify its program, submit an
application, and obtain approval from EPA before a RCRA
rule may be implemented. Conversely, rules promulgated
pursuant to HSWA are effective in both authorized and non-
authorized States. EPA implements and enforces HSWA
rules until States modify their programs, submit
applications, and receive approval.
Withdrawing Approval of State Programs
Approved State programs are continually subject to review.
If the Administrator determines that a State's authorized
program no longer complies with the appropriate regulatory
requirements, authorization may be withdrawn if the State
fails to take corrective action. Such circumstances include a
failure to:
• Issue permits that conform to the regulatory
requirements
Inspect and monitor activities subject to regulation
• Take appropriate enforcement action.
• Comply with the terms of the MOA.
If program,, approval is, withdrawn, responsibility for
administering ,S ubtitle C reverts to the Federal government.
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For a detailed explanation of the withdrawal process, refer to
40 CFR 271. 23.
Transferring Program Responsibility Back to EPA
In some cases, e.g., for financial reasons, States with
approved programs may voluntarily transfer the program
back to EPA. To do this, the State must give the
Administrator 180 days' notice and submit a plan for the
orderly transfer of all relevant program information
necessary for EPA to administer the program, e.g., permits,
permit files.
GRANTS AND OVERSIGHT
States are the primary implementers of RCRA and may
receive Federal financial assistance under RCRA Section
3011 to develop and implement their hazardous waste
programs. Grant awards are made annually to States. States
and Regions negotiate the specific work to be accomplished
with these grant funds. EPA conducts oversight of State
programs to ensure that the program as implemented
adequately protects human health and the environment.
Priority setting. State grants and State oversight activities are
described briefly in the following discussion.
Priority Setting
EPA outlines its goals and priority program activities in the
annual Agency Operating Guidance. This document
identifies the national direction and priorities for
implementing each EPA program, including the RCRA
Subtitles C and D programs. The RCRA priorities in the
Operating Guidance form the basis for Regional and State
workload negotiations for the upcoming year.
Although EPA encourages implementation in accordance
with national priorities, the Agency created the "RIP (RCRA
Implementation Plan) flexibility" concept to acknowledge
that Regions and States may have unique environmental
problems. "RIP flex" allows Regions and States to
substitute activities necessary to address environmentally
significant problems for national priorities. "RIP flex"
requires EPA Headquarters' approval.
State Grants
In addition to identifying priority RCRA activities, the
Operating Guidance also includes the formula used to
determine RCRA grant allotments. Both authorized and
nonauthorized States are eligible to participate in the RCRA
grant program. States that receive RCRA grant funds must
provide a 25% match. Each EPA Regional Office receives
an allotment based upon factors contained in the grant
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allocation formula. This grant formula is based upon,
among other things, population and the hazardous waste
generated in the Region. States submit proposed work plans
that outline planned activities in the upcoming year,
including permitting, enforcement, and program
management. Regions then negotiate with each State in the
spring and summer, the State grant award is made each
October.
Stats Oversight
Ongoing oversight of the entire State hazardous waste
program is an important role of the Regional staff, with
Headquarters' assistance. The purpose of oversight is to:
• Promote national consistency in RCRA
implementation
• Encourage coordination and agreement between EPA
and States on technical and management issues
• Ensure proper enforcement by the State
• Ensure appropriate expenditure of Federal grant
funds
Regions use several RCRA guidance documents to conduct
oversight activities, to ensure compliance with statutory and
regulatory requirements, and to implement the EPA/State
division of responsibility. For example, the National
Criteria for a Quality Hazardous Waste Management
Program (OSWER Directive 9545.00-1) contains standards
and requirements for planning and overseeing an adequate
RCRA program. EPA also uses the RCRA Evaluation
Guide to assess State progress and identify areas where
States require assistance. EPA guidance stipulates that
States should receive an annual mid- and end-of-year review
of the RCRA Subtitie C program.
INFORMATION MANAGEMENT
Implementers -- EPA and the States - of the RCRA program
are subject to extensive reporting requirements; various
reporting requirements apply to the regulated community as
well. The objectives of RCRA reporting requirements are to:
Ensure that the program is adequately managed at the
Headquarters, Regional, and State levels, and
• Provide accurate, up-to-date information to Congress
and the public.
EPA-maintains RCRA program information in its national
data base, the Hazardous Waste Data Management System
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(HWDMS). States are. held accountable for performing
negotiated work and providing detailed information in a
series of reports to indicate progress. The Agency tracks
accomplishments through HWDMS reports as well as
through the Strategic Planning and Management System
(SPMS), its accountability system. Examples of types of
information tracked include permits issued/denied and
inspection and violation data.
HWDMS
The RCRA program uses a national data base, HWDMS, to
track RCRA Subtitle C facility-specific data as well as
accomplishments. This data base contains a range of
information on permitting and compliance monitoring
activities for all generators, transporters, and TSDFs.
HWDMS is maintained by Regions and States who submit
monthly updates to the data base. A new data base, the
RCRA Information System (RCRIS), has been developed
and is being piloted among the Regions and States. RCRIS
will be phased in to eventually replace HWDMS.
SPMS
The Strategic Planning and Management System (SPMS) is
an EPA accountability system that facilitates integrated
planning, tracking, and reporting of major activities within
each of EPA's programs. Each year, EPA establishes
measures to track progress of high priority activities. The
Operating Guidance and SPMS measures are developed
concurrently and finalized by March 1 of each year. Once
SPMS measures are established, Regions and States
negotiate appropriate targets for many of these actions.
Progress is monitored on a quarterly basis and RCRA SPMS
data are stored in HWDMS.
Biennial Report
As discussed earlier in this section, RCRA Sections 3002
and 3005 establish requirements for generators and TSDFs
to submit detailed activity reports. These reports must be
submitted to EPA on March 1 of each even-numbered year
for the previous year's hazardous waste activity. Many
States require that this reporting be done annually. States
compile these reports and submit information to EPA
Regions by September of the even-numbered year. This
data, known as the Biennial Report is entered directly into
the Biennial Report Data System (BIRDS) which provides
information on the status of the RCRA program.
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SUMMARY
Congress intended that States assume responsibility for
implementing RCRA, with oversight from the Federal
government. Any State that seeks final authorization for its
hazardous waste program must submit an application, in
accordance with 40 CFR 271.5, to the Administrator
containing the following elements:
• A letter from the Governor requesting program
approval
Copies of all applicable State statutes and regulations
• Documentation of public participation activities
• A program description
• An Attorney General's statement
• A Memorandum of Agreement.
Before approving an application, EPA must be satisfied that
the State program
• Is equivalent to, no less stringent than, and
consistent with the Federal program (State
requirements may be more stringent or broader in
scope)
• Provides adequate enforcement authority
Provides for public notice and hearing prior to the
issuance of a permit, and
• Provides for public availability of information in
substantially the same manner and to the same degree
as the Federal program.
Approved State programs are subject to:
• Revision
• Withdrawal of approval
• Transfer of program responsibilities back to EPA.
States are the primary implementers of RCRA and may
receive annual grants from EPA under RCRA Section 3011.
States negotiate annual work plans with EPA Regions and
their progress is monitored primarily by Regional staff, with
Headquarters' assistance.
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Implementers of RCRA — EPA and the States -- are subject
to extensive reporting requirements; various reporting
requirements apply to the regulated community as well.
These requirements include quarterly Strategic Planning and
Management System (SPMS) reporting and biennial reports.
Most RCRA program data is tracked in the EPA national data
base, HWDMS; the new RCRIS data base will be phased in
to eventually replace HWDMS.
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SECTION IV
STIRTTTT F T OF RfTJ A .
MANAGING UNDERGROUND STORAGE TANKS
OVERVIEW
SCOPE OF THE UNDERGROUND STORAGE TANK PROBLEM
MAJOR CAUSES OF TANK FAILURE
THE UNDERGROUND STORAGE TANK REGULATORY PROGRAM
PROGRAM SCOPE
UNDERGROUND STORAGE TANK DESIGN, CONSTRUCTION,
INSTALLATION, AND NOTIFICATION
GENERAL OPERATING REQUIREMENTS
RELEASE DETECTION
RELEASE REPORTING, INVESTIGATION, AND CONFIRMATION
CORRECTIVE ACTION REQUIREMENTS
UNDERGROUND STORAGE TANK CLOSURE
FINANCIAL ASSURANCE
STATE UNDERGROUND STORAGE TANK PROGRAMS
INSPECTIONS AND ENFORCEMENT
LEAKING UNDERGROUND STORAGE TANK TRUST FUND
SUMMARY
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SECTION IV
SUBTITLE I OF RCRA -
MANAGING UNDERGROUND STORAGE TANKS
OVERVIEW
Congress enacted Subtitle I to control and prevent leaks from
underground storage tanks (USTs). The UST program
breaks new ground in that, for the first time, the RCRA
program applies to products as well as wastes. Specifically,
Subtitle I regulates underground tanks storing regulated
substances, including petroleum products (e.g., gasoline arid
crude oil), and Superfund-defined hazardous substances.
Tanks storing hazardous wastes, however, are regulated
under Subtitle C (see Section in, Chapter 4).
Subtitle I of HSWA directs EPA to develop performance
standards for new tanks that include: design, construction,
installation, release detection, and compatibility standards for
new tanks and requirements applicable to all tank owners
and operators concerning leak detection, record keeping,
reporting, corrective action, and closure. Under authority
granted by RCRA Section 9004, EPA established
requirements that a State UST program must meet in order
for EPA to approve the program. The performance
standards, associated regulations, and the State program
approval regulations were promulgated September 23, 1988,
and became effective December 22, 1988. The financial
assurance regulations were promulgated on October 26,
1988, and will be phased in over a two-year period.
The Superfund Amendments and Reauthorization Act of
1986 (SARA) also added Section 9003(h), which gives EPA
(and States under cooperative agreements with EPA)
authority to clean up releases from UST systems or require
their owners and operators to do so. It also establishes a
trust fund to finance some of these activities.
This section describes the UST program regulatory
requirements, State program approval procedures,
inspections and enforcement, and the Leaking-Underground
Storage Tank Trust Fund.
SCOPE OF THE UNDERGROUND STORAGE TANK
PROBLEM
There are currendy 1.4 million tanks regulated under Subtitie
I of RCRA. The vast majority of these tanks are used to
store petroleum products for retail and industrial purposes.
Less than five percent store hazardous substances. Of the
1.4 million tanks under regulation, 80 percent are believed to
be made of .bare steel; .which .can quickly^corrode, allowing
contaminants to,seep.iinto>the*ground, posing a significant
threat4o the environment-. >If,for example; only-110 percent of
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Whv Tanks Leak
Corrosion
• Faulty installation
• Piping failure
Overfills
the USTs at the nation's service stations leaked, or were to
leak, releases could occur at over 17,000 sites nationwide.
Consequently, leaking underground storage tanks pose a
potentially widespread threat to our nation's ground water.
EPA estimates that the UST corrective action program alone
could cost $60 billion over 30 years, placing it on a par with
the cosdy Superfund program.
Maior Causes of Tank Failure
USTs generally release contaminants into the environment in
four ways: corrosion, faulty installation, piping failure, and
overfills. Galvanic corrosion, or the breakdown of hard
refined steel to the natural soft ore, is the most common
cause of release from bare steel UST systems. Because the
majority of older UST systems are bare steel, corrosion is
believed to be the leading cause of releases. The speed and
severity of corrosion varies depending on a number of site-
specific factors (e.g., soil conductivity) that are almost
always present when bare steel is placed underground. Most
commonly, part of a tank becomes negatively charged with
respect to the surrounding area and acts as a battery. The
negatively charged part of the UST starts to corrode at a rate
proportional to the intensity of the current.
Installation failure encompasses a wide variety of problems,
from faulty tank system installation to accidents when
vehicles collide with gas pumps. Piping failures can often
be a major source of leaks. One EPA study found that
piping failure accounted for a substantial portion of the larger
spills at USTs. Finally, spills and overfills, usually caused
by human error, contribute to tank leakage. Repeated spills
also can increase the corrosive nature of soils.
THE UNDERGROUND STORAGE TANK REGULATORY
PROGRAM
On September 23, 1988, EPA issued the final technical
performance standards and associated regulations for USTs.
In a separate rulemaking procedure, EPA issued final
regulations for financial responsibility for petroleum product
USTs on October 26, 1988. The technical standards for
USTs encompass seven major components, including:
• Program Scope and Interim Prohibition
• Design, Construction, Installation, and Notification
Requirements
General Operating Requirements
• Release Detection
• Release Reporting, Investigation, and Confirmation
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The UST Regulated Community
676,000 Retail Motor Fuels
54,000
Chemical Storage
651,000 Petroleum Storage
• Corrective Action Requirements
• Out-of-Service UST Systems and Closure.
Program Scope
An underground storage tank is defined as any tank with at
least ten percent of its volume buried below ground,
including any pipes attached to the tank. Thus, above
ground tanks with extensive piping may be regulated under
Subtide I. Unless exempted, any owner or operator who
stores petroleum products or a substance defined as
hazardous under Superfund (exclusive of Subtitle C
hazardous wastes) in a UST, must meet EPA's regulatory
requirements (or the requirement of a State with an approved
program).
Congress included only about one-third of UST systems in
the Subtitle I program, because most USTs are already
regulated under other laws or do not threaten human health
and the environment. Types of tanks to which the UST
program does not apply include:
• Farm and residential tanks holding 1,100 gallons or
less of motor fuel used for noncommercial purposes
• Tanks storing heating oil used on the premises where
it is stored
• Tanks on or above the floor of underground areas,
such as basements or tunnels
• Septic tanks and systems for collecting wastewater
and storm.water
• Flow-through process tanks
Emergency spill and overfill tanks.
For other underground tanks, such as field-constructed
tanks, EPA has not yet collected enough data to justify
regulation. For a complete listing of tanks excluded from the
regulations, refer to 40 CFR Part 280!
Underground Storage Tank Design. Construction-
Installation. and Notification
To facilitate industry implementation, EPA has established
standards based on existing codes, of practice developed by
nationally recognized associations or independent testing
laboratories. The regulations specify national standards for
tank and piping systems and tightness tests. In lieu of the
standards specified in the regulations, new tank and piping
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systems may be constructed using alternative standards as
long as they are equally protective of human health and the
environment.
New tank systems, piping, and cathodic protection systems
must be designed and installed carefully and in accordance
with industry codes. Tank system installation requirements
are mostly common sense, including securing the tank,
obtaining clean backfill, and ensuring that the substances to
be stored are compatible with the tank system. Tanks must
be properly installed following manufacturers specifications,
and certified when installation is satisfactorily completed.
They must also be fitted with equipment to prevent spills and
overfills, a common cause of tank leakage.
Existing USTs must comply with all requirements for new
tanks by December 22, 1998. Any UST system that cannot
meet this deadline must close. By giving the regulated
community the flexibility to plan for and set its own
priorities in upgrading the UST systems, EPA intended to
encourage a more rapid voluntary upgrading. This schedule
has also provided State and local authorities the flexibility to
establish their own schedules for phasing in requirements.
The regulations promulgated pursuant to Subtitle I
established a notification program for both existing and new
tanks. Under this program, State governors were required
by May 1985 to designate the State or local agency to which
tank owners should send notifications. The law directed
EPA to prescribe the form of the notice, and by May 1986,
owners of existing tanks were to have notified the designated
State or local agency of each tank's age, size, type, location
and use. Owners of USTs taken out of operation after
January 1, 1974, but still in the ground also were to submit
information on the tanks by May 1986. As of May 8, 1986,
all owners of newly installed tanks must have notified EPA
or the State of the tank's size, type, location, use, and
compliance with applicable regulations. Additionally, after
October 24, 1988, sellers of underground tanks must have
notified the buyer of their notification requirements. A copy
of the notification form is contained in Appendix C.
General Operating Requirements
To prevent spills or overfills, tank owners and operators
must take three steps:
• Ensure that the capacity of the tank is greater than
the volume of product to be transferred
• Have someone present at all times during the transfer
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Use-equipment that can prevent or severely limit
spills (e.g., automatic shutoff devices when the tank
is almost full).
As with design and installation requirements, standards for
product transfer are based on established national standards.
Only substances that are compatible with the UST system
may be stored in the unit.
UST systems that have corrosion protection must follow
guidelines for operation and maintenance of corrosion
protection equipment. This includes inspections, record
keeping, and periodic maintenance as suggested by the
manufacturer. Records must be readily available for agency
officials to review.
Owners and operators may repair existing tanks, but must
ensure that repairs will prevent releases due to structural
failure or corrosion for the remaining life of the tank. Holes
in piping and fittings must be replaced. All repairs must be
made in accordance with manufacturer's specifications and
owners or operators must maintain repair records.
Release Detection
One of the most important requirements of the UST program
is release detection. Without it, the owners, operators, and
nearby residents would have to rely on their senses—sight,
taste, or smell--to detect a leak. All facilities must have a
release detection method that:
• Is capable of detecting a release from any portion of
the UST system
• Is installed and maintained in accordance with the
manufacturer's instructions, including routine
inspections
• Is capable of meeting performance standards that
have been designed for the chosen release detection
method.
Existing USTs containing petroleum products and hazardous
substances must install a release detection system following
a five-year phase-in period which ends December 22,1993.
In addition, by the same date, tanks used to store hazardous
substances must be retrofitted with secondary containment or
replaced with a double-walled tank to prevent leaks.
Owners and operators of petroleum tanks may use a variety
of methods such as tank tightness tests, soil gas monitoring,
and water table monitoring to comply with the release
detection requirements. Monitoring of the space between the
UST inner wall and the secondary barrier is mandatory for
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tanks storing hazardous substances, unless the owner or
operator can demonstrate that another method works equally
well.
Release detection options differ for pressurized or suction
piping. Some suction piping, meeting stringent standards,
may not require release detection. Options for piping
include:
• Automatic line leak detectors
• Line tightness testing
• Applicable tank methods.
While new UST systems must comply with release detection
requirements immediately, requirements will be phased in
for existing systems. The date by which existing USTs
must comply varies by the age of the tank. Older tanks must
comply by the end of 1989, while newer tanks have until
1993 to comply. Any existing UST system that cannot
comply with the release detection requirements must close.
Release Reporting. Investigation, and Confirmation
All suspected releases must be reported within 24 hours.
The facility must investigate and confirm the release.
Confirmed releases must be cleaned up under the corrective
action provisions (see below). Facilities must report any
spill or overfill that:
• Is over 25 gallons (for petroleum) or
• Exceeds a CERCLA reportable quantity (for
hazardous substances).
Spills of regulated substances not exceeding these amounts
must be cleaned up immediately. If the spill cannot be
cleaned up in less than 24 hours, it must be reported to the
implementing agency.
Corrective Action Requirements
Corrective action for UST systems, like the program for
hazardous waste TSDFs, is designed to ensure that releases
of regulated substances do not threaten human health and the
environment. The corrective action procedure is comprised
of a series of steps; the exact steps to be taken and the level
of response required vary depending on the severity of the
release. Procedures to correct releases for petroleum
products and hazardous substances are the same.
Following immediate response activities (including release
reporting, immediate containment, and monitoring of
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explosive hazards), the facility implements initial abatement
measures, including:
• Further containment of the regulated substance to
prevent continued release
• Prevention of further migration of aboveground
releases and exposed below-ground releases.
• Continued monitoring and mitigation of explosive
hazards
• Remedying hazards posed by excavated soils
resulting from release response activities
• Performing a site check to evaluate the extent of the
release
• Determining the presence of free product on the
water table.
Within 20 days of confirmation of the release, the owner or
operator must submit a report to the implementing agency.
TTie report details the extent of initial abatement activities.
Within 45 days of confirmation of the release, the owner or
operator must submit a more comprehensive site
characterization report to the implementing agency. The
report includes, if applicable, a discussion of procedures
carried out to remove free product from the water table.
After reviewing the results, the implementing agency
determines whether further, more detailed, response
activities are needed. If further corrective action is required,
the implementing agency will request detailed corrective
action plans, including provisions to remediate contaminated
soils, ground water, and surface water. As with the Subtitle
C program, the public is fully involved in the cleanup
process.
Underground Storage Tank Closure
The closure requirement for UST systems depend on the
amount of time that the tank system is out of service. Unless
permanently closed, all systems containing regulated
substances must continue to comply with all the normal
regulatory requirements. USTs closed for less than 3
months have no special requirements. Systems containing
substances regulated under Subtitle I closed for 3 to 12
months must leave vent lines open and cap all other lines.
After 12 months out of service, USTs must be closed
permanently.
Prior to closing the UST system, the owner or operator must
assess the site'to ensure that no releases have occurred. This
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usually is done by sampling nearby soil and ground water.
Records of this assessment must be maintained for 3 years
after the tank is closed. Any release that is discovered will
be subject to corrective action. Closure procedures follow
accepted industry codes, including emptying the tank and
filling it with an inert material, or removing the tank from the
ground.
Financial Assurance
In contrast to the Subtitle C TSDF financial assurance
requirements, USTs have less stringent reporting
requirements and a broader range of allowable financial
mechanisms. One key factor that led to this difference was
the size of the regulated community: there are about 1.4
million USTs, compared to about 5,000 TSDFs. The size of
the UST regulated community makes the administrative
burden of implementing financial assurance an important
consideration.
EPA issued final regulations for financial assurance October
26, 1988, these regulations did not include requirements for
USTs containing hazardous substances. EPA has published
an advance notice of proposed rulemaking on financial
responsibility for hazardous substance USTs.
Under the new petroleum UST regulations, financial
assurance is required to cover both the cost of any required
corrective action, as well as compensation for third party
liability from accidental releases. State and Federally owned
facilities are exempt from these requirements. Per-
occurrence coverage is set at either $500,000 or $1 million
depending on the nature of facility operation (e.g., petroleum
markets vs. non-petroleum markets) and the quantity of
product handled. Aggregate coverage is set at $1 million or
$2 million depending on the number of USTs to be covered.
As noted earlier, owners and operators of petroleum USTs
may use a number of mechanisms to comply with financial
assurance requirements, including all of those allowed for
TSDFs. Other allowable mechanisms are risk retention
group coverage and State assurance. Risk retention groups
are unique in that the individual risks of group members are
transferred to a risk pool administered by the group. In turn,
the members pay a premium for the coverage they receive.
If State assurance is used, the State agrees to provide the
required corrective action and assume liability costs.
Owners or operators usually pay a premium to the State for
the coverage it provides.
If mechanisms for assuring financial responsibility are
generally not available in a State, members of the regulated
community may petition EPA to suspend enforcement of the
financial assurance requirements for 180 days. During this
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rime facilities must take substantial steps toward obtaining
coverage (e.g., developing a risk retention group).
STATE UNDERGROUND STORAGE TANK
PROGRAMS
Several States already have, or are developing, regulatory
programs for underground storage tanks. As with other
environmental programs, Subtitle I is designed to avoid
interfering with those State programs and to encourage other
States to press ahead with control programs.
The State program approval regulations, which were
promulgated on September 23, 1989 and became effective
December 23,1989, establish the program approval process
and the criteria that EPA will use to evaluate and approve
State programs.
According to the regulations, EPA will evaluate various
elements of the State program against the corresponding
Federal requirements. EPA must determine that the State's
requirements are "no less stringent" than the Federal
program, and that there is provision for "adequate
enforcement".
The Agency has defined the environmental performance
objectives of the Federal standards and these objectives
represent its expectations of what will constitute an adequate
State program; the State must have requirements for all UST
systems that meet those objectives. EPA can authorize a
State to regulate either petroleum USTs, hazardous
substance USTs, or both.
The components of the State application are similar to those
under other EPA programs. States must submit a transmittal
letter from the Governor to EPA requesting program
approval and designating a lead State agency. A description
of the current State program must be supplied, and a
Memorandum of Agreement between the Regional
Administrator and the director of the lead State agency must
be signed. The State must submit a letter from the State
Attorney General indicating that the State has the authority to
carry out the required UST program and a copy of all
applicable State statutes and regulations. Finally, the State
must provide a description of its compliance monitoring and
enforcement procedures.
INSPECTIONS AND ENFORCEMENT
HSWA provides authority for Federal and State personnel
to:
• Request pertinent information from tank owners
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• Inspect and sample tanks
• Monitor and test tanks and surrounding soils, air,
surface water, and ground water
Respond to violations of tank standards through civil
or administrative actions
• Seek injunctive relief when human health or the
environment are endangered.
EPA may issue compliance orders for any violation of the
UST statute or regulations. A violator who fails to comply
with the order may be subject to a civil penalty of up to
$25,000 per tank per day of non-compliance. In addition,
any owner who knowingly fails to notify or submits false
information, or any owner or operator who fails to comply
with any regulatory requirement under Subtitle I, may be
subject to civil penalties of up to $10,000 per tank per day,
per violation. Criminal penalties are not authorized under
Subtitle I.
LEAKING UNDERGROUND STORAGE TANK TRUST
FUND
As part of the amendments to Superfund, Congress created
the Leaking Underground Storage Tank Trust Fund (Trust
Fund) under Subtitle I. The Trust Fund is financed through
a tax on gasoline, diesels, and aviation fuels, and is used
when the following conditions are met:
Cleanup costs exceed coverage requirements
of the financially responsible party
• The owner or operator refuses to comply with a
corrective action order
• A solvent owner or operator cannot be found
• An emergency situation exists.
In addition to paying for site activities, the Trust Fund may
be used to cover administrative and enforcement costs
associated with a cleanup. The Trust Fund may only be
used to clean up releases of petroleum; cleanups of
hazardous substance spills are covered under Superfund or
RCRA's corrective action provisions.
To use the Fund, States enter into a cooperative agreement
with EPA. The cooperative agreement details how the
money is to be disbursed to the State, what it may be used
for, and what percent of the cleanup must be funded by the
State.
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SUMMARY
EPA recently promulgated regulations that affect
underground tanks storing petroleum and hazardous
substances. The regulatory program is broad in scope,
subjecting 1.4 million tanks to notification requirements,
performance standards, leak detection, corrective action,
financial assurance, and closure. The State program
approval regulations are designed to facilitate delegating the
program to the States. Subtitle I provides inspection
authorities to ensure compliance with the regulations.
Subtitle I also gives States with approved programs primary
enforcement responsibility. EPA developed the Leaking
Underground Storage Tank Trust Fund Program to fund
clean up of certain USTs threatening human health and the
environment. To use funds, States enter into cooperative
agreements with EPA. The cooperative agreement details
how money is to be used and what actions are to be taken.
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SECTION V
SUBTITLE J OF RCRA -
MANAGING MEDICAL WASTE
OVERVIEW
MEDICAL WASTE IDENTIFICATION
REGULATED MEDICAL WASTE
EXEMPTED AND EXCLUDED WASTES
MEDICAL WASTE GENERATOR REQUIREMENTS
PRE-TRANSPORT REQUIREMENTS
USE OF THE TRACKING FORM
EXCEPTION REPORTS
MEDICAL WASTE TRANSPORTER REQUIREMENTS
TRANSPORTER NOTIFICATION
USE OF THE TRACKING FORM
TRANSPORTER SEMI-ANNUAL REPORTS
MEDICAL WASTE TREATMENT, DESTRUCTION, AND DISPOSAL
FACILITY REQUIREMENTS
USE OF THE TRACKING FORM
TRACKING FORM DISCREPANCIES
ON-SITE INCINERATOR REPORTS
SUMMARY
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SUBTITLE J OF RCRA:
MANAGING MEDICAL WASTE
OVERVIEW
During the summer of 1988, widespread mismanagement of
medical waste led to washups on the Atlantic seaboard. In
response to this problem, Subtitle J was added to RCRA in
November 1988. Subtitle J instructs EPA to develop a two-
year demonstration program to track medical waste from
generation to disposal in the States that have chosen to
participate in the program (Connecticut, New Jersey, New
York, Puerto Rico, and Rhode Island). After completion of
the demonstration program in 1991, the Agency will report
its findings on the program to Congress, which will consider
the merits of establishing nationwide medical waste
requirements.
EPA enacted interim final regulations in March 1989. The
regulations, found in 40 CFR Part 259, establish
requirements for medical waste generators, transporters, and
treatment, destruction, and disposal facilities (TDDs). This
chapter describes EPA's framework for medical waste
management:
• Medical Waste Identification
• Medical Waste Generator Requirements
• Medical Waste Transporter Requirements
• Medical Waste Treatment, Destruction, and Disposal
Facility Requirements.
MEDICAL WASTE IDENTIFICATION
Regulated Medical Waste
Medical waste is defined in 40 CFR 259.10 as any solid
waste which is generated in the diagnosis, treatment, or
immunization of human beings or animals, in related
research, biologicals production, or testing. Regulated
medical wastes are a subset of all medical wastes and include
seven distinct categories:
• Cultures and stocks of infectious agents
• Human pathological wastes (e.g., tissues, body
parts)
Human blood and blood products
• Sharps (e.g., hypodermic, needles and syringes used
in animal or human patientcare)
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• Certain animal wastes
• Certain isolation wastes (e.g., wastes from patients
with highly communicable diseases)
• Unused sharps (e.g., suture needles, scalpel blades,
hypodermic needles)
In addition, mixtures of solid waste and regulated medical
waste are subject to the requirements. Mixtures of
hazardous and regulated medical waste are subject to the 40
CFR Part 259 requirements only if shipment of such a
mixture is not subject to hazardous waste manifesting (e.g.,
the hazardous waste is generated by a conditionally exempt
generator).
Exempted and Excluded Wastes
The definition of "medical waste" excludes any hazardous
waste identified or listed under 40 CFR Part 261 or any
household waste defined in 40 CFR 261.4(b)(1). In
addition, residues from treatment and destruction processes,
or from the incineration of regulated medical wastes, are
excluded from the requirements, as are human remains
intended to be buried or cremated. Etiologic agents being
shipped pursuant to other federal regulations, and samples of
regulated medical waste shipped for enforcement purposes
are exempt from the 40 CFR Part 259 requirements.
MEDICAL WASTE GENERATOR REQUIREMENTS
Subtitle J directs EPA to include a requirement to segregate
the regulated medical wastes at the point of generation,
where practicable. All generators of regulated medical waste
are subject to the program requirements if they are located in
one of the demonstration States. The tracking requirements
for generators of less than 50 pounds per month are more
flexible than those for larger generators. However, all
generators are subject to the same waste management
requirements.
Pre-Transport Requirements
Generators (including transporters who repackage
shipments) are responsible for properly handling medical
waste before shipping it off site. The waste must be
segregated into sharps, fluids, and other wastes and then
packaged in rigid, leak-resistant containers. Additionally,
sharps must be packaged in puncture resistant, and fluids in
leak resistant, containers. Untreated medical waste must
have a water resistant label on the outside of the packaging
identifying it as "infectious waste" or "medical waste" or
displaying the bio-hazard symbol. Regulated medical waste
shipments must be marked with information identifying the
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generator and each individual transporter. Treated wastes
need not be labeled.
Use of the Tracking Form
Medical Waste
Tracking Form
Reports
Similar to the hazardous waste manifest, the tracking form is
a mechanism for tracing medical waste from generation
through disposal. Generators must initiate a tracking form
for most off-site shipments of waste. Copies of the form
must be retained by the generator, each transporter, and each
facility handling the waste. Appendix D contains a sample
tracking form.
Exception Reports
Generators who do not receive a copy of the original
tracking form within 45 days of the date the shipment was
accepted by the initial transporter must submit an exception
report to the Region in which the generator is located. The
report must include a copy of the tracking form in question,
and a description of the efforts the generator made to locate
the shipment. The generator must retain a copy of the
report.
MEDTCAL WASTE TRANSPORTER REQUIREMENTS
Transporter Notification
Transporters who ship regulated medical waste that was
generated in the demonstration program States must submit a
one time notification to EPA Headquarters. EPA will then
issue the transporter a medical waste identification number to
be used on all tracking forms and on all transporter reports.
Use of the Tracking Form
Transporters may only accept medical waste shipments that
are properly packaged, labeled, and marked and are
accompanied by a tracking form (if one is required). Upon
delivery of the shipment to a subsequent transporter or to the
facility receiving the waste, a copy of the form must be
signed and retained by the transporter. Transporters must
initiate a tracking form for shipments of medical waste
received from generators of less than 50 pounds per month,
who ship less than 50 pounds. These small shipments may
be consolidated by the transporter onto one tracking form.
Transporters may also consolidate all shipments of less than
220 pounds onto a single tracking form.
Transporter Semi-Annual Reports
Transporters must submit semi-annual reports to EPA and
the appropriate State agency that detailing information about
their medical waste shipments. Separate reports must be
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completed for each demonstration State in which the
transporter is active.
MEDICAL WASTE TREATMENT. DESTRUCTION.
AND DISPOSAL FACILITY REQUIREMENTS
Use of the Tracking Form
All TDDs must sign and return tracking forms to the
generator or the party that initiated the tracking form.
Intermediate handlers (those facilities that treat or destroy
regulated medical waste), must return tracking forms to the
original generator for shipments they receive, and initiate a
new tracking form for shipments of treated or destroyed
waste sent to destination facilities.
Tracking Form Discrepancies
Facilities that receive regulated medical waste shipments that
differ in certain respects from the waste indicated on the
tracking form must attempt to resolve the discrepancy.
Failing resolution, they must submit a letter to the Regional
Administrator(s) (for the generator's State and the State
where the TDD is located, if different) and to the generator's
State within 15 days of receiving the waste. The report must
explain the discrepancy and include a copy of the suspect
tracking form.
On-Site Incinerator Reports
Owners or operators of incinerators that burn medical wastes
generated on site must submit reports to EPA covering the
first and third six-month periods of the demonstration
program. These reports should describe, among other
things, the amounts of medical waste received and burned on
site, and the date and length of each incineration cycle.
SUMMARY
Congress recently added a new Subtitle J to RCRA to
address environmental problems associated with
mismanagement of medical wastes. EPA published interim
final rules establishing a demonstration program for the
tracking of medical waste. In 1991, the program will be
evaluated for national applicability.
The medical waste regulatory requirements apply to
generators located in the States participating in the program
and to transporters and facilities nationwide who handle
those generators' wastes.
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SECTION VI
RCRA AND ITS RELATIONSHIP TO OTHER
ENVIRONMENTAL STATUTES
CHAPTER 1 LEGISLATIVE FRAMEWORK FOR ADDRESSING
HAZARDOUS WASTE PROBLEMS
CHAPTER 2 SUPERFUND: THE HAZARDOUS WASTE CLEANUP
PROGRAM
CHAPTER 3 -— RCRA AND SUPERFUND: HOW THE TWO
PROGRAMS INTERACT
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SECTION VI RCRA AND ITS RELATIONSHIP TO OTHER
ENVIRONMENTAL STATUTES
OVERVIEW
EPA's role is to protect human health and the environment.
Many environmental laws have been enacted to address
releases, or threats of releases, of hazardous substances. An
understanding of these laws is necessary to see where
RCRA fits into the national environmental protection
program established by Congress. Each environmental
statute has its own particular focus, whether it is controlling
the level of pollutants introduced into a single environmental
medium (i.e., air, soil, water) or addressing a specific area
of concern, such as pesticides or waste cleanup.
While the segmentation of environmental issues eases the
drafting of legislation, it complicates the implementation of
environmental protection regulations. The media, practice or
chemical-specific boundaries established in the nation's
environmental statutes are often artificial. Many different
types of practices may be responsible for the release into the
environment of the same contaminant. Moreover, individual
contaminants are hot confined to specific media. Volatile
organic compounds such as benzene or toluene, for instance,
can be released into and contaminate the air, soil, and water.
Additionally, uncontrolled pollutants may travel long
distances by natural means and change physically, affecting
multiple media. Therefore, a medium or contaminant-
specific approach cannot fully address the magnitude and
complexities of the waste management problem.
This section consists of three chapters:
Chapter 1 outlines the legislative framework fort
addressing environmental problems.
• Chapter 2 focuses on one crucial aspect of this
legislative framework, the Superfund hazardous
waste cleanup program.
• Chapter 3 discusses the interactions between RCRA
and Superfund.
VI-1
FEDERAL
INSECTICIDE,
FUNGICIDE,
AI40
RODENT1C1DE
ACT
MARINE
PROTECTION,
RESEARCH
ANO
SANCTUARIES
ACT
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CHAPTER 1
LEGISLATIVE FRAMEWORK FOR ADDRESSING
HAZARDOUS WASTE PROBLEMS
OVERVIEW
ENVIRONMENTAL STATUTES
COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLA OR
SUPERFUND)
CLEAN AIR ACT (CAA)
CLEAN WATER ACT (CWA)
MARINE PROTECTION, RESEARCH, AND SANCTUARIES
ACT (MPRSA)
SAFE DRINKING WATER ACT (SDWA)
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE
ACT (FIFRA)
TOXIC SUBSTANCES CONTROL ACT (TSCA)
SUMMARY
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CHAPTER 1 - LEGISLATIVE FRAMEWORK FOR ADDRESSING HAZARDOUS
WASTE PROBLEMS
OVERVIEW
The legislation that serves as the basis for managing
hazardous wastes can be divided into three categories:
• The central statutory authorities are RCRA and
CERCLA. The former creates a "cradle-to-grave"
management system for current and future wastes
while the latter authorizes cleanup of releases of
hazardous substances.
• Several statutes are media-specific, and limit the
amount of wastes introduced into the air, waterways,
oceans, and drinking water.
• Other statutes direcdy limit the production, rather
than the release, of chemical substances and products
that may contribute to the nation's wastes.
This chapter summarizes each statute and highlights its
interaction with RCRA.
ENVIRONMENTAL STATUTES
Comprehensive Environmental Response. Compensation.
and Liability Act (CERCLA or Superfund')
RCRA and CERCLA are unique in that their primary
purpose is to protect human health and the environment from
the dangers of hazardous waste. However, these statutes
address the hazardous waste problem from two
fundamentally different approaches:
• RCRA has a regulatory focus and authorizes control
over the management of wastes from the moment of
generation until final disposal.
• Superfund has a response focus. Wheneverithere
hasrbeenraxbreakdown:in~the-waste-management
system (i.e., a release of a hazardous substance), the
statute"au±orizescleMup:acuohs7
This distinction, while useful for providing an overview,
does not present a complete picture of how RCRA and
CERCLA interact. Chapter 2 provides a more detailed
discussion of the Superfund statute. Chapter 3 examines the
multifaceted relationship between the RCRA and Superfund
programs.
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Clean Air Act (CAA)
Congress enacted the Clean Air Act (CAA), to limit the
emission of pollutants into the atmosphere, in order to
protect human health and the environment from the effects of
airborne pollution. For six pollutants, EPA has established
National Ambient Air Quality Standards (NAAQS).
Regulation of these six pollutants affords the public some
protection from toxic air pollutants. Primary responsibility
for meeting the requirements of the CAA rests with States,
which must submit plans for achieving the NAAQS. The
CAA does not directly regulate certain toxic metals but its
regulation of particulate matter may reduce metal emissions
as well. Limitations on total volatile organic compounds
may provide protection from known or suspected
carcinogens for which specific air emission standards do not
exist. Under Section 112 of the CAA, EPA also has the
authority to designate hazardous air pollutants and set
National Emission Standards for Hazardous Air Pollutants
(NESHAPS).
The major interactions between RCRA and CAA include the
following:
• Air emissions from incinerators and other types of
TSDFs regulated under RCRA must comply with
applicable ambient standard and/or emission
limitations of the CAA. Using authorities contained
in Section 3004 (n) of RCRA, EPA is developing
more stringent air emission standards for TSDFs.
• Extraction of pollutants from air emissions under
CAA controls (e.g., scrubbers) can create hazardous
wastes or sludges containing such wastes. Disposal
of these materials must comply with RCRA.
Clean Water Act (CWA)
The CWA requires a permit for any discharge into the
nation's waterways. For waste materials, only two
discharge options are allowed:
• "Direct discharge" into surface water pursuant to a
National Pollution Discharge Elimination System
(NPDES) permit
• "Indirect discharge," which means that the waste is
first sent to a publicly owned treatment works
(POTW), and then after treatment by the POTW,
discharged pursuant to an NPDES permit.
The NPDES permit is granted on a case-by-case basis and
the terms of the permit depend on a number of variables.
Essentially, the NPDES permit limits the permissible
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concentration of toxic constituents or conventional pollutants
in effluents discharged to a waterway.
If the indirect discharge option is chosen, the generator of
the wastes cannot simply transfer the materials to a POTW.
Rather, the wastes must satisfy applicable treatment and
toxic control requirements known as pretreatment standards,
where they exist. POTWs that receive hazardous wastes for
treatment are also subject to certain RCRA "permit by rule"
requirements, including those for corrective action.
The major interactions between RCRA and CWA are as
follows:
• Sludge resulting from wastewater treatment and
pretreatment under CWA must be handled as a
RCRA waste and disposed of at a RCRA facility if it
is hazardous.
Discharges from a RCRA-permitted facility must be
pursuant to an NPDES permit. This means that
either the facility itself has obtained an NPDES
permit or the wastes meet CWA pretreatment
standards and have been transported to a POTW.
Marine Protection. Research, and Sanctuaries Act (MPRSA1
MPRSA requires a permit for any material that is transported
from a U.S. port or by a U.S. vessel for deposition at sea.
Therefore, wastes from a RCRA generator or permitted
facility cannot be deposited in the ocean, except according to
a separate MPRSA permit.
Safe Drinking Water Act CSDWA')
The Safe Drinking Water Act (SDWA) protects the nation's
drinking water supply by setting drinking water standards,
known as Maximum Contaminant Levels (MCLs) and
regulating underground injection wells. Both the MCLs and
the Underground Injection Control (UIC) program are
especially relevant to RCRA. The MCLs are sometimes
used by the RCRA program as cleanup standards for
corrective action.
The UIC program bans some types of underground disposal
of wastes considered hazardous under RCRA. With some
exceptions, other materials cannot be injected underground
without a UIC permit. RCRA itself contains parallel
provisions prohibiting underground injection of hazardous
wastes.
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Federal Insecticide. Fungicide, and Rodenticide Act
f FIFRA'I
PESTICIDE
FIFRA is concerned solely with pesticides, and regulates the
introduction and uses of these products in the marketplace.
As such, its regulatory focus is different from most of the
statutes discussed in this chapter. While the other statutes
attempt to minimize and manage waste by-products at the
end of the industrial process, FIFRA provides controls as to
whether (and how) certain products are manufactured or sold
in the first place.
FIFRA imposes a system of pesticide product registrations.
These include:
Pre-market review of potential health and
environmental effects before a pesticide can be
introduced in the United States
• "Re-registration" of products introduced prior to the
enactment of FIFRA to assess their safety in light of
current standards
• Classification of pesticides for restricted or general
use. Restricted products can be used only by those
whose competence has been certified by a State
program.
FIFRA's effect on RCRA is indirect. FIFRA controls limit
the level of toxic pesticides that are produced and thereby
reduce the amount of waste that needs to be managed.
Toxic Substances Control Act frSCAl
TSCA's primary focus is similar to that of FIFRA in that the
statute provides authorities to control the manufacture and
sale of certain chemical substances. The authorities include:
~ Testing of chemicals currently in commercial
production or use
Pre-market screening and regulatory tracking of new
chemical products
~ Controlling unreasonable risks once a chemical
substance is determined to have an adverse effect on
health or the environment. These powers include:
Prohibiting the manufacture or certain uses of
the chemical
Requiring labeling
Limiting volume of production or
concentration
Requiring recordkeeping about production
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Requiring replacement or re-purchase of
products
Controlling disposal methods.
Disposal method authority was exercised for polychlorinated
biphenyls (PCBs). While PCB disposal is generally
regulated by TSCA, RCRA also regulates disposal of PCBs
when they are mixed with hazardous wastes.
TSCA has a direct and indirect effect on RCRA. The direct
effect concerns controls on the disposal methods of certain
chemicals such as PCBs. The indirect effect is the same as
for FIFRA: controls on the manufacture and use of certain
chemical substances limit the amount of wastes that needs to
be managed.
SUMMARY
Eight major environmental statutes work together to address
hazardous waste problems. The two central authorities are
RCRA and CERCLA; the former provides for day-to-day
management of wastes while the latter allows for cleanups in
the event of waste releases. The other statutes limit the
amount of waste released into a particular environmental
medium or control the production of certain products. These
other statutes include:
• Clean Air Act
• Clean Water Act
• Marine Protection, Research, and Sanctuaries Act
• Safe Drinking Water Act
• Federal Insecticide, Fungicide, and Rodenticide Act
• Toxic Substances Control Act.
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CHAPTER 2
SUPERFUND: THE HAZARDOUS WASTE
CLEANUP PROGRAM
OVERVIEW
PURPOSE OF SUPERFUND
HISTORY OF THE STATUTE
TRIGGER FOR STATUTORY RESPONSE
TYPES OF RESPONSE ACTIONS
TITLE m
SUMMARY
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CHAPTER 2 - SUPERFUND: THE HAZARDOUS WASTE CLEANUP PROGRAM
OVERVIEW
This chapter focuses on a central part of the legislative
framework for environmental protection: the Superfund
cleanup program established by the Comprehensive
Environmental Response, Compensation, and Liability Act
(CERCLA).
CERCLA is designed to remedy the mistakes in hazardous
waste management made in the past, while RCRA is
concerned with avoiding such mistakes through proper
management in the present and future. As the previous
chapter indicated, RCRA mainly regulates how wastes
should be managed to avoid potential threats to human health
and the environment. CERCLA, on the other hand, comes
into play primarily when mismanagement occurs or has
occurred; i.e., when there has been a release or a substantial
threat of a release of a hazardous substance or of a pollutant
or contaminant (that presents an imminent and substantial
threat to human health) into the environment. In such
instances, CERCLA authorizes a number of government
actions to remedy the conditions that could result in a release
or the effects of a release itself. This chapter discusses why
CERCLA was enacted and summarizes some of the statute's
authorities.
PURPOSE OF SUPERFUND
Superfund was established in response to the discovery in
the late 1970s of a large number of abandoned, leaking,
hazardous waste dumps that were threatening human health
and contaminating the environment. One of the best known
of these dumps was Love Canal in Niagara Falls, New
York, (near Buffalo) where a chemical company had buried
large amounts of hazardous waste in a canal originally
designed to transport water. After the canal was capped with
clay and soil, an elementary school was built over the site,
and the city of Niagara Falls grew rapidly around it.
In the 1970s, an unusual number of community residents
(especially those who attended the elementary school)
developed serious health problems. Moreover, the residents
complained of noxious fumes and of chemicals oozing out of
the ground. Subsequent government investigations found
extensive contamination of the area, including ground-water
supplies. In 1978, President Jimmy Carter declared Love
Canal a Federal disaster area, and most of the residents in the
area around the site were relocated.
Declaring the site a Federal disaster area was the only viable
option available to the Federal government. RCRA did not
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provide relief because the problem did not involve the
current management of wastes. Legal actions against the
responsible parties did not offer a solution because they are
too time-consuming. Unfortunately, subsequent
investigations indicated that the scope of the waste dump
problem went far beyond Love Canal making the Federal
disaster relief option impractical. In late 1980, Congress
passed CERCLA to address the "ticking time bombs"
represented by thousands of potential Love Canals
throughout the country.
HISTORY OF THE STATUTE
CERCLA, as originally enacted in 1980, authorized a five-
year program by the Federal government to perform the
following primary tasks:
• Identify those sites where releases of hazardous
substances had already occurred or might occur and
posed a serious threat to human health, welfare, or
the environment
• Take appropriate action to remedy those releases.
• See that the parties responsible for the releases pay
for the cleanup actions.
To accomplish these tasks, CERCLA gave new cleanup
authority to the Federal government, created a $1.6-biIlion
trust fund to pay for government cleanup, and imposed
cleanup liability on those responsible. This "Superfund"
(Fund) consisted primarily of tax assessments on oil and
designated chemicals.
During the five-year period of the original Superfund
program, two facts became increasingly clear: the problem
of abandoned hazardous waste sites was more extensive than
originally thought and its solution would be more complex
and time-consuming. The Superfund Amendments and
Reauthorization Act of 1986 (SARA) not only extended
CERCLA for another five years, but increased the Fund
five-fold: from $1.6 billion to $8.5 billion. SARA
established new standards and schedules for site cleanup and
also created new programs for informing the public of risks
from hazardous substances in their community and preparing
communities for hazardous substance emergencies.
TRIGGER FOR STATUTORY RESPONSE
CERCLA response authorities are triggered by a "release" or
a "substantial threat of a release" of dangerous substances
into the environment (e.g., a chemical spill from a tank truck
accident or a leak from a damaged drum). The release must
involve either
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• A hazardous substance, as defined in the statute, or
• A pollutant or contaminant that may present an
imminent or substantial danger to public health or
welfare.
"Hazardous substance" is defined to include "hazardous
waste" under RCRA, as well as substances regulated under
CAA, CWA, and TSCA. "Pollutant or contaminant" is
broadly defined to include any substance that is reasonably
anticipated to cause illness or deformation in any organism.
Both definitions specifically exclude petroleum and natural
gas.
TYPES OF RESPONSE ACTIONS
CERCLA authorizes two types of government response
actions to remedy the release of a hazardous substance:
removal actions and remedial actions.
Removals are short-term cleanup actions that usually address
problems only at the surface of a site. They are conducted in
response to an emergency situation (e.g., to avert an
explosion, to cleanup a hazardous waste spill, or to stabilize
a site until a permanent remedy can be found). Removal
actions are limited to 12 months duration or $2 million in
expenditures, although in certain cases these limits may be
extended.
Remedial actions represent the final remedy for a site and
generally are more expensive and of a longer duration than
removals. This is because the remedial actions are intended
to provide permanent solutions to hazardous substance
threats. (Some current treatment remedies are estimated to
cost an average of $16 million and to take approximately 10
years to complete.) EPA can take remedial actions only at
hazardous waste sites on the National Priorities List (NPL).
Currently, there are over 1,100 sites either on the NPL or
proposed for inclusion. Sites are placed on the NPL after
being evaluated through the Hazard Ranking System (HRS).
The HRS is a model that determines the relative risk to
public health and the environment posed by hazardous
substances in ground water, surface water, air, and soil.
(The HRS is currently being revised.) It is possible that
both removal and remedial actions may be taken at the same
site.
TITLE ITT
Title IE of SARA, the Emergency Planning and Community
Right-to-Know Act, was enacted in reaction to the more than
2,000 deaths caused by the release of a toxic chemical in
Bhopal, India. Title III has two primary purposes:
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• To help communities prepare to respond in the event
of a chemical emergency
• To increase the public's knowledge of the presence
and threat of hazardous chemicals.
To this end, Title in requires the establishment of State and
local committees to prepare communities for potential
chemical emergencies. The focus of the preparation is a
community emergency response plan that must: 1) identify
the sources of potential emergencies, 2) develop procedures
for responding to emergencies, and 3) designate who will
coordinate the emergency response.
Title IH also requires facilities to notify the appropriate State
and local authorities if releases of certain chemicals occur.
Facilities also must compile specified information about
hazardous substances they have on site and the threat posed
by those substances. Some of this information must be
provided to State and local authorities. More specific data
must be made available upon request from those authorities
or from the general public.
SUMMARY
CERCLA authorizes cleanup responses whenever there is a
release or a substantial threat of a release of a hazardous
substance or of a pollutant or contaminant that presents an
imminent and substantial danger to public health. Two types
of response actions include removals and remedial actions:
removals are short-term actions to address emergency
situations; remedial actions involve a larger expenditure of
time and resources because they provide permanent solutions
to hazardous substance problems.
SARA Title III also provides a number of procedures to
prepare communities for chemical emergencies. These
include emergency planning and community right-to-know
requirements.
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CHAPTER 3
RCRA AND SUPERFUND: HOW THE TWO
PROGRAMS INTERACT
OVERVIEW
RELEVANT DEFINITIONS
RCRA AND REMEDY SELECTION UNDER CERCLA
RCRA CORRECTIVE ACTION VS. CERCLA RESPONSE
IMMINENT HAZARDS UNDER RCRA AND CERCLA
SUMMARY
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RCRA AND SUPERFUND: HOW THE TWO PROGRAMS
INTERACT
OVERVIEW
As presented in the previous chapter, the distinction between
RCRA and CERCLA is that Superfund cleans up releases of
hazardous wastes while RCRA manages those wastes to
prevent releases. More specifically, RCRA authorizes a
general regulatory program to manage all hazardous wastes
from cradle-to-grave: from generation to ultimate disposal.
CERCLA, on the other hand, provides authority to respond
whenever a release or a substantial threat of a release that
threatens human health or the environment occurs. This
section examines the major areas where the Superfund and
RCRA programs interact.
RELEVANT DEFINITIONS
RCRA and CERCLA both address hazards in the
environment. However, CERCLA is the more
comprehensive statute. CERCLA "hazardous substances"
encompass RCRA "hazardous wastes" as well as other toxic
pollutants regulated by the CAA, CWA, and TSCA. Thus,
all RCRA "hazardous wastes" may trigger CERCLA/
response actions when released into the environment.;/
RCRA nonhazardous "solid wastes," on the other hand, do
not trigger CERCLA response actions unless as "pollutants"
or "contaminants" they present an "imminent and substantial
danger."
RCRA AND REMEDY SELECTION UNDER CERCLA
In assessing cleanup remedies, CERCLA specifically
requires that EPA take into account the "goals, objectives,
and requirements" of RCRA, as well as the long-term
uncertainties associated with land disposal, long-term
maintenance costs, and other considerations typical of
RCRA.
CERCLA specifically requires that on-site remedies attain
any legally applicable or relevant and appropriate
requirements (ARARs), standards, criteria, or limitations
under Federal or more stringent State environmental laws,
including RCRA, unless site-specific waivers are obtained.
Furthermore, EPA policy provides that removal actions
attain ARARs whenever practicable. This means, for
example, that whenever a remedial action involves on-site
treatment, storage, or disposal of hazardous waste, the
action ,must meet RCRA's technical standards for such
treatment, storage, or disposal (i.e., 40 CFR Part 264).
EPA has interpreted the law to mean that Superfund sites are
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ARARs = Applicable or
Relevant and
Appropriate
Requirements
RCRA AND CERCLA:
DIFFERENT APPROACHES
TO A COMMON GOAL
requirements do apply as ARARs. The National
Contingency Plan (40 CFR Part 300), which is the blueprint
for the Superfund program, details the application of ARARs
to Superfund remedial actions.
Once hazardous wastes are transported from a site, they are
considered as having been "generated" under RCRA.
Therefore, all generation, transportation, and TSD
requirements under RCRA must be followed. This means
that off-site shipments must be accompanied by a manifest.
In particular, the off-site disposal of hazardous wastes can
occur only at a RCRA facility in a unit in full compliance
with the Subtitle C requirements. Agency policy requires
that the facility be inspected by EPA six months prior to
receiving the waste.
For off-site land disposal of wastes, CERCLA contains two
additional requirements. First, the unit in which the wastes
are to be disposed must not be releasing hazardous wastes or
constituents into ground water, surface water, or soil.
Second, any releases from other units of the facility must be
under an approved RCRA corrective action program.
Finally, after October 1989, EPA may not take or fund
remedial actions in a State unless the State ensures the
availability of hazardous waste treatment and disposal
capacity. This capacity must be for facilities that are in
compliance with RCRA Subtitle C requirements, and must
be adequate to manage hazardous wastes projected to be
generated within the State over 20 years.
RCRA CORRECTIVE ACTION VS. CERCLA
RESPONSE
RCRA authorizes EPA to require corrective action (under an
enforcement order or as part of a permit) whenever there is,
or has been, a release of hazardous waste or constituents.
The statute provides similar corrective action authority in
response to releases at interim status facilities. Further,
RCRA allows EPA to require corrective action beyond the
facility boundary. EPA interprets the term "corrective
action" to cover the full range of possible actions, from
studies and interim measures to full cleanups. Anyone who
violates the corrective action order can be fined up to
$25,000 per day of noncompliance and runs the risk of
having interim status suspended or revoked.
On the whole, the CERCLA response authority has a
broader reach than RCRA's corrective action. The RCRA
provisions apply only to RCRA-regulated facilities.
CERCLA, on the other hand, can be utilized to require
response work by any potentially responsible party (PRP) at
any place where there is a release or potential release.
Moreover, the CERCLA response authorities go beyond
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requiring responsible parties to perform cleanup work.
Under CERCLA, governmental and private parties who are
not PRPs can perform such work and receive Fund
financing. EPA can then seek reimbursement from PRPs.
The RCRA and Superfund programs use different labels, but
follow roughly parallel procedures in responding to releases.
In both, the first step after discovery of a release is an
examination of available data to see if an emergency action is
warranted. In both, short-term measures are authorized to
abate the immediate adverse effects of a release. Once an
emergency has been addressed, both programs provide for
an investigation and formal study of long-term cleanup
options. When these analyses are completed, both provide
for formal selection of a remedy. The major procedural
difference between the two programs involves ranking.
CERCLA requires that site conditions be analyzed according
to the HRS and that only NPL sites receive any remedial
action funding. Currently, no comparable requirement exists
in the corrective action procedures.
The facility owner or operator implements RCRA corrective
action. On the other hand, a number of different parties can
implement a CERCLA remedial action in a number of
different ways. For example, a State could enter into a
cooperative agreement or the Federal government, and the
PRPs could each do a portion of cleanup work pursuant to a
mixed funding settlement agreement
IMMINENT HAZARDS IJNPER RCRA AND CERCLA
Both CERCLA and RCRA contain provisions that allow
EPA to require persons contributing to an imminent hazard
to take the necessary actions to clean up releases. Under
CERCLA Section 106, EPA has the authority to abate an
imminent or substantial danger to public health or the
environment that results from a hazardous substance release.
The authority under RCRA Section 7003 is essentially the
same, except that RCRA's imminent hazard provision
addresses nonhazardous as well as hazardous solid waste
releases. In an enforcement action, the CERCLA and RCRA
imminent hazard provisions may be used in tandem to
strengthen the government's case.
SUMMARY
The general distinction between RCRA and CERCLA is that
the former authorizes management of wastes while the latter
authorizes cleanup responses whenever there is a release of
wastes. However, the two programs overlap. For example,
RCRA standards are considered ARARs and are central to
selecting remedies under CERCLA. Moreover, RCRA's
corrective action and CERCLA's remedial action utilize
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parallel (but not identical) procedures. Finally, both statutes
authorize EPA to act in the event of an imminent hazard.
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SECTION VII
PUBLIC PARTICIPATION
OVERVIEW
GENERAL EPA PUBLIC PARTICIPATION REQUIREMENTS
FREEEDOM OF INFORMATION ACT
RCRA PUBLIC PARTICIPATION REQUIREMENTS
STATUTORY REQUIREMENTS
PROGRAM IMPLEMENTATION
ENFORCEMENT
REGULATIONS
CONFIDENTIAL BUSINESS INFORMATION
GUIDANCE
OUTREACH AND PUBLIC ASSISTANCE
RCRA/SUPERFUND HOTLINE
OFFICE OF OMBUDSMAN
SUMMARY
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SECTION VII
PUBLIC PARTICIPATION
PUBLIC
PARTICIPATION
OVERVIEW
The right of the public to participate in government decisions
is basic to our democratic system. In few places is this right
exercised more than in the area of hazardous waste
management. The public is deeply concerned about, and
often fearful of, the potential impacts of hazardous waste on
their health and safety. In recognition of their rights and
interest in hazardous waste management, and in a conscious
attempt to include them in the decision-making process, the
government gives the public numerous opportunities to get
involved in all phases of the RCRA program.
The overall goal of public participation is to build trust and
credibility, and to keep emotions, human energy, and
conflicts focused on substantive issues and solutions.
Public participation provides an opportunity for all interested
parties to become informed and involved, and to influence
program development and implementation. Further, EPA
managers have found that active public participation provides
a forum to identify and address concerns thus reducing
conflict.
This chapter details the public participation framework
established for EPA and, where applicable, specifically for
RCRA. It includes descriptions of the statutory and
regulatory requirements and a summary of guidance
materials that address public participation.
GENERAL EPA PUBLIC PARTICIPATION
REQUIREMENTS
In consideration of the importance of citizen involvement,
Congress established public participation requirements that
apply to all environmental programs administered by EPA.
TTiey are outlined in the Administrative Procedures Act
((APA) 5 U.S.C. Sections 551-559) and include:
• Providing information and soliciting comments on all
proposed and final Agency actions, e.g., the
development of regulations
• Incorporating public comments into the decision-
making process, and
• Establishing an appeals process for certain Agency
decisions.
State employees should consult State administrative
regulations for further guidance on public participation
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requirements. The participation requirements in the Federal
APA assure the public a voice in EPA decision making.
Freedom of Information Act
The Freedom of Information Act (FOIA) ~ which serves as
the government's primary mechanism for handling
information requests ~ guarantees that the public will have
access to government records, including those of the EPA.
Specifically, it requires each Federal agency to establish
procedures for handling FOIA requests regarding
government statutes, regulations, standards, permit
conditions, requirements, orders, or policies.
EPA , therefore, has pursued a policy of fully disclosing its
records to the public, consistent with the rights of
individuals to privacy, the rights of persons entitled to
confidential business information (CBI), and the need for
EPA to promote frank internal policy deliberations. EPA
will disclose information to any requester to the fullest extent
possible without unjustifiable expense or unnecessary delay.
FOIA requests are written requests for records held by or
believed to be held by EPA. FOIA requests must reasonably
describe the records in a manner that will permit proper
identification of government documents or records.
Although requesters do not need to name the specific
documents in question, they must provide a clear description
of the information they seek. The FOIA refers to all written
requests, regardless of whether the requester refers to the
FOIA or not. Any existing form of information may be
covered, but the FOIA does not require the creation of new
records. A FOIA request can be made by any person,
corporation, or organization.
RCRA PUBLIC PARTICIPATION REQUIREMENTS
However, because the issues surrounding hazardous waste
management often arouse intense public sentiments, the
public participation framework developed under RCRA
further expands citizen opportunity for involvement well
beyond Agency-wide requirements. This framework has
three parts:
• Statutory requirements
• Regulatory requirements, and
• Guidance.
Statutory Requirements
When it implements the RCRA program within a State, EPA
gives the public access to facility and site information
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PUBLIC EPA
relating to permitting, compliance, enforcement, and
inspections. RCRA Section 3006 requires authorized States
to make this information available to the public in a manner
substantially similar in method and degree to EPA-
implemented RCRA programs. In certain cases, however,
the information may be confidential and unavailable to the
public, e.g., when company trade secrets are involved. The
following section discusses the specific requirements for
dealing with confidential business information which are
principally regulatory requirements.
Program Implementation
Section 3006 of RCRA requires that public comments be
solicited before:
• A State submits an application for Subtide C final
authorization
• EPA decides to grant or deny a State authorization
EPA withdraws a State's authorization, and
• EPA suspends or revokes a hazardous waste facility
permit.
Enforcement
Section 7002 of RCRA gives fairly broad legal authority to
ensure that the entire RCRA program is properly
implemented. It allows a citizen to bring a civil suit against
any person or government agency alleged to be in violation
of any permit, standard, regulation, condition, requirement,
or order that has become effective under the Act.
HSWA expanded citizen rights to bring suit against RCRA
violators by allowing private individuals to initiate suits
¦ against any past or present generator, transporter, owner, or
operator of a facility who has contributed to or is
contributing to a condition that may present an imminent and
substantial endangerment to human health and the
environment.
However, the right of citizens to bring suits under Section
7002 is limited in certain situations. No suit may be brought
if EPA or a State is already taking enforcement action against
the alleged violator. HSWA further limits the reach of such
suits by prohibiting them from impeding permit issuance or
facility siting. Finally, citizens are prohibited from suing
transporters for problems that arise following the delivery of
hazardous waste.
vn-3
-------
Regulations
The RCRA regulations under 40 CFR Part 25 focus on:
Ensuring that the public understands the RCRA
program and any proposed changes to it
• Responding to public concerns and including the
public in the decision-making process
Developing a close link among EPA, States, and the
public, and
• Providing opportunities for public participation
beyond what is required, whenever feasible.
To achieve these regulatory goals, agencies implementing
RCRA are required to:
• Provide free copies of reports upon request
• Alert interested and affected parties of upcoming
public hearings, and
• Establish EPA-funded advisory groups when an
issue warrants sustained input from a core group of
citizens.
In addition to the 40 CFR Part 25 regulations, EPA's
permitting regulations (40 CFR Part 124) also address public
participation. They require the permitting agency to:
Notify the public of the intent to issue or deny a
permit
• Provide the public 45 days to comment on the permit
application
Consider public comments regarding permit
violations, and
• Notify the public of proposed major modifications to
an operating permit.
In addition, 40 CFR Parts 264 and 265 require public notice
and comments on RCRA closure plans.
Confidential Business Information
In the course of administering EPA programs, agency
officials have access to material containing CBI, e.g., trade
secrets and proprietary information. Because EPA must
protect the rights of those who submit privileged
VH-4
-------
information, employees are required to take all reasonable
measures to prevent unauthorized disclosure of CBI.
Regulations regarding confidentiality are contained in 40
CFR Part 2, Subpart B. These apply to RCRA as well as
other EPA programs.
These regulations identify the proper procedures businesses
must employ to claim confidentiality. In addition, these
regulations establish the guidelines EPA must use to
determine the validity of the claim, and impose rules for
handling CBI.
When EPA notifies a business that it must submit
confidential information for review, EPA also must notify
the business of its right to assert a claim of confidentiality.
Businesses responding to EPA's queries must clearly
identify all confidential documents, materials, and
information. EPA then determines the validity of the CBI
claim. Businesses can claim information as confidential if it
meets certain criteria, e.g., it has been previously protected
as confidential, or it is not reasonably obtainable by others.
Employees authorized to use CBI are responsible for the
control of such information and they may discuss CBI only
with other authorized persons. Any violations should be
reported immediately. In addition, employees must not
discuss CBI over the telephone and when holding
confidential information, they must store the confidential
materials in an approved container when not in use. Finally,
when working with representatives of businesses that have
submitted CBI, employees must verify the representatives'
identities before discussing any of the confidential
information.
Guidance
To supplement its statutory and regulatory requirements,
EPA developed guidance documents regarding public
participation in RCRA permitting. The guidance stresses the
importance of:
• Identifying public concerns early in the permitting
process
• Encouraging the exchange of information among
EPA, the State, the permittee, and the community
• Creating open and equal access to the permitting
process, and
• Anticipating conflicts and providing an efficient
method of resolution.
vn-5
-------
In some cases, EPA or the State may develop a Public
Involvement Plan. This plan outlines the steps and actions
EPA will take to communicate with the public during the
facility permitting process.
OUTREACH AND PUBLIC ASSISTANCE
A number of opportunities exist for the public to obtain
RCRA program information and assistance, including fact
sheets and pamphlets. Two particularly noteworthy
programs include:
• The RCRA/Superfund Hotline
• The Office of Ombudsman.
RCRA/Superfund Hotline
Hazardous waste regulations often seem complex even to
those familiar with EPA's programs. To assist the public in
understanding the RCRA and Superfund programs, EPA
created the RCRA/Superfund Hotline. Anyone may call the
Hotline staff and ask them questions related to the RCRA
and Superfund programs. The Hotline is staffed by
professionals who are completely familiar with the latest
issues and regulations affecting EPA's hazardous waste
programs. The Hotline is open Monday through Friday
from 8:30 AM to 7:30 PM, and may be contacted at either
(202) 382-3000, or toll free (800) 424-9346.
Office of Ombudsman
In order to create a central clearinghouse for public concerns
on matters relating to the implementation and enforcement of
RCRA, EPA established the Office of Ombudsman and
appointed a Hazardous Waste Ombudsman in Headquarters
and each Region. The Ombudsman's primary responsibility
is to respond to questions and complaints regarding EPA's
hazardous waste program. In addition, the Ombudsman
makes recommendations to the Administrator based on
inquiries received. The Headquarters Ombudsman may be
reached at:
Office of Ombudsman
U.S. Environmental Protection Agency
Office of Solid Waste and Emergency
Response
Mail Code OS-130
401 M Street, SW
Washington, DC 20460
(202) 475-9361
vn-6
-------
SUMMARY
The public participation framework developed under RCRA
expands citizen opportunity for involvement well beyond
Agency-wide requirements (outlined in the Administrative
Procedures Act and Freedom of Information Act). This
framework consists of:
• Statutory requirements
Regulations
• Guidance.
RCRA-mandated programs integrate public comment into
many decisions, including State authorization and facility
permitting.
EPA adheres to legal requirements for the access to and
release of information. In order to protect rights of private
industry, EPA also has set standards for the use of
privileged company data. EPA strictly regulates CBI by
carefully limiting employee access to such information, by
strictly controlling the use and storage of such information,
and by verifying corporate identity before discussing such
information.
To assist citizens with the RCRA program, EPA created a
number of public outreach programs, the most noteworthy
of these are the RCRA/Superfund Hotline and the Office of
the Ombudsman.
VH-7
-------
APPENDIX A
UNIFORM HAZARDOUS WASTE MANIFEST
-------
Federal Register / VoL S3, No. 216 / Tuesday, November 8,1988 / Rule* and Regulations
45091
ormortvD*. >faw aw tUtmeni twmntr.t
UNIFORM HAZARDOUS
WASTE MANIFEST
form ippfonart. OMB No. 2060-0039. Ctant MW
TnRrmSJSn^TR^TnSSSJTrS!!™
II not raouiracl by Ftdtrll
3 Gen«f«ior'» Nam* and Mailmg At*dr«s»~
l Ganarator » US EPA 10 No
' 1 1 '
Manitaai
Dominant No.
1 I I I I I I I I I I
IP*. I
of
A Sum OocumotV
I Sw Gararaor'i C
Ganatatof» Phona (
iramponi
I
l Company Nama "
I Company Name
TTT
~r~
J_L
US EPA ID NumMr
I I
'dw!lllUuW>t"
mil
C. Sua Traraoonart (O
0. Tranaponar'a Phona
E. Soa Trampanar'a 10
8. Datignatad facility Nam* and Srta AOdrata
I..I I
EPA lb Number
f. TranwWa Phona
G Sum FaoWr i H>
T7
N. Facility a Pttana'
I I I I I I I I
US DOT Omcr«lion tlnduOmg Proof SfMpotog Homo. Htints Clttt. and 10 Number)
12. Containers
No Typo
13. 14 I
Total Unn 1
Quantity Wt."Vod W««a No.
_L_L
I I I I
I I
MM
I iVMrtifnt! Rifirtrtnim frr Matanats I uteri fthova
It. Handfang Codes tor Westt* usted Above
16. JjoectaTHandlmg Instrwciton^Tod Additional Information
declare that tne contents of this consignment are fully and accurately described above by
prooar shipping nam* and ere detailed. peefcod. merked. and letoeted. and ara m all respects to proper condition for tranaoon toy htghwey
according to applicable international and national government regulations.
H I am a large quantity generator. Icomfy that l have a program in ploco to reduce the volume and toxicity of wasie generated to the degree I heve determined to be
economically practicable and that I have selected the practicable method of treatment, storage, or disposal currently available to me which mimmnes the present and
future threat to humen health and the environment; OR. if I am a small quantity generator. I have made a good faith effort to mimmue my waste generation and select
Pnnted/Typed Name
Signature
Month Day Year
i i i i i >
17 Transporter 1 Acknowledgement of Receipt of Materials
Printed/Typed Name
Signature
Month Oar Year
1 1 1 1 1 !
18.Transporter 2 Acknowledgement of Receipt of Materials
Printed/Typed Name
Signature
Month Oaf Yoat
¦ ' ' '
19. Discrepancy indication Space
ZO.Fecility Owner or Operator- Certification of receipt of hatardovs materials covered by this manifest eacept as noted m Hem 19
Printed/Typed Name
Signature
Month Q»r Year
i ' i i i i
EPA form 9700*22 (Wav. HI) Previous editions are obsolete"
BUM COM HIHM
-------
APPENDIX B
LAND DISPOSAL RESTRICTIONS
MANIFESTING
-------
Paperwork Which Must Accomnanv Hazardous Waste Manifests
Waste Stream
LDR waste with
treatment standards
LDR waste without
treatment standards
("soft hammered")*
LDR waste with
treatment standards
subject to variance
Management Alternative
Waste concentration exceeds
LDR level. Generator sends to
treatment or storage facility
Waste concentration is below
LDR level. Generator sends to
hazardous waste landfill,
treatment or storage facility
Generator determines there is
no practically available
treatment for the waste. Sends
waste directly to hazardous
waste landfill
Generator sends waste to
practically available
treatment facility, and the
residue is sent to a
hazardous waste landfill
Management sends waste
direcdy to hazardous waste
landfill
Paperwork
Notification
Notification &
Certification
Demonstration
& Certification
Demonstration
& Certification
Notification
To Whom
Treatment
or Storage
Facility
Landfill,
Treatment
or Storage
Facility
Regional Admin.
& Landfill
Regional Admin.
& Treatment or
Receiving Facility
Hazardous Waste
Landfill
* "Soft-hammered" designation will no longer be applicable after May 8, 1990
-------
Federal Register / VoL 53. No. 210 / Toetday, November & 1968 / Rales and Regulation*
45083
ptim or omqrvmi *o» u Nu
Manilesi
Document No
22 Page
Information in the snaded
areas is not required by Federal
law
23 Generator » Name
L State Mamies! Document Numtxjr
M State Generators to
24 Transporter
Coaapany Maim
25 US EPA ID Number
W State Trarsportets 10
0 Transporters Phone
26 Transporter
Company Name
27 US EPA 10 Number
J
P State Transporter s 10
0 Transporter's Ptwne
28 US DOT Description ilnchjdtng Proper Shipping Name. Hariri Clats. end 10 Mumterl
29 Containers
Nn Tmt
30
Total
QuMlllTY
31
Iffl. •iai,
S ArMmooai Oescfipaoas lor Mexiuli LifMd Above
T Handling Codes tor Wastes Luted Above
32 Special Handling Instructions and Additional Information
33 Transporter Ad»r»o«»»edy»mg«n ol Heceio' ol Mantrials
Oate
Printed/Typed Mame
Signature
34 Transporter AcfcnowMapemewt ol Receipt ol Materials
Date
Printed.'Typed Name
Signature
Moiuti 0*9 Yt*r
35 Discrepancy ind«camx> Space
EPA Form 8700-22A IfWv. 9-M) Previous edition «& obsolete
[FR Doc. 25774 Filed 11-7-4* 8:45 an)
-------
APPENDIX C
UNDERGROUND TANK NOTIFICATION FORM
-------
37203
Federal RagUler ( Vol. 53. No. 185 / Friday, September 23.1988 / Holes and Regulations
Appendix 1—Notification for Undefgroand Storage Tanks (Form)
Notiflcatioh for Urldergroilnd Storage links, ; V
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4#t V SI.. S.W.. WaJinghw. O.C™ IMIA Md telhrOfKrv ¦! MmmUmh and Inniliim All<«. (IffWcrf
¦Hi ad M|H. 1>.C.\ 2BM3. mitW "ArtvwlMi: IM iMiiw h» H,l"
"GENERAL INFORMATION
10 Humttt
STATE USC ONLY
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)iu)tt;iU' mimhiT ol
^.oniiimjitun nIkcis
.iHaclM}
r-L'lo'wfliRSHiliOrfANki's):;;.;,]c;
Owner Name icoruoianon ma-viouai Puniir. Agency o» Oiner £nriryj
Sireel Addtess
County
City
Sidle
ZIP Code
Area Cod# Phone Numoer
TypeolOwne' IMtrh »I1 lh»l •pply (2)
O Cu"eni
~ Po'mer
~ Slate or Loral Gov I
~ FeGefai Govt
(OSA facility I 0 no
~
~
Privaieof
Corporate
Ownership
uncertain
-)
-VtbcAf lokbyriNitlsi. C^- ^"'Sils
(II same as Seclion 1. mark bo« here D )
Facility Name or Company Site identifier, as aoeiicaole
Siieei Aodiess 01 Slate Road as apciicable
County
Ciiylneatestl
Slate
ZIP Code
Mark Don here it lanMsl
numOerol I 1
are located on land within
~
tanhsal !hi5 I j
an Indian reservation or
on other Indian trust lands
-V- III. CONTACT PlBSON AtTAMK LOCATION
Name (It same as Section I. mark boi here Q )
Job Title
Area Code
Phone Number
*• • -r. ¦' ¦ ¦
- iv.npe of notification : -
'•
• ¦- • ; •: •.
• ''--'I'
[~l Maik to» here only it Ihis is an amended or subsequent notification lor this location.
V - _ V. CERTIFICATION (Reid and ifgrtiKer tOmpl«llng Slcllan VI.|
1 certify undef penalty ol law thai 1 have personally examined and am familiar with the inlormalton submitted in t(iis and all attached
documents, and thai based on my inquiry ol those individuals immediately responsible lor obtaining the information, t believe that the
submitted information is true, accurate, and complete.
Name and official lute ol owner or owner s aumotneo repiescntaiive | Signature
Oate Signed
•. ' tbNTifJuE oM MeVehs£ side . •'
.. 1 **.•* *-
EPA Form 73J0-1 iRmm 9 «9i
Pig« 1
-------
Federal Register / Vol. 53, No. 185 / Friday. September 23. 1988 / Rules and Regulations 37209
Owner Ntnw (from S«ctloo I) ________________ Location (from Section II) P»gt No ol Ptqes
Tank Identification No. (e.g., ABC-123}, or
Arbitrarily Assigned Sequential Number (e.g., 1.2,3...)
¦PjffipSTEC
flEBBinfli
Tank No.
Tank No.
Tank No.
gQQBH
Tank No.
BBHH
Tank No.
1
1. Statue el Tank
Current v m Use
(Mark all thai apply n) T , „ .
Tpmporafily Out Of Use
Permanently Oul ol Use
Brought into Use alter 5/8/86
1 1
1 1
1 1
1 1
1 1
1 1
r i
i i
i i
1 1
1 1
1 1
1 1
~
cm
cm
CZ3
i i
cm
2. Eftlmated Age (Years)
3. Ettlmated Total Capacity (Gallons)
4. Material of Construction .
, _. Steel
(MsrhorteJD) _
' Concrete
Fiberglass Reinforced Plastic
Unknown
Othi.'i. Please Spccity
i—i
i 1
i i
i—i
cm
i—i
i—i
I 1
i i
cm
i i
i—i
cm
i i
cm
r—i
i i
r ""'i
i i
i i
5. IntemBi Protection
(Mart all that apply Cathode Proton
Interior Lhmi'1 ((! g . epo*y ".'jtnsi
None
Unknown
Otiier. Please Specify
i—i
i i
CTJ
i i
i—i
i i
i i
i i
i i
i—l
r=H
cm
i i
i i
i i
i i
6. External Protection ^ .. , 0
CiilhodiC Protection
(Mark all that apply X) _
Pinntwl |e g.. asphaitic)
FiberglassOciniorcoo Pl;isitc Coated
None
Unknown
Oilier. Please Specify
1 1
i i
i i
i- i
1 !
cm
I—1
i—i
i i
i i
1 1
i i
i i
i i
1 1
f—i
i i
i i
i i
i i
i i •
i i
1 1
1 !
7 , , Bnre Steel
(Mark all that apply n) _ , (C, ,
Galvanized Stool
Fiho'ginss Rnnlorcect Plastic
C.-itliodicniiy Protected
Unknown
Otiier. Piinso Specify
i—i
cm:
~
i—i
i i
i i
i i
i—i
i t
i i
i—i
i i
i t
i
i i
,—!
i i
i i
i i
1 1
1 I
1 1
1 I
1 I
8. Substance Currently or Last Stored , cmoiw
in Greatest Quantity by Volume
... a... . , b. Petroleum
(Mark all that apptym)
Diesel
Kerosene
Gasoline {I'lr.linJinq alcohol blenelr.)
Used Oit
Other. Please Specify
c. Hazardous Substance
Please inrticnte Name ol Principal CERCLA Substniici-
Chemical Abstract Service (CAS) No
Mark bo* ~ if tank stores a mixture ol Substances
d. Unknown
i i
i i
i i
1 1
emu
i i
i i
i i
i i
i j
rm
cm
i i
i i
i I
"fn"'"
i i
i i
i i
i i
i i
i i
i i
i i
i i
cm
i i
i i
i i
r~ l
cm
i I
i i
i i
i i
i i
i i
i i
i i
9. Additional Information (for tanks permanently
laker out ol service)
a. Estimated (into last used (mo. yr i
b. Estimated quantity of substance remaininq (gal |
c. Mark box C3 il lank was fillnil will) inert material
(e 9 . sanr). concrete)
_—¦.—
i
t
/
/
i—i
i
(—i
i i
i i
i i
EPA Form 7590-1 (Revised 9-66) Rcv«w-
-------
37210
Federal Register / Vol. S3, Ho. 185 / Friday, September 23,1988 / Rules and Regulations
Owner Mam# (from Section I)
lcr?tien (from Section II)
Page No. of.
.Pages
10. Installation (mark all that nppfy):
0 The installer has tnei> certified by the lank -nd pipirq r.-mlar.turers,
~ TJie instnller lies been certified o» Bcrrr1"* hy lite itnpi'jntettlinq agency.
~ The installation has been inspected a:-j twW'cci by a rcgi stored pralens'onal engineer
D The inatedation has been inspected r^cvoved ty the implementing agency
1 I Ail work listed on (lie mrniiHactuier s insM.ition chc»oH:«;t? has henn crtnpteled.
I 1 Another method iv:'"s "reel as nt'o .•"'d hy fhr iinptcincnlmri pquncy Please specify.
t 1 Release Oeleclion (nvuk all tl\::t apply)
(ZD Manual tank muqin';
I 1 Tank lightness tcsMna v.iili inventory cji'lm's
1 I Autoi»vi':c lark q inqinq
~ Vapor monitor tnq
I 1 Ground-water m-nMlocng
1 1 Interstitial fnonitonMQ ivilhm a secondary burner
I 1 Inlerytitial monitornm v/illnii secondary
-------
APPENDIX D
MEDICAL WASTE TRACKING MANIFEST
-------
MEDICAL WASTE TRAC
KING FORM
1. Generator's Name and Mailing Address
2. Tracking Form Number
3. Telephone Number ( )
4. State Permit or ID No.
5. Transporter's Name and Mailing- Address
6. Telephone Number
( )
EPA Med. Waste 10 No.
1 1 1 1 1 1 1 1 1 1 1 1 1
7. State Transporter Permit or ID No.
8. Destination Facility Name and Address
9 Telephone Number
( )
10. State Permit or ID No.
11. US EPA Waste Description
12. Total No.
Containers
13. Total Weight
or Volume
a. Regulated Medical Waste (Untreated)
b. Regulated Medical Waste (Treated)
c. State Regulated Medical Waste
14. Special Handling Instructions and Additional Information
15. Generator's Certification:
Under penally ol criminal and civil prosecution lor (he making or submission ot false statements, representations. or
omissions. I declare, on behalt ol ihe generator
that the contents ot this consignment are tully and accurately described above and are classified, packaged, marked, and
labeled in accordance with all applicable State and Federal laws and regulations, and (hut I have been authorized. in writing,
to make such declarations by the person in charge ol the generator's operation.
Printed/Typed Name
Signature
Oate
<0
O
3
ft
K
(0
INSTRUCTIONS FOR COMPLETING MEDICAL WASTE TRACKING FORM
Copy 1 •- GENERATOR COPY: Mailed by Destination Facility to Generator
Copy 2 — DESTINATION FACILITY COPY; Retained by Destination Facility
Copy 3 — TRANSPORTER COPY: Retained by Transporter
Copy 4 - GENERATOR COPY: Retained by Generator
As requited under 40 CFR Part 259:
1. This mulncopy (4-page) shipping document must accompany each shipment ol reguUted medical
waste generated in a Covered Stale.
2. Hems numbered 1-14 must be completed belore Ihe generator can sign the cerlilication. Hems 4. 7.
10, 11c. & 19 are optional unless required by the State. Item 22 must be completed by Ihe
deslinalion lacilily.
For assistance m completing this lorni. contact your nearest Stale office or Regional I-PA ollice. or
call (800) 424-9346.
16. Transporter 1 (Certification ot Receipt ot Medical Waste as described in items 11. 12. & U)
Pnnied Typed Njine Signiiluie Dale
Ut
o
a.
(A
z
<
tc
17. Transporter 2 or Intermediate Handler
(name and address)
EPA Med. Waste ID No.
Ill I
18. Telephone Number
( )
19. State Transporter
Permit or ID No.
20. Transporter 2 or Intermediate Handler (Certification ol Receipt ot Medical Waste as
described in items 11. 12, & 13)
Printed/Typed Name Signaiuie
21. New Tracking Form Number (tor consolidated or remanifested waste)
X
o
H
tf
z
~-
in
ut
Q
22. Destination Facility (Certification of Receipt of Medical Waste as described in items 11. 12. & 13)
Received in accordance with items 11. 12, & 13
Punted/Typed Name Signakue U:ile
(II other than deslinalion lacilily. indicate address, phone, and permit or ID no in box 14 )
23. Discrepancy Box (Any discrepancies should be noted by item number and initials)
-------
APPENDIX E
KEEPING UP-TO-DATE WITH RCRA
-------
APPENDIX E
KEEPING UP-TO-DATE
WITH RCRA
E.l INTRODUCTION
Congress passed the Resource Conservation and Recovery Act (RCRA) in 1976 as the primary
statute for the regulation of solid and hazardous waste. Regulations promulgated pursuant to die
Act are found in 40 CFR Parts 240 to 271 and Part 124 and were subsequently amended on
November 8,1984. Both RCRA and its amendments are designed to provide for the safe
disposal of discarded materials and to regulate the management of hazardous waste. The four
specific goals of RCRA are as follows:
1. To create a "cradle to grave" system for regulating hazardous waste (i.e., a system of
controlling all aspects of hazardous waste management from the time a waste is generated
until it is properly disposed of). This system is administered by the Federal Government
except where a State has chosen to operate an "equivalent" program.
2. To encourage States to establish solid waste control plans that include provisions for closing
open dumps.
3. To encourage research and development in the field of recycling recovered materials.
4. To establish an Office of Solid Waste within EPA.
E.2 INTERNAL EPA NETWORK
The EPA provides an extensive network for the exchange and dissemination of information.
EPA's program offices can serve as clearinghouses for specific types of information. A brief
summary of the responsibilities for each of these offices is presented below so inspectors can
determine which office to contact.
EPA Office of Waste Programs Management
1. Manages the national program for compliance and enforcement under RCRA.
2. Provides policy direction to the Regions and the States.
3. Provides technical support to compliance and enforcement activities.
Keeping Up-To-Date with RCRA
Page E-l
-------
4. Identifies, assesses and recommends action on general and specific RCRA compliance and
enforcement issues.
5. Assumes responsibility for direct management of RCRA enforcement actions that are
multiregionaJ or of national significance.
6. Formulates strategies and plans, and develops program guidance for issuance to the Regional
Offices and the States.
7. Concurs in settlements of enforcement cases.
8. Develops accountability measures for the enforcement/compliance program.
9. Develops and delivers training programs on new regulations, initiatives, and policies.
EPA Office of Enforcement and Compliance Monitoring
1. Provides legal advice regarding RCRA enforcement matters to the Assistant Administrator
for Solid Waste and Emergency Response, Regional Program Offices, and Regional Counsel
Offices.
2. Acts as lead counsel on cases of national significance.
3. Develops enforcement policies and guidances in conjunction with the Office of Waste
Programs Enforcement.
4. Confers with the Department of Justice on the potential impact of enforcement policy on
litigation matters.
5. Approves all settlements of enforcement cases.
6. Evaluates and analyzes strategies and program accomplishments as national manager of
EPA's enforcement and compliance monitoring functions.
7. Reviews all case referral packages, litigation reports, and supporting documentation prior to
referral to the Department of Justice.
8. Assists and supports the Regional Counsel lead attorneys and Department of Justice
attorneys by coordinating legal activity and contributing case information to the development
process.
EPA Office of General Counsel
1. Provides legal interpretations of applicable statutes and regulations to support the RCRA
enforcement programs.
2. Has lead responsibility for defensive litigation arising out of enforcement actions (e.g.,
Federal Court challenges to EPA's civil penalty proceedings.)
Page E-2
Keeping Up-To-Date with RCRA
-------
E.3 FEDERAL INTERAGENCY COOPERATION
The Resource Conservation and Recovery Act charges EPA with the responsibility of protecting
human health and the environment by ensuring the proper management of wastes. To fulfill this
responsibility, EPA has developed cooperative mechanisms to foster working relationships with
appropriate State and Federal agencies. A few of these external agencies are:
1. NATIONAL ENFORCEMENT INVESTIGATION CENTER (NEIC) - A national
technical resource and investigative unit in Denver, Colorado.
2. U.S. DEPARTMENT OF JUSTICE (DO J) - In accordance with a memorandum of
understanding dated June 1977.
3. U.S. DEPARTMENT OF TRANSPORTATION (DOT) - In accordance with a 1980
memorandum of understanding.
4. STATE HAZARDOUS WASTE PROGRAMS - States authorized under RCRA to
administer and enforce their own hazardous waste management programs.
E.4 EPA HOTLINE
The EPA's Office of Solid Waste and Emergency Response set up a telephone call-in service to
answer any questions regarding RCRA and Superfund (CERCLA). The phone number is 202-
382-3000 (in Washington, D.C.) or toll-free 800-424-9346 (outside of the District). The hotline
staff have an up-to-date understanding of the RCRA regulatory requirements and can provide
details on changes in procedural requirements. They can also refer inspectors to the appropriate
EPA contact or reference document for further information on any issue.
E.5 EPA HEADQUARTERS
The headquarters of EPA serves as the hub from which administrative, policy and technical
information is disseminated. Regardless of the status of inspectors (Federal, State, or local), they
should not hesitate to contact EPA to obtain information that would enable them to perform their
duties more efficiendy. The following is a list of important telephone numbers at the EPA
headquarters where inspectors can obtain information not presented in this manual.
EPA Personnel Locator
202/382-2090
EPA Library
EPA Public Information Center
202/382-5921
202/646-6410
Hazardous Waste Ombudsman
202/475-9361
RCRA/Superfund Hotline
202/382-3000
Keeping Up-To-Date with RCRA
Page E-3
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APPENDIX F
TELEPHONE NUMBERS
-------
APPENDIX F
TELEPHONE NUMBERS
F.l EMERGENCY TELEPHONE NUMBERS
CHEMTREC
800/424-9300
Center for Disease Control
404/633-5313
DOT Emergency Number
800/424-8802
National Emergency Response Center 800/424-8802
S uperfund/RCRA Hot Line
800/424-9346 or 202/382-3000
F.2 THE ASTSWMO OFFICE
The Association of State and Territorial Solid Waste Management Officials (ASTSWMO) is a
nonprofit national organization of the directors of State solid and hazardous waste management
programs and their staffs.
ASTSWMO
444 N. Capitol Street, N.W.
Suite 388
Washington, DC 20001
202/624-5828
Telephone Numbers PageF-1
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GLOSSARY OF TERMS AND ACRONYMS
FOR WASTE MANAGEMENT
-------
Compiled by
Raymond De Young, Ph.D.
School of Natural Resources
The University of Michigan
Ann Arbor, Michigan, 48109-1115
February 2,1990
-------
GLOSSARY OF TERMS AND ACRONYMS
FOR WASTE MANAGEMENT
AA - An acronym for the assistant administrator of
theUSEPA.
ABS - An acronym for acrylonitrile butadiene
styrene.
ACID GAS - A byproduct of incomplete combustion
of solid waste and fossil fuels with a pH
value of less than 6.S. Byproducts most
common from the combustion of solid waste
are sulfur dioxide (SO2), hydrogen chloride
(HC1) and nitrogen oxides (NOx).
ACID RAIN - A form of pollution created by the
release of acid gases from incinerators,
factories or fossil fuel burning power plants.
Acid rain has a low pH, most commonly,
because of the presence of sulfuric or nitric
acid. More generally, any acidifying
atmospheric deposition (e.g., acid snow,
acid fog, acid fallout).
ACRYLONITRILE BUTADIENE STYRENE (ABS).
- A high durability plastic-rubber blend.
ADMINISTRATIVE ORDER - An order issued by
the EPA Administrator (or designee) to a
violator of the Resource Conservation and
Recovery Act (RCRA) provisions that
imposes enforceable legal duties (e.g.,
forcing a facility to comply with specific
regulations). There are four types of RCRA
orders: Compliance orders; Corrective
Action orders; Monitoring and Analysis
orders; and Imminent Hazard Orders.
ADMINISTRATIVE PROCEDURES ACT (APA) ¦
The Administrative Procedures Act is a
Federal statute that provides standards for
informing the public about the actions of
Federal agencies and assuring them that
their interests are properly protected.
AERATION - The process of exposing compost
material to air.
AEROBIC - Requiring the presence of free oxygen.
AG - An acronym for the attorney general of the
United States.
AGRICULTURAL SOLID WASTE - Waste,
including manure, plant stalks, hulls and
leaves, produced from farming.
AIR CLASSIFICATION - A process of separating
light from heavy shredded solid waste in an
injected air stream within a controlled
chamber.
AIR CLASSIFIER - A mechanical device that
separates solid waste into light and heavy
components by using a high speed air
stream.
AIR KNIFE - A blower device that employs an air
stream to push selected material(s) off a
conveyor.
ALLIGATOR SHEAR - See shear.
ALLOY - Metal produced by combining a basic
metal with other metals or non-metals to
attain certain properties.
ALUMINA - The oxide of aluminum (AL2O3)
produced by the chemical processing of
bauxite.
ALUMINUM - A ductile, silvery white metallic
element Its symbol is AL.
ALUMINUM BRASS - Brass to which aluminum
has been added to improve resistance to
corrosion.
ALUMINUM BRONZE - Copper aluminum alloys.
AMBER CI IT .1 FT - Broken brown glass containers.
Page 1
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AMBIENT MOISTURE - The amount of moisture
from the surrounding air permissible in a
shipment of secondary material.
AMERICAN PAPER INSTITUTE (API) - An
organization based in New York City
representing paper and papeiboard
producers.
ANAEROBIC - In the absence of free oxygen.
ANIMAL BEDDING - An agricultural product,
occasionally made from waste paper, for use
in livestock quarters.
ANTI-SCAVENGE ORDINANCE - A governmental
regulation prohibiting the unauthorized
collection of secondary materials set out for
pick up by a designated collector.
AO - Administrative Order, issued from the USEPA.
API - An acronym for the American Paper Institute.
AQUIFER - Rock or sediment in a formation, group
of formations, or part of a formation that is
saturated and sufficiently permeable to
transmit significant quantities of water to
wells and springs.
ARAR - An acronym for applicable or relevant and
appropriate requirement.
ARTESIAN AQUIFER - See confined aquifer.
ASH - The residue that remains after a solid waste or
fossil fuel has been incinerated.
ASPHALT-RUBBER - See rubber-asphalt.
ASSOCIATION OF STATE AND TERRITORIAL
SOLID WASTE MANAGEMENT
OFFICIALS (ASTSWMO) - An
organization based in Washington, D.C.,
consisting of state agencies charged with
regulating landfill disposal and incineration.
ASTSWMO - An acronym for the Association of
State and Territorial Solid Waste
Management Officials.
AT-THE-DESK-SEPARATION - The sorting and
storage of recyciaole office papers on or
beside the employee's desk.
AUTO TIE - A mechanical device that automatically
wraps a bale with wire.
AUTO WRECKING - Dismantling of scrap
automobiles to recover reusable and
recyclable materials, followed by crushing
and/or shredding.
AVOIDED COSTS - Solid waste management cost
savings resulting from a recycling program.
One cost saving can be avoided disposal
fees. Another avoided cost can be the saving
in garbage collection costs through rerouting
and extended truck life.
BACK END SYSTEM - The portion of a resource
recovery facility where reclaimed materials
are extracted from the residue of incinerated
municipal solid waste.
BACKHAUL - The shipping of secondary materials
by truck in cases where the trucker normally
would be returning empty.
BACKYARD COMPOSTING - The controlled
biodegradation of leaves, grass clippings
and/or other yard wastes on the site where
they were generated.
BACT - Best available control technology for control
of pollution, as defined by EPA.
BACTERIA - Single-cell, microscopic organisms,
some of which are important in the
treatment of solid waste. Bacteria can be
aerobic (requiring oxygen to live), anaerobic
(able to live without oxygen) or facultative
(able to live with or without oxygen). Some
bacteria are pathogenic, able to cause
disease in humans.
BAGHOUSE - An air pollution control device which
uses a large filter bag to trap particulate
emissions before they are released to the
atmosphere.
BALE - A densified and bound cube of recyclable
material, such as waste paper, scrap metal or
rags.
BALE TIE - Annealed wire used to secure waste
paper, scrap metals, textiles and other
secondary materials in bales.
Page 2 - Glossary
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BALER - A machine used to compress and bind
collected materials into high density cubes,
thereby reducing the shipment and storage
volume.
BALING - The process of forming a bale in a baling
press by compression and binding.
BALLISTIC SEPARATOR - A device used in some
composting operations that separates
inorganic materials from organic matter.
BASIC OXYGEN FURNACE (BOF) - A steel
production furnace which oxidizes molten
pig iron. In some furnaces, ferrous scrap can
be used for a small portion of the furnace
charge (up to 35 percent). Pure oxygen
enters the furnace at high speeds by a lance
immersed in the charge.
BAUXITE - The ore from which most aluminum is
made, usually containing 45 to 60 percent
aluminum oxide.
BENEFICATION - See beneficiation.
BENEFICIATION - In recycling, the mechanical
process of removing contaminants and
cleaning scrap glass containers.
Beneficiation was originally a mining
industry term for the treatment of a material
to improve its form or properties, such as
the crushing of ore to remove impurities.
BEST ENGINEERING JUDGMENT (BEJ) - The
specific requirements an owner or operator
of a hazardous waste facility must comply
with are developed for each specific facility
by permit writers, based on their best
engineering judgment and the requirements
of RCRA. Such requirements are then
incorporated into the facility's operating
permit
BEVERAGE INDUSTRY RECYCLING
PROGRAM (BIRP) - A state coalition of
beverage producers, packagers, wholesalers
and retailers that undertake activities in
support of recycling, particularly buy back
centers. BIRP systems operate in a handful
of states.
BI-METAL CAN - A beverage container with a steel
body and aluminum top.
BIENNIAL REPORT - A report (EPA Form 8700-
13A) submitted by generators of hazardous
waste to the Regional Administrator due
March 1 of each even numbered year. The
report includes information on the
generator's activities during the previous
calendar year. The owner or operator of a
treatment, storage, and disposal facility must
also prepare and submit a biennial report
using EPA Form 8700-1313.
BILL OF LADING - A form that accompanies a load
of secondary materials and acknowledges
the receipt of goods for shipment.
BINDERS WASTE - The waste paper trimmings
generated in a book bindery.
BIOACCUMULATION - The accumulation of
potentially toxic substances in organisms at
successively higher levels on the food chain.
Due to the inability of the body to efficiently
rid itself of certain substances (e.g., heavy
metals, chlorinated hydrocarbons) they can
concentrate as much as a million fold in
organisms high on the food chain. Also
called biomagnification.
BIOCONVERSION - The conversion of organic
waste by means of biological decomposition
by bacteria and/or fungi to produce usable
gases or compost products.
BIODEGRADABLE - A material is considered
biodegradable when it can be consumed by
organisms and broken down to simple
substances such as carbon dioxide and
water.
BIRP - An acronym for a Beverage Industry
Recycling Program.
BIWEEKLY SERVICE - Generally used, every other
week service. Less commonly used, it
means twice-per-month service.
BLANK NEWS - Unprinted newsprint, commonly
generated by publishing plants.
BLEED TRIM - Printed, clean, all white book paper
trimmings prepared for recycling.
Glossary - Page 3
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BLOCK-LEADER PROMOTION - The use of
volunteers to promote recycling collection
service in a specific block or neighborhood.
BOBCAT - A small front-end loader used to move
secondary materials in a processing plant
Bobcat is a trade name synonymous with
this type of equipment.
BOF - An acronym for basic oxygen furnace.
BOGUS CORRUGATING MEDIUM - The fluted
middle of corrugated containers made
entirely from waste paper.
BOTTLE BANK - A mobile, divided bin used for
receiving, storing and transporting glass
containers for recycling.
BOTTLE BELL - A generic term for container
deposit legislation.
BOTTOM ASH - The residual solids left over after
incineration of waste. Also called residue.
BOYSNC - An acronym for beginning-of-year
significant non-compliers.
BOX CLIPPINGS - Waste paper recovered in box
plants. Also called boxboard cuttings.
BOXBOARD - Paperboard used in the manufacture
of cartons and rigid boxes.
BOXBOARD CUTTINGS - See box clippings.
BRASS - A copper-zinc alloy.
BRIQUET - A very dense brick of processed scrap
metal.
BRIQUETTER - A machine that produces briquets.
BRITISH THERMAL UNIT (BTU) - A measure of
heat energy. The energy required to raise the
temperature of 1 pound of water from 60
degrees F to 61 degrees F at sea level. One
pound of solid waste usually contains 4,500
to 5,000 BTUs.
BROKE - Paper that has been discarded at a mill
during manufacture, commonly as
trimmings or spoiled paper. It can include
both finished, dry paper as well as paper
from the wet press of a papa: machine.
Nearly all broke is repulped.
BROKER - A firm that purchases secondary
materials from processors for resale to
consumers, acting an intermediary in the
marketplace. A broker typically does not
take physical possession of the secondary
materials.
BRONZE - An alloy of copper and tin.
BROWN GOODS - Obsolete electronic products,
such as radios, stereos and televisions. See
also white goods.
BTU - An acronym for British thermal unit
BULK GRADES - The high volume grades of post
consumer waste paper including old
newspaper, old corrugated containers and
mixed waste paper.
BULK-CULLET BOX - A pallet sized reusable
corrugated container used to ship cullet. See
also Gaylord container.
BULKY WASTE - Large waste such as furniture,
appliances, tires, branches, stumps and trees.
BUY BACK CENTER - A facility at which
reclaimed waste material is purchased from
the public or waste brokers to be
reintroduced to the commodity market in a
raw or processed form.
BUY-BACK - The repurchase of recyclable products
from the public.
BUY-BACK RECYCLING CENTER - A
commercially located, staffed recycling
facility that purchases small amounts of post
consumer secondary materials from the
public. Buy back centers typically purchase
aluminum cans and may also handle glass
containers and newspaper. Little processing
of materials occurs at buy-back centers.
BUY-LINE - An integrated set of buy-back recycling
center equipment that allows for the
efficient weighing and purchase of used
aluminum beverage cans.
Page 4 - Glossary
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BY-PRODUCT - A material produced without
separate commercial intent during the
manufacture or processing of other
materials.
CA - An acronym for corrective action.
CAA - An acronym for the Clean Air Act
CAN SEPARATOR - A machine developed in the
1970s to separate ferrous cans from
aluminum beverage cans. See also magnetic
separator.
CAP/COVER - Cover is the soil applied over waste
at the end of each working day at a landfill.
A cap is a permanent layer of impervious
material (e.g., clay, polyethylene liner, PVC
liner) added to the cover upon closure of a
landfill.
CAPACITY - A measure of the maximum output
under normal operating conditions.
CAPITAL COSTS - Outlays'for real property, plant,
equipment and other depreciable
investments.
CARBON BLACK - A reinforcing material used in
tire manufacture.
CARBON DIOXIDE (CO2) - A colorless, odorless,
nonpoisonous gas that is produced during
the incineration and decomposition of solid
waste. When mixed with water it forms
carbonic acid, which may contribute to acid
rain and the greenhouse effect
CARBON MONOXIDE (CO) - A colorless,
poisonous gas that is produced during the
incineration of solid waste when the oxygen
supply is limited. Once released into the
atmosphere, CO can be oxidized to form
carbon dioxide and may contribute to acid
rain and the greenhouse effect
CARCASS - The foundation structure of a tire,
including sidewalls, bead and cord.
CAST IRON - A generic term for a series of alloys of
iron, carbon and silicon.
CBI - An acronym for confidential business
information.
CDI - An acronym for case development inspection.
CEI - An acronym for compliance evaluation
inspection.
CELLULOSE - A carbohydrate (i.e., a substance
containing carbon, hydrogen and oxygen)
that is a major component of the cell walls
of many plants. Paper is almost totally
cellulose. Wood is about 40 percent
cellulose.
CELLULOSE INSULATION - Blow in insulation
produced from shredded and chemically
treated old newspapers.
CERCLA - An acronym for the Comprehensive
Environmental Response, Compensation,
and Liability Act Also known as
"Superfund".
CERCLIS - An acronym for the CERCLA
Information System.
CFR - An acronym for the Code of Federal
Regulations.
CHAIN-FLAIL CRUSHER - A simple, low-volume
glass container crusher using a motor driven
chain.
CHARACTERISTICS - EPA has identified four
characteristics of a hazardous waste:
Ignitability; Corrosivity; Reactivity; and EP
Toxicity. Any solid waste that exhibits one
or more of these characteristics is classified
as a hazardous waste under RCRA.
CHARGE - The quantity of materials fed to a
furnace.
CHARGING HOPPER - The device used to feed
refuse into an incinerator.
CHEMICAL PULP - Pulp produced by breaking
down wood into fibers by use of chemicals.
CHIPPER - A device using sharp blades attached to a
rotating shaft to shave off pieces of an item.
CHLORINATED HYDROCARBON - Synthetic
organic molecules in which one or more of
the hydrogen atoms are replaced with
Glossary - Page 5
-------
chlorine atoms. These compounds are non-
biodegradable and, therefore, pose a
potential health hazard. Many have been
shown to produce cancer in laboratory
animals. Also referred to as
organochlorides.
CIVIL ACTION - A law suit filed in court against a
person who has either failed to comply with
statutory or regulatory requirements or an
administrative order or has contributed to a
release of hazardous wastes or constituents.
There are four types of civil action:
compliance; corrective; monitoring and
analysis; and imminent hazard.
CLAMSHELL BUCKET - A materials handling
device used to hoist and move materials. It
consists of two jaws that clamp together
when lifted by specially attached cables.
CLASSIFICATION - The act of separating waste
materials manually, by screening, or by air
classification into categories of size, weight,
and/or color.
CLAW TRUCK - A specially designed attachment to
a front-end loader used to pick up loose yard
waste at the curb.
CLEAN AIR ACT (CAA) - This act contains
regulations for the prevention and control of
discharges into the air of substances that
may harm public health or natural resources.
Included are both stationary sources of
pollution (e.g., factories) and mobile sources
(e.g., cars, trucks, aircraft). See 40 CFR 50-
80.
CLEAN WATER ACT (CWA) - This act provides
the legislative vehicle for regulating the
discharge of non-hazardous waste into
surface waters by municipal sources,
industrial sources and other specific and
non-specific sources. The act's ultimate goal
is to eliminate all discharges into surface
waters. Its interim goal is to make all
surface waters usable for fishing and
swimming. See 40 CFR 100-140,40 CFR
400-470.
CLOSURE - The act of securing a waste
management facility or unit pursuant to the
requirements of 40 CFR Part 264. The
owner or operator of a waste facility is
expected to close the facility in a manner
that minimizes the need for further
maintenance, and controls, minimizes or
eliminates, to the extent necessary to
prevent threats to human health and the
environment, postclosure escape of waste. A
written closure plan must be submitted and
approved.
CME - An acronym for comprehensive ground water
monitoring evaluation.
CMEL - An acronym for compliance monitoring
evaluation log.
CMI - An acronym for corrective measures
implementation.
CMS - An acronym for coirective measures study.
CO-COMPOSTING - The composting of municipal
solid waste and wastewater treatment plant
sludge.
CO-MINGLE (or COMMINGLE) - To blend
together similar recycled materials - such as
mixed brown, green, and clear glass - but
separate from disposable materials in the
waste stream.
CODE OF FEDERAL REGULATIONS (CFR) - A
document containing all finalized federal
regulations. Normally the CFR is referenced
as: 40 CFR Section 261.
COGENERATION - The production of both steam
and electricity by a power generation facility
(e.g., a waste-to-energy facility).
COLLECTION - The process of picking up wastes -
at homes, businesses, institutions and other
locations - loading them into an enclosed
collection vehicle, and hauling for
processing.
COLLECTION CENTER - A site designed to accept
secondary materials (e.g., glass, newsprint,
aluminum cans) from individuals. See drop-
off center.
COLLECTION FREQUENCY - The schedule for
recycling collection service (e.g., weekly,
monthly, etc.).
Page 6 - Glossary
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COLLECTION ROUTES - The authorized routes
followed by collection vehicles for the
process of collection.
COLLECTION SYSTEM - The combination of
people and equipment used in the collection
of solid wastes. Solid waste collection
systems may be classified to include mode
of operation, equipment used, or types of
wastes collected.
COMPACTOR COLLECTION VEHICLE - A large
vehicle with an enclosed cargo area having
special power-driven equipment for loading,
compressing, and distributing wastes within
the body of the vehicle.
COMPATIBILITY - The ability of materials to exist
together without adverse environmental
effects or health risks. Primarily applied to
waste fluid combinations and liner
materials.
COLORED LEDGER - See sorted color ledger.
COMBINATION BOARD - See recycled
paperboard.
COMBUSTION - The ignition of oxygen with an
organic substance that results in the
production of energy.
COMBUSTION AIR - Air blown into a furnace to
provide oxygen to the fire for the burning of
refuse. Commonly, the combustion air is
blown from under the grate (underfire air)
and directly into and over the flame
(overfire air). To ensure complete
combustion, more air than necessary usually
is blown into the furnace (excess air).
COMMERCIAL SOLID WASTES - Solid wastes
generated by wholesale, retail or service
businesses, and multi-unit residential
structures. Some communities define
institutional solid wastes as commercial
solid wastes. Commercial solid wastes are
one form of municipal solid wastes.
COMMINGLED COLLECTION - The pick up of
several recyclable materials mixed together.
COMMON CARRIER - A firm licensed to ship
materials for a fee.
COMPACTING DROP BOX - A roll-off box
attached to a compacting device for
receiving and compressing a secondary
material, such as old corrugated containers.
COMPACTOR - A power driven device used to
compress and reduce the volume of wastes
or secondary materials.
COMPLIANCE ORDER/ACTION - An order or
action issued under Section 3008 (a) of
RCRA, requires any person who is not
complying with a requirement of RCRA to
take steps to come into compliance.
COMPONENT SEPARATION - The separation of
wastes into classes. Classes include paper,
cardboard, plastics, food waste, glass,
metals, yard waste, leather, rubber, and
miscellaneous other materials.
COMPOSITION - Description of the components of
solid waste, with the amount of each
component expressed as a percentage of the
total waste.
COMPOST - As a noun, a mixture of organic wastes
aerobically decomposed to an intermediate,
relatively stable state. Compost can be used
as a soil conditioner. As a verb, to decay.
COMPOSTING - The controlled disposal of solid
organic wastes by means of biological
decomposition to a state where the product,
compost, is environmentally inert Compost
is used as a soil conditioner. Composting
can be conducted out-of-doors in windrows
or in mechanical aeration tanks within a
resource recovery facility.
COMPOSTING FACILITY - A facility that
stabilizes solid waste by using
microorganisms to aerobically decompose
all organics within the waste. The end
product contains only inert (nonreactive)
compounds, which can be safely stored,
handled, and applied to land.
COMPREHENSIVE ENVIRONMENTAL
RESPONSE, COMPENSATION and
LIABILITY ACT (CERCLA) - This act,
Glossary - Page 7
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passed in 1980, is commonly known as
"Superfund." CERCLA gives the Federal
government the power to respond to
releases, or threatened release, of any
hazardous substance into the environment as
well as to a release of a pollutant or
contaminant that may present an imminent
and substantial danger to public health or
welfare. CERCLA established a Hazardous
Substance Trust Fund (Superfund), which is
available to finance responses taken by the
Federal Government Spills or other releases
of significant quantities of a substance listed
as hazardous must be reported at once to the
National Response Center at (800) 424-
8802. See 40 CFR 300.
COMPUTER PRINTOUT (CPO) - As a paper stock
grade, consists of white sulfite and sulfate
papers in forms manufactured for use in data
processing machines. All stock must be
untreated and uncoated.
CONFINED AQUIFER (ARTESIAN AQUIFER) -
An aquifer which is overlain by
impermeable strata (confining beds).
CONSERVATION - The preservation and wise use
of natural resources.
CONSTRUCTION AND DEMOLITION WASTE -
Waste material produced in the construction,
remodeling repair or demolition of
buildings, homes, industrial plants,
pavements and structures.
CONSTRUCTION WASTES - Wastes produced in
building homes, offices, industrial plants,
etc. The materials usually include lumber,
miscellaneous metal parts, packaging
materials, etc.
CONSUMER - See end user.
CONSUMPTION - The amount of any resource or
energy used in a given time by a given
number of people.
CONTAINER CULLET - Broken scrap glass bottles
and jars. See also cullet
CONTAINER DEPOSIT LEGISLATION - A law
requiring deposits on specific beverage
containers, such as beer and soft drink
containers. An idiomatic term is botde bill.
CONTAINMENT - Any method or technology that
prevents migration of waste into the
environment.
CONTAMINANT - (1) Any solute that enters the
hydrologic cycle through human behavior,
or (2) a material that is harmful to the
recycling process when included with a
recyclable material. Called contraries in
some countries.
CONTAMINATION - Impurity.
CONTINGENCY PLAN - A document setting out an
organized, planned, and coordinated course
of action to be followed in case of a fire or
explosion or a release of hazardous waste or
hazardous constituents from a treatment,
storage, or disposal facility that could
threaten human health or the environment.
CONVEYOR - A mechanical device used to move
materials between operations.
COPPER - Malleable, ductile, reddish brown metallic
element Its symbol is Cu.
CORRECTIVE ORDER/ACTION - An order EPA
issues that requires corrective action under
RCRA Section 3008(h) at a facility when
there has been a release of hazardous waste
or constituents into the environment.
Corrective action may be required beyond
the facility boundary and can be required
regardless of when the waste was placed at
the facility.
CORRUGATION MEDIUM - Ruled paperboard
used in making corrugated boxes.
C/PC - An acronym for closure/post-closure.
CPO - An acronym for computer printout waste
paper.
CRIMINAL ACTION - A prosecuting action taken
by the U.S. Government or a State towards
any person(s) who has knowingly and
willfully not complied with the law. Such an
action can result in the imposition of fines or
imprisonment
Page 8 - Glossary
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CRITERIA POLLUTANTS - Those airborne
chemical pollutants used to define the
National Ambient Air Quality standard. In
accordance with the Gean Air Act, these
include carbon monoxide, ozone, lead,
sulfur dioxide, nitrogen oxides and
hydrocarbons.
CRUMB RUBBER - Ground or shredded rubber.
CRUSHER - A mechanical device used to break
secondary materials such as glass bottles
into smaller pieces.
CRYOGENIC PROCESSING - The freezing and
cracking of secondary materials to assist in
separation.
CSI - An acronym for compliance sampling
inspection.
CULLET - Broken scrap glass material, usually
prepared in uniform, small pieces. See also
container cullet.
CURBS IDE RECYCLING - The generic term for
scheduled recycling collection service to
households. Some curbside recycling
collection programs collect from alleys.
Typically, curbside recycling does not refer
to service to multi-family dwellings.
CWA - An acronym for the Clean Water Act.
DAA - An acronym for the deputy assistant
administrator of the USEPA.
DAILY CAPACITY - The amount of waste - usually
expressed as weight in tons - capable of
being processed or landfilled each day at a
facility.
DECOMPOSITION - The breakdown of organic
wastes by various means. Complete
chemical oxidation leaves only carbon
dioxide, water, and inorganic solids.
DEINK HIGH GRADES - Printed waste paper that
can be deinked, such as white ledger.
DEINKED PAPER STOCK - The pulp made from
waste paper deinking.
DEINKING (or DE-INKING) - The removal of ink,
filler and other non-fibrous material from
recycled newspaper as part of the pulping
process. After deinking, the pulp is reused
to make new paper products.
DELACQUER - Process used to remove lacquer
from scrap metals, such as aluminum cans.
DEMOLITION WASTES - Bulky wastes produced
from the destruction of buildings, roads,
sidewalks, etc. These wastes usually
include large, broken pieces of concrete;
miscellaneous construction metals; bricks;
and glass.
DEMURRAGE - (1) The detention of a truck or
railroad car for the loading or unloading of
secondary materials, or (2) the
compensation paid to the shipper for
detaining the truck or railroad car.
DENSE MEDIA SEPARATOR - Equipment used to
"float" recoverable material of a lighter
density from the bulk of the waste stream.
DENSIFIER - A machine developed in the 1980s to
compress used aluminum cans into a small,
dense brick.
DENSITY - The mass divided by the volume at a
stated temperature.
DEPOSIT - Money paid for an item which is
refunded upon return of the used product.
DESIGNATED FACILITY - A hazardous waste
treatment, storage, or disposal facility which
has received an EPA, or state, permit (or has
interim status) and has been designated on
the manifest by the generator as the facility
to which the generator's waste should be
DEEP-WELL INJECTION - The subsurface delivered,
implacement of fluids through a bored,
drilled or driven well, or through a dug well DESTRUCTION REMOVAL EFFICIENCY (DRE)
whose depth is greater than the largest - A specific mathematical formula used to
surface dimension. determine how efficiently an incinerator
works. By law, incinerators must destroy
Glossary - Page 9
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and remove 99.99 - 99.9999% of each
POHC. See 40 CFR Part 264.343.
DETECTION LEVEL - The minimum concentration
of a substance which analytical techniques
can detect with some degree of accuracy in
various environmental samples such as
groundwater or soil
DETINNING - The chemical separation of tinplated
steel, including scrap tin cans, into
recyclable tin and steel.
DEVULCANIZATION - The processing of scrap
tires by use of a thermochemical reaction.
DIGESTION - The decomposition of processed
organic wastes to methane and carbon
dioxide under anaerobic (oxygen-starved)
conditions.
DIOXIN (Polychlorinated dibenzo dioxins, PCDDs) -
A synthetic organic compound made up of
chlorinated hydrocarbons known to cause
such things as birth defects, skin disorders,
liver damage, immune system suppression
and cancer in laboratory animals at
extremely low doses. Dioxin is produced in
the combustion of solid waste and in the
manufacturing of certain herbicides and
wood preservatives. It has become a
widespread environmental pollutant.
DISCHARGE - The accidental or intentional spilling,
leaking, pumping, pouring, emitting, or
dumping of waste onto any land or into any
water.
DISMANTLER - An individual or firm that takes
apart items for reuse and recycling, such as
scrap autos or appliances.
DISPOSAL - All activities associated with the long-
term handling of both collected solid wastes
and residual wastes that occur after solid
waste is processed or recovered for
conversion products. Ultimate disposal of
wastes is usually accomplished by means of
sanitary landfilling.
DISPOSAL COST SAVINGS - Savings of reduced
waste hauling requirements, avoided tipping
fees and other operational cost savings
related to waste disposal because of the
operation of a recycling program.
DISPOSAL FACILITY - A facility or part of a
facility at which solid and/or hazardous
waste is intentionally placed into or on any
land or water, and at which waste will
remain after closure.
DISPOSAL SURCHARGE - A special fee levied
against waste disposal volumes.
DIVERSION CREDIT - See waste diversion credit
DIVERSION RATE - The amount of municipal solid
waste diverted from disposal through
reduction, reuse and recycling efforts.
DIY - An acronym for a do-it-yourself used oil
changer.
DOE - An acronym for the Department of Energy.
DO-IT-YOURSELF USED OIL CHANGER (DIY) -
An individual who removes used motor oil
from an automobile, truck, boat, etc.
DOJ - An acronym for the Department of Justice.
DOMESTIC CULLET - Cullet generated from
within a glass production facility. Also
termed factory cullet.
DOMESTIC WASTE - See residential solid waste.
DOOR HANGER - A printed card, distributed to
households and hung on a door, promoting a
recycling service.
DOOR TRADE - The volume of a dealer's or
processor's business from purchasing
materials delivered by peddlers, scavengers,
individuals and other independent suppliers.
Also see over-the-scale trade.
DOT - An acronym for the Department of
Transportation.
DOWNGRADE - To purchase a shipment of a
secondary material at a grade lower than
intended because the shipment does not
conform to the grade specified.
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DOWNSTROKE BALER - A baling device in which
the compression ram and platen move down
vertically in the chamber.
DRAINED WHOLE BATTERIES - A scrap metal
grade consisting of lead acid batteries free
of liquid and extraneous material content
DRTVEBYS - The number of households or
businesses on a specific recycling collection
route(s). This is the theoretical service
population, given participation by all
potential households or businesses.
DROP BOX - A rectangular metal box, generally
ranging from 10 to 40 cubic yards in
volume, that can be transported and dropped
by a truck.
DROP-OFF CENTER - A recycling collection
location where citizens can deliver separated
secondary materials, such as newspapers,
glass containers and metal cans. The typical
center is unattended.
DROSS - Extraneous metallic matter created in the
melting process.
DRY SCRUBBER - An air pollution control device
which removes particulate and gaseous
pollutants from exhaust emissions by
injecting a reagent into the exhaust flue of a
combustion chamber.
DUMP - See open dump.
DUMP-AND-PICK - The recovery of secondary
materials from mixed waste loads, often
using manual sorting.
DURABLE - Lasting in spite of extensive use.
DURABLE GOODS - Products designed for long
term use, such as furniture, tires and
appliances..
EDDY CURRENT SEPARATION - The separation
of nonferrous scrap metals from mixed
materials. The mixed materials pass through
a varying magnetic field, creating eddy
currents in the nonferrous scrap. These
currents counteract with the magnetic field
and exert a repelling force on the metals,
thus separating the metals from the other
materials.
ELECTRIC-ARC FURNACE - A metal recycling
fumace generating heat by using an electric
arc between carbon electrodes and the
furnace charge. In electric arc steel furnaces
the charge is almost entirely ferrous scrap.
ELECTRODYNAMIC SEPARATOR - Equipment
used to induce a magnetic field in the waste
stream, usually on a conveyor belt, that
causes a field of opposite magnetic polarity
to push normally non-magnetic white
materials (aluminum cans) out of the waste
stream for recycling. Also referred to as an
eddy-current separator.
ELECTROSTATIC PRECIPITATOR (ESP) - An air
pollution control device which traps
electrically charged particles out of an air
emissions exhaust stream by attracting them
to plates with an opposite electrical charge.
ELUTRIATION - The separation of small, light-
density particles (usually resulting from
shredding and screening operations) from
coarser particles by using an upward flow of
air passing through a screen.
EMERALD GREEN - A color of green glass
containers.
END USER - Mills and other industrial facilities
where secondary materials are converted
into new materials. Paper mills, steel mills
and glass container production plants are
examples of end users.
ENDANGERED AND THREATENED SPECIES -
Species whose populations are so reduced in
number or whose range is so limited in
geographic extent that further reduction in
numbers or in size of available habitat could
inalterably reduce the breeding success of
the species and lead to subsequent
extinction. These species are listed in
Section 4 of the Endangered Species Act
ENERGY BALANCE - An accounting of the energy
flows entering and leaving a processing
system (such as an incinerator and power
cycle), usually on an hourly basis.
Glossary - Page 11
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ENERGY RECOVERY • A form of resource
recovery in which the organic part of the
waste in converted to usable energy. Energy
recovery from processed or raw refuse is
achieved through combustion of the waste to
produce high pressure steam used in an
electric generation facility, through
pyrolysis to produce an oil or gas product,
and through anaerobic digestion to produce
methane gas.
ENERGY SALES CONTRACT - The contract
between the facility owner and a utility
wherein the utility agrees to purchase
electric power generated from the
combustion of waste. The Public Utilities
Regulatory Policies Act of 1978 (PURPA) is
the national governing legislation for these
transactions.
EP TOXICITY - A test, called the extraction
procedure (EP), that is designed to identify
wastes likely to leach hazardous
concentrations of a particular toxic
constituent into the ground water as a result
of improper management. It is a
characteristic of hazardous waste.
EPA - An acronym for the U. S. Environmental
Protection Agency.
EPA IDENTIFICATION NUMBER - The unique
number assigned by EPA to each generator
or transporter of hazardous waste, and each
treatment, storage, or disposal facility.
EPI - An acronym for the environmental priorities
initiative.
ERP - An acronym for enforcement response policy.
ESP - An acronym for electrostatic precipitator.
EXCEPTION REPORT - A report that generators
who transport hazardous waste off-site must
submit to the Regional Administrator if they
do not receive a copy of the manifest signed
and dated by the owner or operator of the
designated facility to which their waste was
shipped within 45 days from the date on
which the initial transporter accepted the
waste.
EXISTING FACILITY - A hazardous waste
management facility which was in operation
or for which construction began on or before
November 19,1980.
EXPORT CONTAINER - A stackable metal
container, typically between 20 and 45 feet
in length, used to transport secondary
materials by ship.
EXPORT DENSITY - The preferred density of a
processed secondary material destined for
shipment to another country.
EXPOSURE PATHWAYS - The environmental
routes through which living organisms can
be exposed to toxic materials.
EXTRUSION - Products formed by pushing material
through a die on a special machine.
F.O.B. - An acronym for free on board.
FACTORY CULLET - See domestic cullet.
FAULT - A break in the earth's crust along which a
measurable amount of movement has taken
place.
FEASIBILITY STUDY - A planning document used
as a first step to determine what types of
waste management should be practiced, as
well as their capital and operating costs,
environmental effects, and recommended
schedule of implementation. Also referred
to as a planning study.
FEDERAL HAZARDOUS SUBSTANCES ACT
(FHSA) - This act allows the Consumer
Product Safety Commission to ban or
regulate hazardous materials produced for
use by consumers. Under the act, the
commission has labeling authority over
consumer products that are toxic, corrosive,
flammable, irritant or radioactive. See 16
CFR 1500-1512.
FEDERAL INSECTICIDE, FUNGICIDE, AND
RODENTICIDE ACT (FIFRA) - This act
provides regulatory authority for registration
and use of pesticides and similar products
intended to kill or control insects, rodents,
weeds and other living organisms. See 40
CFR 162-180.
Page 12 - Glossary
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FEDERAL REGISTER (FR) - A document published
daily by the Federal government that
contains either proposed or final regulations.
FEEDSTOCK - A raw material used during
production processes.
FERROUS - Pertaining to or derived from iron. Most
ferrous metals are magnetic.
FERROUS METALS - Any metal containing a high
percentage of iron. In the waste stream,
these metals usually include cans,
automobiles, refrigerators, stoves, etc.
FFCA - An acronym for the federal facility
compliance agreement.
FFIS - An acronym for the federal facility
information system.
FHSA - An acronym for the Federal Hazardous
Substances Act.
FIFRA - An acronym for the Federal Insecticide,
Fungicide, and Rodenticide Act.
FIFTH WHEEL - The device used to attach a trailer
to a truck.
FINAL STATUS - A hazardous waste management
facility that has interim status acquires final
status when final administrative disposition
has been made of its permit application.
FLAIL MILL - Rotating equipment using chains to
open or spread solid waste and shred or
crush material such as paper, cardboard, or
glass.
FLASH POINT - The lowest temperature at which a
liquid will give off enough flammable vapor
at or near its surface so that a spark or flame
will ignite it in air.
FLINT CULLET - Broken, clear glass containers.
FLOODPLAIN - The flat areas adjacent to stream
channels and covered by water during
periods of flooding.
FLOW CONTROL - A regulation or ordinance used
by a governmental agency to assure that
collected solid wastes are destined for a
waste-to-energy facility. Some flow control
regulations prohibit or restrict free market
access to secondary materials.
FLUE - Chimney carrying the hot gas products of
combustion within the incinerator stack.
FLUFFER - A device used to fluff waste paper in
order to improve baling effectiveness.
FLUIDIZED BED - A type of combustion system,
often favored for sludge disposal, that mixes
combustible waste materials with very hot
sand that is fluidized by hot air. Energy
recovery is possible using a waste heat
boiler.
FLY ASH - Small solid particles of ash artd soot
generated when wastes are burned. (See
Baghouse and ESP)
FOIA - An acronym for the Freedom of Information
Act
FOOD WASTES - Animal and vegetable wastes
resulting from the preparation, cooking, and
serving of foods; commonly called garbage.
FOOD-CHAIN CROPS - Crops grown for human
consumption and crops grown to feed
animals.
FORCED DEPOSITS. A term for container deposit
legislation used by opponents of such
measures. See container deposit legislation.
FOREIGN CULLET - A glass industry term for
cullet supplied to a glass producer from an
outside source.
FORKLIFT TRUCK - A motorized vehicle that
moves materials using a power operated
pronged platform that can be raised and
lowered.
FOSSIL FUELS - Fuel products formed naturally in
the environment, including coal, oil, and
natural gasc
FLOOR PRICE - The minimum or base price in a
secondary material purchase contract
Glossary - Page 13
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FOUNDRY - An industrial establishment for the
production of metal casings, often using
scrap metals.
FR - An Acronym for the Federal Register.
FREE ON BOARD (F.O.B.) - The location from
which a purchase is transacted. Some buyers
purchase secondary materials f.o.b. the
supplier's site and pay for shipping. Others
pay f.o.b. the buyer's plant, thereby
requiring the supplier to pay for shipping.
FRONT END RECOVERY - A solid waste handling
system which combines mechanical
separation and resource recovery of paper,
glass, metals and compostable organics from
unprocessed solid waste prior to detailed
processing or incineration. Solid waste
volumes may be reduced by IS percent in
the process. Also see intermediate
processing center and materials recovery
facility.
FRONT-END LOADER - (1) A solid waste
collection truck which has a power driven
loading mechanism at the front. (2) A
vehicle with a power driven scoop or bucket
at the front, used to load secondary materials
into processing equipment or shipping
containers.
FRONT-END SYSTEMS - Any processes used for
the separation of the mass of solid wastes
into individual component materials for
subsequent conversion. (See Rear-End
Systems)
FULLY ALLOCATED COSTS - The assignment of
all known costs of recycling to the program,
including the portion of costs shared with
other operations or programs.
FURANS (Polychlorinated dibenzo furans, PCDFs) -
These compounds are very similar to
dioxans, both in their molecular structure
and their physiological effects.
FURNISH - The mixture of various materials used in
making a type of paper or paperboard.
FY - An acronym for fiscal year.
GARBAGE - (1) Discarded food wastes. (2) Wastes
likely to decompose.
GAYLORD CONTAINER - The trade name for a
large reusable corrugated container used for
shipping materials (dimensions
approximately 40 by 48 by 37 inches).
GENERATE - To originate or produce.
GENERATOR - As defined under RCRA a generator
is any person who first creates a hazardous
waste, or any person who first makes the
waste subject to the Subtitle C regulations
(e.g., imports a hazardous waste, initiates a
shipment of a hazardous waste from a
treatment, storage or disposal facility (TSD)
or mixes hazardous wastes of different
Department of Transportation (DOT)
shipping descriptions by placing them into a
single container). In more general usage, a
generator is an individual, company,
organization or activity that produces wastes
or secondary materials.
GEORGIA GREEN - A color of green glass
containers.
GLASPHALT - An alternate spelling of glassphall
GLASS - An inorganic product resulting from fusion
that has cooled to a rigid condition without
crystallizing. For precision, the term "glass"
should not be used alone, as there are
numerous glass products, such as glass
containers, flat glass and glass tableware.
GLASS BEAD - A family of silica products used in a
variety of manufacturing and industrial
applications, including sand blasting, paint
manufacture and tile production.
GLASS CONTAINERS - Glass bottles and jars used
to package food, beer, liquor, wine, juice,
soft drinks, medicine, toiletries and
chemicals.
GLASSPHALT - Asphalt utilizing ground glass as an
aggregate.
GLASSPHALT - Trade name for a highway paving
material in which recovered ground glass
replaces some of the gravel normally used in
asphalt An alternate spelling is glasphalt
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GOOSENECK TRAILER - A trailer attached to a
truck using a slender, curved gooseneck
hitch.
GOVERNMENTAL REFUSE COLLECTION AND
DISPOSAL ASSOCIATION (GRCDA) - A
Silver Spring, Maryland based organization
representing municipalities that collect
and/or dispose of solid waste.
GRAB SAMPLE - A single sample of a secondary
material taken at no set time for evaluation
or testing.
GRADE - A class of secondary material that is
distinguished from similar classes on the
basis of quality, color, use, content,
appearance, density or otter factors. Grades
of recyclable materials can be determined
informally as part of common industry
practices or officially as part of a trade
association or governmental effort.
GRADING - The hand sorting of mixed
heterogeneous solid waste into separate
categories.
GRADING - The sorting or classification of
secondary materials into specific grades.
GRANULATOR - A mechanical device that
produces small plastic particles.
GRAPPLE - A type of crane bucket having more that
two teeth.
GRAVITY SEPARATION - The separation of mixed
materials based on the differences of
material size and specific gravity.
GRCDA - An acronym for the Governmental Refuse
Collection and Disposal Association.
excessive heaving and freezing. Some
ground covers are produced from yard waste
compost
GROUNDWATER - Fresh water deposits,
accumulating in subterranean aquifers in a
zone of saturation. These deposits are
recharged by infiltrating rain and snow melt
and serve as reservoirs fey wells and springs.
GROUNDWATER FLOW - The direction of
groundwater movement and of any
contaminants it contains; governed primarily
by the hydraulic gradient.
GROUNDWATER QUALITY - The ambient
chemical, physical and biological quality of
groundwater, generally defined by State and
local standards to determine suitability as a
drinking water source. Uncontaminated
ground-water's suitability as a drinking
water source is generally based on its total
dissolved solids (TDS) content
GROUNDWATER RECHARGE - The addition of
water to the groundwater system by natural
or artificial processes.
GROUNDWOOD PAPERS - Paper produced from
mechanical pulp.
GUIDANCE - Documents issued mainly to elaborate
and provide direction on the implementation
of regulations.
GUILLOTINE SHEAR - See shear.
GWM - An acronym for ground water monitoring.
HAMMER PROVISION - Statutory requirements
that go into effect automatically if EPA fails
to issue regulations by certain dates
specified in the statute.
GRINDING - A size reduction technique usually HAMMERMILL - A large shredding machine used
employing a series of rollers. to violently crush waste in the preparation of
refuse-derived fuel (RDF).
GROSS TON - A measure of weight equal to 1,000
kilograms or 2,204.62 pounds. Also called HAMMERMILL SHREDDER - A broad group of
metric or long ton. See net ton. machines that crush, chip or grind materials.
Hammermill shredders typically employ
GROUND COVER - Material used to cover the soil high speed rotating equipment with fixed or
surface to control erosion and leaching, pivoting hammers on a horizontal or vertical
shade the ground and offer protection from shaft
Glossary - Page 15
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HAUL DISTANCE - The distance a collection
vehicle travels after picking up a loaded
container, or from its last pickup stop on a
collection route, to the solid waste
processing landfill, and, after unloading, to
the location where the empty container is to
be deposited or to the beginning of a new
collection route.
HAUL TIME - The time spent transporting solid
wastes between two specific locations.
HAZARD RANKING SYSTEM - The model used to
determine inclusion of a waste site on the
EPA's National Priorities List for CERCLA
(Superfund) cleanup.
HAZARDOUS MATERIALS TRANSPORTATION
ACT (HMTA) - This act provides authority
for regulating the transportation of
hazardous material by road, air and rail. The
Department of Transportation's (DOT)
Materials Transportation Bureau (MTB)
identified particular quantities and forms of
materials as hazardous and specifies
packaging, labeling and shipping
requirements for the materials that pose a
risk to health,, safety or property. See 49
CFR 106,107,171-179.
HAZARDOUS SOLID WASTE AMENDMENTS
(HSWA) - The 1984 Act (Public Law 98-
616) that significantly expanded both the
scope and the coverage of RCRA.
HAZARDOUS WASTE - As defined in RCRA the
term "hazardous waste" means a solid waste,
or combination of solid wastes, which
because of its quantity, concentration, or
physical, chemical, or infectious
characteristics may:
(A) Cause, or significantly contribute to an
increase in mortality or an
increase in serious irreversible,
or incapacitating reversible,
illness; or
(B) Pose a substantial present or potential
hazard to human health or the
environment when improperly
treated, stored, transported, or
disposed of, or otherwise
managed.
As defined in the regulations, a solid waste is
hazardous if it meets one of four conditions:
(1) Exhibits a characteristic of a hazardous
waste (40 CFR Sections
261.20 through 262.24)
(2) Has been listed as hazardous (40 CFR
Sections 261.31 through
261.33)
(3) Is a mixture containing a listed
hazardous waste and a non-
hazardous solid waste (unless
the mixture is specifically
excluded or no longer exhibits
any of the characteristics of
hazardous waste)
(4) Is not excluded from regulation as a
hazardous waste.
2) The extraction of useful materials from solid
wastes.
HAZARDOUS WASTE DATA MANAGEMENT
SYSTEM (HWDMS) - A database
maintained by the EPA in which brief
summary conclusions from inspection
reports are tracked.
HDPE - An acronym for high density polyethylene
plastic. See polyethylenes.
HEAVY MEDIA SEPARATION - The use of a fluid
medium to separate materials. The fluid's
density lies between the heavy and light
fractions being separated.
HEAVY METAL - Any metal with a specific gravity
greater than 4 (that is, any metal more than
four times as dense as water). Included are
metals such as lead, mercury, cadmium and
zinc. All constitute a serious pollution risk
because of their toxicity in relatively low
concentrations and their tendency to
bioaccumulate.
HHV - Stands for higher heating value: The heat of
combustion with the moisture content of the
Page 16 - Glossary
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fuel condensed Expressed in BTUs per
pound.
HIGH DENSITY POLYETHYLENE (HDPE) -
Plastic commonly used for containers and
landfill liners.
HIGH-GRADE-WASTE - Waste paper from offices,
including computer printout paper, that
generally commands a fairly high price as a
recyclable.
HIGH-GRADE WASTE PAPER - Waste paper with
the most value, consisting of the pulp
substitute and deinking high grade
categories.
HMTA - An acronym for the Hazardous Materials
Transportation Act
HOME SCRAP - Scrap that is used within the plant
where it originates.
HORIZONTAL BALER - A baling device in which
the ram and platen move horizontally in the
chamber.
HOUSEHOLD SEPARATION UNIT - See
household storage container.
HOUSEHOLD STORAGE CONTAINER - A small
bin, tub, pail or box provided to residents for
use in storing secondary materials and for
carrying them to the curb for collection.
HOUSEHOLD WASTE - See residential solid waste.
HSWA - An acronym for the Hazardous Solid Waste
Amendments of 1984.
HUMUS - The organic portion of soil created by the
partial decomposition of organic matter.
Yard waste composting can create humus.
HWDMS - An acronym for the Hazardous Waste
Data Management System.
HYDRAPULPER - Trade name for a pulp mill
machine that uses a rotor and blades to mix
dry fibers, such as waste paper, and water to
produce a pulp slurry.
HYDRAULIC - Moved or operated by fluid under
pressure.
HYDRAULIC GRADIENT - The direction of ground
water flow. May be different from the
direction of surface water flow.
HYDROCHLORIC ACID (HQ) - An acid gas in the
flue gas of refuse combustion. HC1 is one of
the most significant components of acid gas
typically found in the flue gas.
HYDROGEN SULFIDE (H2S) - A poisonous gas
produced from the reduction of sulfates in,
and the putrefaction of, organic matter
containing sulfur. Can be distinguished by
an odor of rotten eggs.
HYDROMULCH - See waste paper hydromulch.
IGLOO - A half sphere container used at drop off
centers for the receipt and storage of
residential recyclable materials, such as
glass and metal containers.
IGP - An acronym for an intermediate glass
processor.
IMMINENT HAZARD ORDER - Used by the
responsible agency under authority of
RCRA Section 7003 to force any person
contributing to an imminent and substantial
endangerment to human health or the
environment caused by the handling of non-
hazardous or hazardous solid waste to take
steps to clean up the problem.
INCINERATION - The process by which solid,
liquid, or gaseous combustible wastes are
burned and changed into gaseous byproducts
and residue (referred to as ash).
INCINERATOR - Any enclosed device in which
controlled flame combustion is such that it
cannot be classified as a boiler or as an
industrial furnace.
INCOMPATIBLE - Two or more substances that
cause fire, explosion, generation of
flammable or toxic gases, or other violent
reactions when mixed.
INCREMENTAL COSTS - See partially allocated
costs-
Glossary - Page 17
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INDICATOR PARAMETERS - Waste constituents
(e.g., specific conductance, total organic
carbon, total organic halogen) that provide a
reliable indication of the presence of
hazardous materials in groundwater.
INDUSTRIAL SCRAP - Secondary materials
generated by a manufacturing operation.
INDUSTRIAL WASTES - Solid and liquid wastes
generated by industry. Often this is in the
form of slags, sludges, cakes, fines and
dusts. Only a few communities consider
industrial wastes as a subset of municipal
solid wastes.
INGOT - A cast form suitable for shipping, remelting
and/or fabrication.
INJECTION WELL - see deep well injection.
INNER LINER - A contihuous layer of material
placed inside a tank or container to protect
the construction materials of the tank or
container from the contained waste or
reagents used to treat the wastes.
INORGANIC - Not composed of once living
material. Minerals are inorganic substances.
INSTITUTE OF SCRAP IRON AND STEEL (ISIS)
- See Institute of Scrap Recycling Industries.
INSTITUTE OF SCRAP RECYCLING
INDUSTRIES (ISRI) - An organization
formed from the merger of the National
Association of Recycling Industries and the
Institute of Scrap Iron and Steel. The
organization represents primarily scrap
metal processors and waste paper dealers,
and is located in Washington, D.C.
INSTITUTIONAL SOLID WASTES - Solid wastes
generated by schools, hospitals, universities,
museums, governments and other
institutions. Some communities define
institutional solid wastes as commercial
solid wastes. Institutional solid wastes are
one portion of municipal solid wastes.
INSTITUTIONAL WASTES - Wastes from schools,
hospitals, and government buildings
containing a high percentage of paper,
medical waste, and food waste.
INTEGRATED WASTE MANAGEMENT - A solid
waste management strategy that ranks the
prefeired alternatives in the following order
source reduction and reuse, recycling,
resource recovery (e.g., front end recovery,
waste-to-energy incineration) and landfill
disposal.
INTENSIVE RECYCLING - A concept promoted by
opponents of waste-to-energy systems,
whereby municipal recycling efforts target
all recyclables in the waste stream.
INTERIM STATUS - Allows owners and operators
of hazardous waste facilities (specifically
TSDs) that were in existence, or for which
construction had commenced, prior to
November 19,1980 to continue to operate
without a permit after this date. Owners and
operators of TSDs are eligible for interim
status on an ongoing basis if the TSD is in
existence on the effective date of regulatory,
changes under RCRA that cause the facility
to be subject to Subtitle C regulation.
Owners and operators in interim status are
subject to and must comply with the
applicable standards in 40 CFR Part 265.
Interim status is gained through the
notification process and by submitting Part
A of the permit application.
INTERMEDIATE GLASS PROCESSOR (IGP) -
Businesses which purchase scrap glass
materials from suppliers, process the glass
materials and sell the contaminant free cullet
to consuming plants.
INTERMEDIATE PROCESSING CENTER (IPC) -
(1) A term commonly used for a facility that
separates mixed glass and metal containers
and processes the materials for sale to end
users. Also called a materials recovery
facility or materials recycling facility. (2) A
firm that purchases, processes and markets
source-separated materials. For instance,
under this definition a waste paper dealer
would be an intermediate processor. Also
see front end recovery.
INTERMODAL SHIPPING - The linking of two
forms of transportation, such as trucks and
railroads, to ship materials. For example,
one might use intermodal shipping by
Page 18 - Glossary
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loading secondary materials in a truck
trailer, having it trucked to a railroad yard,
putting the trailer on a railcar, moving the
trailer by rail and unloading it for truck
delivery to the receiving mill.
INVESTMENT TAX CREDIT - A reduction in taxes
permitted for the purchase and installation
of specific types of equipment and other
investments.
IPC - An acronym for intermediate processing center.
IRONY ALUMINUM - Obsolete aluminum scrap,
such as lawn chairs, screen doors and
automobile part casings, containing a small
amount of iron or steel pins, brads, bolts,
screws and nuis.
ISIS - An acronym for the now defunct Institute of
Scrap Iron and Steel. See the Institute of
Scrap Recycling Industries.
ISRI - An acronym for the Institute of Scrap
Recycling Industries.
JUNK - As generated secondary materials.
JUNK YARD - A common term for an auto
dismantling or scrap metal processing
facility.
JUNKER - A device used in a hydrapulper to remove
contaminants such as twine, wire and rags.
KRAFT PAPER - A comparatively coarse, strong
paper made primarily from wood pulp
produced by the sulfate process.
KWH - Kilowatt-hour of electricity.
LAND TREATMENT - A facility or part of a facility
at which waste is applied onto or
incorporated into the soil surface. Such
facilities are disposal facilities if the waste
remains after closure.
LANDFILL - A disposal facility or part of a facility
where waste is placed in or on land and
which is not a land treatment facility, a
surface impoundment, or an injection well.
Also see sanitary landfill.
LDF - An acronym for land disposal facility.
LDPE - An acronym for low density polyethylene.
See polyethylenes.
LDR - An acronym for land disposal restrictions.
LEACHATE - Any liquid (often rainwater or other
precipitation), including any suspended
components in the liquid, that has moved
through or drained from waste. Often
contaminated with decomposed wastes,
bacteria, and other materials. Not to be
confused with a leak.
LEAD - Blue-white, soft metal occurring mainly as
galena. Its symbol is Pb.
LEAD-ACID BATTERY - The type of electrical
storage battery commonly used in autos and
trucks. The major source of lead (a heavy
metal) in municipal solid waste and in the
ash of waste-to-energy incinerators.
LEAF ATE - A term used by some yard waste
composting professionals for the leachate
from leaf piles.
LEAK - The migration of liquid wastes outside of
containment structures.
LEDGER PAPER - Writing paper used for
accounting and book keeping. See white
ledger and colored ledger.
LIABILITY - The state of being legally responsible
for property damage or bodily injury caused
during operation, closure or post-closure
phases of a waste management facility.
LIFECYCLE VALUE - The value of an asset in
terms of its operating life.
LIGHT COPPER - Miscellaneous, unalloyed copper
scrap having a nominal 92 percent copper
content (88 percent minimum).
LINER - A continuous layer of natural (e.g., clay) or
synthetic material (e.g., HDPE, PVQ,
beneath or on the sides of a surface
impoundment, landfill, or landfill cell,
which restricts the downward or lateral
escape of waste, waste constituents, or
leachate. Sophisticated liner systems today
often combine layers of welded HDPE
Glossary - Page 19
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plastic sheets, sands, and clay. Leachate
collection pipes are laid above the liner to
collect leachate and drain it to a treatment
plant
LISTED WASTES - Hazardous wastes that have
been placed on one of three lists developed
by EPA: Nonspecific source wastes;
Specific source wastes; Commercial
chemical products. These lists woe
developed by examining different types of
waste and chemical products to see if they
exhibit one of four characteristics, meet the
statutory definition of hazardous waste, are
acutely toxic or acutely hazardous, or are
otherwise toxic.
LITTER - Solid waste scattered about in a careless
manner.
LITTER - That visible portion of consumer solid
waste that is discarded outside the regular
disposal system.
LITTER TAX - A fee paid by manufacturers,
distributors and retailers of goods which
commonly end up as litter.
LOAM - A mixture of silt, sand or clay, or a
combination of any of these, with humus.
See humus.
LOGGER - A mechanical device used to flatten scrap
metal such as white goods. Many loggers
are mobile and are taken periodically to
disposal sites to process collected scrap
metal.
LOIS - An acronym for loss of interim status.
LONG STOCK - Waste paper with relatively long
fibers.
LONG TON - See gross ton.
LOW DENSITY POLYETHYLENE (LDPE)
Plastic commonly used for product
wrapping.
MACHINE BROKE - See broke.
MAGNETIC SEPARATOR - A device, such as a
pulley, drum or belt, used to capture ferrous
scrap from a stream of material. A can
separator is one form of magnetic separator.
MANDATORY RECYCLING - Programs requiring
by ordinance, statute, or other forms of
coercion that residents or businesses keep
specific secondary materials from their solid
wastes and prepare the materials for
recycling.
MANIFEST - The shipping document (EPS Form
8700-22) used for identifying the quantity,
composition, origin, routing, and destination
of hazardous waste during its transportation
from the point of generation to the point of
treatment, storage, or disposal.
MANUAL SEPARATION - A type of source
separation that is done in the home or office
by keeping food wastes separate from
newspaper and other recyclables.
MANUAL-TIE - Equipment requiring use of manual
labor to wrap a bale or bundle with wire or
strapping.
MARKET - A firm or operation purchasing
secondary materials. The term of reference
may vary. For instance, a processor is
considered a market for a collector while an
end user is considered a market for
processors.
MARSH - A wetland dominated by emergent
vegetation.
MASS BURN - Combustion of solid waste without
pre-processing, as in a mass-burn
incinerator.
MASS BURNING - Direct combustion of
unprocessed solid waste in an incineration
facility.
MASS-BURNING WATERWALL
INCINERATION - Direct combustion of
unprocessed solid waste within a waterpipe
jacketed furnace, resulting in energy
recovery in the form of steam.
MATERIAL SPECIFICATIONS - See
specifications.
Page 20 - Glossary
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MATERIALS BALANCE - An accounting of the
mass of solid waste entering and leaving a
process such as an incinerator.
MATERIALS RECOVERY - The extraction from
the waste stream of economically reusable
substances or byproducts by manual and/or
mechanical separation and recovery. (See
Resource Recovery)
MATERIALS RECOVERY FACILITY (MRF) -
Semi-automated intermediate processing
facility used for recycling co-mingled
materials.
MECHANICAL PULP - Pulp produced by grinding
wood into fibers.
MECHANICAL SEPARATION - The separation of
wastes into various classes, such as metals,
glass, and plastics, by mechanical means.
MECHANICAL SEPARATION AND RECOVERY
- The mechanical (e.g., electromagnetic, air
classification) separating of mixed solid
waste into categories for recovery.
MELT - A specific quantity of steel or glass made at
one time.
METALS - All ferrous, nonferrous and alloy
materials.
METHANE (CH4) - A highly volatile, odorless,
colorless, and asphyxiating gas that is
produced by the decomposition of solid
wastes under anaerobic conditions by
methanogenic bacteria.
METRIC TON - See gross ton.
MICROORGANISMS - Generally, any microscopic
being, including bacteria, yeasts, simple
fungi, some algae, slime molds, and
protozoans. Microorganisms are used in
composting to stabilize wastes and in
sewage treatment processes.
MIDNIGHT DUMPER - An idiomatic term for an
individual or business that disposes of waste
in an illegal, stealthy manner.
MIGRATION ROUTE - The environmental media,
that is, air, water or land, through which
waste can be released.
MILL BROKE - See broke.
MTNTMTT.T. - A metal recycling facility that is
smaller in capacity than typical mills and
produces a limited number of products.
Nearly all U. S. steel and aluminum
minimill use scrap exclusively.
MIXED CULLET - Glass cullet not sorted by color.
MIXED THERMOPLASTICS - A mixture of post
consumer and industrial plastics used to
produce compressed sections and other
products.
MIXED WASTE - Randomly associated solid waste
materials.
MIXED WASTE PAPER - A mixture of various
grades of recyclable waste paper not limited
by packing or fiber content
MOA - An acronym for memorandum of agreement.
MODULAR COMBUSTION UNIT (MCU) -
Factory-fabricated incineration device of
relatively low capacity. Small-scale waste-
to-energy systems can be created from
several such units or modules. MCUs often
have two chambers and operate in the
controlled-air mode.
MOISTURE CONTENT - The amount of water
contained within solid waste. Determined as
the loss of weight (expressed in percent)
when a sample of solid wastes is dried to a
constant weight at a temperature of more
than 212 degrees F.
MOLDED PULP PRODUCTS - Products such as
egg cartons and fruit flats formed from a
pulp slurry in a contoured mold.
MONITORING - Methods used to inspect and collect
data on a facility's operational parameters or
on contiguous air, groundwater, surface
water or soil quality.
MONITORING AND ANALYSIS ORDER - Used to
evaluate the nature and extent of a
Glossary - Page 21
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substantial hazard to human health or the
environment that exists at a hazardous waste
TSD facility. It can be issued to either the
current owner or to a past owner or operator
if the facility is not currently in operation or
the present owner could not be expected to
have knowledge of the release potential.
MONOFILL LANDFILL - A landfill designed for
and licensed to accept only one type of
material. Proposed as a disposal option for
the ash from municipal waste incinerators.
MPRSA - An acronym for the Marine Protection,
Research and Sanctuaries Act.
MRF - An acronym for materials recovery facility or
materials recycling facility. See intermediate
processing center and front end recovery..
MSW - An acronym for municipal solid waste.
MSWLF - An acronym for municipal solid waste
landfill.
MULCH - An organic product, produced from the
yard waste composting process, for
placement on the soil or lawn to improve
growing conditions, retain soil moisture and
supply minimal levels of nutrients.
MULLEN TEST - The measurement of a paper's
resistance to a bursting pressure.
MULTI-MATERIAL - A collection or processing
system handling more than one secondary
material. For example, a drop-off center
accepting newspaper and aluminum cans is
considered a multi-material operation.
MUNICEVO. ALUMINUM SCRAP - Mixed
aluminum alloy products recovered from
municipal solid waste.
MUNICIPAL SOLID WASTE (MSW) - Wastes
generated by residents, businesses and
institutions.
MUNICIPAL WASTES - The combined residential
and selected commercial solid wastes
generated in a given municipality.
NARI - An acronym for theNational Association of
Recycling Industries.
NATIONAL ASSOCIATION OF RECYCLING
INDUSTRIES (NARI) - See Institute of
Scrap Recycling Industries.
NATIONAL PRIORITIES LIST - The list of
hazardous waste sites targeted for cleanup
action under CERCLA ("Superfund").
NATIONAL RECYCLING COALITION (NRC) - A
coalition of organizations representing a
variety of waste recovery interests, with a
primary emphasis on municipal waste
reduction and recycling.
NATIONAL RESPONSE CENTER - Under
CERCLA, all spills or discharges into the
environment of certain amounts of materials
designated as hazardous must be reported
immediately to the National Response
Center. The center maintains a 24-hour-a-
day telephone line for reporting spills (800-
424-8802). When the center is called,
responsibility for dealing with the release is
immediately assigned to either the Coast
Guard or EPA, depending on the location
and type of emergency.
NATIONAL SOLID WASTE MANAGEMENT
ASSOCIATION (NSWMA) - A
Washington, D.C. based organization that
represents primarily private waste haulers
and landfill operators.
NATURAL RESOURCES - The supply of materials,
not created by humans, that are used for
making goods. Also called raw, primary or
virgin materials.
NEPA - The National Environmental Policy Act.
NET TON - 2,000 pounds. Also called short ton.
Compare with gross ton.
NEW FACILITY - A hazardous waste TSD facility
which began operation or for which
construction was begun after November 19,
1980.
NEWSPRINT - The type of paper generally used for
printing newspapers.
NIMBY (Not-In-My-Back-Yard) - Ail assertive
response from a community or individual to
Page 22 - Glossary
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the potential introduction of a waste
management facility in their vicinity.
NIMBY is often perceived by waste
management experts as an unreasonable,
reactionary response to their rational
proposal. NIMBY has also been explained
as a reasonable response to a perceived fear
of health risk, loss of property value, or
diminished quality of life.
NO. 2 COPPER - Miscellaneous, unalloyed copper
scrap having a nominal 96 percent copper
content (94 percent minimum).
NOD - An acronym for notice of deficiency.
NONBIODEGRADABLE - This refers to materials
(e.g., plastics, metals, many synthetic
chemicals) which cannot be broken down to
simple molecules (i.e., carbon dioxide and
water) by biological organisms. Those
nonbiodegradable toxic chemicals which
tend to bioaccumulate are a particular
environmental and health risk.
NONFERROUS METALS - Any metal or metal
alloy containing either no iron or only very
small amounts. These metals cannot be
attracted by magnets. Nonferrous metals
include brass, bronze, copper and aluminum.
NONFERROUS SCRAP METALS - Metals which
contain no iron.
NONRENEWABLE RESOURCES - Raw materials
(e.g., metal ores, oil, coal, tin) which exist in
finite, nonreplenishable deposits in the
earth's crust.
NONRETURN ABLE - A package that cannot be
returned to the retailer or supplier for
refilling.
NOV - An acronym for notice of violation.
NOx - Oxides of nitrogen are products of all air-
oxidized combustion processes including
refuse combustion. The predominant form
of NO produced during combustion is nitric
oxide (NO), although nitrogen dioxide
(NO2) is also produced in lesser amounts.
Upon emission through the stack to the
atmosphere, essentially all of the NO
formed during combustion is further
oxidized to form NO2.
NPL - An acronym for the national priorities list.
NRC - An acronym for the National Recycling
Coalition, the Nuclear Regulatory
Commission, and the National Response
Center.
NSPS - New Source Performance Standards, which
apply to new facilities.
NSWMA - An acronym for the National Solid Waste
Management Association.
O & M - An acronym for operations and
maintenance. See operating costs.
OBSOLESCENCE - The process of becoming
useless.
OBSOLETE SCRAP - A term used in the ferrous
scrap processing industry for products which
have completed their useful economic- life.
OCC - An acronym for old corrugated containers.
OCCUPATIONAL SAFETY AND HEALTH ACT
(OSHA) - This act provides the regulatory
vehicle for assuring the safety and health of
workers in firms generally employing more
than 10 people. Its goal is to set standards of
safety that will prevent injury and/or illness
among workers. Safety, chiefly
encompassing the physical work place, and
health, which governs exposure to settings
that could induce acute or chronic health
effects, are covered by the act. See 29 CFR
1910,1915,1918,1926.
OERR - An acronym for the Office of Emergency
and Remedial Response.
OFF-SITE - The logical opposite of ON-SITE (see
on-site)
OFF-SPECIFICATION RESINS - Resin supplies
that do not meet producer requirements or
are surplus to demand. Off-specification
resins often compete against recycled
plastics. Also called off-spec resins.
Glossary - Page 23
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OFFICE PAPER - Secondary fibers produced by
office workers, including ledger, computer
and bond papers.
OLD CORRUGATED CONTAINERS (OCC) - As a
paper stock grade, baled corrugated
containers having liners of test liner, jute or
krafL The boxes are generated in retail
stores, factories and homes when
merchandise is removed from them.
OLD NEWSPAPERS (ONP) - As a paper stock
grade, baled printed newspapers (containing
less than 5 percent of other grades) that have
been distributed to readers and are available
for recycling.
OLD SCRAP ZINC - Clean dry zinc scrap, such as
sheets, jar lids, castings and anti-corrosion
plates.
OMB - An acronym for the Office of Management
and Budget.
ON-SITE - Means on the same or geographically
contiguous property which may be divided
by public or private right(s)-of-ways,
provided the entrance and exit between the
properties is at a cross roads, intersection,
and access is by crossing as opposed to
going along the right(s)-of-way.
Noncontiguous properties owned by the
same person but connected by a right-of-
way which the person controls and to which
the public does not have access, also
considered on-site property.
ON-SITE HANDLING, STORAGE, AND
PROCESSING - All activities associated
with the handling, storage, and processing of
. solid wastes before being collected and
taken to the disposal area.
ONE-HUNDRED-YEAR FLOOD PLAIN - Areas
adjacent to streams where the probability of
flooding in any given years is one in a
hundred.
significant contributor to air pollution and
generally prohibited by law.
OPEN DUMP - Specifically, any facility or site
where solid waste is disposed of which is
not a sanitary landfill which meets the
Criteria listed in 40 CFR Part 257 ("Subtitle
D Criteria") and which is not a facility for
the disposal of hazardous waste.
OPERATING COSTS - Recurring program costs,
such as labor, equipment operation and
maintenance, utilities, administration and
promotion.
ORDINANCE - A local government statute.
ORGANIC - Living or once living material.
ORGANIC MATERIALS - Materials containing
organic carbon and its derivatives that are
generally manufactured in the life processes
of plants and animals and that are a source
of food for bacteria and are decomposable
and usually combustible.
OS HA - An acronym for the Occupational Safety and
Health Act.
OSW - An acronym for the Office of Solid Waste.
OSWER - An acronym for the Office of Solid Waste
and Emergency Response.
OUST - An acronym for the Office of Underground
Storage Tanks.
OUTTHROW - Waste paper so manufactured or
treated or in such a form as to be unsuitable
at another grade. For instance, old
newspapers are an outthrow when selling
old corrugated containers but not an
outthrow of mixed waste paper.
OVER-ISSUE NEWSPAPER - Printed newspapers
that were not circulated and are available for
recycling.
OVER-THE-SCALE TRADE - The volume of
business at a dealer or processor-generated
from purchasing materials delivered by
independent scavengers, peddlers,
individuals and others. Also see door trade.
ONP - An acronym for old newspaper.
0/0 - A acronym for owner/operator.
OPEN BURNING - Uncontrolled combustion of
solid waste in the open air, recognized as a
Page 24 - Glossary
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OWPE - An acronym for the Office of Waste
Programs Enforcement
PACKER - (1) A processing operation where waste
paper is converted into paper stock and
baled for shipment to consumers, or (2) a
solid waste collection vehicle employing a
compaction mechanism.
PACKER TRUCKS - Collection vehicles that
compact refuse into high density masses for
maximum collection efficiency.
PAPER - A type of matted or sheeted fibrous
product. In common terms, paper is
distinguished from paperboard by being
lighter, thinner and more flexible. See also
specialty products.
PAPER STOCK - Sorted and graded waste paper
meeting mill specifications. An alternate
spelling is paperstock.
PAPERBOARD - A type of matted or sheeted
fibrous product. In common terms,
paperboard is distinguished from paper by
being heavier, thicker and more rigid. See
also specialty products.
PAPERSTOCK - An alternate spelling for paper
stock.
PART A - The first part of the two part application
that must be submitted by a hazardous waste
TSD facility to receive a permit. It contains
general facility information such as location,
waste types, quantities, process types, and
capacities. There is a standard form for the
PART A.
PART B - The second part of the permit application
that includes detailed and highly technical
information concerning the hazardous waste
TSD facility in question. There is no
standard form for the PART B, instead the
facility must submit information, based on
the regulatory requirements, on exactly how
the operator or owner will comply with
RCRA.
PARTIAL CLOSURE - The closure of a discrete part
of a hazardous waste facility in accordance
with the applicable closure requirements of
40 CFR Parts 264 and 265. For example,
partial closure may include the closure of a
trench, a unit operation, a landfill cell, or a
pit, while other parts of the same facility
continue in operation. (A proposed
redefinition was published on March 19,
1985, see 40 CFR 11068).
PARTIALLY ALLOCATED COSTS - The costs of
adding a recycling program to an existing
operation such as a waste hauling company
or public works department Also known as
incremental costs.
PARTICULATE MATTER - Emissions from a
waste-to-energy facility in the form of solid
particles or condensable vapors (vapors that
can become liquids under altered
temperature or pressure conditions).
Particulates are emitted as a result of
incomplete combustion of fuel as well as the
entrainment of noncombustible inert matter
in the Hue gases.
PARTICULATES - Partially incinerated microscopic
matter (e.g., ash, soot, dust, charred paper)
suspended and discharged in the exhaust
gases of an incinerator.
PASSBYS - The total number of potential
participants on a residential recycling
collection route.
PE - An acronym for polyethylene. See
polyethylenes.
PEDDLER - A historic term for individual scrap
metal and waste paper collectors.
PELLETIZER - A machine that produces chips or
granules. Pelletizers are commonly used in
plastics processing.
PER-CAPITA GENERATION - The quantity of
solid waste produced by each individual,
generally determined by dividing the total
amount of municipal solid waste generated
each year in a study area by the number of
residents in that area. In the U.S., the per
capita generation rate is currently between
1,000 and 2,000 pounds per year.
PERMEABILITY - The degree to which a liquid
(usually water) can pass through a substance
or mass. Note: Some solvents can move
Glossary - Page 25
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quickly through clays that are impermeable
to water.
PERMIT - An authorization, license, or equivalent
control document issued by EPA or an
authorized State to implement the regulatory
requirements of RCRA Subtitle C Parts 264
and 265 for hazardous waste TSD facilities.
PERMIT REQUIREMENTS - Requirements in a
RCRA permit, including ambient,
performance, design, and/or operating
standards contained in the regulations that
the owner or operator must meet in
perpetuity in constructing, operating,
closing, and caring for the facility.
PERMIT-BY-RULE - A provision of Subtitle C
whereby a hazardous waste management
facility is deemed to have a RCRA permit if
it is permitted under the Safe Drinking
Water Act, the Clean Water Act, or the
Marine Protection, Research, and
Sanctuaries Act and also meets a few
additional Subtitle C requirements as
specified at 40 CFR Section 270.60. The
term "permit" does not include RCRA
"interim status" nor refer to any permit that
has not yet been the subject of final agency
action, such as a draft permit or a proposed
permit.
PET - An acronym for polyethylene terephthalate.
pH - A measure of the acidity or alkalinity of a
solution on a scale of 0 to 14 (low is acidic,
high is alkaline or caustic, 7 is neutral). The
pH of normal rainwater can be as low as S.6
because of carbonic acid resulting from the
natural process of water taking up
atmospheric carbon dioxide. Virtually all of
eastern North America receives rain with a
pH below 5.0. This is referred to as "acid
rain". Rain is southern Michigan had a pH in
1983 ranging from 3.9 to 4.7. Much lower
pHs in rainwater have been recorded.
PHOTODEGRADABLE - A process where
ultraviolet radiation degrades the chemical
bond or link in the polymer or chemical
structure of a plastic.
PICKING BELT - A conveyor and work stations
used in the manual sorting of secondary
materials from a solid waste stream.
PIT - Storage place for solid waste in a mass-burn
facility. A pit is normally sized to store
about a three-day supply of solid wastes.
PIT BALER - See upstroke baler.
PLASTIC - A synthetic material consisting of a
specific polymer in combination with
various amounts of plasticisers, stabilizers,
colorants, fillers and other organic and
inorganic compounds.
PLASTICS - Man-made materials, made from coal
and oil, that degrade very slowly in the
natural environment after disposal.
PLATEN - The rectangular face of a baling ram. The
platen pushes or compresses the secondary
material into the baling chamber.
PM-10 - Particulate matter below 10 microns in size.
This smaller particulate size has been of
particular concern to the regulatory
agencies, who have recently promulgated
stricter emissions standards for PM-10.
POINT SOURCE - Any discernible, confined, and
discrete conveyance, including, but not
limited to any pipe, ditch, channel, tunnel,
conduit, well, discrete fissure, container,
rolling stock, concentrated animal feeding
operation, or vessel or other floating craft,
from which pollutants are or may be
discharged. This term does not include
return flows from irrigated agriculture.
POLICY - A document that specifies operating
policies that must be followed. They are
used by program offices to outline the
manner in which pieces of the RCRA
program are to be carried out.
POLLUTION - The contamination of the
environment by the exposure of wastes or
other harmful materials. A result of human
activity.
POLYETHYLENE TEREPHTHALATE (PET) - A
lightweight, transparent, rigid polymer
resistant to chemical and moisture, and with
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good insulating properties. Commonly used
for soft drink containers.
POLYETHYLENES - A group of resins created by
polymerizing ethylene gas. The two major
categories are high density polyethylene and
lowdensity polyethylene.
POLYMER - A large molecule containing a chain of
chemically linked sub-units (monomers).
POLYOLEFINS - A plastics sub-group including
polyethylene and polypropylene.
POLYPROPYLENE - Heavy-duty plastic.
POLYSTYRENE (PS) - A hard, medium-duty,
dimensionally stable thermoplastic that is
easily molded.
POLYVINYL CHLORIDE (PVC) - A plastic made
by polymerization of vinyl chloride with
peroxide catalysts.
POLYVINYLCHOLRIDE (PVC) - Plastic
commonly used for product wrapping and
containers.
POST-CLOSURE REQUIREMENTS - Monitoring
and maintenance requirements for closed
hazardous waste management units
throughout the post-closure care period (i.e.,
30 years); these are specified as part of
facility specific permit conditions. A
specific requirement of hazardous waste
management units.
POST-CONSUMER MATERIAL - Those products
generated by a business or consumer which
have served their intended end uses and
which have been separated or diverted from
solid waste for the purposes of collection,
recycling and disposition. Also called "post-
consumer recovered materials" by the
USEPA and "post-consumer waste". Post-
consumer material does not include discards
from industrial and manufacturing
processes.
PP - An acronym for polypropylene.
PRICE INDEX - A list of regional secondary
material prices published by an independent
firm on a periodic basis.
PRIMARY MATERIALS - Raw materials used for
manufacturing primary products. Examples
include sand, wood pulp, and iron ore. See
natural resources.
PRINCIPAL ORGANIC HAZARDOUS
CONSTITUENTS (POHC) - Constituents
specified in a hazardous waste incinerator's
facility permit from among those
constituents listed in 40 CFR Part 261,
Appendix VIII, for each waste feed to be
burned. The specification is based on
degree of difficulty of incineration, of
organic constituents in the waste, and on
their concentration or mass in the waste
feed.
PROCESS WASTE - Discards from an industrial
process.
PROCESSOR - A recycling operation where
secondary materials are sorted, graded,
cleaned, densified or packaged. Included are
scrap metal yards and waste paper dealers.
PRODUCT CHARGE - An excise tax levied on
specific products or acts of production.
PROHIBITIVE MATERIAL - (1) Any material
included in paper stock, in excess of the
amount allowed, which will make the paper
stock shipment unusable at the grade
specified. (2) Any materials that may be
damaging to recycling equipment.
PROMPT INDUSTRIAL SCRAP - Ferrous scrap
generated by fabricators.
PS - An acronym for polystyrene.
PSI - Depending on the context, either (1) an
acronym for the Paper Stock Institute of
America, a division of the Institute of Scrap
Recycling Industries or (2) pressure in
pounds of force per square inch (psi).
PULP - Fibrous material used to make paper and
paperboard.
PULP SUBSTITUTES - Unprinted, clean waste
paper that can be used directly in
papermaking.
Glossary - Page 27
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PULPER - See hydrapulper.
PURCHASED SCRAP - Secondary materials
obtained by an end user from outside
sources.
PURPA - Public Utility Regulatory Policies Act of
1978. This act pertains to electric
generating resource recovery facilities in
that it directly "provides maximum incentive
for the development of cogeneration and
small power production."
PUTRESCIBLE - As in food wastes and other
organic wastes, wastes subject to
decomposition or decay.
PVC - An acronym for polyvinyl chloride.
PYROLYSIS - A waste treatment process that
involves the chemical decomposition of
material by heat, in the absence of oxygen,
yielding a gaseous or liquid product which
can be used as a fuel.
PYROLYSIS - Chemical decomposition of organic
materials by heating in a low oxygen
environment.
QUALIFYING FACILITY STATUS
CERTIFICATE - A certificate issued by the
Federal Energy Regulatory Commission to
the effect that the facility qualifies as a small
power production facility (as defined in
section 210 of PURPA).
RA - An acronym for regional administrator of the
USEPA.
RACK COLLECTION - The collection of old
newspapers at the same time as residential
waste collection. The waste paper is placed
in a side or front rack attached to the waste
collection truck.
RAGGER - See junker.
RDF - An acronym for refuse derived fuel.
RDF BOILER - A waterwall combustion chamber in
which refuse derived fuel (RDF) is used to
generate steam. Compare with mass burning
waterwall incinerator.
RE-REFINED MOTOR OIL - Reclaimed lubrication
oil processed for reuse.
RE-REFINER - A firm producing re-refined motor
oil.
RE-REFINING - The use of petroleum refining
techniques on used motor oil to produce
lubrication stocks.
REACTIVE - A substance that is normally unstable
and readily undergoes violent change; or
reacts violently with water; or generates
toxic gases, vapors or fumes in a quantity
sufficient to present danger to human health
or the environment when mixed with water.
REAR-END SYSTEM - A chemical, thermal, or
biological system and its supplementary
facilities used for the conversion of pre-
processed wastes into useful or
nonhazardous products.
RECHARGE - The replenishment of groundwater by
infiltration of atmospheric water
(precipitation) through the soil.
RECLAIMED RUBBER - The reclamation of rubber
from scrap tires by grinding, shredding and
pulverizing the tire, and exposing the
material to a thermochemicaJ reaction. See
devulcanization.
RECLAMATION -1) The restoration of air, land, or
water to a better or more useful state, such
as reclamation of strip-mined land by
sanitary landfilling or reclamation of
abandoned landfills by recreational
parkland.
RAW MATERIALS - See natural resources.
RECOVERABLE RESOURCE - Materials that can
RCRA - An acronym for the Resource Conservation be reused or recycled after serving a specific
and Recovery Act. purpose because they still have useful
physical or chemical properties.
RCRIS - An acronym for the RCRA Information
System.
Page 28 - Glossary
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RECOVERED MATERIAL - Material and
byproducts which have been recovered or
diverted from solid waste. This term does
not include those materials and byproducts
generated from, and commonly reused
within, an original manufacturing process
(e.g., mill broke, home scrap).
RECOVERED PAPER MATERIAL - Paper waste
generated after the completion of a
papermaking process, such as post-
consumer material, envelope cuttings,
bindery trimmings, printing waste, cutting
and other converted waste, mill wrappers,
obsolete inventories and rejected unused
stock. Recovered paper material, however,
does not include fibrous waste generated
during the manufacturing process such as
fibers recovered from waste water or
trimmings of paper machine rolls (e.g., mill
broke), or fibrous byproducts of harvesting,
extractive or woodcutting processes, or
forest residue such as bark.
RECOVERY RATE - Thertotal amount of solid
waste recovered through source reduction,
reuse and recycling in a given community.
Commonly, the recovery rate is expressed as
a percent of solid waste generation.
RECYCLABLE - When commonly used, refers to
the technical ability of a material to be
reused in manufacture. A more precise
definition incorporates requirements that a
recycling collection, processing and market
system be in place and economically
functioning in order for a material to be
recyclable. Using this definition, many
materials are technically capable of being
recycled but are not considered recyclable
due to the lack of a viable recovery system.
RECYCLED PAPERBOARD - Paperboard made
from a variety of secondary fibers. Also
called combination board.
RECYCLING - The separation, processing, and
marketing of a waste material (e.g., glass,
aluminum) from the waste stream so that it
can be reused. Commonly, recycling is the
use of secondary materials in the production
of new items.
RECYCLING ADVISORY COUNCIL (RAC) - A
forum for discussing and advocating
national waste reduction and recycling
policy and research. First proposed by the
EPA in their 1989 "Agenda for Action"
document, initially funded by the EPA and
administered by the National Recycling
Coalition out of their Washington, D.C.
office.
RECYCLING EFFICIENCY - The likelihood a
recycling program participant will prepare a
specific material for recycling.
RECYCLING PROCESSOR - A generic term for
businesses and operations that prepare
secondary materials for sale to end users.
Waste paper dealers, scrap metal yards,
drop-off centos and buy-back centers are
examples of recycling processors.
REDEMPTION - To turn in a secondary material to
the original supplier.
REDUCTION - To diminish the amount of solid
waste destined for disposal.
REFUSE - (See Solid Waste).
REFUSE COMPACTION VEHICLE - Collection
vehicles equipped with hydraulic systems to
compress waste materials while on route to
waste management facilities.
REFUSE DERIVED FUEL (RDF) - An easily
handled pelletized fuel derived from the
combustible part of municipal solid waste.
REGIONAL ADMINISTRATOR - The highest
ranking official in each of the ten EPA
regions.
REGRIND - Ground-up recyclable plastics.
REGULATION - The legal mechanism that spells
out how a statute's broad policy directives
are to be carried out. Regulations are
published in the Federal Register and then
codified in the Code of Federal Regulations
(CFR).
REGULATORY COMPLIANCE - Meeting the
requirements of Federal or State regulations
regarding facility design, construction,
Glossary - Page 29
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operation, performance, closure and post-
closure care.
REMANUFACTURING - The rehabilitation or
repair of durable items such as motors,
automotive parts and transformers.
REMEDIAL ACTION - Those cleanup measures
consistent with a permanent remedy taken
instead of or in addition to removal.
REMEDIAL INVESTIGATION/FEASIBILITY
STUDY (RS/FS) - A comprehensive study
of hazardous waste site conditions, threats
posed, the effectiveness of alternative
Remedial Actions and costs associated with
each alternative. Recommends activities to
be carried out to address site contamination
problems and pollutant sources.
REMOVAL ACTION - The cleanup or removal of
released hazardous substance from the
environment to prevent, minimize or totally
mitigate damage.
»
REPRESENTATIVE SAMPLE - A sample of a
whole (e.g., waste pile, lagoon, ground
water, or waste stream) which can be
expected to have the average properties of
the whole.
REQUEST FOR BID (RFB) - A mechanism for
seeking bidders to supply recycling goods
and services or to purchase secondary
materials.
REQUEST FOR PROPOSAL (RFP) - A mechanism
for seeking qualified firms or individuals to
supply recycling goods or services. The
RFP contains a detailed description of the
project, financial requirements, and
sometimes, the proposed contracts for the
project.
REQUEST FOR QUALIFICATIONS (RFQ) - A
mechanism for determining the experience,
skills, financial resources or expertise of a
potential bidder or proposer.
RESIDENCE TIME - The length of time during
which a waste is subjected to elevated
temperatures during incineration.
RESIDENTIAL SOLID WASTE (RSW) - Solid
waste generated from housing structures.
RESIDENTIAL WASTES - Wastes generated in
homes generally consisting of consumer
goods wastes, including newspaper,
cardboard; beverage and food cans; plastics;
glass; and food, garden, and lawn wastes.
RESIDUE - The solid matter remaining after
completion of a physical or chemical
process, such as incineration.
RESOURCE CONSERVATION - Reduction of the
amounts of solid waste that are generated,
reduction of overall resource consumption,
and utilization of recovered resources.
Accomplished through waste reduction,
recycling, composting, and resource
recovery techniques.
RESOURCE CONSERVATION AND RECOVERY
ACT (RCRA) - A 1976 federal law on
which much of the U.S. Environmental
Protection Agency's solid and hazardous
waste program is based. Commonly referred
to as RCRA, this act is an amendment to the
first piece of Federal policy on solid waste
management called the Solid Waste
Disposal Act of 1965. RCRA was amended
in 1980 and again on November 8,1984 by
HSWA. Although RCRA was passed to
control all varieties of solid waste disposal,
both hazardous and non-hazardous, and to
encourage recycling and alternative energy
sources, its major emphasis during the
1970s and 1980s had been the control of
hazardous waste disposal. See 40 CFR 240-
271.
RESOURCE RECOVERY - The recovery of
materials or energy from waste often via a
high technology, physical/chemical
conversion facility.
RETREADING - Removal of the worn tread and the
fitting of a new tread on an undamaged tire
casing.
RETURNABLE - An item that can be returned to the
original supplier for ultimate reuse.
REUSE - To use a material more than one time.
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REVERSE VENDING MACHINES - Fully
automated machines that receive used
beverage containers and present cash or a
coupon to the consumer based on the
number or weight of containers redeemed.
REVERT SCRAP - See home scrap.
RFA - An acronym for RCRA facility assessment.
RFB - An acronym for request-for-bid.
RFI - An acronym for RCRA facility investigation.
RFP - An acronym for request-for-proposal.
RFQ - An acronym for request-for-qualifications.
RIP - An acronym for RCRA implementation plan.
RISK ASSESSMENT - An analytical process for
calculating the probability that a toxic effect
will occur as a result of exposure to a certain
concentration of a given chemical.
ROLL-OFF TRUCK - A special truck which deposits
and picks up a 10 to 50 cubic yard container
at a site.
ROOFING FELT - An interim product made from
waste paper and then used in making roofing
material.
RSW - An acronym for residential solid waste.
RUBBER-ASPHALT - A product that combines
ground-up scrap tires and asphalt. It is
primarily used in highway, runway and
street projects as a stress absorbing
membrane interlayer.
RUBBISH - Solid waste that does not contain food
waste and ashes.
RUN AROUND SCRAP - See home scrap.
SAFE DRINKING WATER ACT (SDWA) - This act
requires the establishment of uniform
federal standards for drinking water quality
and development of a system to regulate
underground injection of wastes and other
substances that could potentially
contaminate underground water sources.
Note that surface water is protected under
the CWA. Among other things, the act bans
the underground injection of certain
materials in or near an underground water
source and requires issuing of permits,
monitoring and recordkeeping for
underground injection that is permitted. See
40CFR 140-149.
SALVAGE - The act of obtaining a secondary
material through collection, sorting, etc.
SANITARY LANDFILL - As defined by the
American Society of Civil Engineers: A
method of disposing of refuse on land
without creating nuisances or hazards to
public health or safety, by utilizing the
principles of engineering to confute the
refuse to the smallest practical volume, and
to cover it with a layer of earth at the end of
each day's operation, or such more frequent
intervals as may be necessary.
SANITARY LANDFILLING - An engineered
method of disposing of solid wastes on land
in a manner that protects the environment
Includes extensive designing of a leachate
collection system, a lining system, and an
applied management plan.
SARA - An acronym for the Superfund Amendments
and Reauthorization Act of 1986.
SCALE - Device for weighing refuse and ash trucks.
SCAVENGING - The unauthorized and uncontrolled
removal of secondary materials.
SCRAM - An acronym for the State Consolidated
RCRA Authorization Manual.
SCRAP - A waste material which is usually
segregated and suitable for recycling or
reuse.
SCRAP TIRE - A tire considered unusable due to a
wom tread or damaged carcass.
SCRAP YARD - A recycling processing facility,
generally for scrap metals.
SCREENING - Separation of material by size,
usually using either a trommel screen or a
disc screen. (See Classification)
Glossary - Page 31
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SCRUBBER - A piece of equipment used to control
acid gas emissions at a waste-to-energy
facility.
SDWA - An acronym for the Safe Drinking Water
Act
SECONDARY CONTAINMENT - This applies to
containers and tanks. In container systems,
secondary containment consists of a base
(concrete or other impervious material)
which must have the capacity to contain ten
percent of the volume of the container or a
volume of the largest container, whichever
is greater. In tank systems, secondary
containment includes one or more of the
following: an external liner, a vault, a
double-walled tank or equivalent device.
SECONDARY FIBERS - A term for waste paper.
SECONDARY MATERIAL - A material that is used
instead of a primary material in
manufacturing a product, including waste
paper, glass, or scrap metals.
SECONDARY SMELTER - An industrial facility for
the remelting of nonferrous scrap metal,
such as copper, lead or aluminum.
Secondary smelters typically produce
intermediate products, such as ingots.
SEISMIC ACTIVITY - Earthquake activity. See
fault
SELF HAULERS - Resident and businesses that haul
their own solid wastes to transfer or disposal
sites.
SEPARATION - Division of wastes, either manually
or mechanically, into groups of similar
materials, such as paper, glass, or metal.
Also used to describe the further sorting of
materials into more specific categories, such
as clear glass/dark glass,
aluminum/iron/copper,
newspaper/cardboard/office paper.
SET OUT - A household placing secondary materials
at the designated location for recycling
collection. See stop.
SHEAR - A device used to reduce scrap metals in
size. It employs two large blades (alligator
shear) or a blade and a stationary edge
(guillotine shear).
SHORT TON - See net ton.
SHREDDER - A mechanical device that tears or
grinds material to reduce it in size.
SHREDDING - A process in which waste is
mechanically fragmented into I to 2 inch
diameter pieces for the purpose of
increasing waste compaction density in a
landfill.
SHRINKAGE - The difference in the purchase
weight of a secondary material and the
actual weight of the material when
consumed. For example, ambient and
beverage moisture in purchased used
aluminum cans are causes of shrinkage at a
secondary aluminum smelter. Also see tare.
SITE - The land or water area where any facility or
activity is physically located or conducted,
including adjacent land used in connection
with the facility or activity.
SIZE REDUCTION (MECHANICAL) - The
conversion of solid wastes into small pieces
through mechanical means. In practice, the
terms shredding, grinding, and milling are
used interchangeably to describe this
practice.
SLAG - The material that forms from the melting and
subsequent cooling of ash and solid by-
products within the combustion chamber of
an incinerator.
SLUDGE - Any solid, semisolid, or liquid waste
generated from a municipal, commercial, or
industrial wastewater treatment plant, water
supply treatment plant, storm water control
facility, or air pollution control facility
exclusive of the treated effluent from a
wastewater treatment plant
SLURRY WALL - An underground vertical wall
made of relatively impermeable material
that significantly retards leachate and
ground water migration.
SMALL QUANTITY GENERATOR - A generator
who produces less than 100 kilograms of
Page 32 - Glossary
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hazardous waste per month (or accumulates
less than 100 kilograms at any one time) or
one who produces less that 1 kilogram of
acutely hazardous waste per month (or
accumulates less than 1 kilogram of acutely
hazardous waste at any one time).
SMELTING • A metallurgical operation in which
metal is separated by fusion from impurities
with which it may be chemically combined
or physically mixed.
SNC - An acronym for significant non-complier.
SOCIETY OF THE PLASTICS INDUSTRY (SPI) -
A Washington, D.C. based organization
representing plastics producers.
AMENDMENT - Any material, such as yard
waste compost, added to the soil to improve
soil chemistry.
CONDITIONER - Any material, such as yard
waste compost, added to the soil to improve
the physical soil structure.
STRUCTURE - Defines the overall appearance
of soil aggregates as to their grade, size and
form or type (shape). Determines the soil's
physical condition at different moisture
levels and its ability to retard or accelerate
water and contaminant movement.
SOLID WASTE - As defined in RCRA the term
"solid waste" means any garbage, refuse,
sludge from a waste treatment plant, water
supply treatment plant, or air pollution
control facility and other discarded material,
including solid, liquid, semisolid, or
contained gaseous material resulting from
industrial, commercial, mining, and
agricultural operations, and from
community activities, but does not include
solid or dissolved material in domestic
sewage, or solid or dissolved materials in
irrigation return flows or industrial
discharges which are point sources subject
to permits under the Clean Water Act, or
special nuclear or byproduct material as
defined by the Atomic Energy Act of 1954.
In more common usage this term means any
waste materials produced by residents,
businesses, institutions and industry, but not
liquids, hazardous wastes and other non-
solid materials.
SOLID WASTE DISPOSAL ACT OF 1965 - See
Resource Conservation and Recovery Act
SOLID WASTE MANAGEMENT - A directed
approach to the systematic management of
solid wastes from the point of generation to
the point of final disposal. This includes the
elements of generation, on-site storage,
collection, transfer and transport, recycling,
reduction, processing, recovery, and final
disposal.
SOLID WASTE MANAGEMENT PLAN - A plan
developed to define the roles and objectives
of managing solid wastes at any level - city,
country, regional, state, or federal.
SOLID WASTE MANAGEMENT PROGRAM -
Incorporating solid waste management
elements into a program to find a solution to
existing or potential solid waste problems.
The program can include all aspects of
management, including engineering, master
planning, financing, and addressing legal,
institutional, and social concerns.
SOLID WASTE MANAGEMENT SYSTEM - The
assembling of one or more elements of solid
waste management to achieve a given goal
or objective.
SOLVENT - A liquid capable of dissolving another
substance.
SOP - An acronym for standard operating procedure.
SORTED COLOR LEDGER - As a paper stock
grade, consists of printed or unprinted
sheets, shavings and cuttings of colored or
white ledger, bond, writing and other papers.
This grade must be free of treated, coated,
padded or heavily printed stock.
SORTED WHITE LEDGER - As a paper stock
grade, consists of printed or unprinted
sheets, shavings, tooks and cuttings of
white ledger, bond, writing and other papers.
This grade must be free of treated, coated,
padded or heavily printed stock.
SOIL
SOIL
SOIL
Glossary - Page 33
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SORTING - Separation of waste into uniform
categories.
SOURCE REDUCTION - An action that reduces the
generation of waste at the source. This often
refers to the decreased generation of
household solid waste. This is accomplished
by reduced consumer consumption,
increased product durability, repairability, or
reuseability and reduced packaging. Also
see waste reduction and waste minimization.
SOURCE SEPARATION - The process of having the
waste generator (e.g., household,
commercial facility) sort their waste into
categories in preparation for collection and
transportation to a recycling facility.
SOx - Oxides of sulfur that are generated during the
combustion process at a waste-to-energy
facility, the most common of which is sulfur
dioxide (SOq).
SPECIAL NEWS DEINK QUALITY - As a paper
stock grade, consists of baled, sorted, fresh
dry newspapers, free from magazines and
containing no more than the normal
percentage of colored sections.
SPECIAL WASTES - Any waste requiring special
handling, such as scrap tires, used motor oil,
hospital wastes or household hazardous
wastes.
SPECIALTY PRODUCTS - A category of fiber
products including insulation board, roofing
felt, cellulose insulation, animal bedding,
hydromulch and molded pulp. The other two
principal forms of fiber products are paper
and paperboard.
SPECIFICATIONS - The characteristics of a
recyclable material that meet necessary
performance requirements.
SPI - An acronym for The Society of the Plastics
Industry.
SPLITTING OF TIRES - Cutting of scrap tires to
obtain small pieces with which to make
products such as mats.
SPMS - An acronym for strategic planning and
management system.
SQG - An acronym for small quantity generator.
STABILIZATION - The process by which wastes are
rendered relatively inert, uniform,
biologically inactive, nuisance-free, or
harmless.
STACK - A tall, usually cylindrical structure
containing flues through which the cleansed
gases from a combustion process are
discharged into the atmosphere.
STATE HAZARDOUS WASTE PLAN - A scheme
generated at the State level to deal with the
management of hazardous waste generated,
treated, stored or disposed of within the
State or transported outside the State.
STATUTE - The law as passed by Congress and
signed by the President.
STEEL - An alloy of iron and carbon. The carbon
content is usually between 0.2 and 1.7
percent. Steel products can contain
additional alloys, such as nickel, copper,
tungsten, cobalt, silicon and maganese.
STICKIES - Contaminants such as tape which adhere
to paper mill equipment
STOP - A stop made by a recycling collection
vehicle and crew to pick up materials from a
household or business. See set out.
STORAGE - The holding of hazardous waste for a
temporary period, at the end of which the
hazardous waste is treated, disposed of, or
stored elsewhere.
STRAPPING - A steel band used to hold a bale
together.
SULFATE PULP - Kraft pulp produced by chemical
methods using an alkaline solution of
caustic soda and sodium sulfite. Sulfate pulp
is used primarily in paperboard and coarse
paper grades.
SULFITE PULP - Acid pulp produced by chemically
cooking wood using sulfurous acid. Sulfite
pulp is used for most printing and tissue
grades j)f paper.
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SUPERFUND - See CERCLA.
SURFACE IMPOUNDMENT - A facility or part of a
facility which is a natural topographic
depression, excavation, or diked area formed
primarily of earthen materials (although it
may be lined with synthetic materials),
which is designed to hold an accumulation
of liquid wastes or wastes containing free
liquids, and which is not an injection well.
Examples of surface impoundments are
holding, storage, settling, and aeration pits,
ponds and lagoons.
SURFACE WATER - Any body of water that is
found above ground (e.g., canals, creeks,
lakes, ponds, rivers, streams).
SWAMP - Wooded wetlands.
SWEAT FURNACE - A scrap metal processing
device that separates metals by melting at
different temperatures. A sweat furnace is
commonly used to process irony aluminum.
SWMU - An acronym for solid waste management
unit.
TARE - The weight of extraneous material, such as
pallets, strapping, and bulkhead and side
boards, that is deducted from the gross
weight of a secondary material shipment to
obtain net weight
TDF - An acronym for tire derived fuel.
TEGD- An acronym for Technical Enforcement
Guidance Document.
THERMAL TREATMENT - The treatment of waste
in a device which uses high temperatures as
the primary means to change the chemical,
physical, or biological character or
composition of the waste. Incineration is an
example of thermal treatment.
THERMOMECHANICAL PULP - Pulp produced by
heating wood, then subjecting it to repeated
compressions and stress relaxations between
opposite bars and grooves to break the wood
into fibers.
THERMOPLASTICS - Plastic material that can be
melted to a liquid or semifluid state, which
then rehardens when cooled.
THERMOSETS - Plastic material set to permanent
shapes when heat and pressure are applied
¦ during forming, and which cannot be
softened again when reheated.
THIRD-PARTY SYSTEM - An operation in a
beverage container deposit state that picks
up containers from retail outlets, counts and
sorts the containers, and processes the
materials for recycling.
TIN - A malleable, ductile, soft white metallic
element with a low melting temperature. It's
symbol is Sn.
TIN CAN - A. container made from tin plated steel.
The tin coating typically consists of 0.25 to
4.0 percent of the can's weight
TIN-FREE STEEL - Steel coated with chromium
oxide rather than tin for use in the
production of food and beverage cans.
TIPPING - The act of unloading collected waste from
a sanitation truck.
TIPPING FEE - The charge assessed (e.g., fee-per-
ton) for unloading solid waste at a disposal
or transfer site.
TIPPING FLOOR - The area of a waste-to-energy
facility or transfer station onto which the
delivery trucks discharge their contents.
TIRE CASING - The structural part of a tire left after
the tread has worn off. See carcass.
TIRE DERIVED FUEL (TDF) - A form of fuel
consisting of scrap tires shredded into chips.
TOLLING - The processing of secondary materials
for a fee.
TON - See gross, long, metric, net and short ton.
TON/TONNAGE - A unit of weight equal to 2,000
pounds; also called a short ton.
Glossary - Page 35
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TOP DRESSING - A covering material, such as yard
waste compost* spread on soil without being
plowed under.
TOPOGRAPHIC MAP - A map indicating surface
elevations of an area through the use of
contour lines. It also shows population
centers and other cultural and land use
features, surface water drainage patterns and
forests. These maps enable quick
identification of areas of slopes that are
more suitable for sanitary landfills.
TOTAL DISSOLVED SOLIDS (TDS) - A
measurement of all solids that are dissolved
in water, waste water, or leachate, usually
stated in milligrams per liter or parts per
million.
TOTALLY ENCLOSED TREATMENT FACILITY
- A facility for the treatment of hazardous
waste 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 of hazardous waste into
the environment during treatment. An
example is a pipe in which waste acid is
neutralized.
TOXIC - Capable of producing injury, illness, or
damage to living organisms through
ingestion, inhalation or absorption through
any body surface. The United States
Academy of Sciences defines the toxicity of
a given material using four parameters: (1)
rate of release to the environment, (2)
residence time in the environment, (3)
potential for bioaccumulation, and (4)
adverse effects on health.
TOXIC METALS - Metals (usually Heavy Metals)
which interfere with the respiration,
metabolism or growth of organisms.
TOXIC SUBSTANCES CONTROL ACT (TSCA) -
This act provides the regulatory vehicle for
controlling exposure and use of raw
industrial chemicals that fall outside the
jurisdiction of other environmental laws.
Where other environmental laws control
chemicals during use, transport and
disposal, the TSCA was passed to assure
chemicals would be evaluated before use to
make sure they pose no unnecessary risk to
human health or the environment See 40
CFR 700-799.
TPD - Tons per day. The most common method of
illustrating the capacity of a facility is to
measure the quantity of materials (e.g., solid
waste, residue, recycled materials) handled
per day at the facility.
TPD, TPW, TPY - Acronyms for tons per day, tons
per week, and tons per year, respectively.
TPY - Tons per year.
TRADE WASTE - A European term for recyclable
materials such as envelope cuttings and
boxboard cuttings generated by
manufacturers.
TRANSFER - The act of moving wastes from
collection vehicles to larger transport
vehicles.
TRANSFER STATION - A facility where wastes are
removed from small collection vehicles
(e.g., compactor trucks) and loaded onto
larger transport vehicles (e.g., tractor
trailers) for transport to disposal areas.
Compaction or separation may occur prior
to loading.
TRANSFER TRAILER - A vehicle used to transport
large quantities of waste over long
distances.
TRANSPORTER - Any person engaged in the off-
site transportation of hazardous waste within
the United States, by air, rail, highway, or
water, if such transportation requires a
manifest under 40 CFR Part 262.
TRASH - Commonly used term for solid wastes;
including yard wastes but not food wastes.
TREAD - The outer portion of a tire that meets the
road.
TREATMENT - Any method, technique or process,
including neutralization, designed to
change the physical, chemical, or biological
character or composition of any hazardous
waste so as to neutralize it, or render it non-
hazardous or less hazardous, or to recover it,
Page 36 - Glossary
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make it safer to transport, store or dispose
of, or amenable for recovery, storage, or
volume reduction.
TRIAL BURN - A trial incineration of hazardous
waste that tests an incinerator's destruction
removal efficiency.
TROMELLING - The process of removing fine,
dense material (e.g., glass fragments, grit)
from shredded waste. An open ended
screened drum, called a tromel, allows small
particles to pass as waste is tumbled within.
TSCA - An acronym for the Toxic Substances
Control AcL
TSD - An acronym for hazardous waste treatment,
storage, or disposal facility.
TSDF - Another acronym for hazardous waste
treatment, storage, or disposal facility.
TUB GRINDER - A machine used to process
agricultural and organic wastes, including
yard debris. The device incorporates a
rotating tub feeding a grinder.
UBC - An acronym for used beverage cans.
UNCONFINED AQUIFER - An aquifer that contains
water under atmospheric pressure. Not
overlain by impermeable stratum, the water
level in the aquifer may rise or fall
according to the volume of water stored, a
variable dependent upon seasonal cycles of
natural recharge.
UNDERGROUND STORAGE TANK (UST) -
Under RCRA an underground storage tank
is defined as any tank with at least 10
percent of its volume buried below the
ground, including any pipes attached to the
tank. Thus, above ground tanks with
extensive underground piping may be
regulated under Subtide I of RCRA.
UNSATURATED ZONE - The geological layer
below the earth's surface and above the
uppermost seasonal level of the water table.
UPSTROKE BALER - A baling device in which the
compression ram and platen move upward
into the chamber. Pit balers are a type of
upstroke baler.
USED BEVERAGE CANS (UBC) - Used cans
generated from the consumption of beer,
soft drinks, juice and other beverages. The
reference is typically to used aluminum,
cans.
USED BROWN KRAFT - As a paper stock grade,
consists of baled brown kraft bags free of
objectionable contents.
USED MOTOR OIL - Any oil previously used in
machinery.
USEPA - An acronym for the United States
Environmental Protection Agency.
UST - An acronym for underground storage tank.
VECTOR - A carrier, usually an insect, which is
capable of transmitting disease from one
organism to another.
VERMICOMPOSTTNG - The use of worms to digest
raw or stabilized organic waste.
VERTICAL BALER - Downstroke or upstroke baler.
VIBRATING SCREEN - A mechanical device which
sorts material according to size.
VIRGIN MATERIALS - See natural resources.
VOLATILE - Evaporating readily at normal
temperatures and pressures.
VOLUME REDUCTION - To decrease the volume
of solid waste by methods of incineration
(90-98% reduction) or compaction (50-80%
reduction).
VOLUNTARY SEPARATION - The participation in
waste recycling willingly, as opposed to
mandatory recycling.
VULCANIZATION - The process of treating crude
rubber to make it non-plastic and to increase
its strength and elasticity. Vulcanization
involves the use of sulfur and heat, thereby
cross linking the polymer chain.
Glossary - Page 37
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WASTE COMPOSITION - The relative amount of
various types of materials in a specific waste
stream. Also called waste characterization.
WASTE DIVERSION CREDIT - A financial
incentive provided to municipalities or
private recycling operations based on the
tonnage diverted from the waste stream.
WASTE EXCHANGE - An action leading to the
reduction of waste generated by another
firm.
WASTE GENERATION - The act or process of
creating solid wastes, usually as a byproduct
of another action.
WASTE MANAGEMENT PRACTICES - Refers to
aspects of a facility's design, operation and
closure that ensure protection of human
health and the environment while treating,
storing or disposing of waste.
WASTE MINIMIZATION - An action leading to the
reduction of waste generation, particularly
by industrial firms. Also see waste reduction
and source reduction.
WASTE PAPER - Recyclable paper and paperboard.
WASTE PAPER HYDROMULCH - A growing
medium produced from waste paper.
WASTE REDUCTION - The decreased generation
of solid waste. This is accomplished by
changing or reducing consumer
consumption, increasing product durability,
repairability, or reusability, changing
packaging practices or reducing packaging,
and introducing new production
technologies which are less wasteful. Also
see waste minimization and source
reduction.
WASTE REUSE - See reuse.
WASTE SOURCES - Agricultural, residential,
commercial, and industrial areas that
generate solid wastes. Can also include
treatment plants that generate sludge
through processing.
WASTE STREAM - The waste material output of a
community, region or facility.
WASTE-TO-ENERGY (WTE) - A torn used for
municipal solid waste incinerators which
recover the heat of combustion and use it to
generate steam for heating or conversion to
electricity.
WATER TABLE - Either (1) the upper limit of the
part of the soil or underlying rock material
that is wholly saturated with water or (2) the
upper surface of the zone of saturation in
ground waters in which the hydrostatic
pressure is equal to atmospheric pressure.
WATER-WALL FURNACE - Field-erected
incineration equipment the side of which
consists of water-carrying tubes. As water
circulates through the tubes, it extracts the
energy produced by waste combustion and
turns into steam.
WET SCRUBBER - An air pollution control device
which removes particulates and gaseous
pollutants from exhaust emissions using
either a spray or a wetted surface.
WETLANDS - Fragile environments such as bogs,
bayous, swamps, marshes, tidal flats or
other areas that are regularly inundated or
saturated by ground or surface water with a
frequency sufficient to support a prevalence
of vegetative or aquatic life that requires
saturated or seasonally saturated soil
conditions for growth and reproduction.
WHITE GOODS - A generic term for obsolete major
appliances such as refrigerators, dryers,
washing machines, water heaters and stoves.
The term derives from the white enameled
metal used in many appliances. See also
brown goods.
WHITE LEDGER - See sorted white ledger.
WINDROWING - The placement and management
of compostable material in a piled row
(windrow).
WIPING CLOTH - A recycled product made from
scrap textiles and used in industrial and
commercial applications as a cleaning rag.
WOOD PULP - The primary material from which
most paper and paperboard are made. It
Page 38 - Glossary
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consists of small, loose wood fibers mixed
with water.
WTE - An acronym for waste-to-energy incinerators.
YARD DEBRIS - See yard waste.
YARD WASTE - Leaves, grass clippings, branches
and other organic wastes produced as part of
yard and garden development and
maintenance.
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