NEIC
National Enforcement Investigations Center, Denver
ENFORCEMENT AND SAFETY PROCEDURES FOR
EVALUATION OF HAZARDOUS WASTE DISPOSAL SITES
(J.S. Environmental Protection Agency
ice of Enforcement
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF ENFORCEMENT
ENFORCEMENT AND SAFETY PROCEDURES FOR
EVALUATION OF HAZARDOUS WASTE DISPOSAL SITES
July 1980
William C. Blackman, Jr., P.E.
Barrett E. Benson, P.E.
Kenneth E. Fischer, P.E.
Utah Z. Hardy
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
Denver, Colorado
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ENFORCEMENT AND SAFETY PROCEDURES FOR
EVALUATION OF HAZARDOUS WASTE DISPOSAL SITES
William C. Blackman, Jr., P.E., EPA-NEIC, Denver, Colorado
Barrett E. Benson, P.E., EPA-NEIC, Denver, Colorado
Kenneth £. Fischer, P.E., EPA-NEIC, Denver, Colorado
Utah Z. Hardy, EPA-NEIC, Denver, Colorado
INTRODUCTION
Enactment of the Resources Conservation and Recovery Act of 1976
(RCRA), and promulgation of the implementing regulations bring about two
requirements fjr evaluation of Hazardous Waste Disposal Sites (HWDS) by
Federal, State and local pollution control agencies and their contractors.
Whether for the development of evidence or for the design of remedial mea-
sures, HWD site evaluations require of the evaluator new dimensions of pre-
cision, document control, quality assurance, and safety procedures. These
requirements grow from the fact that hazardous waste sites are hazardous
not only to the investigator, but to large numbers of the public; that investi-
gative procedures may transform a potential hazard into a virulent one; and
that unassailable quality of data is required for use as evidence for re-
medial action.
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Hazardous waste disposal sites may contain toxic, carcinogenic, reac-
tive, flammable, or explosive materials. Hazards are not limited to the
site, but are transferable by movement of surface and groundwaters, air
movement, shipment of samples, analysis in the laboratory and remedial or
ultimate disposal activity.
Enforcement procedures include exacting document control, Chain-of-
Custody, and quality assurance because of the very large liabilities and
remedial costs associated with HWDS and because of the similarly large
costs and liabilities associated with errors of procedure or flawed data.
The Environmental Protection Agency (EPA), National Enforcement In-
vestigation Center (NEIC) began development of techniques and strategies
for HWDS evaluations, for enforcement purposes, on uranium mill tailings
sites and chemical dumps, in tlri early 1970s. More recently, these pro-
cedures have evolved as a result of experience, adaption, improved equip-
ment and recent agency emphasis, to now provide the basis for much of the
agency's procedural doctrine. The safety and evidentiary aspects of those
procedures are summarized in this paper. Three documents1'2'3 are quoted
or excerpted extensively throughout this paper, and rigorous citation of
each quote or excerpt would be unwieldly.
The authors invite comment, critique, and recommendations pertinent to
the subject, and to the material presented.
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GENERAL INVESTIGATIVE CRITERIA
Evaluation of HVIDS is directed toward providing answers to five basic
questions:
Are the wastes adequately immobilized or destroyed at the site?
By what routes or means can the wastes move off the site?
What effects could occur (or might have occurred) through the dis-
charge or re^ease t'ie wastes?
What steps are necessary to remedy the hazard(s)?
Procedures for determination of answers to the five basic questions
are based upon the general requirements that: (a) exposure and hazard to
investigative personnel and the public must be minimized, and; {b) evidence
gathered must be litigable. It can be ar-gued that some evaluations may not
lead to litigation, however, the disposition of the data gathered is fre-
quently indeterminate until after the investigation is complete. Moreover,
rigid quality assurance, including document control, is essential irrespec-
tive of the purpose of the case.
The MEIC approach to the dual, requirements of minimizing hazard and
assuring litigability rests upon a scale of intensity [Table 1] that pro-
gresses from essentially no hazard and simple procedures, to maximum hazard
and highly complex procedures. The standing rule for investigative team
leaders is that procedures employed in HWDS investigations are to be lim-
ited in hazard and complexity to those necessary to meet objectives, i.e.,
screening, case development, cleanup, etc. Team leaders develop study
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Table 1
INTENSITY OF HAZARDOUS WASTE DISPOSAL SITE
INVESTIGATIVE PROCEDURES
Onsite Measurements (Entry)
U")
O
+J
• i—
X
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plans to meet the stated objectives. With management guidance, safety re-
view, legal counsel and peer review, the team leader judges the level of
intensity that will be necessary to meet the objectives. Experience and
informed judgment are major factors in the intensity decision.
PRELIMINARY ASSESSMENT
A preliminary assessment should be made of each HWOS to be investi-
gated. The preliminary assessment may provide sufficient data to: (a) pri-
oritize the case, (b) plan the necessary investigation, or (c) proceed to
litigation or cleanup without further investigation. This assessment is
accomplished through telephone and personal contacts with knowledgeable
persons, file searches, and analysis of aerial photography.
The objectives are as follows:
Determine if an emergency or potential emergency exists;
Estimate potential severity of the problem and establish
priorities for further investigation;
Focus the inspection and field investigation efforts on
the proper areas;
Discover hazards to field personnel, allowing them to
take proper safety precautions;
Incorporate whatever findings are available from pre-
vious studies of the site, and;
Develop an estimate of the kinds of resources needed
to investigate the problem.
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Initial Contacts
The original source of information, regarding a HWDS, whether private
citizen or government official, should be asked for names of all other
persons who might have knowledge about the site in question. If the con-
tact is a private citizen, the names of anyone who might be able to corrob-
orate the report should be requested. When appropriate, witnesses should
be asked to prepare affidavits in support of their statements. If personal
injury or property damage is claimed, the name and telephone number of the
attending physician or insurance adjuster should be ascertained. If the
source of information is an employee of the facility under discussion, it
is advisable to inform that person of the the employee provisions of RCRA,
Section 7001.
Government Files
After receiving a report of a possible waste disposal , the investiga-
tor should examine all available information in government files. Within
the EPA regional offices, contacts in the Toxic Substances, Drinking water,
Solid Waste, and Enforcement Offices should be consulted for information.
State and local environmental agencies may have valuable information re-
garding sites, disposal practices, and other technical data. Fire depart-
ments and labor unions may have pertinent file material. In particular,
*
information on whether the operator has an NPDES permit should be sought.
* National Pollutant Discharge Elimination System.
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If the operator has applied for a permit, there may be considerable infor-
mation on the wastesdisposed at the site and the engineering design of the
facility. If no NPDES permits are held by the facility, then demonstration
of discharges to surface waters may suffice for initiating a full enforce-
ment investigation or enforcement action. In many cases, information may
be available from State inventories of surface impoundments under the Safe
Drinking Water Act (SDWA) or of open dumps under the Resource Conservation
and Recovery Act (RCRA). In some cases, the U.S. Geological Survey (LISGS)
may have conducted investigations of groundwater pollution and found that
the source is a waste disposal facility. Thus, USGS should be consulted
for information on sites under study.
If the facility has applied, for a State solid waste permit, a consid-
erable amount of information may be available regarding geo'ogy, hydrology,
and soils. Records of site visits and State enforcement actions should be
requested. State water quality agencies may have data on ambient surface
water and groundwater quality. Precise geographical location of the facil-
ity (geographical coordinates in degrees, minutes, and seconds) is impor-
tant for obtaining aerial imagery. In many cases the county Registrar of
Deeds will provide such information over the telephone; otherwise, they
will generally respond to a written request. The investigator should also
ask for highway direction to the site. Zoning or planning commissioners
may be able to provide detailed maps of the site and its environs.
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Environmental Data
Geology, hydrology, climate and other environmental factors are keys
to evaluating the pollution potential of a waste management facility. Sources
of and uses for, such information are:
1. Geology
Information on local bedrock types and depths may be important to an
investigation of groundwater pollution problems, particularly where producing
aquifers lie beneath the water table aquifer. Sedimentary strata (limestones,
sandstones, shales) tend to channel groundwater flows along bedding planes;
flow directions may be determined by the dip in the strata. Where limestones
are present in humid climate's., solution channels may develop allowing very
rapid transport of pollutants over long distances with little attenuation.
Igneous and metaphoric bedrock (granites, diorite, marble, quartzite, slate,
gneiss, schist, etc.) may permit rapid transport of polluted groundwater
along fracture zones. Depth to bedrock may be an important factor in selecting
the appropriate type of remedial action. Sources of this information include
USGS reports and files, State geological survey records, and local well-driller
logs.
2. Soils and Overburden
Soil and overburden types and permeabilities are very important factors
in evaluating the pollution potential of a waste management site. Highly
permeable soils (i. e. , 103 cm/sec) may permit rapid migration of pollutants,
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both vertically and horizontally, away from containment areas. Kates of
attenuation of pollutants in the unsaturated zone and underlying aquifers
are a function of soil chemistry and physical characteristics. It is often
important to ascertain the availability and quality of local clays in consider^
ing possible remedial measures. The USGS, the Soil Conservation Service,
Agricultural Extension Service Agents, State geological survey records,
local well drillers, and local construction engineering companies may be
able to supply such information.
3. Climate
Local climate may also be an important factor in the pollution potential
of a facility. Mean values for precipitation, evaporation and evapo-transpira-
ti on, and estimated infiltration can be used as general indicators of the
potential for groundwater pollution at a site.. In many cases, groundwater
or surface water pollution has occurred due to unusualiy high amounts of
precipitation. Even in an arid region where little or no recharge to ground-
waters generally occurs, an extremely wet year may create a serious pollution
problem. In evaluating the pollution potential of a "non-discharging" surface
impoundment, it may be expedient to calculate a mass balance to determine
if seepage through the walls or bottom is occurring. For these purposes,
the investigator would find it necessary to consult monthly or seasonal
precipitation and evaporation (or temperature) records during the period of
operation. The maximum recorded or estimated rainfall for a given period
of time (24/48-hour or monthly) may be an important factor in evaluating
the amount of freeboard needed in a surface impoundment. Where airborne
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contaminants may be a problem, it will be important to determine prevailing
wind patterns and velocities. Such information can be obtained from the
National Oceanic and Atmospheric Administration (NOAA) in Ashville, North
Carolina.
4. Geohydrology
In most cases, the investigator will need to acquire information on
the groundwater hydrology of a site and its environs. Depths to the water
table and any underlying aquifers, characteristics of confining layers,
piezometric surfaces (heads) of confined aquifers, direction(s) of flow,
existence of perched aquifers, and areas of interchange with surface waters
will be vital in evaluating the pollution potential of a facility. Ground-
water use in the area of the site should be thoroughly investigated to find
the depths of local wells, pumping rates, and the ways in which the water
is used. Sources of such information include the USGS, State geological
surveys, local well drillers, and State and local Water resources boards.
A list of all State and local cooperating offices is available from the
USGS Water Resources Division in Reston, Virginia. This list has also been
distributed to EPA Regional Offices.
5. Surface Waters
The locations of all surface waters or dry stream beds in the areas
should be investigated, and surface gradients on and around the site should
be determined.
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If surface waters down-gradient from the site are used for drinking, rec-
reation, fishing, irrigation, or livestock watering, this should be noted.
Where pollution of surface waters is suspected, it is advisable to collect
available base-line water quality data and stream flow rates. In addition,
it may be necessary to get information on all NPDES permitted discharges by
other operations in the vicinity of the site under investigation. Topogra-
phic maps, aerial photography, and the National Water Data Exchange
(NAWDEX) systems of USGS can provide useful information on surface waters:
6. Sensitive Environments
The investigator should also determine if the site is located in a
sensitive environment; e.g., in a floodplain, inside or adjacent to wet-
lands, in a recharge zone of a fresh water aquifer, in an area of karst
topography, or in a fault zone. In general, the potential for long-term
environmental disruption, if a discharge of hazardous wastes should occur,
must be determined.
Site Environs
Before conducting a site visit, it is advisable to gather some infor-
mation about the area surrounding the site. For the safety of those con-
ducting a site visit, the names and telephone numbers of police and fire
department responsible for that area should be noted. Furthermore, these
departments may provide information on past incidents at the site under
investigation. Sources of drinking water supplies in the area, both public
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and private, should be noted. In addition, the investigator should check
to see what analyses have been performed on these water supplies and re-
quest copies of all data. It may be important to find out what kind of
treatment system is used by the public water supplier. If the area sur-
rounding the site is serviced by a public water supply, it is important to
determine the locations of water mains ~ these could be conduits for entry
of polluted groundwater into the public water system. Likewise, informa-
tion should be gathered on the local sewer and storm drain systems to de-
termine possible infiltration or illegal discharge points. The most impor-
tant characteristics for determining the hazards in a given situation are
population densities and distances to residences, schools, commercial
buildings and any other occupied facilities in the vicinity of the waste
site. The investigator should also try to determine if any flammables or
explosives, such as liquified natural gas, are stored near the site. Gen-
eral land use of the environs should be studied if crops or livestock are
raised in the area the types should be noted. Information on the Wildlife
or aquatic life in the area may yield important clues to the environmental
impact of the site.
Hazardous Waste Management Information
If no information on wastes is available from government sources, it
may be necessary to proceed with the site inspection and field investiga-
tions without benefit to background information. However, in some cases,
it may be possible to form a hypothesis on the kinds of waste present at
the facility. Where a landfill contains both municipal and industrial
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wastes, it is probable that much of the waste comes from the local indus-
tries. If appropriate dates of operation of the facility are known, local
officials or the Chamber of Commerce may be able to provide information on
industries operating locally during that time period. In the case of an
onsite (at the generator's site) facility, it may be possible to determine
the type of waste present. Information on the composition of waste streams
associated with various industrial processes may be obtained from the EPA
Hazardous and Industrial Waste Division of the Office of Solid Waste in
Washington, D.C. Other sources are the EPA Assessment of Industrial Haz-
ardous Waste Practices4 (14 industries covered) and Pollution Control in
the Organic Chemical Industry5 (Noyes Data Corporation).
Aeri al Imagery
Aerial imagery is an effective and economical tool for gathering infor-
mation on waste management sites. In general, aerial imagery should be
acquired during the preliminary stages of an investigation for the follow-
ing reasons:
A considerable amount of information can be collected and
documented with a minimal amount of effort.
Locations of spills, discharges, leaks, or damage, may be
pinpointed, enabling inspectors to plan their observation
and sampling efforts.
Maps of the site and its environs can be prepared prior to
inspection.
Obvious hazards to inspectors may be observed without expo-
sing personnel to harm.
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Examples of information available through analysis of imagery are:
facility design and operation; surface drainage; spills; leaking contain-
ers; incinerator plumes; container inventories; surface leachate springs
from landfills; seepage at dikes; surface water discharge points and
plumes; vegetation damage; pipelines; land use of the site environs, and
past waste disposal practices (using archival photos).
Federal agencies have been using aerial photography for a variety of
purposes for several decades. In cases where it is important to gather
information on the locations, areal extent, and historical development of
facility operations (e.g., the size and locations of old landfill cells);
archival photography can prove invaluable.
Archival photographs are available from the National Cartigraphic
Information Center, U.S. Geological Survey, Reston, Virginia, and from EROS
Data Center, Sious Falls, South Dakota. Photographs taken prior to 1950
are available from the National Archives. Generally, the requester must
specify the geographical coordinates (latitude and longitude) of the site
when requesting photography. Information on the photography available for
a given site can usually be obtained in less than 30 minutes. Standard
orders for copies of photographs are processed within six weeks; priority
request require approximately one week at a significantly higher cost.
Aerial photography and photo interpretation services are available
through contract arrangements and through cooperative arrangements with
government agencies. Investigators should obtain competent counsel regarding
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Dow vs EPA prior to initiating aerial photo or reconnaissance operations.
EVALUATION OF PRELIMINARY DATA
The initial evaluation of information concerning a site is performed
after completion of the preliminary assessment to determine the following:
the existence (or nonexistence) of a potential hazardous
waste problem;
the apparent seriousness of the problem and the priority
for further investigation or action;
the type of action or investigation appropriate to the
situation.
Evaluation of the data by a team of specialists is desirable. Parti-
cipants with some or all of the following professional and technical skills
should be includec in the process as appropriate: an environmental engineer
(environmental3 sanitary, chemical or industrial engineer)* geohydrologist,
chemist, and an attorney are recommended. Personnel with skills in assessing
the health effects of exposure to toxic or hazardous substances, engineering
personnel with the ability to assess appropriate remedies for hazardous waste
disposal sites, and biologists trained and experienced in bioassay techniques
(static and flow-through) may be needed.
Data Requirements
The data needed to evaluate the pollution potential of a waste management
site can be roughly organized into four groups, presented in Table 2. "Waste
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Table 2
DATA REQUIRED FOR EVALUATION
WASTE CHARACTERISTICS
WASTE MANAGEMENT
toxicity (Sax toxicity) -
presence of leachate/presence runoff
^.9 >s
collection and treatment system -
1 ,s .a
Ignitability (flash point or NFPA
' ) v » 3
presence of liners - g
number) - f,1,a
reactivity - l,a,d,g
site security - d,f
corrosivity - l,d
presence of incompatible wastes -
a,d,f
infectivity - l,g,s,a,d
condition of containers - l,g,s,
a,d,f
persistence - l,g,s,a
danger of fire or explosion due
to poor management practices -
a,d,f
radioactivity - l,g,s}a,d
quantity of waste - 1,g,s,a
incinerator performance/pol1ution
control devices - a
solubility - 1,a,d
volatility - 1,a,d
viscosity - 1,s
PATHWAYS
RECEPTORS
depth to groundwater - g
population density - l,g,s,a,d
soil permeability - g
proximity to. surface drinking
water supply - s
bedrock permeability - g
proximity to drinking water wells -
g
proximity to surface water body - s
proximity to nearest non-site re-
lated building - l,a,d,f
net precipitation - g,s
zoning/land-use of adjacent area -
l,a,d,f
soil thickness - g
zoning/1 and-use of adjacent area -
l,a,d,f
evidence of groundwater contamina-
endangered species or critical en-
tion - a
vironments potentially effected -
l.g.s.a.d
evidence of air contamination - a
evidence of land contamination - 1
Key: 1 = land contamination; g = groundwater; s = surface water; a = air
pollution; d = direct contact; f = fire/explosion.
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Characteristics" refers to those factors which describe the hazardous na-
ture of the substances involved, the mobility of the materials, and their
persistence in the environment. "Waste Management" describes the extent to
which the materials are adequately isolated and contained or destroyed at
the site. "Pathways" describes the possible routes of movement of materi-
als off site and may be considered as a function of time. 11 Receptors" re-
fers to the sensitivity of the site environs to pollution. The components
listed under each major heading represent a relatively limited amount of
information; if other information is available this should be factored into
any decisions reached. In some instances not all the needed information
will be available following the preliminary assessment. Thus, the offsite
and onsite evaluations should be focused cn acquiring the missing informa-
tion.
Evaluation of Pollution Potential
In evaluating the information on a specific waste disposal site, the
problem must be broken down into the various types of pollution or health
problems, i.e., groundwater, surface water, air, direct contact, and fire
or explosion. Under each item on Table 2 there is a key to relate that
item to a problem. The pollution potential for each problem type should be
evaluated separately on the basis of the relevant factors.
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Major factors for evaluating groundwater pollution potential include:
WASTE CHARACTERISTICS
WASTE MANAGEMENT
toxicity
presence of leachate
i nfectivity
collection system
radioactivity
condition of waste
quantity of wastes
containers
solubility
PATHWAYS
RECEPTORS
depth to groundwater
proximity to drinking water wells
soil permeability
critical environment (karst, fault
bedrock permeabi1ity
lines, etc.)
net precipitation
population density
soil thickness
evidence of groundwater
contamination
The data once organized as above, should lead the investigator to the
objective decision regarding further investigative activity. If the inves-
tigation is directed toward the "Imminent Endangerme ,t" provisions of RCRA
(Sec. 7003), the investigator must make, the somewhat subjective judgment as
to the additional data, if any, needed to establish "endangerment". Ex-
cerpts from an internal EPA memorandum, dated January 25, 1980, from the
Acting Director, Hazardous Waste Enforcement Task Force, are included here-
in as Appendix A and may be helpful in planning for HWDS evaluations.
OFFSITE INVESTIGATIONS
The offsite investigations may be employed as the next level of inten-.
sity of investigation, or may be bypassed to proceed with an onsite inves-
tigation.
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The offsite investigation is, in most cases, the approach taken to deter-
mine the extent to which hazardous materials are migrating from the site.
Environmental Measurements
All field observations, sample locations, time of sampling, type and
disposition of samples taken, notations regarding photographs, and other
field data should be recorded in bound field log books. Chain-of-Custody
must be maintained on all samples and document control procedures must be
imposed to ensure 1itigability. Chain-of-Custody and document control are
discussed later herein.
The two primary items which should be investigated are actual and po-
tential pathways for hazardous or toxic material to migrate offsite and the
population at risk or environmental damage which may or has occurred. Mi-
gration from the site can occur via direct discharge to water courses or
sewers, runoff incidents, spills, groundwater vectors, and airborne mechan-
isms.. Obvious evidence includes vegetation damage and structural deterio-
ration and discoloration.
Sewers and runoff channels should be located and sampled. If dry,
sediment samples from the channels may indicate offsite migrations. Nearby
wells should be sampled to detect contamination and to assess the hazard to
users of water from the wells. Ambient air should be sampled downwind from
the site for organic constituents. Care must be taken to accomplish the
sampling with spark-free equipment.
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Samples of surface runoff, groundwater, soil, sediment, biological
material, and ambient air, collected offsite, may generally be considered
to be '-'Environmental Samples". In general, the testing procedures and
shipping requirements are designed for samples containing less than 10 ppm
of any single organic pollutant and less than 100 ppm of any single inor-
ganic pollutant although the samples may well exceed these concentrations.
Investigative team leaders must exercise judgment, such that if samples are
suspected of containing substantially higher concentrations, they be treat-
ed as Hazardous Samples. Environmental samples may be handled, shipped,
and analyzed by standard procedures. Shipping of samples is discussed la-
ter herein.
Documentation
Photographs are important in documenting the cause and effect rela-
tionship of hazardous materials migrating offsite, expecially in the areas
of environmental damage and potential exposure to the public. Whenever
samples are collected, photographs should be taken to verify the written
description in the field logbook. In all cases where a photograph is ta-
ken, the following information must be written in the logbook:
time, date, location and, if appropriate, weather conditions;
complete description or identification of the subject in the
photograph and reason why the photograph was taken;
the sequential number of the photograph and the file roll
number;
name of person taking photograph.
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Wherever possible, a map should be drawn using aerial imagery. If
aerial imagery is not available, then a sketch map of the site environs
must be. drawn in the field. The map should include all residences and other
buildings in the vicinity of the site, drainage ditches, surface waters,
known water wells, general land use patterns, roads, and reference points
(e.g., telephone poles and their serial numbers). All sampling points must
be noted on the map.
ONSITE INVESTIGATIONS
As noted above, an onsite investigation becomes necessary when assessments
of existing data or offsite investigations fail to produce the data needed
to meet objectives. Onsite investigations may be thought of as involving
assessable materials or materials requiring entry of closed containers.
Both types require rigorous planning and detailed study plans; adherence to
the legal requirements for entry; strict observance of safety rules; special
handling and shipping procedures for samples; and adherence to Chain-of-Custody
and document control procedures. The study plan should state the objectives
and provide a detailed scenario for achieving the objectives, which may include:
Determination of the need for emergency response;
Determination of disposal practices and methods;
Compliance with Federal, State and local regulations;
Determination of the extent of contamination;
Amounts and locations of hazardous waste stored;
^ Determining the adequacy of storage, disposal, or
treatment facilities
Potential for materials to migrate offsite;
Determination of access control;
Documentation or determination of imminent hazard;
Remedies to bring site into compliance;
Review of site records;
Inventory of drums or drum contents;
Mapping the site;
Safety procedures for field investigation;
Determination of potential sites for field investigation;
Sample collection during inspection.
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The study plan is an element of the case documentation, can be expec-
ted to be the basis for cross-examination by counsel for defendants, and
must accurately reflect the various elements of the investigation. Changes
found necessary during the course of the investigation must be rigorously
documented in the field notebook.
Entry
The inspection personnel must notify the owner or operator or his rep-
resentative at the site of be inspected and obtain permission to enter the
property; written notification is not required under RCRA; however, an
owner, operator, or designated official may not be present at an inactive
site and advance nofication may be desirable. If the appropriate official
is present onsite, permission should be obtained when the inspector ar-
rives. Advance notification should be accomplished through agency arrange-
ment. If the ownership of an abandoned site cannot be determined, or if
responsible officials cannot be located, agency counsel should determine
the appropriate course of action.
Section 3007 of RCRA authorizes officers and employees of the EPA or
State "to enter at reasonable times any establishment or other place main-
tained by any person where hazardous wastes are generated, stored, or dis-
posed of; to inspect and obtain samples from any person of any such wastes
and samples of any containers or labeling for such waste". The inspector
must present credentials to the appropriate person at the site which indi-
cate that the inspector is a lawful representative of the Administrator of
the EPA or state agency and is authorized to perform the inspection.
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Unless a warrant has been obtained, inspections must be made with the
consent of the owner/operator or other person so authorized. The following
are general rules concerning consent.
Official agency credentials must be presented to the plant
representative authorized to give consent to an inspection
of the facility.
Consent must be given by the owner of the premises or the person
in charge of the premises 3t the time of the inspection.
Consent must be secured without any behavior which could be
characterized as coercive (either in a verbal or physical sense),
such as threats of punitive action.
Consent to the inspection may be withdrawn at any time. That
segment of the inspection completed before the withdrawal of
consent remains valid. Withdrawal of consent is equivalent to
refused entry. A warrant should be secured to complete the
inspection.
Consent is not required for observation of things that are in
plain view, i.e., that a member of the public could be in a
position to observe, including observations made while on private
property in areas that are not closed to the public, e.g., matters
observed while the inspector presents his credentials. However,
a warrantless inspector's access co any portion of the facility
may be limited at the discretion of the owner of the facility.
Consent may be given with "conditions". When such "conditional"
consent is proposed, guidance should be sought from the agency
counsel, or other appropriate agency authority, prior to further
activity. "Conditions" must be accurately recorded.
If denied entry after the appropriate steps have been followed, the reason
for denying entry should be recorded in the field logbook, along with the date,
time and person's name. All events surrounding the refused entry should be docu-
mented. Also, note such observations about the appearance of the facility as
are possible. The agency counsel should then initiate proceedings to obtain
a warrant. Procedures for conduct of the investigation under warrant should
be carefully listed by counsel and scrupulously followed by the investigator.
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Sampling
Before samples are collected, the site must be checked for radioactiv-
ity and explosivity. If radioactivity is greater than 10 mi 11i-Roentgens/
hr (mR/hr) operations should be halted until continued operations have been
recommended by a competent radiation monitoring team. If explosive concen-
trations of vapors are detected, all team members must be immediately evac-
uated, the fire department notified, and the supervisor consulted for di-
rection regarding further operations. The pH of all liquid samples should
be measured (litmus paper recommended) to determine if the material is cor-
rosive, neutral, or caustic.
Sampling procedures should conform to techniques appropriate for the
type of facility and waste, and they should be specified in the study plan.
Cross-contamination must be avoided; therefore, all sampling equipment must
be either thoroughly cleaned with soap and water, or solvent, or used once
and consigned to safe disposal. For liquid wastes, if the equipment has
been cleaned and is to be reused, the sampling equipment should be rinsed
thoroughly with the liquid waste to be sampled before the sample is col-
lected. Stainless steel, glass, or other compatible material should be
used to collect the samples. Disposable surgical gloves should be changed
between each sampling site
All samples collected onsite are to be considered "hazardous samples"
unless there is reliable data to the contrary. Hazardous samples are fur-
ther classified according to containment as:
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a. Unanalyzed Hazardous Waste Site Samples, Excluding
Closed Container Samples, or
b. Unanalyzed Hazardous Waste Site Samples From Closed
Containers.
All samples takeri from closed containers on hazardous waste sites must
be considered to be high-hazard and potential Poison A (defined later here-
in), unless there is clear evidence to the contrary. The shipping and tes-
ting procedures for these samples are designed to accommodate concentra-
tions to 100%.
Extreme care should be used in collecting concentrated wastes (e.g.,
from drums). The team leader should discuss whether remote drum opening
procedures and equipment should be implemented. If a disposable thief is
used it must be disposed of in the drum. The drum must be re-sealed after
sampling. Samples collected from an open drum or vessel may be toxic, and
vapors could be liberated if the surface film is broken or the contents are
disturbed. Samples of this type should be of minimal size consistent with
analytical requirements. Shipping procedures are those specified for Poi-
son A and are detailed later herein.
All onsite samples, whether from exposed areas or from closed contain-
ers should be prepared and given initial screening in a "regulated" labora-
tory prior to analysis in an "environmental" laboratory. This precaution
is taken not only to prevent exposure or injury to analysts, but to prevent
contamination of analytical equipment, instruments, and work-space in the
environmental laboratory.
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Documentation
As discussed under "Offsite Investigations" photographs should be ta-
ken, and logged, at various locations to document conditions and provide
visual proof of potential hazards. When using self-contained breathing
apparatus, the face mask will make focusing the camera difficult; there-
fore, it is recommended that a camera with automatic focus sensor be used.
Permission to take photographs should be obtained from the owner or
operator of the site. If permission is denied the investigator may request
that the owner/operator or representative take photographs, review them,
and send copies. Alternately, agreement may be reached for the investiga-
tor to take the photographs and provide the film to the owner/operator for
review before mailing to the investigator.
A sketch of the onsite area should be prepared with fixed landmarks
(power poles, buildings, etc.) established as reference locations. Dis-
tances should be determined by measurement with a survey tape or hand-held
range finder, or combination of both. The range finder should be calibra-
ted by the inspector before measurements are taken. The survey tape may be
contaminated by contact with material onsite; therefore, the tape should be
disposed of or decontaminated upon completion of the inspection. Photo-
graphs of various areas of the site will aid in preparing the final sketch.
All sample locations should be marked on the sketch. Inventory of visible
drums should be made where possible and drum locations should be included
on the sketch. The contents of the drums will probably be different than
the contents specified on the labels; nevertheless, the labels may provide
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useful information. Names of possible waste generators on labels or sten-
cils should be recorded.
In addition to the drum inventory, the investigator should check .for
sewers and drains, spills or liquid disposal, and evaluate the runoff po-
tential. Observations of soils and the exposed faces of subsurface, materi-
als and formations should be made. The potential for fires, explosions,
and other imminent hazards should also be evaluated. If the situation re-
quires an emergency response, the Oil and Hazardous Materials Coordinator
in the EPA Regional Office, or the State or local counterpart should be
contacted immediately.
Chain-of-Custody must be maintained on all samples and documents.
Chain-of-Custody and Document Control are discussed later herein.
Leaving The Facility
When the inspection is completed, the inspector should notify the ap-
propriate person at the site. If samples have been collected, RCRA re-
quires that prior to leaving the site the owner, operator, or agent in
charge must be given a receipt describing the sample(s) and, if requested,
a portion of each sample equal in volume or weight to the portion retained.
If such split samples are provided, a Chain-of-Custody sheet should be com-
pleted for the split samples and signed by the owner or agent. If air sam-
ples are to be split, duplicate samples must be collected; this must be
determined prior to sampling.
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If access to the site is controlled by fencing and locked gates, the
inspectors must lock the gates when leaving if the owner or agent is not
onsite. An entry should be made in the field logbook of the date and time
the gate was locked. If left unlocked, an entry should be made stating the
reason.
CHAIN-OF-CUSTODY AND DOCUMENT CONTROL
All participants in HWD site investigations must know Chain-of-Custody
procedures. The procedures should be included in the Study Plan or be published
and available to all personnel. Due to the evidentiary nature of sample-collecting
investigations, the possession of samples must be traceable from the time the
samples are collected until they are introduced as evidence in legal proceedings.
To maintain and document sample possession; Chain-of-Custody procedures are
followed:
1. Sample Custody*
A sample is under custody if:
It is in your actual possession, or
It is in your view, after being in your physical possession,
or,
It was in your physical possession and then you locked it
up to prevent tampering, or,
It is in a designated and identified secure area.
* Under the Toxic Substances Control Act (TSC&), tighter custody rules
prevail. If the HWDS investigation is directed toward enforcement of
TSCA, samples must remain in the physical possession of the investiga-
tor until transferred.
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2. Field Custody Procedures
When collecting samples for evidence, collect only that
number which provides a fair representation of the media
being sampled. To the extent possible, the quantity and
types of samples and sample locations are determined prior
to the actual field work. As few people as possible should
handle the samples.
The field sampler is personally responsible for the care
and custody of the samples until they are transferred or
properly dispatched.
Sample tags shall be completed for each sample, using
waterproof ink unless prohibited by weather conditions.
During the course and at the end of the field work, the
team leader determines whether these procedures have been
followed, and if additional samples are required.
3. Transfer of Custody and Shipment
Samples are accompanied by a Chain-of-Custody Record.
When transferring the possession of samples, the indi-
viduals relinquishing and receiving must sign, date, and
note the time on the Record. This Record documents trans-
fer of custody of samples from the sampler to another per-
son, to a mobile laboratory, or to the permanent laboratory.
Samples must be properly packaged for shipment and dispatched
to the appropriate laboratory for analysis, with a separate
signed Custody Record enclosed in each sample box or cooler.
Shipping containers must be padlocked or custody-sealed for
shipment to the laboratory. Preferred procedure includes use
of costody seal* wrapped across filament tape that is wrapped
around the package at least twice. The custody seal is then
folded over and stuck to itself so that the only access to the
package is by cutting the filament tape or breaking the seal
to unwrap the tape. The seal is then signed. The "Courier
to Airport" space on the Chain-of-Custody Record shall be dat-
ed and signed.
* Custody Seals. Custody seals should be made of 1" x 6" U.L lutho tape
with security slots. This tape is backed with a very strong self adhesive
so that once stuck to itself it will not come apart without breaking the
seal.
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All packages must be accompanied by the Chain-of-Custody Record
showing identification of the contents. The original Record
will accompany the shipment, and a copy Will be retained by
the team leader.
If sent by common carrier, a Bill of Lading must be used.
Receipts should be retained as part of the permanent documen-
tation.
Section 3007 of RCRA requires splitting of samples with the "owner,
operator, or agent in charge" of the facility. If the sample is to be
split, it should be aliquoted into similar sample containers. Sample tags
and custody records completed with identical information are attached to
each of the samples and are marked as "Company Split" or "Split". If air
samples are to be given to the facility representative, then duplicate sam-
ples must be collected. The agency should have a clearly stated policy
regarding reimbursement for materials used in sampling. If reimbursement
is required, the facility representative should be so advised at the time
splitting is requested.
All documents issued or generated during a HWD site investigation must
be accounted for when the investigation is completed. Accountable docu-
ments used or generated will include logbooks, field data records, corres-
pondence, sample tags, graphs, Chain-of-Custody records, bench cards, and
photograph prints. Each document should bear a serialized number and
should be listed, with the number, in a project document inventory assem-
bled at the project's completion. The team leader should maintain an ade-
quate supply of serialized documents, issue them as needed, and record
their transfer.to the team members in.the team leader's logbook. All per-
tinent information must be recorded in these logbooks from the time each
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individual is assigned to the project until the project is completed. All
logbooks are the property of the investigating agency and must be returned
to the agency's Document Control Officer upon completion of the inspection
or investigation.
Logbook entries must be dated, legible and contain accurate and inclu-
sive documentation of an individual's project activities. Because the log-
book forms the basis for the later written reports, it must contain only
facts and observations. Language should be objective, factual and free of
personal feelings or other terminology which might prove inappropriate.
Entries made by individuals other than the person to whom the logbook was
assigned are dated and signed by the individual making the entry. Individ-
uals must sign each logbook assigned to them.
A detailed discussion of document control procedures, is presented in
Section IX of the contractor manual.1
SAFETY
Hazardous Waste Disposal site investigations, by their very nature,
require precautions to prevent loss of life, injury, or health hazard to
investigators and the public. This responsibility transcends all others
relatied to HWDS site investigations.
It is clear that every safety hazard associated with HWDS investiga-
tions cannot be anticipated; and accordingly, rules cannot be developed for
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every contingency that could arise. Consequently, a practical safety pro-
gram consists of: (a) rules and adherence thereto, and (b) the application
of common sense, judgment, and technical analysis. All personnel must
therefore, be required to enforce and adhere to the published rules, but
more importantly they must be required to maintain a high level of safety
consciousness. The latter involves constant vigilance for unsafe or poten-
tially hazardous conditions or practices, and immediate corrective action
as necessary to ameliorate or avoid the condition or practice.
Organization for Safety Program Management
Agencies involved in HWDS investigations must clearly delineate re-
sponsibilities for management of safety in the conduct of all aspects of
the investigations. Responsibilities must range from intensive oversight
and clearly stated policy by agency management, through rigorous implemen-
tation of policy by middle-management and team leaders, to a consistent
high level of safety, consciousness and thoughful feedback by team members.
Detailed discussions of organization for safety are provided in the con-
tractor manual,1 and in the safety manual2.
General Safety Precautions
All employees should be directed to bring to the attention of the most
readily accessible supervisor any unsafe condition, practice, or circum-
stance associated with or resulting from HWD site investigations. In cases
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of immediate hazard to employees or the public, any employee on the scene
should take all practicable steps to eliminate or neutralize the hazard;
this may include leaving the site. Followup consultation with the team
leader or on-scene supervisor must then be made at the first opportunity.
In such circumstances the team leader or supervisor must take, or cause to
be taken, the necessary steps to ensure that the investigation can be com-
pleted safely. Such steps may include changes in procedure, removal or
neutralization of a hazard, consultation with appropriate experts, or
bringing in specialists such as Explosive Ordinance Disposal (EOD) units.
All such actions must be coordinated with and approved by agency manage-
ment. In cases where the hazard is not immediate, the employee should con-
sult the team leader regarding appropriate corrective measures. Applica-
tion of this rule requires the exercise of good judgment and common sense
by all employees.
Protective Gear
Protective headgear, eyewear, footwear, and clothing should be worn at
all times on abandoned hazardous waste sites. Likewise, self-contained
breathing apparatus (SCBA) should be worn unless the on-scene team leader
has determined that the ambient air may be safely inhaled. On-scene team
leaders should exercise informed judgment on protective gear requirements
at active sites, or in cases where sites have been repeatedly entered or
occupied without apparent harm. In any case where doubt exists, the safe
course of action must be taken. SCBA must be worn at all times when con-
tainers of suspected hazardous material are being opened, or when operating
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in buildings or other enclosed space suspected of containing hazardous sub-
stances.
Radioactivity and Explosivity
All suspect sites must be checked for radioactivity, explosivity, and
oxygen content during first entry onto the site. If 02 concentration is
less than 19%, SCBA must be used. Normal background radioactivity is ap-
proximately 0.2 milli-Roentgens per hour (mR/hr); however, activity of 10.0
mR/hr is acceptable for the period of exposure associated with a hazardous
waste site investigation. Detection of levels of activity significantly
greater than normal background is cause for a very careful survey of the
entire site; if levels approaching 10 mR/hr are encountered, the advice of
a competent radiation health physicist must be sought before continuing
extended operations on the site.
If explosivity readings greater than 20% LEL* (not 20% concentration,
which is frequently much higher than 20% LEL) are detected, very careful
survey of the area, including ground-, waste-, and head-level readings,
must be made. Readings approaching or exceeding 50% LEL are cause for im-
mediately withdrawing personnel and notifying the fire department. The
team leader should then be consulted for direction regarding further opera-
tions. Supervisors or managers should then take, or cause to be taken,
actions necessary to safely resume the investigation.
* LEL = Lower Explosive Limit.
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Sample Handling
Samples of runoff, ambient air, or groundwater from an HWDS, or possi^
bly affected areas, may be moved directly into laboratories and handled
with normal safety precautions, unless the team leader determines that spe-
cial handling is appropriate. Team leaders should consult with the receiv-
ing laboratory prior to departure from normal handling procedure. Samples
of liquids or solid materials removed from closed containers should be pro-
cessed and diluted in a controlled, or regulated-, laboratory before ana-
lysis.
Forbidden Practices
Agencies engaged in HWD site investigations should specifically forbid
the following practices during operations on suspected or known hazardous
waste disposal sites:
a. Smoking, eating or drinking while onsite and after com-
pleting investigation until decontamination is completed.
b. Introduction of spark or ignition sources of any kind.
c. Entry into areas or spaces where toxic or explosive concen-
trations of gases or dust may exist without proper equipment
available to enable safe entry.
*
d. Conduct of onsite operations without offsite backup personnel.
* On-scene team leaders should exercise informed judgment regarding the
necessity for offsite backup at active sites, or in cases where sites
have been repeatedly entered or occupied without apparent harm. In any
case where doubt exists, offsite backup must be provided.
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Health arid Training
All employees who will engage in HWDS investigations or laboratory
analyses should be required to complete a comprehensive health examination,
be shown to be free of residual effects of exposure to hazardous materials,
and be in general good health and physical condition. The comprehensive
examination should be repeated, at intervals no greater than annually for so
"long as the employee continues HWDS investigative work. All employees en-
gaged in HWDS field work or laboratory analyses must receive training in
basic first-aid, cardio-pulmonary resuscitation^ and the use of protective
cTothfng and equipment. Management should assume responsibility for pro-
viding training at the earliest practicable time, and refresher training at
appropriate iintervals.
Safety Procedures for Field Evaluations of Hazardous Waste Sites
The team leader is responsible for establishing, and adjusting as nec-
essary, the level of safety precautions appropriate to the individual haz-
ardous waste site being evaluated, such as use of SCBA, etc. The team
leader ensures that all participants conduct their work in accordance with
the study plan and applicable safety rules. He/she should be authorized to
direct any assigned employee to leave the site if the employee fails to
observe safety requirements or in any way creates a safety hazard.
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Information Review and Reconnaissance
Development of a safe plan for an HWDS investigation must be preceded
by thorough evaluation of existing data and, if possible, by an onsite-re-
connaissance. The information search may indicate possible chemical haz-
ards such as the presence of incompatible chemicals, toxic gases, explo-
sives, etc. Such indications will provide insight to specific safety pre-
cautions needed. Similarly, a perimeter inspection or aerial imagery, fol-
lowed by an onsite reconnaissance, will reveal safety hazards requiring
special attention.
The information review and reconnaissance should also include careful
examination of possible hazards to the public. Such hazards may include
contamination of groundwater supplies by drilling operations, release of
toxic gases, or explosion/fire. Any such hazards must be avoided or elimi-
nated, or appropriate measures must be taken to protect the public and pub-
lic property. Any indication of the presence of explosives must be the
basis for an initial investigation and appropriate foilowup by Army Explo-
sive Ordinance Disposal (EOD) personnel or police explosives unit.
Before entry on a suspect or known HWDS, all investigative personnel
must know the locations and emergency telephone numbers for the nearest
medical facility, ambulance service, fire department, police department,
and poison control centers.
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Field Sampling
Clean Area
During operations on a suspect or known HWDS, a "clean" area must be
established outside the areaof suspected contamination. At least one backup
team member* must remain in this area to:
Assist in emergency removal of team members from the
site in the event of accident or injury. The backup
must have readily available protective clothing,
breathing apparatus and first-aid equipment.
Assist in moving equipment, samples, and supplies.
Provide communication to emergency units.**
Assist in decontamination or removal of contaminated
clothing from the individuals emerging from the con-
taminated area.
As appropriate, prevent entry of unauthorized persons
to the HWD site while operations are underway.
Provide other assistance as necessary, but with pri-
mary objective of facilitating safe transfer of per-
sonnel and equipment to and from the contaminated area.
* On-scene Project Leaders may exercise informed judgment regarding the
need for offsite backup at active sites, or in cases where sites have
been repeatedly entered or occupied without apparent harm. In any case
where doubt exists, the safe course of action must be chosen.
** Radio contact must be maintained when visual contact cannot be main-
tained.
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39
Sampling Equipment
As a general rule, sampling equipment used on an HWDS should be dis-
posable. Dippers, scoops, and similar devices for solids samples should be
buried onsite, or placed in plastic bags for disposal or later decontamina-
tion. Liquid samples from barrels or tanks should be withdrawn in inert
tubing, such as glass, and the tubing should then be broken and abandoned
within the barrel or tank. If incineration or recycling of barrel contents
is contemplated, the tubing may be disposed of in other suitable containers,
or buried on the site. The widely discussed Composite Liquid Waste Sampler
(or "Coliwasa") is unsuitable for use on HWDS investigations because it is
extremely difficult to decontaminate under field conditions.
CIothi ng
Protective clothing must be worn by all assigned personnel whiTe on a
suspected or confirmed HWD site until sufficient data has been acquired to
enable the team leader to make an informed judgment regarding the need.
The team leader must weigh the fact that fatigue and alertness on the part
of the team members is a significant safety factor. Protective clothing is
cumbersome, hastens the onset of fatigue, and limits stay-time. In the
absence of clear indications that work can proceed safely without protec-
tive clothing, required items include: chemical-resistant pants and jacket,
rubber boots, protective gloves, hard hat or head cover, face shield or
chemical safety glasses.
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Disposable and reusable clothing is available, and each has advantages
and disadvantages. The presently available disposable clothing is fragile,
easily torn, and especially vulnerable during cold weather. The "bootees"
that are furnished with this clothing are highly vulnerable and are of-lim-
ited value on rough ground or for walking through snagging objects. Reus-
able clothing is available in much sturdier fabric and is generally prefer-
red. The disadvantage is the necessity for decontamination onsite, or
careful packaging, shipment, and later decontamination. The reusable suits
are worn with heavy rubber slip-on boots, which are easily decontaminated
onsite with reagent solution [Figure 1],
Full decontamination of reusable suits is accomplished in two steps.
The first step is performed onsite using a reagent solution selected be-
forehand, based on limited knowledge of chemical and biological hazards on
the site at that time. After cleansing, protective clothing i£ turned in-
side out, if feasible, and sealed in plastic bags for return shipment. The
second decontamination step is taken later, after enough of the sample has
been analyzed to determine what decontamination reagents are most suitable
for each case. This second cleaning is then performed by personnel wearing
disposable safety clothing. Waste decontamination solution should be
treated as hazardous waste and disposed of accordingly.
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Figure 1
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42
SCBA/Respirators
Self-contained breathing apparatus (SCBA) must be worn onsite when:
Still air conditions prevail.
Containers of unknown or known hazardous materials are
being opened.
When in enclosed spaces, such as unventilated buildings
or rooms.
Under any circumstances, where free-flow of air uncon-
Laminated by toxics is in doubt.
In cases where the team leader has determined that onsite work may
proceed without use of SCBA, participating personnel must carry respirators
having organic vapor protection cartridges, or combination cartridges, or
5-minute escape hoods. An oxygen meter should be used to determine that at
least 19% oxygen is present in the area where respirators are to be used.
Respirators or escape hoods should be donned immediately upon experiencing
breathing, difficulty, dizziness or other distress, strong taste or smell,
or judgment that precaution is in order. Once respirators or escape hoods
have been donned, team members should withdraw from the site pending a de-
cision by the team leader regarding continued operations. Cartridge respi-
rators should not be relied upon for protection from organic vapors for
extended periods. Escape hoods are the preferred equipment.
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Remember:
Respirator cartridges for organic vapors function as adsorbants.
Once adsorbtive capacity is reached, the cartridge no longer
functions. Cartridge respirators are of no value in oxygen
deficient atmosphere.
Sampling Procedures
Containers (drums, tanks etc.) should be sampled only when necessary
to meet enforcement or cleanup requirements. Opening drums or other sealed
containers may be hazardous to sampling personnel unless proper safety pro-
cedures are followed. Gases can be released, or pressurized liquids can be
expelled. A drum should not be moved or opened unless it can be ascer-
tained beyond reasonable doubt that the drum is structurally sound. Drums
standing on end, with bung up, should be opened by pneumatic impact wrench,
operated from a remote site [Figure 2,a]. Drums on sides may be opened
similarly if it is possible to safely rotate the drum so that the bung is
high [Figure 2,b]. If the bung can be removed, sampling contained liquids
may be safely accomplishes by glass tube, which is then broken and dis-
carded within the barrel. A barrel that has a badly rusted bung, or that
cannot be sampled as above, may be safely sampled with a hydraulic pene-
trating device [Figure 3,a]. The penetrating device with harness is shown
in Figure 3,b. Following withdrawal of sample(s) the penetrating device is
then abandoned in place, and disabled to prevent further withdrawal of liq-
uids. Remote operation of both devices is shown in Figure 4. Sealed or
closed tanks should be opened remotely, using ropes to lift hatches, etc.
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In general, metal sample containers should not be used on HWDS inves-
tigations; if used, they must be electrically grounded, preferably to the
drum or- tank being sampled, while sample transfer is accomplished.
Subsurface sampling of a HWDS can also create hazards to employees and
the public, unless adequate safety precautions are followed. Biodegrada-
tion of refuse in dumps produces methane and other explosive gases. The
escaping gases may be ignited by drill rigs other ignition sources. Dril-
ling into dump sites may cause discarded incompatibles to be mixed and
thereby create reactive mixtures. Dump sites where leachate plumes are
contained on impervious strata may be interconnected with producing aqui-
fers if drilling is not planned according to competent groundwater techno-
logy and data.
Drilling in HWDS investigations should be confined to the periphery of
dump sites, with the objective of characterizing the leachate that may be
moving away from the site. If subsurface sampling of dump sites is neces-
sary, excavation should be accomplished by hand, and with spark^free equip-
ment.
All drilling associated with HWS investigations must be accomplished
under the responsible supervision of a competent geohydrologist, ground-
water geologist, geological engineer, or a person similarly qualified by
experience. Drilling must be preceded by sweeps with metal detectors hav-
ing a minimum 10-ft range, and drilling must be limited to areas where the
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presence of buried drums or tanks is not indicated. Test holes must be
cased or plugged when the investigation is completed. Drilling operations
should not be initiated by team members without the express direction of
agency management.
Ambient air sampling on HWDS must be accomplished with spark-free
equipment if explosive vapors are present (most hi-vol samplers are spark
sources).
Samples from HWDS must not be preserved, or "fixed", by the addition
of chemicals. Cooling may cause undesirable chemical or physical changes
and complicate shipping. Every effort should be made to maintain hazardous
samples in "as is" condition until prepared for analysis.
Sample volume should be the smallest consistent with analytical re-
quirements. Sample containers must, to the extent possible, be clean and
free of spilled or residual waste material, on the exterior of the contain-
er prior to shipment.
SHIPPING
Investigation of an uncontrolled hazardous waste site is a unique pro-
cedure because almost any hazardous material may be present but knowledge
of the presence of specific materials may not be available until after lab-
oratory analysis. New Department of Transportation (DOT) regulations
(49 CFR 173.1300, effective November 20, 1980) specify the use of new
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designations: "Hazardous Waste, liquid, n.o.s.*" or "Hazardous Waste, solid,
n.o.s.", and a new hazard class, ORM-E.** These designations place a more
specific burden upon the shipper to correctly label the sample shipment.
New EPA Regulations
EPA regulations, which take effect November 19, 1980, defer to DOT
regulations in regard to packaging for transportation. They apply to gene-
rators of hazardous waste, which are defined briefly as those who produce
more than 1,000 kilogram of waste per month or more than one kilogram per
month of certain specific chemicals called "Acute Hazardous Wastes (40 CFR
261.33). EPA has indicated that a regulation interpretation memorandum
(RIM) will probably be issued which will exempt from the EPA manifest sys-
tem samples shipped for analysis. The extent of that exception is unknown
at the time of this writing (July 25, 1980).
Environmental Samples
As discussed earlier, "environmental samples" are those obtained off-
site, which are mildly contaminated (e.g. surface runoff) and are suitable
for analysis in environmental laboratories. Such samples are not consid-
ered DOT hazardous unless there is evidence to the contrary and may be
packaged and shipped by conventional methods, taking care of course that
proper Chain-of-Custody and sample identification procedures are followed.
* Not otherwise specified.
** Other Regulated Materials-Series E.
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Hazardous Waste Site Samples Excluding Closed Container Samples
DOT (49CFR173.2) indicates that hazardous material should be classed
according to the following order of hazards:
1. Radioactive material
2. Poi/feon A
3. Flammabie gas
4. Non-flammable gas
5. Flammable liquid
6. Oxidizer
7. Flammable solid
8. Corrosive material (liquid)
9. Poison B
10. Corrosive material (solid)
11. Irritating materials
12. Combustible liquid (in containers having capacities exceeding
110 gallons)
Samples taken from onsite are considered to be heavily contaminated. Even
though classed, by DOT,, as ORM-E* these samples are considered to be as
hazardous as a flammable liquid (or flammable solid) and are packaged ac-
cordingly. This is because the prioritized DOT classification above estab-
lishes only radioactive materials, poisons A, and gases as more hazardous
than flammables. The presence of radioactive materials is eliminated by
the use of geiger counters for personnel safety when entering a site; Poi-
sons A are not present (see discussion below on third sample level) and
gases are normally not sampled nor shipped. Moreover, flashpoint testing
of samples, on a HWDS, is impractical and extremely hazardous.
Packaging consists of the sample bottle sealed in a plastic bag [Fig-
ure 5,a], in turn sealed inside a metal can [Figure 5,b], packed in a
locked metal box with absorbent, non-combustible filler material in and
surrounding the can [Figure 5,c], More detailed discussion of this pack-
aging and labeling procedure is provided.in Appendix B.
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This choice of containers, made from alternatives allowed by DOT for
each hazard class, provides full protection even if other than flammables
are present. For example, the packaging conforms to limited quantity Cor-
rosive and Poison B requirements as to type of containers (although, of
course, it is not marked and labeled as such).
Hazardous Waste Site Samples From Closed Containers
The third level of hazard, for shipping purposes, is for materials
taken from closed containers. Samples are shipped as a DOT Poison A mater-
ial even though classed as ORM-E, and gas cylinders are used for packaging
as outlined in Appendix B. Poison A (49CFR173.326) is a class reserved by
DOT for materials which are extremely dangerous to life. DOT defines Poi-
son A as extremely dangerous poisonous gases or liquids of such nature that
a very small amount of the gas, or vapor of the liquid, mixed with air is
dangerous to life. This class includes the following:
*Bromacetone
Cyanogen
Cyanogen Chloride containing less than 0.9% of water
Diphosgene
*Ethyldi chlorarsi ne
Hydrocyanic acid over 5% strength
*Methy1dichlorarsine
* Of the ten "Poison A" chemicals, only three, bromacetone ethyldichlor-
asine, and methyldichlorarsine occur as liquids in environmental condi-
tions. The remaining seven chemicals occur as gases, and thus would
not be sampled, or do not persist in the environment (or both). Thus
the investigator cannot be certain that one of the three solid/liquid
chemicals is not present in a sample from a closed container and must
package and ship the sample as if "Poison A" is present. EPA is attempt-
ing to devise a field test for these three chemicals. If successful,
this packaging requirement can be greatly simplified.
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57
Nitrogen peroxide (tetroxide)
Phosgene (diphosgene)
Nitrogen tetroxide-nitric oxide mixtures containing up to 33.2%
weight nitric oxide
Onsite samples are considered to be potentially highly toxic and are
therefore prepared and given initial screening in a high-hazard laboratory.
After an initial screening they can be shipped for further analysis as
known substances and the DOT Hazardous Material Table (49CFR172.101) is
used to determine shipping requirements.
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THE AUTHORS
William C. Blackman, Jr. , Barrett E. Benson, Kenneth E. Fischer, and
Utah Z. Hardy are respectively Deputy Director, Environmental Engineer,
Safety Officer, and Senior Technician at the Environmental Protection
Agency's National Enforcement Investigations Center, Denver, Colorado.
ACKNOWLEDGEMENTS
The authors express their deep appreciation to the staff members of
the National Enforcement Investigations Center, each of whom made contribu-
tions to the development of the procedures described in this paper.
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REFERENCES
1. Enforcement Considerations for Evaluations of Uncontrolled Hazardous
Waste Disposal Sites by Contractors, Environmental Protection Agency,
National Enforcement Investigations Center, Denver, Colorado, April,
1980.
2. Safety Manual for Hazardous Waste Site Investigations (Draft), En-
vironmental Protection Agency, Office of Occupational Health and
Safety, Washington, DC, September, 1979.
3; NEIC Policies and Procedures Manual, Environmental Protection Agency,
National Enforcement Investigations Center, Denver, Colorado, October,
1979.
4. Assessment of Industrial Waste Practices, EPA-530/SW, Environmental
Protection Agency, Washington, DC, 102c-145 e.3, 1976-77.
5. Sittig, Marshall, Pollution Control in the Organic Chemical Industry,
Noyes Data Corporation, 1974.
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APPENDIX A
Excerpts from EPA Internal Memo of January 25, 1980, Subject:
Standard of Proof for Hazardous Waste Enforcement Task Force Cases Which
May Present an Imminent and Substantial Endangerment to Health and the
Environment".
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A-l
The Courts and Congress have been consistent in determining
that "endangerment" means "risk of harm" or "potential harm." The
term has not been construed to require proof of actual harm. In
Reserve Mining Co. v. EPA, 514 F.2d 492 (8th Cir., 1975) , the court
of appeals, addressed a provision of the Clean Water Act which allowed
the Government to abate water pollution "which is endangering the
health or welfare of persons." (Section 10(g) FftPCA, 33 U.S.C.
Section 1160(g).) In affirming the district court:1 s injunction, the
court construed "endangering" to require only evidence of potential
harm.
"In the context of this environmental legislation,
we believe that Congress used the terra endangering
in a precautionary or preventive sense, and, therefore,
evidence of potential harm as well as actual harm comes
within the purview of that term." (514 F.2d at 528.)
The Reserve Mining court.then endorsed an interpretation of
"endanger" formulated by Judge V7right of the D.C. Circuit in an action
under the Clean Air Act (Ethyl Corporation v. Environmental Protection
Agency, No. 73-2205 (D.C. Cir., January 28, 1975) (dissenting op. at 11).)
"The. meaning of 'endanger* is, I hope, beyond dispute.
Case law and dictionary definition agree that endanger
means something less than actual harm. V7hen one is
endangered, harm is threatened; no actual injury need
ever occur. 'Endanger'... is not a standard prone to
factual proof alone. Danger is a risk, and so can only
be described by assessment of risks. (514 F.2d at 529.)
The decision of the D.C. Court of Appeals in Ethyl Corp. v. EPA,
541 F2d 1 (D.C. Cir., 1976) should be reviewed. In construing the
term endangerment as used in the regulatory sections of the Clean Air
Act, the court held that "the 'will endanger' standard is precautionary
in nature and does not require proof of actual harm.before regulation
•is appropriate." (541 F.2d at 17). The court continued:
"Undoubtedly, certainty is the scientific ideal - to
the extent that even science can be certain of its truth.
But certainty in the complexities of environmental
medicine may be achievable only after the fact, when
scientists have.the opportunity for leisurely and isolated
scrutiny of an entire mechanism. Awaiting certainty will
often allow for only reactive, not preventive regulation.
Petitioners suggest that anything less than certainty, that
any speculation, is irresponsible. But when statutes seek
to avoid environmental catastrophe, can preventive, albeit
uncertain, decision legitimately be so labeled?"
(541 F.2d at 25.)
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A-3
"The levels of concentration, of air pollution agents
or combination of agents which substantially endanger
health are levels which should never be reached in any
community. When the prediction can reasonably be made
that such elevated levels could be reached even for a
short period of time - that is that they are imminent-
an emergency action plan should be implemented to reduce
emissions of air pollution agents and prevent the
occurrence of substantial endangerment."
S.Rpt. 91-1196, Clean Air Act, at 36.
In addition, there is support for the proposition that the
modifier "imminent" should be read broadly to extend to situations
presenting a long-standing risk of harm. In discussing Section 7003
of the Resource Conservation and Recovery Act, the report of the
House Oversight Committee on Hazardous Waste states:
"Imminence in this section applies to the nature of
the threat rather than identification of the time
when the endangerment initially arose. The section,
therefore, may be used for events vhich took place at
some time in the past but v/hich continue to present a
threat to the public health or the environment."
Report of the Subcommittee on Oversight, and Investigations
of the Committee per Interstate and Foreign Commerce,
Committee Print 96-1FC3.
In summary, our flexibility in using statutory emergency response
provisions as.an interim enforcement iool is enhanced by the broad
interpretation of the "imminent and substantial endangerment" standard
espoused by the Congress and Courts. The standard has been construed
as reguiring a showing of a risk of harm rather than actual harm. In
addition, the modifiers "imminent" and "substantial" have been deemed
to characterise this risk of harm and there is support for the pro-
position th=>t such risk may be one of long standing.
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B-l
PACKAGING, MARKING, LABELING, AND SHIPPING OF
HAZARDOUS WASTE SITE SAMPLES
GENERAL PROVISIONS
The provisions apply to samples collected from a hazardous waste
disposal site (HWDS) which in the judgment of the Project Leader are
more hazardous than "environmental" samples.
Unanalyzed HWDS samples may not be fixed with any preservative
or preserved with ice or dry ice.
If a material identified in the Department of Transportation
(DOT) Hazardous Material Table (49 CFR 172.101) is known to be
contained in a HWDS sample, that sample should be transported as
prescribed in the table. Specific exemptions may also apply
(e.g., use of Labelmaster, Inc. package #38, Dow Chemical Co.
Imbiber Pack for shipment of Poison B, n.o.s. by United Parcel
Service or letters of understanding granted an agency by DOT.)
Unanalyzed HWDS samples may be transported by rented or common
carrier truck, bus, railroad, and by "cargo only" air fvrms; but
they may not be transported by passenger-carrying non-government
aircraft.
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B-3
4. Place sealed bag inside a metal can with incombustible, absorbent
cushioning material (e.g., vermiculite) to prevent breakage, one bag
per can. Pressure-close the can and use clips, tape or other
positive means to hold the lid securely, tightly and effectively.
5. Mark and label this container as indicated in No. 8 below.
6. Place one or more metal cans (or a single 1-gallon bottle; see foot-
note above), surrounded with incombustible packaging material for sta-
bility during transport, into a strong outside container, such as a
picnic cooler or a fiberboard box.
7. Mark and label the outside container and complete shipping papers as
described in No. 8 below.
8. Marking and labeling: Use abbreviations only where specified. Place
the following information on the metal can, either hand printed or in
label form: laboratory name and address and "Hazardous Waste, liquid,
n.o.s. NA9189", (if not liquid, write "Hazardous Waste, solid, n.o.s.
NA9189"). Place the following labels on the outside of the can, ne\t
to one another and near the Hazardous Waste marking:
"Cargo Aircraft Only"; "ORM-E"
A generator must affix an EPA Hazardous Waste label* (40 CFR 262.32;
effective date November 19, 1980).
Note: If the cans are placed in an exterior container, both that con-
tainer and inside cans must have the same markings and labels as above.
"Laboratory Samples", "Limited Quantity", and "THIS SIDE UP" or "THIS
END UP" should also be marked on: the top of the outside container, upO
ward pointing arrows should be placed on all four sides of the exterior
container, and "Inside package comply with prescribed, specifications"
should be placed on the exterior container.
* May be changed by an EPA Regulation Interpretation Memorandum (RIM) pos-
sibly issued in the Fall, 1980.
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B-5
1. All samples from closed drums must be packaged as "Poison A" (49 CFR
173.328).
2. These samples classed as "Poison A" may not be transported by non-
government aircraft.
3. Collect sample in a polyethylene or glass container which is of an
outer diameter narrower than the valve hole on a DOT Spec. 3A1800 or
3AA1800 metal cylinder. Fill sample container allowing sufficient
ullage (approximately 10% by volume) so it will not be liquid full at
130° F.
4. Attach properly completed sample identification tag to sample container.
5. With a string or flexible wire attached to the neck of the sample con-
tainer, lower it into a metal cylinder which has been partially filled
with incombustible, absorbent, loose packaging material (e.g. vermicu-
lite). Allow sufficient cushioning material between the bottom and
sides of the container and the metal cylinder to prevent breakage.
After the cylinder is filled with cushioning material, drop the ends
of the string or wire into the cylinder valve hole. Only one sample
container may be placed in a metal cylinder. Replace valve and valve
protector on metal cylinder.
6. Marking and labeling: Use abbreviations only where specified. Place
the followinq information on ttie side of the cylinder-, or on a tag
wired to the cylinder valve protector, either hand-printed or in label
form:
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B-7
8. Unless samples are driven to the laboratory, an EPA employee will accom-
pany shipping container(s) to the transport carrier and, if required, open
outside container(s) for freight inspection.
END
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