EPA/DEP/Industry Workshop
August 12 -14, 1997
Clearwater Beach, Florida

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Agenda
Hazardous Waste Rule 62-730, F.A.C.
RCRA Program Authorization Updates
RCRA Expanded Public Participation Rule
Universal Waste Rule
Mercury-Containing and Rechargeable Battery Management Act
Used Oil Rule 62-710, F.A.C.
Legislative Update 1997 Session
World Wide Web Sites and DEP Homepage
Applicability of Soil Cleanup Goals for Florida
Soil Cleanup Goals for Florida
Ground Water Guidance Concentrations
Corrective Action Glossary
Media Cleanup Standards and Conditional Remedies in the HSWA Program
Draft Clarifications Points on the White Paper, "Media Cleanup Standards
and Conditional Remedies"
EPA/DEP Performance Partnership Agreement
Waste Management Performance Measures
Government Performance and Results Act (GPRA)
Generator Closure Guidance
Compliance Assistance Brochures and Training Courses

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EPA/DEP/Industry Workshop
Agenda
August 12 -14,1997
Clearwater Beach, Florida

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August 12,1997
8:30-9:00
9:00-9:30
9:30- 10:30
AGENDA
FOR
EPA/DEP/Industry WORKSHOP
August 12-14, 1997
Registration
Opening Remarks
State RCRA Program Updates
-	Universal Waste
-	Used Oil Rule Revision
-	State Authorization
-	62-730 Updates
-	1997 Florida Legislative Updates
Dick Green,
Director,
USEPA
DEP
10:30 - 10:45
10:45 - 12:00
Break
Update of EPA Proposed Regulations
-	Definition of SW
-	HWIR Contaminated Media/RCRA
Rifle Shot Remediation Waste
EPA-HQ
12:00- 1:15
1:15-3:15
3:15-3:30
3:30-4:00
Lunch
Risk Assessment on RCRA Program	EPA/DEP
-	EPA Perspective
-	DEP Perspective
-	Industry Perspective
-	Discussion
Break
EPA Initiatives	EPA
4:00-5:00
Questions & Answers

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EPA/DEP/Industry Workshop
Page 2
August 13, 1997
9:00-10:45
10:45 - 11:00
11:00- 12:00
Trends in Corrective Action	EPA/DEP
-	EPA Perspective
-	DEP Perspective
-	Industry Perspective
-	Discussion
Break
EPA/DEP Interaction	EPA/DEP
-	HSWA Programs
-	Performance Partnership Agreement
-	Government Performance and Results
Act (GPRA)
12:00- 1:15
1:15 - 1:45
1:45-2:30
2:30-2:45
2:45-4:30
4:30-5:00
August 14,1997
8:00- 10:00
10:00-6:00
Lunch
HSWA Requirements on
Generator Closures
Compliance Assisstance
Break
Panel Discussion
Questions & Answers
Federal Facility Meeting
Individual Facility Meetings
EPA/DEP
EPA/DEP

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EPA/DEP/Industry Workshop
Hazardous Waste
Rule 62-730, F.A.C.
August 12 -14,1997
Clearwater Beach, Florida

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DEP 1997
HAZARDOUS WASTE
62-730
CHAPTER 62-730
HAZARDOUS WASTE
PART I
HAZARDOUS WASTE RULE
DEFINITION AND IDENTIFICATION
62-730.001	Declaration and Intent.
62-730.020	Definitions.
62-730.021	Variances and Case-by-Case Regulations.
62-730.030	Identification of Hazardous Waste.
PART III
STANDARDS FOR GENERATORS AND TRANSPORTERS
OF HAZARDOUS WASTE AND OWNERS AND OPERATORS
OF HAZARDOUS WASTE FACILITIES
62-730.140	Declaration and Intent. (Repealed)
62-730.150	General.
62-730.160	Standards Applicable to Generators of Hazardous Waste.
62-730.161	Emergency Identification Numbers
62-730.170	Standards Applicable to Transporters of Hazardous Waste.
62-730.171	Transfer Facilities.
62-730.180	Standards Applicable to Owners and Operators of Hazardous Waste
Treatment, Storage and Disposal Facilities.
62-730.181	Standards for the Management of Specific Hazardous Wactes and Specific
Types ot Hazardous Waste Management Facilities.
62-730.183	Land Disposal Restrictions.
62-730.184	Adoption of Federal Procedures for Decision Making.
62-730.185 Standards for Universal Waste Management.
PART IV
HAZARDOUS WASTE PERMITTING
62-730.200	Introduction and Scope.
62-730.210	Definitions.
62-730.220	Applications for Permits.
62-730.231	Newly Regulated Facilities.
62-730.240	Operation Permits.
62-730.250	Construction Permits.
62-730.260	Closure Permits.
62-730.270	Exemptions.
62-730.280	Permit Conditions. (Repealed)
62-730.290	Permit Modifications.
62-730.300	Permit Renewal and Transfer.
62-730.310	Availability of Information.
62-730.320	Emergency Detonation or Thermal Treatment of Certain Hazardous Waste.
62-730.330	Research Development and Demonstration Permits. (Repealed)
PART V
HAZARDOUS WASTE FORMS
62-730.900 Forms.
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HAZARDOUS WASTE
62-730
P ART I
HAZARDOUS WASTE RULE
DEFINITION AND IDENTIFICATION
62-730.001 Declaration and Intent. The State of Florida Department of
Environmental Protection (DEP) promulgates Florida Administrative Code Rule
62-730.020, to establish appropriate definitions to be used in the rules to be adopted
implementing Part IV of Chapter 403, Florida Statutes, establishing a Florida
hazardous waste management program. Florida Administrative Code Rule 62-730.030,
shall be adopted to establish the identification of hazardous wastes to be regulated
pursuant to Part IV of Chapter 403, Florida Statutes, by listing of hazardous wastes and
by establishing procedures by which hazardous wastes may be identified.
When used in any such provisions as may be adopted from 40 CFR Parts 260
and 261: United States shall mean the State of Florida, EPA shall mean DEP, and
Administrator shall mean Secretary of DEP or the Secretary's designee, where
appropriate.
Specific Authority 403.704,403.8055, FS.
Law Implemented 403.72, 403.704, FS.
History -- New 5-28-81; Amended 9-8-81, 12-6-81, 2-25-82, 5-19-83, 1-5-84, 8-24-84,
7-5-85; Formerly 17-30.01, 17-30.001, Formerly 17-730.001.
62-730.020 Definitions.
(1)	The Department adopts by reference the definitions contained in 40 CFR
Section 260.10 revised as of July 1, 1995.
(2)	When the same word, phrase, or term is defined in Part IV of Chapter
403, Florida Statutes, and 40 CFR Part 260.10, and the definitions are not identical, the
definitions as given in the State Statute shall apply.
(3)	References to 40 CFR Part 261 shall mean rules adopted by DEP
regarding identification of hazardous wastes, references to 40 CFR Part 262 shall
mean rules adopted by DEP regarding generators of hazardous wastes, references to
40 CFR Part 263 shall mean rules adopted by DEP regarding transporters of
hazardous wastes, references to 40 CFR Parts 264 and 265 shall mean rules adopted
by DEP regarding treaters, storers, and disposers of hazardous wastes, references to
40 CFR Part 266 shall mean rules adopted by DEP regarding standards for the
management of specific hazardous wastes, references to 40 CFR Part 268 shall mean
rules adopted by DEP regarding land disposal restrictions, references to 40 CFR Part
273 shall mean rules adopted by DEP regarding standards for universal waste
management, and references to 40 CFR Parts 270 and 124 shall mean rules adopted
by DEP regarding permitting of hazardous waste facilities.
(4)	Federal regulations adopted and incorporated by reference in this rule
shall become effective 20 days after filing with the Secretary of State unless the
Secretary stipulates a different date in the filing. However, no such federal regulation
adopted as a state rule shall become effective earlier than the effective date of the
federal regulation.
Specific Authority 403.704, 403.8055, FS.
Law Implemented 403.72, 403.704, FS.
History -- New 5-28-81; Amended 9-8-81, 12-6-81, 11-25-82, 5-19-83, 1-5-84, 8-24-84,
7-5-85; Formerly 17-30.02; Amended 9-19-86, 10-31-86, 5-3-88, 1-25-89; Formerly
17-30.020; Amended 8-13-90, 9-10-91, 10-14-92, 10-7-93; Formerly 17-730.020;
Amended 1-5-95, 9-7-95, 4-30-97.
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62-730.021 References, Variances and Case-by-Case Regulations.
(1)	The Department adoots by reference the following sections of 40 CFR
Part 260 revised as of July 1, 1955:
(a)	Sections 260.11, 260.30, 260.31, 260.32, and 260.33, where EPA's
incorporation of references and variance procedures are published,
(b)	Section 260.21 which authorizes petitions for equivalent testing or
analytical methods;
(c)	Section 260.23 which describes how to petition to amend 40 CFR Part
273 to include additional hazardous wastes as universal wastes; and
(d)	Sections 260.40 and 260.41, which contain EPA's case-by-case
regulation of hazardous waste recycling activities.
(2)	The Department adopts by reference 40 CFR Section 270.6 revised as of
July 1, 1995, which lists the referenced publications.
Specific Authority 403.704,403.8055, FS.
Law Implemented 403.704, FS.
History -- New 7-5-85; Formerly 17-30.021, Amended 1-25-89, 8-13-90, 9-10-91,
10-14-92, 10-7-93, Formerly 17-730.021; Amended 1-5-95, 9-7-95, 4-30-97.
62-730.030 Identification of Hazardous Waste.
(1)	The Department adopts by reference 40 CFR Part 261 revised as of July
1, 1995, and all appendices except for the amendments in the Federal Registers dated
May 20, 1992 (57 FR 21524) and July 1, 1992 (57 FR 29220). The Department adopts
by reference the amendments in the Federal Registers dated March 26, 1996 (61 FR
13103), April 12, 1996(61 FR 16289), and July 1, 1996(61 FR 34251). This part
contains EPA's rules on the identification and listing of hazardous waste. No delisting is
effective until it is adopted by the Department.
(2)	The following modifications shall apply to 40 CFR Part 261 and its
Appendices in order to coordinate with state law and rules:
(a)	References to 40 CFR Parts 260.20, 260.21, 260.22, and 260.23, which
contain EPA's rules on rulemaking petitions, shall not change.
(b)	References to 40 CFR Part 262 shall mean rules adopted by DEP
regarding generators of hazardous wastes, reference to 40 CFR Part 263 shall mean
rules adopted by DEP regarding transporters of hazardous waste, reference to 40 CFR
Part 264 and 265 shall mean rules adopted by DEP regarding treaters, storers and
disposers of hazardous wastes, references to 40 CFR Part 266 shall mean rules
adopted by DEP regarding standards for the management of specific hazardous waste,
references to 40 CFR Part 268 shall mean rules adopted by DEP regarding land
disposal restrictions, references to 40 CFR Parts 270 and 124 shall mean rules
adopted by DEP regarding permitting of hazardous waste facilities, references to 40
CFR Part 273 shall mean rules adopted by DEP regarding standards for universal
waste management, and references to Section 3010 of RCRA shall mean notification
requirements of Florida Law.
(c)	40 CFR 261.5(g)(3)(iii) shall refer to hazardous waste management
programs approved by EPA.
(d)	Any reference to Section 1004(5) of RCRA, which is the definition of
hazardous waste, shall mean Section 403.703(21), Florida Statutes.
(3)	A conditionally exempt small quantity generator which chooses to send its
hazardous waste to an off-site treatment, storage or disposal facility shall document
delivery of its hazardous waste through written receipts and other records which are
retained for at least three years. The written receipts and other records shall include
names and addresses of the generator and the treatment, storage or disposal facility,
the type and amount of hazardous waste delivered, and the date of shipment.
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(4) 40 CFR 261.2(f) requires respondents in actions to enforce regulations to
provide appropriate documentation to support their clair nat a material is n~ot r solid
waste or is conditionally exempt from regulation. With re ipect to a claim that
hazardous waste is exempt from regulation because it was generated by one or more
conditionally exempt small quantity generators (CESQG) who meet the requirements of
40 CFR 261.5, "appropriate documentation" shall mean written records from each
applicable CESQG, detailing the quantities of hazardous waste generated by that
CESQG, and the method and location of disposal of such hazardous waste.
Specific Authority Section 403.72, 403.8055, FS.
Law Implemented 403.72, FS.
History - New 5-28-81; Amended 9-8-81, 12-6-81, 3-4-82, 11-25-82, 1-5-84, 8-24-84,
12-18-84, 7-5-85, 10-3-85, Formerly 17-30.03, Amended 5-5-86, 8-25-86, 9-19-86,
10-31-86, 3-31-87, 4-13-88, Formerly 17-30 030, Amended 1-25-89, 8-13-90, 9-10-91,
10-14-92, 10-7-93, Formerly 17-730.030, Amended 1-5-95, 9-7-95, 4-30-97.
PART III
STANDARDS FOR GENERATORS AND TRANSPORTERS
OF HAZARDOUS WASTE AND OWNERS AND OPERATORS
OF HAZARDOUS WASTE FACILITIES
62-730.140 Declaration and Intent.
Specific Authority 403.704, 403.721, 403.8055, FS.
Law Implemented 403.704, 403.721, 403.722, FS.
History — New 5-19-82; Amended 7-5-85; Formerly 17-30.14, 17-30.140, Amended
8-13-90, 10-14-92, Formerly 17-730.140, Amended 9-7-95, Repealed 10-20-96.
62-730.150 General.
(1)	Unless specifically indicated otherwise, when used in any such provisions
as adopted from 40 CFR Parts 262, 263, 264, 265, 266, 268, 270, and 273, United
States shall mean the State of Florida, EPA shall mean the Department, and
Administrator or Regional Administrator shall mean the Secretary of the Department or
the Secretary's designee, where appropriate.
(2)	Any reference to 40 CFR Parts 270 or 124 as adopted by reference in 40
CFR Parts 262, 263, 264, 265, 266, 268, 270, and 273 shall mean the permitting
provisions in Chapters 62-4 or 62-730, FAC, or Section 403.722, Florida Statutes.
(3)	Any reference to the Federal Solid Waste Disposal Act as amended by
the Resource Conservation and Recovery Act of 1976 (RCRA) and its amendments,
within 40 CFR parts 124, 262, 263, 264, 265, 266, 268, 270, and 273 as adopted by
reference herein, shall be construed to refer to comparable provisions of the Florida
Resource Recovery and Management Act (FRRMA) as established in Part IV of
Chapter 403, Florida Statutes.
. (4) All references to the term "interim status" in the EPA regulations adopted
by reference herein shall not be applicable to these rules. The standards contained in
40 CFR Part 265, adopted by reference herein, shall be effective insofar as their
applicability to existing facilities in operation upon the effective date of this rule.
(5) EPA Form 8700-12 is hereby adopted and incorporated by reference as
published in the February 26, 1980 Federal
Register and revised in the November 29, 1985 Federal Register. All generators,
transporters, or persons who own or operate a facility which treats, stores, or disposes
of hazardous waste must notify the Department using this form, unless they have
notified EPA prior to the effective date of this rule. All generators, transporters, or
persons who own or operate a facility which treats, stores, or disposes of hazardous
Effective 4-30-97
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DEP 1997
HAZARDOUS WASTE
62-730
waste, and everyone required to notify under Rule 62-730 181, F.A C., shall notify the
Department of all changes in status and shall use this form to do so
(6)	EPA Form 8700-13A/B (5-80) (Revised 08-91), OMB#: 2050-0024 is
hereby adopted and incorporated by reference ,Copies of the form and instructions
may be obtained by contacting the Hazardous Waste Regulation Section, Division of
Waste Management, Department of Environmental Protection, 2600 Blair Stone Road,
Tallahassee, Florida 32399-2400.
(7)	Upon written request of the Department for specific information
concerning waste management activities, any person who generates, treats, stores,
transports, disposes of, or otherwise handles, or has handled, or proposes to handle
hazardous waste shall furnish all requested information relating to such waste or
handling to the Department within 30 days of receipt of the Department's request.
Specific Authority 403.087, 403.704, 403.721, 403.8055, FS.
Law Implemented 403.061, 403.091, 403.151, 403.704, 403.721, 403.722, 403.7222
FS.
History - New 5-19-82; Amended 1-5-84, 7-5-85, 7-22-85, 4-15-86; Formerly 17-30 15;
Formerly 17-30.150; Amended 8-13-90, 10-14-92, 10-7-93; Formerly 17-730.150;
Amended 1-5-95, 9-7-95.
62-730.160 Standards Applicable to Generators of Hazardous Waste.
(1)	The Department adopts by reference 40 CFR Part 262 revised as of July
1, 1995, including the Appendix with the exception of 40 CFR 262.34(e). The
Department adopts by reference the amendments in the Federal Registers dated
February 9, 1996 (61 FR4903) and April 12, 1996 (61 FR 16289).
(2)	A primary exporter of hazardous waste shall file a copy of the advance
notification required by 40 CFR 262.53, the annual reports by 40 CFR 262.56, and the
exception reports required by 40 CFR 262.55 with the Department.
(3)	References in 40 CFR Section 262.34(f) to on-site accumulation of
hazardous waste for up to 270 days by generators of greater than 100 kg but less than
1000 kg of hazardous waste in a calendar month shall not apply. Such waste may only
be accumulated on-site for 180 days or less without a permit.
(4)	Generators of hazardous waste shall complete the following sections of
the Uniform Hazardous Waste Manifest: Items 1 through 16, D, F, H, I, and K on Form
8700-22, and Items 21 through 32, O, Q, R, and T on Form 8700-22A. Copies of a list
of vendors which supply the form and instructions may be obtained by contacting the
Hazardous Waste Regulation Section, Division of Waste Management, Department of
Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.
(5)	Generators of hazardous waste shall submit biennial reports required by
40 CFR 262.41, as adopted by reference in this section, to the Department on EPA
Form 8700-13A/B.
Copies of the form and instructions may be obtained by contacting the Hazardous
Waste Regulation Section, Division of Waste Management, Department of
Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.
(6)	Generators of hazardous waste who accumulate hazardous waste on-site
under 40 CFR 262.34, shall maintain written documentation of the inspections required
under 40 CFR Part 265. The generator shall keep the written documentation of the
inspections under this section for at least three years from the date of the inspection.
At a minimum, this documentation shall include the date and time of the inspection, the
legibly printed name of the inspector, the number of containers, the condition of the
containers, a notation of the observations made, and the date and nature of any repairs
or other remedial actions.
Effective 4-30-97
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DEP 1997
HAZARDOUS WASTE
62-730
(7) Generators shall maintain adequate aisle space between containers of
hazardous waste to allow for inspection of the condition and labels of the individual
containers.
Specific Authority 403.704, 403.721, 403.8055, FS.
Law Implemented 403.704, 403.72, 403 721, FS.
History -- New 15-19-82; Amended 5-20-82, 3-31-83, 2-2-84, 8-24-84, 7-5-85, 10-3-85;
Formerly 17-30.16; Amended 9-19-86, 10-31-86, 3-31-87, 5-26-87, 6-28-88; Formerly
17-30.160; Amended 1-25-89, 8-13-90, 9-10-91, 10-14-92, 10-7-93; Formerly
17-730.160; Amended 1-5-95, 9-7-95, 4-30-97.
62-730.161 Emergency Identification Numbers.
(1)	40 CFR 262.12(b) requires all generators to obtain an EPA identification
number before offering hazardous waste for transport Under certain special
circumstances, the Department processes applications for an emergency identification
number [referred to as an emergency EPA/DEP I.D. number], Thes^e special
circumstances are:
(a)	Emergency situations such as spills;
(b)	Cleanup of abandoned sites; and
(c)	One-time cleanup of a site that does not normally generate hazardous
waste, and will not generate waste in the foreseeable future.
(2)	In order to apply for an emergency EPA/DEP I.D. number, the generator
of the hazardous waste(s) shall send the Department a completed DEP Form
62-730.900(3) and shall follow the instructions on the form.
(3)	For the purpose of this section:
(a)	An "emergency situation" shall mean a sudden release of hazardous
waste or hazardous materials during transportation or at a product storage facility.
(b)	A "one-time cleanup" shall mean removal of hazardous waste where:
waste has been abandoned on a property; the property is under bankruptcy
proceedings or an administrative, civil, criminal, or judicial proceeding to compel facility
closure; or any other situation which necessitates a one-time cleanup or removal of
hazardous waste.
(4)	Pursuant to Sections 403.721 and 403.727, F.S., it is a violation of this
rule for a generator to:
(a)	Provide false or incorrect information on DEP Form 62-730.900(3);
(b)	Ship hazardous wastes not listed on DEP Form 62-730.900(3);
(c)	Ship a greater volume of hazardous waste than listed on DEP Form
62-730.900(3) without delivering, within 24 hours of the shipment, a written explanation
of the reason for exceeding the original estimated volume.
(d)	Ship hazardous waste after 60 days from the issue date of the emergency
EPA/DEP I.D. number.
(e)	Fail to send the Department a legible copy of all signed and returned
manifests and the land disposal restriction notices and certifications required under 40
CFR 268.7 for the hazardous wastes shipped under the emergency EPA/DEP I.D.
number within 45 days of the last shipment.
(5)	A generator with an emergency EPA/DEP I.D. number who generates
greater than 1000 kg of hazardous waste in a calendar month, shall submit a biennual
report as described in Rule 62-730.160(5), F.A.C.
Specific Authority 403.704, 403.72, 403.721, 403.727, FS.
Law implemented: 403.704, 403.721, FS.
History —New 1-5-95.
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HAZARDOUS WASTE
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62-730.170 Standards Applicable to Transporters of Hazardous Waste.
(1)	The Department adopts by reference 40 CFR Part 263 revised as of July
1, 1995 and the amendments in the Federal Register dated April 12, 1996 (61 FR
16289).
(2)	In addition to the requirements of paragraph (1) of this Section, no person
shall transport a hazardous waste within the state for which either a manifest is
required under 40 CFR Part 262 or a reclamation agreement is entered between a
generator and recycler pursuant to Part 263.20 unless compliance with the following
special requirements has been demonstrated.
(a)	The transporter shall have and maintain financial responsibility for sudden
accidental occurrences in a minimum amount of $1,000,000 per occurrence for
combined coverage of injury to persons and for damage to property and the
environment from the spillage of hazardous waste while such wastes are being
transported including the costs of cleaning up the spill. Such financial responsibility
shall be issued by an agent or company authorized or licensed to transact business in
the State of Florida. Such financial responsibility shall be maintained at all times, be
exclusive of legal defense costs, and be established by any one or a combination of the
following:
1.	Evidence of casualty/liability insurance on an occurrence basis with or
without a deductible. With the deductible the Insurer is liable for the payment of
amounts within any deductible applicable to the policy, with a right of reimbursement by
the insured for any such payment made by the Insurer. Each insurance policy must be
evidenced by a certificate of liability insurance or amended by attachment of an
endorsement.
2.	Surety bonds.
(b)	Evidence of coverage shall include submittal of an originally signed copy
of one or more of the following forms adopted in Rule 62-730.900(5), F.A.C.:
1.	Hazardous Waste Transporter Certificate of Liability Insurance,
2.	Hazardous Waste Transporter Liability Endorsement,
3.	Hazardous Waste Transporter Liability Surety Bond.
(c)	The insurance policy, including all endorsements, or the liability surety
bond must be maintained at the carrier's principal place of business.
(d)	Whenever requested by the Secretary (or designee) of the Florida
Department of Environmental Protection, the Insurer agrees to furnish to the
department a signed duplicate original of the policy and all endorsements.
(e)	The transporter shall annually submit to the Department two originally
signed Transporter Status Forms (DEP Form 62-730.900(5)(d)). The Department shall
complete the approval part of the form and return one of the originally signed forms to
the transporter after verifying that the transporter is complying with the financial
responsibility requirements of this section. A copy of this form complete with the
Department approval shall be carried in each vehicle transporting hazardous waste for
the transporter. This approval is non-transferrable and non-assignable.
(f)	This subsection does not apply to any person who transports hazardous
waste only on the site of a hazardous waste generator or a permitted hazardous waste
treatment, storage, or disposal facility.
(g)	States and the federal government are exempt from the requirements of
this subsection.
(3)	Evidence of financial responsibility, updated for the current year, shall be
verified annually by the submission of the appropriate DEP Form 62-730.900(5)(a)
through (c) or by the submission of a certificate of insurance. A certificate of insurance
shall include a certification by the insurer that the original insurance policy and all
endorsements are still in full force and effect as evidenced on the original forms
submitted to the Department.
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Specific Authority 403.704,403 721,403.724 403.8055, FS
Law Implemented 403.704, 403.721, 403.724, FS
History - New 11-8-81, Amended 5-31-84, 9-13-84, Formerly 17-30.17 Amended
9-19-86, 3-31-87, 5-26-87; 6-28-88, Formerly 17-30.170, Amended 1-25-89, 8-13-90
9-10-91, 10-14-92, 10-7-93, Formerly 17-730 ',70; Amended 1-5-95, 4-30-97.
C2-730.171 Transfer Facilities.
(1)	40 CFR 263.12 as adopted by reference in Rule 62-730.170, F.A C.
provides that transporters who store manifested hazardous waste in proper containers
at a transfer facility for ten (10) days or less are exempt from regulation as a hazardous
waste facility. If the waste is stored for more than ten (10) days, the facility is subject to
the permitting requirements for a hazardous waste storage facility.
(2)	A transfer facility used for storage of hazardous waste for more than 24
hours but ten (10) days or less shall comply with the following requirements as adopted
by reference in 62-730.180, F.A C.:
(a)	The owner or operator of the transfer facility shall comply with the
requirements of 40 CFR 265 Subparts B (general facility standards), C (preparedness
and prevention), D (contingency and emergency plan), and I (management of
containers), with the exception of 265.13. The aisle space requirements described in
40 CFR 265.35 and the special requirements for incompatible wastes described in 40
CFR 265.177(c) shall not apply at transfer facilities to containers stored in trucks
loaded in accordance with DOT regulations described in 40 CFR 263.10. The 40 CFR
265 requirements referenced above shall apply to transfer facilities notwithstanding 40
CFR Part 265.1 (c)(12). The owner or operator of the transfer facility shall submit the
contingency and emergency plan to the Department with their first Transfer Facility
Notification Form (DEP Form 62-730.900(6)).
(b)	The owner or operator of the transfer facility shall have a written closure
plan to show that the facility will be closed in a manner which satisfies the requirements
of the closure performance, notification, and decontamination standards of 40 CFR
265.111, 265.112, 265.114 and 265.115. The owner or operator of the transfer facility
shall submit the closure plan to the Department with their first Transfer Facility
Notification Form (DEP Form 62-730.900(6)). Within 60 days of completion of closure,
the owner or operator of the transfer facility shall submit to the Department a
certification that the facility has been closed in accordance with the specifications in the
closure plan. The certification shall be signed by both the owner or operator of the
transfer facility and an independent registered, professional engineer.
(c)	Records required in this section shall be maintained in permanent form
and shall be available for inspection by the Department. The records shall be kept at
the facility unless the Department gives written approval to do otherwise.
(d)	Hazardous waste stored in containers or vehicles at transfer facilities
shall be stored on a manmade surface which is capable of preventing spills or releases
to the ground.
(e)	The owner or operator of a transfer facility shall maintain a written record
of when all hazardous waste enters and leaves the facility. This record shall include
the generator's name, the generator's EPA/DEP identification number, and the manifest
number. For conditionally exempt small quantity generators without an EPA/DEP
identification number, the record shall include the name and address of the generator.
This recordkeeping requirement applies to all hazardous wastes including hazardous
waste generated by conditionally exempt small quantity generators.
(3)	The owner or operator of a transfer facility which stores manifested
shipments of hazardous waste for more than 24 hours but ten (10) days or less shall
notify the Department on Form 62-730.900(6). The owner or operator of a new facility
shall submit a notification form at least 30 days before the storage of hazardous waste
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is to begin. The transfer facility shall annually update the information on the Transfer
Facility Notification Form (DEP Form 62-730.900(6)) and send it to the Department with
the transporter's evidence of financial responsibility as required under Rule
62-730.170(3), F.A.C.
(4) The owner or operator of a transfer facility shall obtain an EPA/DEP
identification number for each transfer facility location Any owner or operator who has
not obtained an EPA/DEP identification number for each transfer facility location may
obtain one by applying to the Department using EPA Form 8700-12
Specific Authority 403.704,403.721, FS.
Law Implemented 403.704, 403.721, FS.
History -- New 3-2-86; Amended 6-28-88, Formerly 17-30.171; Amended 8-13-90,
9-10-91, 10-14-92; Formerly 17-730.171; Amended 1-5-95.
62-730.180 Standards Applicable to Owners and Operators of Hazardous
Waste Treatment, Storage and Disposal Facilities.
(1)	The Department adopts by reference 40 CFR Part 264 revised as of July
1, 1995, including all appendices, except for the amendments in the Federal Registers
dated September 1, 1988 (53 FR 33938) and September 28, 1988 (53 FR 37912); and
except for the amendments to 40 CFR 264.143(f)(10), 264.145(f)(11), 264.147(f)(6),
264.147(h)(4) and (5), 264.151(f),(g),(h),(k), and (n), 265.l43(e)(11), 265.147(f)(6),
265.147(h)(4) and (5) in the Federal Register dated September 16, 1992 (57 FR
42832). The Department adopts by reference the amendments in the Federal
Registers dated July 11. 1995 (60 FR 35703), September 29, 1995 (60 FR 50426),
November 13, 1995 (60 FR 56952), February 9, 1996 (61 FR 4903), April 12, 1996 (61
FR 16289), and June 5, 1996 (61 FR 28508).
(2)	The Department adopts by reference 40 CFR Part 265 revised as of July
1, 1995, including all appendices, with the exception of:
(a)	Subpart R; and
(b)	The amendments in the Federal Registers dated September 1, 1988 (53
FR 33938) and September 28, 1988 (53 FR 37912).
(3)	The Department adopts by reference 40 CFR Sections 264.112(c)(1) and
(2), 264.118(d)(1) and (2), 264.141, 264.147, 264.151, 265.112(c)(3) and (4),
265.118(d)(3) and (4), 265.141 and 265.147 revised as of July 1, 1988.
(4)(a)	In addition to the other reporting requirements of 40 CFR Part 264
Subpart F as adopted above, whenever the owner or operator is required to determine
ground water quality and ground water flow rate and direction, a copy of the complete
report of such determination must be submitted to the department within 30 days after
the report.is finalized.
(b)	The corrective action program set forth in 40 CFR 264.100 as adopted
above, or another appropriate corrective action program, shall extend beyond the
facility property boundary.
(c)	In addition to the requirements of 40 CFR 264 Subpart F, as adopted
above, the owner or operator shall also comply with the ground water quality standards
and criteria of Chapters 62-3 and 62-4, FAC.
(5)	Ground water discharge considerations under Section 62-28.700, FAC,
shall be incorporated into hazardous waste facility permits issued under this chapter.
(6)	An owner or operator required to establish a corrective action program
under 40 CFR 264.100 or 264.101 shall establish and maintain financial assurance for
corrective action.
(a) The owner or operator required to establish a corrective action program
under 40 CFR 264.100 or 264.101 shall provide a detailed written cost estimate in
undiscounted current dollars. The cost estimate shall be included in the Corrective
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PEP 1997	HAZARDOUS WASTE	62-730
Action Plan and shall equal the estimated cost of completing corrective action following
the schedule and methods outlined in the Corrective Action Plan.
(b)	The cost estimate for corrective action shall"
1.	Itemize the separate corrective action costs for each year;
2.	Indicate the sum of the separate costs for each year;"
3.	Indicate the sum of all the costs for corrective action; and
4.	Be based on the costs to the owner or operator of hiring a third party to
perform corrective action at the facility according to the methods specified in the
Corrective Action Plan. A third party is a party that is neither a parent or subsidiary of
the owner or operator.
(c)	The cost estimate for corrective action shall not:
1.	Incorporate any salvage value that may be gained by the sale of
hazardous wastes, facility structure or equipment, land or other facility assets at the
time of partial or final closures; and
2.	Incorporate a zero cost for hazardous waste that might have economic
value.
(d)	The owner of a facility required to undertake corrective action shall
choose from the options described in 40 CFR 264.143 to provide financial assurance
for corrective action and shall comply with the requirements of 40 CFR 264.143. The
owner or operator shall submit the appropriate forms adopted in Rule 62-730.900(4)(a),
(b), (c), (e), (f), (g), (h), (i), and (j), F.A.C. The owner or operator shall provide financial
assurance for corrective action within 30 days of the Department approving the
Corrective Action Plan or Corrective Measures Studies through issuance of a
hazardous waste permit.
(e)	The owner or operator shall adjust the cost estimate for corrective action,
including the cost estimates for each year of corrective action, for inflation within 60
days prior to the anniversary date of the established financial instrument(s) used to
comply with 40 CFR 264.143. For owners or operators using the financial test or
corporate guarantee, the cost estimate for corrective action shall be updated for
inflation before submission of updated information as specified in 40 CFR
264.143(f)(3). The adjustment for inflation may be made by recalculating the maximum
costs of corrective action in current dollars or by using an inflation factor derived from
the most recent annual Implicit Price Deflator for Gross National Product published by
the U.S. Department of Commerce in its "Survey of Current Business". The inflation
factor is the result of dividing the latest published annual Deflator by the Deflator for the
previous year. The owner or operator shall:
1.	Make the first adjustment using the inflation factor by multiplying the
current corrective action cost estimate by the inflation factor. The result is the adjusted
cost estimate for corrective action.
2.	Make subsequent adjustments by multiplying the latest adjusted
corrective action cost estimate by the latest inflation factor.
(f)	The owner or operator shall revise the cost estimate for corrective action
no later than 30 days after the Department approves a request to modify specified
corrective action measures if the change in the measures increases the cost or
expected duration of corrective action. The revision shall reflect any change in the total
number of years required to perform the corrective action and any changes in the
estimated costs for each year of the corrective action. The owner or operator shall
adjust the revised corrective action costs for inflation as specified in (e) of this section.
(7)	Owners and operators of hazardous waste treatment, storage and
disposal facilities shall submit biennial reports required by 40 CFR 264.75 and 265.75,
as adopted by reference in this section, to the Department on EPA Form 8700-13A/B.
(8)	The Department adopts by reference the amendments to 40 CFR Part
265 in the Federal Registers dated July 11, 1995 (60 FR 35703), September 29, 1995
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(60 FR 50426^ November 13, 1995 (60 FR 56952). Februayr 9, 1996 (61 FR 4903)
April 12, 1996 (61 FR 162E9), and June 5, 1996 (61 FR 28508)
(9)	Owners and operators of hazardous waste treatment, storage and
disposal facilities shall complete the Department forms listed in Rule 62-730 900(4),
F.A.C., to demonstrate compliance with the financial requirements "in Rule
62-730.180(6), F.A.C. and in 40 CFR Part 264 Subpart H and 40 CFR Part 265 Subpart
H,	as adopted by reference in Rules 62-730.180(1) & (2): F.A C. Photocopies of
Department supplied forms are acceptable Retyped forms are not acceptable and will
be returned.
(10)	The owner or operator of a permitted hazardous waste facility who desires
to locate a transfer facility at the hazardous waste facility shall apply for a permit
modification. The permit modification shall require public notice as described in Rule
62-730.220(9)(c) and (d), F.A.C.
Specific Authority 403.704, 403.721, 403.724, 403.8055, FS.
Law Implemented 403.704, 403.721, 403.724, FS.
History - New 5-19-82; Amended 3-4-82, 5-20-82, 7-14-82, 8-30-82, 10-7-82,
11-25-82, 2-3-83, 3-31-83, 5-19-83, 1-5-84, 2-2-84, 11-7-84, 7-5-85, 10-3-85; Formerly
17-30.18; Amended 5-5-86, 9-19-86, 10-31-86, 3-31-87, 4-13-88, 6-28-88; Formerly
17-30.180; Amended 1-15-89, 8-13-90, 9-10-91, 10-14-92, 10-7-93; Formerly
17-730.180, Amended 1-5-95, 9-7-95, 4-30-S7.
62-730.181 Standards for the Management of Specific Hazardous Wastes
and Specific Types of Hazardous Waste Management Facilities.
(1)	The Department adopts by reference 40 CFR Part 266 revised as of July
I,	1995 and the amendments in the Federal Register dated April 12, 1996 (61 FR
16289).
(2)	Owners or operators of facilities claiming exemption to regulations under
40 CFR 266.20(b) shall maintain detailed operations records that may be used to
determine if the claim of exemption is valid. The records shall be retained for at least
three years and be made available to the Department upon request.
(3)	Owners or operators of suspected or confirmed contaminated sites where
a risk of exposure to the public may exist shall place warning signs as follows;
(a)	Warning signs shall be at least 2 feet by 2 feet, made of durable weather
resistant material, with a white background and red lettering of a size indicated in
Figures 1,2,3 and 4.
(b)	Warning signs shall be unobstructed and be mounted in such a manner
that the center of the sign is approximately 56 inches above ground surface and is
capable of being seen from at least 75 feet away.
(c)	Warning sign text shall correspond with the following;
1.	A contaminated site shall display warning signs consistent with Figure 1.
A "contaminated site" means any area in which the soil, surface water or air is
contaminated with hazardous waste;
2.	A waste study site study area shall display warning signs consistent with
Figure 2. A "waste site study area" means any area that is suspected, but not yet
confirmed by analysis, of being contaminated with hazardous waste;
3.	A site where a treatment system is operating shall display a warning sign
consistent with Figure 3; and
4.	A site which has a hazardous waste cover shall display a warning sign
consistent with Figure 4.
(d)	Text on all signs shall include the telephone number for a point of contact
at the appropriate regulatory agency for information.
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Figure 1
WARNING1
NO TRESPASSING!
CONTAMINATED AREA
AVOID CONTACT WITH
SOIL AND WATER
2" letters
2" letters
1" letters
1" letters
1" letters
FOR INFORMATION
(000) 000-0000
1" letters
1" letters
Figure 2
Figure 3
Figure 4
WARNING!
NO TRESPASSING!
WASTE SITE STUDY AREA
AVOID CONTACT WITH
SOIL AND WATER
FOR INFORMATION
(000) 000-0000
WARNING!
NO TRESPASSING!
HAZARDOUS WASTE TREATMENT SYSTEM
AVOID CONTACT WITH EQUIPMENT
FOR INFORMATION
(000) 000-0000
WARNING!
DO NOT DISTURB SOIL!
HAZARDOUS WASTE COVER
DANGEROUS MATERIAL MAY BE PRESENT
BELOW GROUND SURFACE
FOR INFORMATION
(000) 000-0000
2" letters
2" letters
1" letters
1" letters
1" letters
1" letters
1" letters
2" letters
2" letters
1" letters
1" letters
1" letters
1" letters
2" letters
2" letters
1" letters
1" letters
1" letters
1" letters
1" letters
Specific Authority 403.704, 403.721, 403.8055, FS.
Law Implemented 403.704, 403.721, 403.7255, FS.
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History — New 7-5-85; Amended 10-3-85, 5-5-86, 4-13-88, 4-15-86, 5-3-88; Formerly
17-30.181; Amended 1-25-89, 8-13-90, 10-14-92. 10-7-93; Formerly 17-730.181;
Amended 1-5-95, 9-7-95, 2-25-96, 4-30-97.
62-730.183 Land Disposal Restrictions. The Department adopts by
reference 40 CFR Part 268 revised as of July 1, 1995, and all appendices, with the
exception of 258.5, 268 6, 268.42(b) and 268.44. The authority for implementing these
excluded sections remains with EPA. The Department adopts by reference the Federal
Registers dated April 8, 1996 (61 FR 15565 and 15660), April 30, 1996 (61 FR 19117),
and June 28, 1996 (61 FR 33680).
Specific Authority 403.704, 403.721, 403.8055, FS.
Law Implemented 403.704, 403.721, FS.
History — New 1 -25-89, Formerly 17-30.183; Amended 8-13-90, 9-10-91, 10-14-92,
10-7-93; Formerly 17-730.183; Amended 1-5-95, 9-7-95, 4-30-97.
62-730.184 Adoption of Federal Procedures for Decision Making. The
Department will follow the procedures set forth in these sections of 40 CFR Part 124
revised as of July 1, 1995 and in the Federal Register dated December 11,1995 (60
FR 63417); 124.3(a); 124.5(a), (c), and (d); 124.6(a), (d), and (e) except (d)(4)(ii)
through (v); 124.8(a) and (b) except (b)(3) and (b)(8); 124.10(a) except (a)(1)(i) and
(a)(1)(iv) through (a)(3); 124.10(b); 124.10(c) except (c)(1)(iv) through (viii); 124.10(d)
except (d)(1)(vii) through (viii) and (d)(2)(iv); 124.11; 124.12(a); and 124.17 except (b)
124.31 except for two sentences in 124.31(a) which include the phrase "over which
EPA has permit issuance authority"; 124.32 except for two sentences in 124.32(a)
which include the phrase "over which EPA has permit issuance authority"; and 124.33
except for 124.33(a); which are hereby adopted by reference. Sections 124.31, 124.32,
124.33 apply to all applicants seeking permits for hazardous waste management units.
Specific Authority 403.704, 403.722, 403.8055, FS.
Law Implemented 403.704, 403.722, FS.
History -- New 10-7-93; Formerly 17-730.184; Amended 1-5-95, 4-30-97.
62-730.185 Standards for Universal Waste Management.
(1)	The Department adopts by reference 40 CFR Part 273 revised as of July
1, 1995 and the amendments in the Federal Register dated April 12, 1996 (61 FR
16289).
(2)	Any person seeking to add a hazardous waste or any category of
hazardous waste to this Section may petition under Section 120.54(5), F.S.; and 40
CFR 260.23, 273.80 and 273.81.
Specific Authority 403.704, 403.721, 403.8055, FS.
Law Implemented 403.061, 403.704, 403.721, FS.
History -- New 9-7-95, Amended 4-30-97.
PART IV
HAZARDOUS WASTE PERMITTING
62-730.200 Introduction and Scope.
(1) This Part provides the requirements and procedures for the issuance,
denial, renewal, modification, and revocation of any research development and
demonstration permit, temporary operation permit, operation permit, construction
permit, and closure permit for a hazardous waste treatment, storage, or disposal facility
as required by the Florida Department of Environmental Protection.
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(2)	The provisions of Chapter 62-4, Florida Administrative Code, shall also
apply to the permitting of hazardous waste facilities, but only to the extent Chapter 62-4
is consistent with this Part.
(3)	Whenever a permit is required pursuant to this Chapter and when other
rules of the Department require another type of permit, the Department will make every
effort to consolidate the review, issuance, and reissuance of Department permits
(4)	All hazardous waste facilities in operation on the effective ^te of this rule
shall, at a minimum, comply with 40 CFR Pert 265 standards as adoptee -n Rule
62-730.180(2), F.A.C. TOPs issued under Rule 62-730.231, F.A.C. shall include a
compliance schedule to bring the facility into compliance with 40 CFR Part 264
standards as adopted in Rule 62-730.180(1), F.A.C. All facilities which do not qualify
for a TOP, who have not made timely and complete application for a TOP or whose
TOP has expired shall comply with 40 CFR Part 264 standards as adopted in Rule
62-730.180(1), F.A.C.
(5)	Nothing in this part shall be construed to prohibit the inclus m of 40 CFR
Part 265 standards in a TOP issued under Rule 62-730.231, FAC compliance
schedules where the Department determines that their inclusion is the most effective
method to achieve the earliest possible compliance.
(6)	Permits may be issued or denied for one or more hazardous waste
management unit at a facility without simultaneously issuing or denying a permit to all
hazardous waste management units at the facility. The permit status of any unit for
which a permit has not been issued or denied is not affected by the issuance or denial
of a permit to any other unit at the facility.
Specific Authority 403.704, 403.722, FS.
Law Implemented 403.704, 403.722, FS.
History - New 7-1-82; Amended 9-23-87; Formerly 17-30.20; Amended 6-28-88,
Formerly 17-30.200, Amended 9-10-91, 10-14-92, Formerly 17-730.20, Amended
1-5-95.
62-730.210 Definitions.
(1)	The definitions as described in Section 62-730.020, FAC, shall apply to
this Part
(2)	In addition, as used in this Part:
(a)	"Closure" means the cessation of operation of a hazardous waste facility
or unit, and the act of securing such a facility or unit pursuant to the requirements of
Section 62-730.180, FAC so that it will pose no significant threat to human health or the
environment.
(b)	"Notice of deficiency" (NOD) means a certified letter from the Department
to a permit applicant indicating those items which were not completed or were
inadequate in the original permit application or in subsequent submittals and
requesting the submission of the required information.
(c)	"Permit" means the legal authorization granted by the Department to
engage in or conduct any construction, operation, or closure of any hazardous waste
facility or any research development and demonstration facility for a specified period of
time.
(d)	"Temporary operating permit" (TOP) means the legal authorization,
limited to a maximum of 3 years, granted by the Department to operate a hazardous
waste facility in accordance with Section 403.722(2), Florida Statutes, and Rule
62-730.231, F.A.C.
Specific Authority 403.704, 403.722, FS.
Law Implemented 403.704, 403.722, FS.
History -- New 7-9-82; Amended 1-5-84, Formerly 17-30.21, Amended 9-23-87;
Formerly 17-30.210, Amended, 9-10-91, Formerly 17-730.210.
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62-730.220 Applications for Permits.
(1)	Applications for hazardous waste permits shall be completed on DEP
Forms 62-730.900(2)(a) through (d) anc shall comply with suDsection (5) of this rule.
The Department shall, for existing units, upon request of the applicant, combine
applications for a construction permit and an operating permit at the same hazardous
waste facility into one issued permit. The fees remain the same as listed in Rule
62-4.050(4), F.A.C. The fee for the combined application shall be the sum of the
applicable fees in Rule 62-4 050(4), F.A.C. However, operation under the combined
permit shall not begin until the facility is in full compliance with 40 CFR Part 264
standards.
(2)	The following table indicates the minimum number of copies of
applications and supporting documents required to be filed with the Department. All
copies shall contain original signatures and seals in all instances where a signature or
certification is required.
Permit Type	Minimum Number of Copies
Temporary Operation	4
Construction	4
Operation	4
Closure	5
Research, Development and	4
Demonstration
For more complex applications the Department shall require additional copies.
The applicant shall contact the Department prior to submission of the application for the
correct number of copies to be submitted.
(3)	The Department adopts by reference the following sections of 40 CFR
Part 270 revised as of July 1, 1995: 270.1(c), 270.2, 270.3, 270.4, 270.6, 270.10,
270 11, 270.12 through 270.26, 270.30, 270.31, 270.32(b)(2), 270.33, 270.51, 270.61,'
270.62, 270.66, and 270.72. The Department adopts by reference the amendments in
the Federal Register dated December 11, 1995 (60 FR 63417).
(4)	Within 60 days after receipt of an application for a hazardous waste
facility permit, the Department shall examine the application and notify the applicant of
apparent errors or omissions and request additional information through a Notice of
Deficiency (NOD). The applicant shall respond to the Department within 30 days of
receipt of the NOD. Failure to provide a complete and adequate application for a
hazardous waste permit within the time limit set forth in an NOD is a violation of this
rule.
(5)	Applicants for a permit shall include with Part II of their permit application
all of the following information in addition to that required by the sections of 40 CFR
Part 270 adopted above.
(a)	All applicants for a hazardous waste facility permit shall indicate all other
federal and state laws that may apply to the issuance of the permit according to 40
CFR 270.3.
(b)	Owners or operators of hazardous waste facilities that store containers of
hazardous waste shall include a complete description of the procedures used to comply
with 40 CFR 264.171, 264.172 and 264.173.
(c)	Owners or operators of hazardous waste facilities that use tank systems
for storage or treating hazardous waste shall include a copy of the complete plan
describing their response to leaks or spills and disposition of leaking or unfit-for-use
tank systems as required by 40 CFR 264.196. For tank systems that do not meet the
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containment requirements of 40 CFR 264 193, they shall include a complete
description of the leak test or other approved method used to comply with 40 CFR
264.193(i)(1), (2) and (3).
(d)	Owners or operators of hazardous waste facilities that treat or dispose of
hazardous waste in land treatment units shall include:
1.	A complete description of an unsaturated zone monitoring program that
complies with 40 CFR 264.278; and
2.	A complete statement of how the recordkeeping requirements of 40 CFR
264.279 will be met.
(e)	Owners or operators of facilities that dispose of hazardous waste in
landfills shall include a complete description of how the surveying and recordkeeping
requirements of 40 CFR Part 264.309 will be met.
(f)	The owners or operators of facilities that incinerate hazardous waste shall
include a certification of the results of monitoring temperatures, waste feed rates,
carbon monoxide, and an appropriate indicator of combustion gas velocity. The
certification shall include a statement about the precision and accuracy of these
measurements for any previously conducted trial burn.
(g)	The owners or operators of facilities that treat, store, or dispose of
hazardous waste in miscellaneous units shall include a complete explanation of how
the requirements of 40 CFR 264.17 will be met if ignitable, reactive, or incompatible
wastes are to be placed in the miscellaneous unit.
(h)	Owners or operators of hazardous waste surface impoundments, piles,
land treatment units, miscellaneous units, and landfills shall:
1.	Include a complete Well Construction Summary Report (DEP Form
62-730.900(2)(b)) for each piezometer, ground water monitoring and recovery well
installed as part of site assessment, and all ground water monitoring program(s) under
40 CFR Parts 264 and 265.
2.	Take all ground water samples without using filters. Filtered samples may
be taken for comparison purposes only.
3.	Include a complete Quality Assurance Plan that meets the requirements
of Chapter 62-160, F.A.C.
(i)	Owners or operators of hazardous waste treatment, storage or disposal
facilities that intend to operate a transfer facility at the facility shall submit information
that demonstrates compliance with Rule 62-730.171, F.A.C. as part of the hazardous
waste facility permit application which is described in Rule 62-730.220, F.A.C.
(6)	All applications shall be certified by the facility owner, facility operator,
and landowner. The determination of the proper person to sign permit applications as
owner, operator and landowner shall be made in accordance with the provisions of 40
CFR 270.11.
(7)	All applications, plans, specifications, certification of construction
completion reports, and other related documents shall be certified by a professional
engineer registered in the State of Florida, except as provided in Section 62-4.050(3),
FAC.
(8)	All applications, plans, specifications and supporting documents, or any
part thereof, which involve the practice of professional geology as defined in Chapter
^92, Florida Statutes, shall be certified by a professional geologist licensed by the
tate of Florida.
(9)	Hazardous waste facility permitting is subject to the provisions of Section
¦^03.722(10), Florida Statutes, including the following procedures:
(a) The Department, within 30 days of receipt of a complete application for a
hazardous waste facility construction permit, shall notify each unit of local government
within 3 miles of the proposed facility that a complete permit application has been
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received and shall publish notice, in a newspaper of general circulation in the area of
the proposed facility, that a complete permit application has been received
(b)	Within 135 days after receipt of the original permit application, the last
item of timely requested additional information, or the applicant's written request to
begin processing the application, the Department shall send to the applicant by
certified mail a copy of the Department's intent to issue or deny the permit, and, in the
case of an intent to issue, a request for publication and broadcast of the notice of the
proposed permit issuance. The Department shall also transmit a written notice of the
Department's intention to issue the permit to each unit of local government having
jurisdiction over the area in which such facility is or will be located.
(c)	Within 30 calendar days of receipt of the Department's request, the
applicant shall cause to be published in a major local newspaper or newspapers of
general circulation, and broadcast over a local radio station or stations, notice of the
Department's intention to issue the permit. The applicant shall provide the Department
with proof of the publication and broadcast required by this paragraph within 14 days of
receipt of proof of publication but no later than 45 days after the applicant receives the
Department's Intent to Issue.
(d)	If within 45 days after publication and broadcast as required in paragraph
(c) the Department receives written notice of opposition to the agency's intention to
issue such permit and a request for a hearing, the Department shall provide for a
hearing pursuant to Section 120.57, F.S., if requested by a substantially affected party
or an informal public meeting if requested by any other person. Failure to request a
hearing within the 45-day period shall constitute a waiver of the right to a hearing under
Section 120.57, F.S. The Department shall provide at least 30 days public notice prior
to the holding of such hearing or meeting.
(10)	All applicants for hazardous waste permits shall provide all the
information required by this Part and by DEP Forms 62-730.900(2)(a) through (d) to the
Department. All Part II permit applications should be submitted in the same format as
the instructions provided by the Department. For example, the Closure Plan will be in
Part II. K. of the permit application. All Part II permit applications should be submitted .
in a standard 3-ring or D-ring binder. Provide a header with the revision number, date
and page number on each page of the permit application. Applications (or revised
pages to applications) shall include an index page which indicates all the items being
certified by a professional engineer. The index page shall be certified.
(11)	The applicant shall comply with the requirements of Section 403.722(12),
Florida Statutes. The applicant shall provide the Department with proof of compliance
with Section 403.722(12), Florida Statutes, within 14 days of receiving proof of
publication of the second notice of filing, but no later than 45 days after applying for the
permit.
Specific Authority 403.061, 403.087, 403.704, 403.722, FS.
Law Implemented 403.151, 403.704, 403.707, 403.722, 403.723, FS.
History -- New 7-9-82; Amended 1-5-84, 8-19-84, 7-22-85; Formerly 17-30.22;
Amended 9-23-87, 6-28-88, 12-12-88; Formerly 17-30.220; Amended 8-13-90, 9-10-91,
10-14-92, 10-7-93; Formerly 17-730.220; Amended 1-5-95, 4-30-97.
62-730.231 Newly Regulated Facilities.
(1) Any person who owns or operates a hazardous waste facility which is in
existence on the effective date of a rule change by the Department which would for the
first time require the facility to obtain a hazardous waste permit, shall be deemed to
have a Temporary Operation Permit (TOP) provided the owner or operator has
complied with the following requirements:
(a) The owner or operator has complied with the notice requirements of
Section 403.72(2), Florida Statutes, and
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(b) The owner or operator submits a completed and signed Application for a
Hazardous Waste Facility Permit Part I (DEP Form 62-730.900(2)(a)) and Application
for a Hazardous Waste Facility Permit Certification (DEP Form 62-730.900(2)(d)) at the
earlier of: (i) six months after the date the rule is filed, or (ii) 30 days after the facility is
first subject to the rule amendment that requires the facility to obtain a hazardous waste
permit.
(2)	A facility operating under a TOP pursuant to this Section shall not:
(a)	Treat, store or dispose of any hazardous waste not specified in Part I of
the permit application;
(b)	Employ any process not specified in Part I of the permit application; and
(c)	Exceed the design capacities specified in Part I of the permit application.
(3)	A facility operating under a TOP pursuant to this Section shall comply
with the standards of 40 CFR Part 265 as adopted by reference in Section 62-730 180
FAC.
(4)	Changes in the type of waste managed, design capacity, process, or
ownership or operational control of the facility may be made upon approval by the
Department in accordance with the standards and criteria for such changes set forth in
40 CFR 270.72.
(5)	TOPs deemed to be issued under this Section may be modified, revoked
or enforced in the same manner as any other hazardous waste permit:
(6)	No facility shall be eligible for a TOP under this Section if it has previously
been denied a State of Florida hazardous waste permit or has had a State of Florida
hazardous waste permit revoked provided such denial or revocation has not been
superseded by final order or a judicial determination. No facility shall be eligible for a
TOP under this Section if it has failed to qualify for federal interim status for any waste
code or has lost interim status for any waste code, pursuant to applicable federal
regulations.
(7)	TOPs for land disposal facilities under this Section shall terminate one
year after the date upon which the facility first became subject to permitting
requirements unless the owner or operator of the facility certifies compliance with
groundwater and financial requirements of Section 62-730.180, FAC and submits a
complete application for an operation or construction permit prior to the end of the one
year period.
(8)	For all facilities which require an operation permit, other than land
disposal facilities, TOPs shall terminate one year after the date upon which the facility
first became subject to permitting requirements unless the Department receives a
complete application for an operation permit prior to the end of the one year period.
For all facilities which require a construction permit, other than land disposal facilities,
TOPs shall terminate 120 days after the date upon which the facility first became
subject to permitting requirements unless the Department receives a complete
application for a construction permit prior to the end of the 120 day period.
(9)	Owners or operators of land disposal facilities seeking a TOP shall
submit, within 60 days after the date upon which the facility first became subject to
permitting requirements, a complete Ground Water Monitoring Plan proposal to satisfy
the requirements of 40 CFR Part 264 Subpart F. The Ground Water Monitoring Plan
proposal shall include a complete Quality Assurance Project Plan that satisfies the
requirements of Chapter 62-160, F.A.C.
(10)	No public notice of a facility's qualification for a TOP under this Section is
required. However, nothing in this section shall affect any rights which may exist under
Chapter 120, F.S., and Chapter 62-103, FAC.
(11)	This Section shall not apply to any facility which was required to obtain a
TOP under a Department final order entered prior to the effective date of this rule
provided that such order is not subject to judicial review.
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(12) A facility operating under a TOP shall apply for a closure permit as
described in Rule 62-730.260, FAC, before the TOP terminates if the facility decides
not to continue to operate. The TOP terminates one year from the date the facility first
became subject to the permitting requirements
Specific Authority 403.704, 403 722, 403.814, FS.
Law Implemented 403.704, 403.722, FS.
History -- New 9-23-87; Amended 6-28-88, Formerly 17-30.231, Amended 8-13-90,
9-10-91,	10-14-92, 10-7-93, Formerly 17-730.231, Amended 1-5-95.
62-730.240 Operation Permits.
(1)	No person shall begin operation of a hazardous waste facility without
applying for and receiving an operation permit from the Department. Hazardous waste
facilities that are issued an operation permit shall comply with 40 CFR Part 264
standards adopted in Section 62-730.180, FAC, except for hazardous waste
management units for which no Part 264 standards have been adopted in which case
Part 265 standards shall apply
(2)	Except as provided in Sections 62-730.231(7) and (8) and 62-730.250(7),
F.A.C., facilities operating with a TOP issued pursuant to Rule 62-730.231, F.A C.,
must apply for an operation permit before the termination of the TOP. The TOP
terminates one year from the date the facility becomes subject to the permitting
requirements.
(3)	Operation permits shall be issued for up to five years and shall be
renewable. Operation permits shall not be issued for less than five years without
cause.
Specific Authority 403.088, 403.704, 403.707, FS.
Law Implemented 403.704, 403.722, FS.
History -- New 7-9-82; Formerly 17-30.24, 11 -30.240, Amended 9-23-87, 9-10-91,
10-14-92,	Formerly 17-730.240.
62-730.250 Construction Permits.
(1)	No person shall begin construction or major modification of any unit at a
hazardous waste facility without applying for and receiving a construction permit from
the Department.
(2)	Construction permits for incinerators may allow a period of time necessary
for trial bums pursuant to 40 CFR 264 Subpart O. An owner or operator of an
incinerator shall submit a complete application for an operation permit within 90 days
after a trial burn or within 180 days before expiration of the construction permit,
whichever date is sooner. After the completion of a successful trial burn, an owner or
operator of an incinerator may operate under the construction permit until final agency
action is taken on the operation permit, provided the facility is in compliance with 40
CFR Part 264 standards and the conditions of the construction permit.
(3)	An owner or operator of a facility other than an incinerator may operate
under its construction permit until final agency action is taken on the operation permit
so long as the facility is in compliance with 40 CFR Part 264 standards, and makes
timely application for an operation permit. For the purposes of this rule, timely
application shall mean a complete application for an operation permit at least 180 days
prior to expiration of the construction permit and within 90 days of completion of
construction, whichever occurs first.
(4)	Notwithstanding subsection (1) above, no permit shall be required under
this section in order to construct a facility if such facility is constructed pursuant to
approval by the Department and EPA under other appropriate regulatory programs for
the incineration of polychlorinated biphenyls. Any person owning or operating such a
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facility may at any time after construction or operati::n has begun, file a complete
operation permit application to incinerate hazardou. ,-aste at the facility
(5)	No major modification to a facility, wh: includes the construction or
expansion of hazardous waste management units snail be undertaken without
application for and receipt of a construction permit. Modifications which do not require
a construction permit may require a permit modification under Section 62-730.290,
FAC. No construction permit shall be required for changes made solely for the
purposes of complying with the requirements of 40 CFR 265.193 as adopted by
reference in Section 62-730.180, FAC.
(6)	No person operating a hazardous waste transfer facility may alter
operations or modify the facility so that it becomes a hazardous waste treatment,
storage or disposal facility without first obtaining a hazardous waste construction
permit.
(7)	The owner or operator of a facility which is operating or has operated
under a Temporary Operating Permit (TOP) and which has made timely application for
a construction permit pursuant to Rule 62-730.231(7) or (8), F.A.C., may continue to
temporarily operate until the construction permit application is denied or until final
agency action is taken on an operation permit for the facility provided:
(a)	The facility is in compliance with the construction permit conditions;
(b)	The facility is in compliance with 40 CFR Part 265 standards; and
(c)	The owner or operator of the facility submits a complete application for an
operation permit at least 180 days prior to the expiration of the construction permit.
Specific Authority 403.704,403.722, FS.
Law Implemented 403.704, 403.722, FS.
History -- New 7-9-82; Formerly 17-30.25, Amended 9-23-87, 12-12-88; Formerly
17-30.250, Amended 7-3-89, 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly
17-730.250, Amended 1-5-95.
62-730.260 Closure Permits.
(1)	No person shall close a hazardous waste facility or conduct post-closure
activities at a facility without applying for and receiving a hazardous waste closure
permit. Application for closure permits shall be made on forms 62-730.900(2)(a)
through (d) and at the time specified for the notification of a closure in 40 CFR
264.112(d) or 40 CFR 265.112(d) as adopted in Rule 62-730.180, FAC. or at the time
specified in a permit issued under 62-730 F.A.C.
(2)	All post closure care requirements of this Chapter shall be performed
pursuant to a closure permit and applicable closure rules. The owner or operator shall
apply for renewal of the closure permit at least 180 days prior to its expiration
throughout the closure and post closure period.
(3)	Closure permits may contain a compliance schedule which allows the
applicant to demonstrate that the facility has been "clean closed" pursuant to the
requirements of 40 CFR 264 and 265 Subpart G as adopted by reference in Section
62-730.180, FAC and that post closure care is not required. The permit sh2ll provide
that if such a demonstration is not successful, all post closure care requirements shall
apply and the permit may be modified accordingly.
(4)	Facilities which are closing under 40 CFR Part 264 standards but which
have not been required to meet performance standards for new landfills shall not be
required to meet the double liner and leachate collection requirement of 40 CFR 264
Subpart N at closure.
(5)	If closure or post-closure plans have been approved by the Department
as part of a TOP, construction, or operation permit application, the applicant for a
closure permit shall include a copy of the approved closure (40 CFR 264.112) or
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post-closure (40 CFR 264.118) plans with the application. The applicant shall also
either'
(a)	Attach a certification stating that no changes have been made to the
plans; or
(b)	Provide an amended plan showing all the changes which have been
made, or are proposed to be made to the plans
(6) Within 60 days of completion of closure, the owner or operato; of the
hazardous waste facility shall submit to the Department a certification that the facility
has been closed in accordance with the specifications in the closure plan. The
certification shall be signed by both the owner or operator of the hazardous waste
facility and an independent registered, professional engineer.
Specific Authority 403.704,403.722, FS.
Law Implemented 403.704, 403.722, FS.
History ~ New 7-9-82; Formerly 17-30.26; Amended 9-23-87, 6-28-88, Formerly
17-30.260, Amended 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.260, Amended
1-5-95.
62-730.270 Exemptions.
(1)	No permit under this Chapter shall be required for the following:
(a)	An ocean disposal barge or vessel, if the owner or operator:
1.	Has and complies with a Federal permit for ocean dumping issued under
40 CFR Part 220, and
2.	Complies with 40 CFR Sections 264.11, 264.71, 264.72, 264.73(a) and
(b)(1), 264.75, and 264.76 as adopted in Section 62-730.180, FAC.
(b)	A Publicly Owned Treatment Works (POTW), if the owner or operator.
1.	Has and complies with a National Pollutant Discharge Elimination System
(NPDES) permit, if required, and an applicable State domestic waste permit issued by
the Department,
2.	Complies with 40 CFR Sections 264.11, 264.71, 264.72, 264.73(a) and
(b)(1), 264.75, and 264.76 as adopted in Section 62-730.180, FAC,
3.	Accepts only waste which meets all Federal, State, and local pretreatment
requirements which would be applicable to the waste if it were being discharged into
the POTW through a sewer, pipe, or similar conveyance, and
4.	For permits issued after November 8, 1984, complies with 40 CFR
264.101 as adopted in Section 62-730.180, FAC.
(c)	An injection well, if the owner or operator:
1.	Has and complies with a State underground injection permit issued by a
federally approved State Underground Injection Control program,
2.	Complies with 40 CFR 264.11, 264.16, 264.71, 264.72, 264.73(a), (b)(1),
and (b)(2), 264.75, and 264.76 as adopted in Section 62-730.180, FAC, and
3.	For permits issued after November 8, 1984, complies with 40 CFR
264.101 as adopted in Section 62-730.180, FAC.
(2)	Notwithstanding any other provision in Chapter 62-730, FAC, a facility
which has been issued a permit under this Chapter shall not be required to obtain a
solid waste permit for the activities addressed in the hazardous waste permit.
(3)	The following persons shall not be required to obtain a hazardous waste
TOP, operation, construction, or closure permit:
(a)	Generators of hazardous waste and hazardous waste facilities exempted
or excluded from the hazardous waste permit program under other applicable
provisions of federal or state law, rules or regulations.
(b)	Generators of waste or facilities managing such wastes if those wastes
are specifically excluded from the hazardous waste program under other applicable
provisions of federal or state law, rules or regulations.
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Specific Authority 403.704, 403 7?.?. FS.
Law Implemented 403.704, 403.7' :3, 403.722, FS.
History -- New 7-1-82; Formerly 1" J.27, Amended 9-23-87; Formerly 17-30.270,
Formerly 17-730.270.
62-730.280 Permit Conditions.
Specific Authority 403.704, 403.722, FS.
Law Implemented 403.704, 403.722, FS.
History-- New 7-9-82; Amended 10-25-84, Formerly 17-30.28; 9-23-87, 6-28-88,
Formerly 17-30.280, Amended 8-13-90, 9-10-91, Formerly 17-730.280, Repealed
10-20-96.
62-730.290 Permit Modification.
(1)	After notice, and administrative hearing if requested by the permittee or a
substantially affected party, the Department may require the permittee to conform to
new or additional conditions upon a showing of good cause. For the purposes of this
Section good cause shall include, but not be limited to, the following:
(a)	The standards or rules on which the permit was based have been
changed by amendment or judicial decision after the permit was issued,
(b)	The Department has received information which was not available at the
time of permit issuance and would have justified different permit conditions;
(c)	There are alterations in the facility after permit issuance which justify
different permit conditions but do not require a construction permit; or
(d)	the causes set forth in 40 CFR Sections 270.41 and 270.42.
(2)	When a permit is to be modified only the conditions subject to
modification are opened. All other aspects of the permit shall remain in effect.
(3)	Upon a written request by the permittee and submittal of the appropriate
permit modification fee, the Department shall grant or deny modifications to the permit.
(4)	Permit modifications which are Class 2 and Class 3 modifications as set
forth in 40 CFR Section 270.42, shall be accompanied by public notice as required in
Section 62-730.220(9)(c) and (d). Permit modifications which are Class 1 modifications
as set forth in 40 CFR Section 270.42 are minor modifications and may be made
without public notice.
Specific Authority 403.704, 403.722, FS.
Law Implemented 403.704, 403.722, FS.
History — New 7-9-82; Amended 10-25-84, Formerly 17-30.29, Amended 9-23-87
Formerly 17-30.290, Amended 7-3-89, 9-10-91, 10-7-93, Formerly 17-730.290.
62-730.300 Permit Renewal and Transfer.
(1) Prior to 180 days before the expiration of any hazardous waste permit, the
permittee shall complete an application for a permit renewal, unless the facility will
close prior to the expiration of an existing operation permit and either no post-closure
care is required or post-closure care is completed; or the facility completed closure and
post-closure care activities; or the facility completed closure activities and no
post-closure care is required. The Department will review the renewal permit
application and issue or deny the permit in accordance with 40 CFR 270.51. The
application requirements for renewal of a permit are as follows:
(a) Owners or operators of facilities where there are changes to the facility
plan or its operation or closure or post-closure care activities, or there are regulatory
changes that effect its operation or closure or post-closure care activities, shall submit
a letter describing the changes, all attachments necessary to completely describe the
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change, a completed Application for a Hazardous Waste Facility Permit Certification
(DEP Form 62-730.900(2)(d), and the permit renewal fee.
(b) Owners or operators of facilities which have operated or are conducting
closure or post-closure care activities under the existing permit without any facility or
regulatory changes shall submit a letter stating that there are no changes to the
application filed in support of the existing permit, a completed Application for a
Hazardous Waste Facility Permit Certification (DEP Form 62-730.900(2)(d)), and the
permit renewal fee.
(2)	Permits issued under this Part may be transferred by the permittee to a
new owner or operator only upon Department approval. Application for transfer shall
be made at least 90 days before the effective date of the transfer and shall include:
(a)	A properly completed Application for Transfer of Permit Form
(62-1.201(1));
(b)	A demonstration that the new owner or operator meets the financial
responsibility requirements adopted in Section 62-730.180, FAC; and
(c)	A certification stating that no changes are to be made which would require
modification of the permit, or a proposal for modification
(d)	A completed Application for Hazardous Waste Facility Permit Part I (DEP
Form 62-730.900(2)(a)).
(e)	A completed Application for Hazardous Waste Facility Permit Certification
(DEP Form 62-730.900(2)(d)).
(3)	The prior owner or operator shall comply with the requirements of 40 CFR
264 Subpart H until the new owner or operator has demonstrated compliance with that
Subpart.
(4)	The permittee shall comply with Section 403.722(13), Florida Statutes,
which specifies the requirements for transfer of permits.
Specific Authority 403.704, 403.722, FS.
Law implemented 403.704, 403.722, FS.
History -- New 7-1-82; Formerly 17-30.30; Amended 9-23-87, 6-28-88, Formerly
17-30.300, Amended 8-13-90, 10-14-92, 10-7-93, Formerly 17-730.300, Amended
1-5-95.
62-730.310 Availability of Information.
(1)	Pursuant to Chapter 119, Florida Statutes, all documents, papers, or
other material received or made by the Department in connection with its hazardous
waste program are public records. Except as provided below, all such information is
available for inspection at reasonable times and under reasonable conditions. The
Department shall furnish copies of public records upon payment of the actual cost of
duplication. In the case of public records for which no claim of trade secret or
confidential records has been made under this Section, records shall be made
available as soon as possible but in no event later than 20 working days from the
receipt of a request. A requestor of information for which no claim of trade secret or
confidential records has been made may seek remedies pursuant to Subsection (7)
below.
(2)	When requests for records are not sufficient to identify and locate the
requested records the Department shall promptly notify the requestor and make every
reasonable effort to assist in the identification and description of records requested.
(3)	Any person who submits information to the Department pursuant to this
Chapter may assert a claim of trade secret or records confidentiality under Section
403.73 and 403.111, Florida Statutes. In order to assert such a claim the information
submitted must be accompanied by a cover letter which explains what information is a
trade secret or confidential records and why it is believed to be a trade secret or
confidential records. In addition each page of the material subject to the claim shall be
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prominently stamped or marked "Confidential Trade Secret" or "Confidential Reco'ds".
Information submitted to the Department without a proper claim of trade secret or
records confidentiality shall be treated as a public record. Material which would not be
considered confidential business information under 40 CFR Part 2 Subpart B shall not
be considered a trade secret or confidential records for purposes of this section.
(4)	Upon receipt of information upon which a trade secret or confidential
records claim has been made the Department shall place the material upon which the
claim has been made in a separate confidential file and shall place a notice in the
public record file that such confidential information exists. The Department may, after
notice and opportunity for hearing, determine that the material is not a trade secret or
confidential records and is not confidential.
(5)	Any person who requests the right to inspect material for which a claim of
trade secret or records confidentiality has been made shall be promptly informed of
their rights under this rule snd under Chapter 119, F.S.
(6)	Any person may request confidential trade secret records or confidential
records by filing a written request with the Department's Office of General Counsel.
The Department shall issue a notice of its intent to release the information or to keep it
confidential within 20 working days of receipt of a request which properly describes the
identity and location of the information pursuant to Subsection (2). The notice shall be
sent to both the requestor and the person asserting tne trade secret or confidential
records claim. Failure of the Department to take action within the 20 day period shall
constitute final agency action to not release the information and the requestor may
seek judicial review provided below.
(7)	The requestor or the party asserting the claim of trade secret or
confidential records may file an action in circuit court pursuant to Section 119.11, F.S.
Specific Authority 403.704, 403.722, FS.
Law Implemented 403.704, 403.722, FS.
History - New 7-9-82; Formerly 17-30.31; Amended 9-23-87, 6-28-88, Formerly
17-30.310, Amended 10-7-S3, Formerly 17-730.310.
62-730.320 Emergency Detonation or Thermal Treatment of Certain
Hazardous Waste.
(1) Certain hazardous wastes, due to their origin, age, and storage conditions
have become a hazard to their surroundings. Because of the flammable, shock
sensitive and explosive nature of the wastes, there is an immediate danger and
imminent hazard to persons and property in the surrounding area. Therefore, an
authorization is granted for the emergency detonation or treatment of reactive
hazardous wastes, as defined in F.A.C. Chapter 62-730, provided:
(a)	The person having custody of the waste contacts the Department and
obtains oral or written permission prior to detonation or treatment. If the permission is
oral it must be followed within five days by a written order. Written orders shall be
accompanied by the publication of public notice.
(b)	The waste is highly reactive, shock sensitive, or explosive and can only
be safely disposed of through its prompt detonation or treatment.
(c)	The type and amount of waste to be detonated is specified to the
Department. Only those wastes specified may be disposed of under this permit.
(d)	The detonation or treatment is conducted or supervised by local law
enforcement officials, bomb squads, or other officials or agencies experienced in the
handling and disposal of explosives.
(e)	The time and place of the detonation or treatment is specified in the
notice to the Department.
(f)	The procedures for the detonation or treatment is specified in the notice
to the Department.
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(g)	Permission granted under this rule -shall not exceed 90 days
(h)	Permission granted under this rule shall include all applicable
requirements of Chapter 62-730 to the extent possible and not inconsistent with the
emergency situation
(2) This authority shall be subject to the following specific conditions.
(a)	All other local, state, and federal approvals and licenses required for the
activities allowed in this authorization shall be obtained.
(b)	Visible residual materials shall be recovered from the site and properly
disposed of in accordance with Department rules.
(c)	Adequate fire protection to assure confinement and control of any fire
resulting from the operation shall be provided.
(d)	The local Department representative or their designee shall be notified
and may be present to observe the treatment or detonation.
(e)	Prior to treatment or detonation, the site shall be secured and no site
access allowed except by authorized personnel. The area around the site shall be
visually inspected to assure that no unauthorized personnel are present The securing
and inspection of the site shall be made to at least the following distances:
POUNDS OF WASTE MINIMUM DISTANCE
EXPLOSIVE
0 to 100	204 meters (670 feet)
101 to 1,000	380 meters (1250 feet)
1,001 to 10,000 530 meters (1730 feet)
10,001 to 30,000 690 meters (2260 feet)
(f)	Thermal treatment or detonation shall be conducted only at the times and
place specified in the permittee's notice to the Department.
(g)	The Department may require, as a condition of its approval, that soil
sampling be conducted before and after the detonation or treatment.
(h)	Within 30 days of the emergency detonation or thermal treatment, the
authorized person shall submit to the Department a complete written summary of the
detonation or treatment which shall include actual procedures used, disposition of any
residues from the process, and other pertinent information.
Specific Authority 403.704,403.721, FS.
Law Implemented 403.061, 403.704, 403.721, 403.726, FS.
History -- New 9-30-85; Formerly 17-30.32, 17-30.320, Formerly 17-730.320, Amended
1-5-95.
62-730.330 Research Development and Demonstration Permits.
Specific Authority 403.704, FS.
Law Implemented 403.7221, FS.
History -- New 9-23-87; Amended 6-28-88, Formerly 17-30.330, Formerly 17-730.330,
Repealed 10-20-96.
PART V
HAZARDOUS WASTE FORMS
62-730.900 Forms. The forms used by the Department in the Hazardous
Waste Management Program are adopted and incorporated by reference in this
section. The forms are listed by rule number, which is also the form number, and with
the subject title and effective date. In order to facilitate the initial submission of a
complete application, applicants for hazardous waste permits are encouraged to use
the Hazardous Waste Facility Permit Application Instructions, which provide guidance
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to the forms and assistance in assuring that the ¦ olication complies with the
provisions of 40 CFR Part 270 and this Chapte: opies of the farms and instructions
may be obtained by writing to the Hazarc'ojs V\ Regulation Section, Division of
Waste Management, Department of Environmer. Protection, 2600 Blair Stone Road,
Tallahassee, Florida 32399-2400.
(1)	Governmental Hazardous Waste Notification Form for the calendar year
19_, December 1, 1984.
(2)	Application for a Hazardous Waste Facility Permit Forms.
(a)	Part I - General, January 5, 1995.
(b)	Well Construction Summary Report, September 10, 1991.
(c)	Information Regarding Potential Releases from Solid Waste Management
Units, October 7, 1993.
(d)	Certification, January 5, 1995.
(3)	Application for a Hazardous Waste Emergency EPA/DEP Identification
Number, January 5, 1995.
(4)	Hazardous Waste Financial Responsibility Forms.
(a)	Hazardous Waste Facility Letter from Chief Financial Officer to
Demonstrate Financial Assurance, January 5, 1995.
(b)	Hazardous Waste Facility Letter from Chief Financial Officer to
Demonstrate Financial Responsibility, January 5, 1995.
(c)	Hazardous Waste Facility Corporate Guarantee to Demonstrate Financial
Assurance, January 5, 1995.
(d)	Hazardous Waste Facility Corporate Guarantee for Liability Coverage,
January 5, 1995.
(e)	Hazardous Waste Facility Trust Fund Agreement to Demonstrate
Financial Assurance, January 5, 1995.
(f)	Hazardous Waste Facility Standby Trust Fund Agreement to Demonstrate
Financial Assurance, January 5, 1995.
(g)	Hazardous Waste Facility Irrevocable Letter of Credit to Demonstrate
Financial Assurance, January 5, 1995.
(h)	Hazardous Waste Facility Financial Guarantee Bond to Demonstrate
Financial Assurance, January 5, 1995.
(i)	Hazardous Waste Facility Performance Bond to Demonstrate Financial
Assurance, January 5, 1995.
(j) Hazardous Waste Facility Insurance Certificate to Demonstrate Financial
Assurance, January 5, 1995.
(k) Hazardous Waste Facility Certificate of Liability Insurance (Primary
Policy), January 5, 1995.
(I) Hazardous Waste Facility Certificate of Liability Insurance
(Excess/Surplus Policy), January 5, 1995.
(m) Hazardous Waste Facility Endorsement (Primary Policy), January 5,
1995.
(n) Hazardous Waste Facility Endorsement (Excess/Surplus Policy), January
5, 1995.
(5)	Hazardous Waste Transporter Financial Responsibility Forms.
(a)	Hazardous Waste Transporter Certificate of Liability Insurance, January
5, 1995.
(b)	Hazardous Waste Transporter Liability Endorsement, October 14, 1992.
(c)	Hazardous Waste Transporter Liability Surety Bond, October 14, 1992.
(d)	Hazardous Waste Transporter Status Form, October 14, 1992.
(6)	Transfer Facility Notification Form, October 14, 1992.
Specific Authority 120.53,403.061, FS.
Law Implemented 120.53, 120.55, 403.0875, FS.
Effective 4-30-97
26

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DEP 1997
HAZARDOUS WASTE
62-730
History -- New 11-30-82, Amended 4-1-83, 5-5-83, 8-21-83, 3-1-84, 5-31-84, 9-17-84,
10-29-84, 2-11-85; Formerly 17-1.207(1) and (3)-(6), Amended 2-6-86, 4-8-86, 9-23-87;
Formerly 17-30.401, Amended 6-28-88, 12-12-88, Formerly 17-30.900, Amended
7-3-89, 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.900, Amended 1-5-95.
Effective 4-30-97
27

-------
DEP 1997
HAZARDOUS WASTE
62-730
INI) i:x
62-730.00] Declaration and Intent	 	 	
<>2-730.020 Definitions	
62-730.021 References, Variances and Case-In-Case Regulations	
62-730.030 Identification of Hazardous Waste	
62-730.140 Declaration and Intent	
62-730.150 General	
62-730.160 Standards Applicable to Generators of Hazardous Waste	
62-730.161 Emergency Identification Numbers	
62-730.170 Standards Applicable to Transporters of Hazardous Waste	
62-730.17] Transfer Facilities	
62-730.180 Standards Applicable to Owners and Operators of Hazardous Waste Treatment, Storage and
Disposal Facilities	
62-730.181 Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous
Waste Management Facilities	
62-730.183 Land Disposal Restrictions	
62-730.184 Adoption of Federal Procedures for Decision Making	
62-730.185 Standards for Universal Waste Management	
62-730.200 Introduction and Scope	
62-730.210 Definitions	
62-730.220 Applications for Permits	
6?-730.231 Newh Regulated Facilities	
62-730.240 Operation Permits	
62-730.250 Construction Permits	
62-730.260 Closure Permits	
62-730.270 Exemptions	
62-730.280 Permit Conditions	
62-730.290 Permit Modificati.- 		
62-730.300 Permit Renewal and Transfer	
62-730.310 Availability of Information	
62-730.320 Emer<_'enc> Detonation or Thermal Treatment of Certain Hiizardous Waste	
62-730.330 Research Development and Demonstration Permits	
61-730.900 Forms	
2
2
.
. 3
4
4
5
.6
7
8
. 9
1 1
13
13
13
13
14
15
17
19
19
:o
21
22
22
22
23
24
25
25
Effective 4-30-97
28

-------
EPA/DEP/Industry Workshop
RCRA Program
Authorization Updates
August 12-14,1997
Clearwater Beach, Florida

-------
PROGRAM AUTHORIZATION STATUS
4-15-97
CLUSTER'
FEDERAL CHANGES
BETWEEN DATES
RULES
ADOPTED
DRAFT
REVISION
APPLICATION
FINAL
REVISION
APPLICATION
FEDERAL
REGISTER
PUBLISHED
COMMENTS
BASE PROGRAM
& NON-HSWA
before Cluster I
1/1/76 and 6/30/84
Yes


1/29/85 (effective
date 2/12/85)
Authorized
NON-HSWA I
7/1/84 and 6/30/85
Yes
8/4/86
2/27/87
12/1/87 (1/5/88
correction)
(effective 3/1/88)
Authorized
NON-HSWA II
7/1/85 and 6/30/86
Yes
11/30/87
6/20/88
12/16/88 (effective
date 1/3/89)
Authorized
NON-HSWA III
7/1/86 and 6/30/87
Yes
8/30/88
5/27/91
2/5/92 (effective
date 4/6/92)
Authorized
RMW

Yes
8/30/88
7/31/90
12/14/90 (effective
date 2/12/91)
Authorized
NON-HSWA IV
7/1/87 and 6/30/88
Yes
6/26/89
7/25/91
2/7/92 (effective
date 4/7/92)
Authorized
NON-HSWA V
7/1/88 and 6/30/89
effective
8/13/90
8/27/90
5/31/91
2/5/92 (effective
date 4/6/92)
Authorized
TC
3/19/90 & 7/29/90
Federal Registers only
Effective
9/10/91
11/26/91
11/26/91
5/20/92 (effective
date 7/20/92)
Authorized
HSWA I - w/o
Corrective Action
11/8/84 and 6/30/87
effective
1/25/89
4/28/89
7/17/92
11/9/93 (effective
date 1/10/94)
Authorized
'For an explanation of the Cluster concept, see 40 CFR 271.21(e) and the 9/22/86 Federal Register (51 FR 33712).
1

-------
PROGRAM AUTHORIZATION STATUS
4-15 97
CLUSTER*
FEDERAL CHANGES
BETWEEN DATES
RULES
ADOPTED
DRAFT
REVISION
APPLICATION
FINAL
REVISION
APPLICATION
FEDERAL
REGISTER
PUBLISHED
COMMENTS
NON-HSWA VI
7/1/89 and 6/30/90
effective
9/10/91
9/28/93
9/28/93
7/11/94 (effective
date 9/9/94)
Authorized
HSWA II - w/o
Corrective Action
7/1/87 and 6/30/90
effective
9/10/91
12/22/93
12/22/93
10/26/94
(effective date
12/27/94)
Authorized
RCRA I - w/o BIF
7/1/90 and 6/30/91
effective
10/14/92
2/24/94
2/24/94
8/16/94 (effective
date 10/17/94)
Authorized. RCRA I Application is
combined with RCRA II Application.
RCRA II
7/1/91 and 6/30/92
effective
10/07/93
2/24/94
2/24/94
8/16/94 (effective
date 10/17/94)
Authorized
RCRA III
7/1/92 and 6/30/93
effective
1/5/95
2/24/95
2/14/96
4/1/97
(effective
date 6/2/97)
Authorized. RCRA III Application is
combined with RCRA IV.
RCRA IV
7/1/93 and 6/30/94
effective
1/5/95
2/24/95
2/14/96
4/1/97
(effective
date 6/2/97)
Authorized
Universal Waste
5/11/95 Fed. Register
effective
9/7/95
6/21/96
6/21/96
4/1/97
(effective
date 6/2/97)
Authorized







'For an explanation of the Cluster concept, see 40 CFR 271.21(e) and the 9/22/86 Federal Register (51 FR 33712).
2

-------
PROGRAM AUTHORIZATION STATUS
7-8-97
CLUSTER'
FEDERAL CHANGES
BETWEEN DATES
RULES
ADOPTED
DRAFT
REVISION
APPLICATION
FINAL
REVISION
APPLICATION
FEDERAL
REGISTER
PUBLISHED
COMMENTS
BIF
2/21/91,7/17/91,8/27/91
9/5/91 & 11/9/93 FR's
effective
10/14/92
6/21/96



Used Oil
9/10/92, 5/3/93 & 3/4/94
FR's
effective
1/5/95
2/24/95
2/14/96

EPA separated Used Oil Management
(40 CFR Part 279) from the RCRA
lll/IV Application. We are working on
satisfying their questions.
RCRA V
7/1/94 and 6/30/95
effective
4/30/97



RCRA V Application will be combined
with RCRA VI.
RCRA VI
7/1/95 and 6/30/96
effective
4/30/97




RCRA VII
7/1/96 and 6/30/97
No



Rule revision due by 7/1/98.



























'







"For an explanation of the Cluster concept, see 40 CFR 271.21(e) and the 9/22/86 Federal Register (51 FR 33712).
3

-------
530-^- imnwHiata mlirtirmililp
between these SIAPs and safety in air
ffrniumwm I nnH fK»t notice public
procedure before adopting these SIAPs
are »Twpr«rHr»hlo «m< flrmlwj to the'
public interest and, where applicable,
that good cause exists for making some
SIAPs effective in less than 30 days.
The FAA has determined that this
regulation coaly involves an established
body of technical regulations far which
frequentw»
criteria of the Regulatory Flexibility Act
List of Subjects in 14 CFE. Part 87
Air Traffic Control, Airports,
Navigation (Air).
Issued in Washington, DC an December 1,
1995.
Thomas C Accardi,
Director, Flight Standards Service.
Adoption of the Amendment
Accordingly, pursuant to the
authority delegated to me, part 97 of the
Federal Aviation Regulations (14 CFR
part 97) is amended by establishing,
nmonrling suspending, or revoking
Standard Instrument Approach
Procedures, effective at 0901UTC on
the dates specified, as follows:
PART 97—rSTAMDARO INSTRUMENT
APPROACH PROCEDURES
1.	The authority citation to part 97 is
revised to read as follows:
Authority. 49 U.S.C. 106(g). 40103.40113,
40120.44701; and 14 CFR 11.49(b)(2).
2.	Part 97 is amended to read as
follows:
§§97.23,97.27,87.33,87.35 [Amended]
By amending: § 97.23 VOR, VOR/
DME, VOR or TACAN, and VOR/DME
or TACAN; § 97J27 NDB, NDB/DME;
§ 97.33 RNAV SIAPs; and § 97.35
COPTER SIAPs. identified as follows:
"'Effective JAN 04,1996
Madera, CAMadeta Muni. VOR or GPS RWY
30, Amdt 9 CANCELLED
Madera, CA Madera Muni. VOR RWY 30.
Amdt 9
Webster City. LA, Webster City Mnni, NDB or
GPS RWY 32. Amdt 7 CANCELLED
Webster City. IA. Webster City Muni, NDB
RWY 32, Amdt 8
Augusta. KS, Aogosta Msni, VOR/DME
RNAV or GPS RWY 38, Orig-A
CANCELLED
Anguita. KS, Augusta ManL VOR/DME.
RNAV RWY 38. Qrig-A
Olatbe. KS, Johnson County Executive. VOR
or GPS KWY 35, Amdt 10 CANCELLED
Oiathe, KS. Johnson Comity Exacottve, VOR
RWY 35,-Amdt 10
Eastpart. ME. EastpectMmiL NDB or GPS
RWY 13. Orig CANCELLED
Eastpart, ME, Eastpart Mnni, NDB RWY 15, -
Grig
HaiiisapvUIe, MO, Lawrence Smith
Memorial. VOR/DME or GPS RWY 35, Orig
CANCELLED
Hamsonville, MO. Lawrence Smith
Memorial. VOR/DME RWY 35. Orig
Omaha. NE.MHkrd.V0B/DME RNAV or
GPS RWY 12. Amdt 6 CANCELLED
Omaha. NE. Millard. VOR/DME RNAV RWY
12, Amdt 6
Sidney, NE, Sidney Muni. VOR/DME OR
TACAN or GPS KWY*0 Amdt 4
CANCELLED
Sidney, NE. Sidney Muni, VOR/DME OR
TACAN RWY 30 Amdt 4
Clinton, OK. CUnton-Sherman, NDB or GPS
RWY 17R. Amdt 10CANCELLED
rHtitnw nif, rHntrm-KWrnnn WTW BWV
17R. Amdt 10
Pauls Valley, OK. Pauls Valley Mnni, NDB or
GPS RWY 35, Amdt 2 CANCELLED
Pauls Valley, OK. Pauls Valley Mnni. NDB
RWY 35, Amdt 3
Gainesville, TX. Gainesville Muni. NDB or
GPS RWY 17, Amdt 8 CANCELLED
Gainesville, TX, Gainesville Muni, NDB RWY
17, Amdt 8
[FRDoc. 95-30098 Filed 12-6-95; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Paris 9,124 and 270
[FRL-5319-4 RJN 205<^AD«7]
RCRA Expanded Public Participation
AGENCY: Environmental Protection
Agency.-
ACTION: Final rule.
summary: The Environmental Protection
Agency (EPA) is 'i«cning new regulations
under the Resource Conservation and
Recovery Act (RCRA). The new
regulations will improve the process far
permitting facilities that store, treat or
dispose of hazardous wastes by
providing earlier opportunities for
public involvement in the process and
expending public access to information
throughout ^ miMiwg
the operational lives of facilities.
BTECTTVE date: Junell, 1996.
ADDRESSES: Supporting materials are
available far viewing in the RCRA
Irifhrmaticgi Center (R1C) located at 1235
Jefferson Davis Highway, Arlington VA.
The Docket Identification Nwmhwr4s F-
95-PPCF-FFFFF (the docket number for
die proposed rule is F-94-PPCP-
FFFFF). Tbe RIC is open from 9 ajn. to
4 p jn., Monday through Friday,
¦wtnrfiTig federal holidays. To review
Anrin* materials, public must
an appointment by calling (703) 603-
9230. The public may copy a maximum
of 100 pages from any regulatory docket
at no charge. Additional copies coat
S.15/page. The index and some
«np|MuHTtg materials are available,
electronically. See the SUPMHSnART
TOMIAT10N section for in formation on
FOR FURTHER MFORMATION CONTACT: Far
yniiwl infnmmtirm, ran fart the RCRA
Hothne at 1-800-424-9346 orTDD 1-
800-553-7672 (hearing impaired). In
the Washington metropolitan area, call
703-412-9810 or TDD 703-412-3323.
For mora	information on
specific aspects of this rulemaking,
contact Patricia ButdbVI. Office of Solid
Waste (5303W), U.S. Environmental
Protection Agency, 401M Street, SW.,
Washington. DC 20460, (703) 308-8632,
buzzelLtricia@epaniailepa.gov.
SUPPLEMBfTARY INFORMATION:
Internet Access
An abstract and fact sheet on this rule
are available on the Internet Follow
these instructions to access the
information electronically.
Gopher, gopher.epa.gov
WWW: http://www.epa.gav

-------
63418 Federal Register / Vol. 60, No. 237 / Monday, December 11, 1995 / Rules -and Regulations
Dial-up:'' 19J 558-0335.
From main EPA Gopher menu,
select: £ Jffices and Regions/Office .
of Solid .4e and Emergency Response
(OSWEI-j.' Ctffice of Solid Waste (RCRA)/
Hazardous Waste/Pezmits and
Permitting.
FTP: ftp.epa.gov
Login: anonymous
Password: Your .Internet address
Files are located in /pub/gopher/
OSWRCRA
Preamble Outline
L Statutory Authority
IL Background
A.	Overview of the RQIA Permitting
Program
B.	Shortcoming* of tfie current Piugiam
C How Today's Rule wfll Improve the
D. The Rule: From Proposal to Final
m. Applicability of Today's Rule
IV.	Review of Publk; Comments, Responses,
and Changes from the Proposed Rule
A.	Equitable Public Participation and
Environmental Justice
B.	Pre-Applicatian Meeting and Notice
C.	Notice at Application -Submittal
D.
E.	Trial Bum Notices
V.	State Authority,
A.	Applicability of Today's Rule in
B.	Schedules and Requirements for
VL Permits Improvement Team
VIL Regulates? Assessment Requirements
A.	Executive Order12866
B.	Regulatory Flexibility Act
C.	Papw weak Reduction Act
p. Phfqnded Mandate* Reform Act
F Pwham-twg Hv. Inl.ip ,11.1 lirrvOTt.l
Partnership
L Statutory-Authority
EPA is issuing these regulations under
the authority of sections 2002.3004.
3005 end7004(b) of the Solid Waste
Disposal Act, as amended by the
Resource Conservation and Recovery
Act (RCRA), as amended by the
Hazardous and Solid Waste
Amendments of 1984 (HSWA).
IL Background
A. Overview of the RCRA Permitting
Program
In RCRA, Congress gave EPA the
authority to write regulations, or
"rules," to govern, among other things,
the permitting of hazardous waste
management facilities. EPA is issuing
today's regulations to pnhnnry public
participation in the hazardous waste
facility permitting process.
Under RCRA, EPA is responsible for
regulating the "cradle to grave"
management of hazardous wastes.
Hazardous wastes come in many shapes
and forms. They may be liquids, solids,
or sludges. They may be the by-products
of manufacturing processes* or simply
commercial products—such as
household rl<«infng fluids or battery
acid—that have been discarded. EPA
determines if wastes are hazardous by
judging, mrinwg other things, the
characteristics of the wastes and tliajr
potential to cause harm to human
and the environment when not properly
managed. RCRA regulations identify
hazardous wastes based an their
characteristics and also provide.a list of
specific hazardous.wastes (refer to 40
CFR 261 for more information).' To
manage	waste in an
environmentally sound manner,
companies often need to store it. treat it
(for instance, by burning it or waving it
with «*»hilir««ry tn pmtft Timwn health
and the environment" EPA or ERA*
authorized States implement these
standards "by issuing RCRA.permits to
facilities that treat, store, or dispose of
hazardous wastes. In some •
Hmnnetflnrog existing facilities may
continue to operate without a full RCRA
permit th« "interim status",
provision of RCRA § 3005(e). In RCRA,
Congress gam EPA broad authority to
provide for public participation in the
RCRA permitting process-Section
7004(b) of RCRA requires B*A to
provide for, encourage, and assist public
participation in the development,
revision, implementation, and
enforcement of any regulation,
guideline, liifriimaHon. or .program
under the AcL
Under RCRA section 3006, States may
seek'EPA "iftrn'tntiflB to administer
and enforce the RCRA program in lieu
of EPA. Once a State adopts today's rule
and receives EPA authorization foe the
rule, the State will became the primary
unpleznentor of the rule (see Section V.
below for mare'infonnation). In today's
preamble, we refer to the primary
implementing agency for this rule as
"the permitting agency" or "the
agency." "The Director" refers to the
head of the primary implementing
agency. We refer to EPA as "EPA" or
"the Agency."
B. Shortcomings of the Current Program
Many stakeholders have expressed-the
concem.that the current RCRA
permitting process does not involve the
public at an early stage in the process,
does not provide adequate information,
and does not provide an equitable
opportunity to participate. EPA is
responding to these concerns in today's
rule. In fact, EPA has emphasized the -
need for more public involvement in ell
its activities. The Agency's Hazardous
Waste Minimization »nH
Strategy calls for the development ef
mechanisms to ensure local
communities are fully informed about
the RCRA decision-malting process and
have an opportunity to participate in
that process. Ramimn«»nrfatimic from
the National Performance. Review, the
RCRA Implementation Study. and the
Permits Improvement Team have all
emphasized the need lor expanded
public participation in permitting. A
number of sources outside the Agency
(e.g., environmental groups, and
business trade associations) have also
supported enhanced public
participation.
C. Haw'Today's Rule WHI Improve the
Progiuni
Today's final rule will require a
prospective applicant to hold an
informal publiU: meeting before
submitting an application for a RCRA
permit. Also, the regulations will
require the applicant to advertise the
meeting in the newspaper, through a
broadcast announcement (e^., by radio
or television), and on a sign posted at or
near the property. This meeting will
provide a	for ~*»«» community to
interact with and provide input to a
facility owner or operator before the
owner or operator	a permit
application. The rule also directs the
permitting agency to -mail a notice to
interested people when the facility
submits its application The notice will
tell members of the public where they
the application at m—
time that the agency reviews it.
¦ In some-cases, RCRApwmits can be
the subject of intense debate. When
permits raise a lot of public interest, the
public's demand for inft'¦¦¦»"< i«n
increases. Today's rule will give the
permitting agency the authority to
require a facility owner or operator to
set up an information repository at any
time during the permitting process or
the permit life. We anticipate that
agencies will use this-authority only in
those permitting cases that raise a lot of
public interest, or in other cases where
the public needs more access to
information. The repository will hold all
information aT"^ 
-------
Federal Register / VoL 60, No. 237 / Monday,-December 11, 1995 / Rules and Regulations 63419
facilities that bum hazardous wastes) to
notify the public before they hold a trial
bum.1
EPA anticipates that these regulations
will provide an opportunity for the
public to pqrHripnta earlier in the
permitting process. In addition, the rule
will give the public increased access to
facility nnf^ permitting information.
Finally, we hope that the rule will help
people become involved in the
permitting process and increase
understanding of hazardous waste
management facilities.
D. The Rale: From Proposal to Final
EPA proposed the. RCRA Expanded
PublicParticipatian and Revisions to
-Combustion Permitting Procedures rule
on June 2.1994 (59 FR 28680-28711).
The proposed role contained changes
and additions to the RCRA public
participation regulations (40'CFR 124)
and RCRA Subtitle C permitting
regulations (40 CFR 270).
Today, EPA is financing the public
participation portion of the proposal
(with a imzxiber of changes in response
to rummantg received by the Agency
driving mmnnmt pgrinH fnr th»
proposed rule ceo Section IV below),
which includes changes to both Parts
124 and 270. The Agency is not
finalizing the proposed revisions to
combustion permitting procedures at
thic Hitip
EPA decided to separate the two
portions for a number of reasons. First,
the public comments on tHe proposed
rule were more favorable towardsthe
public participation changes. On the
other~hand, the commenters were less
satisfied with the proposed combustion
permitting changes, particularly those
rlnngw wgpfrfing tfm trial bum. Thn
Agency is currently considering and
¦illuming the commenters' concerns .on
the proposed combustion permitting
changes. In the maritime, EPA sees no
reason to delay the important changes to
the public participation provisions.
Moreover, EPA is committed to
comprehensive emissions '
gtanHarrig fur rnmknrtinn faeiHtfaa
under RCRA and the Clean Air Act The
Agency anticipates issuing a proposed
rule on these standards in the fall of
1995. Due to potential overlap between
the procedures in the emissions
standards proposed rule and the
1 Th»«wnar or opentor of a combutkm unit
moat conduct«tri«Ibom Mp«rt of tba iwiiiilining
process for a eombostionimit. The trial bom Is a
dcmonstxatieti period bald by th^jwnar or opeaior
of a canbutiaii unit to test the onif t-ability to
meet the regulatory perfonnance standards far
uosiinmircfhajaiihws wastes: The |wnnilning
agency osas the molts of the trial bam to iwtshljsh
tn ~>» BTB A pTrnt,
combustion-permitting procedures in
the June 2,1994 proposed.rule,.EPA has
decided to take more time to consider
the permitting provisions in the June 2
proposal. We intend to find the best
poskble solution to coordinate these
two rulemakings.
Finally, EPA realized that the
proposed rule may have caused some
confusion. A few commenters pointed
to the different character of the public
participation changes and the
combustion permitting changes/The
commenters expressed concern over
iwnKiningtWft turn riicrimilnr prw+inma
in the same rule. Moreover, a number of
commenters seemed to be confused over
the applicability of the rule. In
particular,	mmKmriiffl
permitting provisions would apply anly-
to combustion farilitiaq «ni< tlwi
proposed rule was an outgrowth of the
Combustion Strategy, a number of
onnwnenters seemed ranfmed over the
applicability of die public participation
procedures to all RCRA TSDFs.
HL Applicability of Today's Role
Today's rule promulgates changes and
additions to Parts 124. and 270 in the
Code of Federal Regulations (CFR). Tlie
Part 124 changes, which inchidenew
and earlier public involvement steps
and procedures, apply to every facility
that has oris seeking a. RCRA subtitle C
permit to treat, store, or dispose of
hazardous waste, *mWg exempted
under a yyifipi—'* tun The changes to
Part 270, in §$270.2,270.14, and
27030, also apply to every facility. The
changes to §§ 270.62 and 270.66,
however, apply only to mmhnsHon
ferititiiw .
The rule does not require RCRA
facilities that are already involved In the
permitting process to step back in the
process to comply with tae new
requirements. Instead, the rule will
apply to a facility according to what
stage of the process the facility is in
when the rule becomes eBective. For
instance, if a facility has submitted its
part B permit application before the
effective date pf this rule', then the rule-
does not require the facility to hold a
pre-applicatlan meeting tinder § 12431.
This facility would, however, have to
comply with all requirements relating to
steps in the permitting process that it
has not yet undertaken.
TV. Review of Public Cooments,
Responses, and (Tiangrs From the
Proposed Rule
The following (IV. A through E) is a
section-by-section summary of this most
significant inmnmnt« rtrt the proposed
rule, EPA's responses to those .
rnmnmnk miH «n «rrplnn»Hrm nf any
changes from the proposed rule to the
final All of the public	«ni<
EPA's comprehensive response to
comments document on nilemaldng
are available through the RCRA Docket
(see the paragraph entitled ADDRESSES,
above).
Hie most significant changes in
final hile involve our decision to use
guidance, instead of rule language, to
encourage facilities to strive toward
some of the important goals in the
proposed rule. EPA recognized in the
proposal that some of the proposed
regulatory provisions were very general
arid requested comment on how they
could be effectively implemented (see,
e-g., 59 FR28702). In response,
cammenters argued that several portions
nf tfw pmpnawri rpgnfatnry language
were vague and would spawn disputes,
controversy, and litigation. The
cammenters suggested that EPA relocate
some of the proposed regulatory text to
the preamble as guidance,
EPA found these comments
persuasive in f*ar+ainin«t»nr»« The
development of today's rule has, from
the start, involved a balance between
promoting broader, more equitable
JVflKtir p^rHripaliini mhila maintaining
the flexibility far individual permit
WZiterS, facilities, mmmiiniKiK to
adopt the most appropriate, site-specific
ajw iii nrh- mmrithmt witli tVvo jiriwrijW
of falirimii iiinimirmi Smna nf tlia
principles underling the proposed and
final rules are inharimtly mffiimlt to
prescribe through regulation. For
example, it is possible to require an
applicant to a meeting; it is mn^Vi
mCYTQ rViffji-nH tn rftpiiro thmaigh
regulation that the meeting be
mhiinfhM< fn an nqililaKln f»gliinn| arnica
the steps required to accomplish this
elective will necessarily vary from
urtiintirm to aitiiatinn AMimigh tha final
rule retains most of the proposed
regulatory r-hanga*, EPA concluded that,
in	huhinrfy, rtw nafH tO
maintain flexibility is inconsistent with
a national regulatory , approach. In these
instances, as explained more fully in the
sections below, EPA has decided to
proceed by using guidance, rather than
regulations, to encourage facilities to
adopt and strive towards a number of
the goals in the proposed rule. The
Agency will provide some guidance in
today's preamble; however, we also
anticipate releasing a gnidanre
rinrnirwnt, in die near fixture, to help
permitting agencies and	to
implement today's rule.
The Agency believes that facility
owners, State environmental agencies;
tribes, and private citizens are often in
the best position to determine what
Tnrv<«e Qf rmmTfnmtftitinw and

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63420 Tederal Register / Vol. 60, -No. 237 I Monday, December 11, 1995 / Rules and Regulations
participation wiH work best in their
communities. The final rule provides
the flexibility necessary to find the best
local solutions to ensure.equal
opportunities for all members of the
community.
A. Equitable Public Participation and
Environmental Justice.
Proposed § 124.30 and Preamble. In
section 124L30 of the proposed role,
entitled "Equitable Public
Participation," EPA proposed to require
facilities and permitting agencies to
"make all reasonable efforts" to ensure
equal opportunity for the public to
participate in the permitting process.
The proposed rule language defined
"reasonable efforts" as including the use
of multilingual	and
interpreters at meetings and bearings,
when the "affected community
¦a significant non-Englishspealdng
population."
In the preamble to the proposed role
(see 59 FR 28686), EPA solicited
comments an several key environmental
justice issues for the RCRA permitting
program: (1) The siting of hazardous
waste facilities; (2) the manner in which
EPA should respond when confronted
with a challenge to aRCRA permit
based on «i»»<'nnm«nt«l justice issues;
(3) environmental justice mnnarns in
conective action cleanups; and (4) bow
EPA prograzns can take account of
"cumulative risk" and "cumulative
effects" associated with thesiting of a
>tn«n>T^rrp< wyihi	farility
The Agency noted that, while it did not
expect to address these issues in this
rulemaking, public input .on these topics
would be helpful.
Synopsis o? Major Comments on
§ 12430 and Preamble. The major
comments on this*section of the
proposal involved definitions
Cnmmenters asked the Agency to define
manyof the terms in § 124-30, including
"all reasonable efforts," "significant."
"nan-English speaking" and "affected
community." The cammenters were
conoenied about the disputes,
controversy,- and litigation that could
arise from these undefined terms. Other
commenters mppoited the concept of
equitable public participation,
particularly as an approach to
addressing asy environmental justice
mnrerm* thr. might be present-
The Agency, received a number of
mmmawf	jmhBf
partidpatian as an effective approach to
addressing environmental justice issues.
Cammentsrs stated that additional
opportunities far public involvement
and access to information will increase
the probability that all crnnnumities will
have input into the permitting process.'
and should strengthen involvement of
those who have felt disenfranchised
from pracei-i. Sonii' mmmontw:
urged EPA to avoid a ane-size-fits-«ll
approach and allow flexibility for State,
local, and facility leadership to-make
suitable determinations about how to
address environmental justice issues.
EPA's Response to Cammenters. EPA
is committed to the principles of
equitable public participation and equal
treatment of all people under our
environmental statutes and regulations.
The regulatory changes we are "i«lring
today will enhance the RCRA public
participation process for all citizens. We
urge all permitting agencies, permit
holders, and applicants, to make all
reasonable efforts to provide equal
access to information and participation
in the RCRA permitting process.
While we continue to promote
equitable public partidpatian, we have
decided to address the objectives of
§ 124.30 in guidance rather than through
regulatory language. In response to the
concerns expressed by many
mrnin«nt«w arc not inyliiHiTig
§ 124.30 in the final rule. The Agency
agrees with the oommenters who
expressed concern that the language in
rti* proposal was	making
compliance with the requirements
ttiffif-nh to evaluate and enforce, and
could ngnytH'w disputes, and litigation
without advancing the objectives of
today's rulemaking.
As we noted earlier. EPA-cautirmes to
support the principles-embodied in
§ 124.30 of the-proposed rule. We
encourage
facilities to follow the spirit of that
«wl nm «)l reasonable niftiiw to
ensure that all segments of the
population have an equal opportunity to
participate in the pyrmlttingprocess-.
and have equal-access to in formation in
process. Tf"*** may include,
but are not limited to, multilingual
notices and faptsheets, as well as.
nra, Itt ctpm	afhrtari
community	sigoificsnt-
numbers of people who do not speak
English as a firjt language.
In heu of a regulation, the Agency
will take additional steps to encourage.
equitable public partidpatian in RCRA
permitting. In the near future, EPA will
issue further guidance to assist facilities,
permitting agencies, and communities
in implementing-the expanded public
partidpation requirements in today's
rule. In tbis guidance document, "EPA
plans to discuss additional options for
increasing public partidpation by going
beyond the regulatory requirements,
llie guidance document will address, in
more detail, the approaches to equitable
public partidpation that we are
emphasizing in preamble.
EPA believes that this rule presents
significant opportunities to be
responsive to environmental justice
concerns in the context of public
involvement.' Prior to the promulgation
of today's rule, the permitting process
did not formally involve the public until
the permitting agency issued a draft
pennit or an intent to-deny a permit.. In
many cases, communities around RCRA
facilities felt that the .draft permit stage
was too late to enter the process, that,
the facility and the permitting agency
had already made all the major
derisions by that point, and any
comments the public offered would
have no real effect.
opportunity for	to became
involved in environmental decision-
making is a contributing factor to
environmental justice concerns. The
provisions in today's rule will address
many Of these r/mrpm« liypvpanHi^g
public partidpatian and access to
permitting infnrmatinn
EPA continues to see public
partidpatian as an important activity
that empowers communities to become
actively involved in local waste
management activities. Hie Agency
believes that this rulemaking is an
important step in empowering all.
communities,	communities of
color and low-income communities.
EPA agrees with the. cammenters who
stated that the ejqianded public,
partidpation requirements in today's
rule will be useful tools far addressing
environmental justice concerns Today's
rule provides all communities with a
greater voice in decision	and a
stranger opportunity to influence permit
decisions early in the process. EPA also
agrees with the cammenters who stated
that environmental justice issues should
be addressed at a local level and an a
site-specific basis. Local, agencies and
leaders'have an important role to play
inaddressing	justice
OODO01OS> States and EPARegional
offices aretheprindpal implementors
have been directed to develop.
mechanisms that respond effectively to
omrtmmTMTital justice concerns during
permitting activities (RCRA
Implementation Plan (RIP), 1995)1 ba the
RIP, EPA asked RCRA implementing
agendes to continue-their commitment'
to seek opportunities to address patterns
of disproportionately high and adverse
jmHwnnnwital «fii«rt« «r»rf human health
Imjurtc mi lnw-inrrrmtt fnrnmnrilti»c
and communities of color that may
result from hazardous waste
management activities. The States and
Regions have been involved in

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Federal Register / Vol. 60, No. 237 / Monday, December 11, 1995 / Rules and Regulations 63421
environmental Justice pilot projects,
which have included, among other
activities, increasing public
involvement by tailoring outreach
activities to affected communities.
EPA and its Office of Solid Waste and
Emergency Response (OSWER) also
T»m«vn-ramTnitt«>d to addressing
environmental justice concerns beyond
those related to public participation.
The preamble to the proposed rule (see
59 FR 28686) discussed OSWER's
environmental justice efforts. Elliott P.
Laws, OSWER	Admiwigtmtrw
fanned the OSWER JEnvironmenlal
Justice Tad: Force ("EJ Task Force") to
begin addressing many of these issues.
EP»A released the "OSWER
Environmental Justice Task Force Draft
Final Report" (OSWER 9200.3-16 Draft)
and its separate executive summary
(OSWER 92003-16—1 Draft) on April
25,1994. Since that time, the EPA
Regional offices and the OSWER
piugiam offices have been
iiwplmiontiwg wrnnimmdatinn<
outlined is the EJ Task Force's draft
final report The report was distributed
to the National Environmental Justice
Advisory Council (NEJAC) for comment
In June 1995, after careful consideration
of all mmments. EPA released the
"OSWER Environmental Justice Action
Agenda." The Action Agenda provides
a concise summary of OSWER's current
strategy and describes the
implementation process for ensuring
that major issues, identified by the
NEJAC and others, continue to be
recognized and addressed. A full report
on implementation progress and
accomplishments, entitled "Waste
Programs Environmental Justice
Accomplishments Report," was released
concurrently with the Action Agenda.
All of these documents are "living
documents" and, as such, are a part of
the process of continuously addressing
wmimnmiitfll justice concerns. This
process represents OSWER's
commitment to adhere to the principles
ofExecutive Order 12898, in which the
President directed federal agencies to
identify and address the environmental
concerns and issues of minority and
low-income communities. Furthermore,
in an effort to make environmental
justice an integral part of the way we do
business, the Agency issued a policy
directive, in September 1994 (OSWER
9200.3-17), that requires all future
OSWER policy and guidance documents
tO	ornrimrmnwital justice
issues.
During the public comment period an
the proposed rule, EPA received.a large
number of comments on preliminary
wmmmimilatiwK ttiaf the EJ Task Force
had developed regarding several other
(Le., beyond today's public involvement
rule) key environmental justice.issnes
facing the RCRA permitting program.
The comments .ranged from general
observations to more detailed
suggestions, particularly with regard to
siting criteria, cumulative risk
assessments, and the need to base,
decisions on sound science.
We are HinmnniTiiitrng ryrmmantu
that deal with these environmental
justice issues in the following manner
(1) We are forwarding the comments on
RCRA facility siting to the.Office of
Solid Waste's (OSW) RCRA Siting
Workgroup and to-the NEJACs Waste
and Facility Siting.Subcommittee's
Siting Workgroup; (21 we are forwarding
the comments on issues ¦niM'.iii»g RCRA
oarrwctiue action to the RCRA Subpart S
Workgroup, which is developing a rule
to establish corrective action
requirements far releases of hazardous
wastes or hazardous waste constituents
tO any tt1 wiwHiirmj
including ground water, from anysolid
vbi«>» rmmagormmt-nnt^
regulated units; (3) we are sharing the
i nm u«M lie on emulative multiple
exposure, and synergistic effects with
the EPA Science Pokey Council, the
group actively working to address these
issues; and (4) the comments on how
EPA should respond to RCRA permit
challenges-based on environmental
JustioB issues-are being addressed by
OSWER "with assistance from the Office-
of General	V Office at Civil
Rights, and any other appropriate party.
EPA also received several
that did not approve of the Agency's
decision to	snd solicit
on the maretechnical
environmental justice issues in the
context of a RCRA public invobrement
rule. Many cammenters argued that
these issues are broad,£arrreaching, and
impart | mm4i ljujjm f«iii«Hlinn»iji tfrni
tfoo IiiUiiJwI	fa?
parHHjftinm i-nltrmaViTtg
EPA acknowledges the breadth of
these issues. The preamble to the
proposed rule iias not been the only
forum far discussing thnseissnes. As we
discussed above, EPA has received and
mnilildpift orinwywntc.frrim nrM-tti mil
et»l»Vml/3«rrc ftwhwting Rtntnc rtia
NEJAC,enviianmental groups,
environmental justice groups, and
regulated industries in developing the
"OSWER Environmental Justice Action
Agenda." Furthermore, since the Action
Agenda is a living riocrmrmnt, OSWER
will continue to seek external
comments, suggestions and experiences
as we strive to ensure environmental
justice in all our programs.
B. Pre-Application Meeting and Notice
1. Applicability (Proposed
§ 124.31(d)). EPA proposed to exempt
•permit-modifications, permit renewals,
and permit applications submitted for
the sole purpose of conducting post-
closure activities from the requirements
in § 124L31.
Synopsis Of Major f-nrrrmtmta an
§ 124.31(d). A iwimhf of canunenters
stated that the rule require
facilities seeking permit renewals to
hold a pie-application meeting. Other
commeniers	
cases.. At the same time, the regulated-
community will hero the assurance that
hrflttiM undergoing im'nhr.rfimgoc Will
be spared unnecessary administrative
harden.
EPA will continue (he.exemption for
hriliti«rtii«t submit permits for the
purpose of conducting post-closure
activities. As we stated in the proposed
rule,-the goals of thepre^application
meeting (e.g., establishing an earfy
dialogue between the facility and the
public) do not apply at most post-
closure facilities. EPA's experience is
~h«t thepublic usually
concerned with permit decisions
relating to active hazardous waster
management operations, as opposed to
fjortdnwi relating tO	faHHtiftft In
addition, most post-closure activities are
mandatory (e.g., mafnt«ma^r«. of a
closed unit) and involve fewer
ifrxTw+inmirry jiirfgmgwfg ~Kht> »rc
involved in issuing an operating permit
The existing public participation

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63422 Federal Register / Vol, 60; No. 237 / Monday, December 11, 1995 / Rules and Regulations
requirements in Part 124 (e.g., the notioe
and comment period at this draft permit
stage) wiii continue to apply. Since
closure aid post-closure clans are
includec iz: the permit application, and
became part of the permit, they will be
available far public review and
comment along with the application and
the draft permit. Any changes to these
plans after permit issuance will follow
the modification procedures in § 270.42;
which also have public notioe
requirements. We thiTilr that the «wrig*ing
process provides sufficient public
involvement in post-closurepermitting.
While we are retaining exemption
for post-closure permit applications In
the final rule, we have tried to.clarify
our intent in the applicability
requirements. Specifically, we have
clarified that the exemption applies to
facilities seeking.permits solely to
conduct post-closure activities, as well
as to facilities seeking permits to
conduct post-closure activities along
with corrective action. Our intent in the
proposal, which remains ourintent-in
the final rule, was to distinguish post-
closure facilities from facilities with
operating units. However, someone
could have read the proposed rule as
ciot providing an exemption for post-
dosure farilftioc with remaining
corrective action obligations (which
post-closure facilities often have).
Because the rationale for exempting
post-closure activities applies whether
ir not the facility is also performing
corrective action.~EPA has added
language to §§ 124.31(a) and 124.33(a) to
darify our intent
2. Meeting Requirements (Proposed
§ 124.31(aH(b)). In these two
saragraphs, EPA proposed to require the
jermit applicant to hold at least one
neeting with the public before
aibmitting the part B permit
lpplication. The proposed rule listed
opics that the applicant must cover and
equired the applicant to submit a
ecord of the meeting and a list of
ittendees.
Synopsis of the Major OiuniwiiHa an
i i24.31(aHb). The oommentacs
;enerally expressed support for the pre-
tpplication meeting.-Few commenters
ipposed EPA's proposal to have a
nacting early in the process, though
nany suggested changes to the proposed
ule itself.
Several commenters thought that the
> re-application stage is too early for a
mblic meeting. Some commenters
tated that	the applicant nor the
gency could provide the public with
ccurate and complete information
bout the facility at such an early stage.
Moreover, they noted, the application
ould change dramatically between the
pie-application tn««»Ht»g apnlicatian
submittal..
Some commer.:rrs asked EF to
clarify the recoru-xeeping rec _ cements
in the final rule. A ™i«nW 0f
oommwiters opposed die requirement,
with some	opposing-the
term "record" because it would qualify
the meeting summary as an ^fficiaT
document and make it subject to
litigation. Other commenters opposed
the rule's requirement that the applicant
submit the record as a cnnipmifmt of the
part B permit applicatian.
Concerning whether the permitting
agency-should conduct, or-even-attend,
the meeting, the comments varied. Some
cnmTTipmtera supported agency
attendance because the agency would
provide the meeting with credibility and
a source of accurate information. .Other
mmrnnhw< HKpi'OHIWHi	~Kat
agency attendance would interfere with
thii "open ""I fafcwnti dialogue"
between the fatality owner and the
public.
Finally, many commenters supported
alternatives to the pre-opplicaljxm
meeting. Numerous rrmunmtwrs backed
thiiifU«nfrrmnhli><«g|«ii »ppUr«Him
meetings with the siting meetings that
many States already require. A lew
commenters noted that EPA should
allow such a combination only when
*h» State th—H ng,fulfill* all rtw
requirwnimta of the pre^applicatian
meeting. Another group of commenters
supported other options, such as using
jm fntwifJivSiilmft fimn fa plana of
meeting or holding the meeting-after
application mHiwittai
fcPA'a Response to rninmwiltw
Section 124.31(b) of the final role
requires the facility to hold a meeting
prior to submitting die part B permit
application; however, the rule language
no longer lists specific topics that the
facility must cover in the meeting,
requiringinstead that the facility solicit
questions from the community and
inform the community about proposed
hazardous waste management activities.
After the meeting, the facility must
prepare a "summary" of the meeting
and submit it as a component of the part
B permit application. The agency
«Wrmi<4 Hi Judgement in
whether to attend the meeting.
EPA disagrees with the cammenten
who stated that the pre-applica£ian stage
is too early to hold a meeting with the
public. The most important goal we
nope to achieve from the pre-
application meeting requirement is the
opening of a dialogue between the
permit applicant and the community.
We believe that the applicant should
open this dialogue at the beginning of
the process. The meeting will give the
public direct input to facility owners or
operators; at the same time, facility
owners or operators can gain an
understanding of public expectations
and attempt to address public rancm-pc
in their permit applications (see the
discussion two paragraphs befow). We
hope that this requirement wjll help
address the public concern that public
involvement occurs too late in the
RCRA permitting process. Although the
Agency agrees with the commenters that
thw wriy timing nf tlin mooting may
prevent the agency and the applicant
from having complete information, we
believe that the benefits of early public
involvement and early access to
information outweigh the drawbacks of
iiHYimpMn -infrirmaHjin
.in any case, EPA does not intend for
the pre-application mwaH^g to be a
tnrmw few gyarwiwitig t«r>inira1 aaportg
of the permit application in extensive
tWaO--cnrVi hwVni«| «rygmfnn»ir«n ie
more suited to thedraft permit stage.
Instead* the pre^appiirattion meeting
should provide an open," flexible, and
informal occasion for the applicant and
the public to discuss various aspects of
aliazardous waste management
facility's operations. Weanticipate that
the applicant and the ptiblic will share
ideas, educate each outer, and start
building the framework for a solid
working-relationship. Of course, the
public retains the opportunity to submit
EPA has also revised the pro-
application meeting requirements in the
mial nile TnalrA ~>i«m mow
straightforward and more flexible than
the requirements in the proposed rule.
The Agency is trying to provide
flexibility in the waythat permit
applicants h"H pnmjiplirnrinn
meetings. To this end, we have removed
the list of required discussion topics,
proposed in § 124^1(a). In addition, we
have removed hum the rule provision*
that the commenters considered vague,
tarliiiliiigtli* requirement
applicant Awu'ril at fh« facility "in
aiffiriwit >i«taii to allow the community
to understand the nature of the
operations to be conducted at the
facility and the implications for human
IwaUh an/4 tha mriwniiwnt " We agree
with commenters that such a
requirement would be difficult to
implement and enforce.
while we have removed such
requirements from ^n||i nile,.we
expect permit applicants to follow the
spirit of the proposed requirements. For
instance, we encourage permit
applicants to address, at die level of
that is practical at the time of the
meeting, the topics we identified in
§ 124^1(a) of the proposed rule: the

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Federal ttggfotgr / Vol. 60, No. 237 / -Monday, December 11, 1995 / Rules and Regulations 63423
type of facility, the location, the general
processes involved, the types of wastes
generated and managed, and
implementation of waste minimization
ana pollution control measures. The
djffniccinng may also include such
topics as the transportation routes to be
used by waste transporters and planned
procedures and equipment far
preventing or responding to accidents or
releases. These are examples of the
types of issues that might be of
particular concern to a community and
about which the community might be
able to provide useful suggestions to the
applicant. The applicant might be
able to incorporate that information into
the proposed facility design or
operations,-either as part of the initial
application, if time allows, or at
subsequent stages in the process (e.g., in
submitting revisions to its application,
or in responding to a Notice of
Deficiency issued by the permitting
agency). By learning about and
addressing public concerns up front, the
applicant may be able to prevent
misunderstanding bam escalating into
community opposition.
Moreover, the applicant should make
a good faith effort to provide the public
with sufficient information about the
.proposed facility operations. While we
do not expect applicants to go into
extensive detail at the pre-application
stage, they should provide the public
with enough information to understand
the facility operations and the potential
« tVint
may be relevant to agency permitting
linriiimn in addition. ™ meeting
attendee list will help generate a
TnaiVmg list of interested citizens. (The
permitting agency is responsible for
developing a representative	list
for public notices under § 124:10). The
list of attendees from the pre-
application meeting will assist the
m (ogMiiwtinm tO iwVnA» ftp j
TnnfUTig hst so that it represents
everyone who demonstrates an interest
in the facility and the permit process. It
has been EPA's <
lists often are not fuHy developed i
the	agency issues the draft
permit for.public comment, Since EPA
seeks to increase public participation
earlier in the process, generation of a
mailing list should precede audi
activities. A mailfng list developed
pursuant to $ 124.10 could also be
available to enhance public
participation in other Agency or
community-based initiatives.
tiiwfag of thfi	is
flexible in the final rule. He Agency
believes that flexibility is necessary
because njiHm»l-HiniTij for tho
meeting will vary depending ana
Twmhor of factors, frnrhiding the nature
of the facility fhw public's
familiarity with the proposed project
and its owner/operator.
In today's rule, we require the facility
to conduct the pre-application meeting.
We believe that the applicant should
conduct the meeting in an effort to
establish a dialogue with the
community. We encourage permitting
agencies to attend pre-application
meetings, in appropriate circumstances,
but the agency-should not run the pre-
application meeting. Although agency
attendance may, at times, be useful in
gaining a better understanding of public
perceptions and issues for a particular
facility, it may undercut some of the
main purposes of the meeting, such as
opening a dialogue between the facility
and the community, and clarifying for
the public the role of the applicant in
the permitting process.
In the proposed rule, EPA solicited
comments (see 59 FR 28702) on the -
option of allowing a State siting meeting
to substitute for the pre-application
meeting. EPA is not farlinWtig tVi<«
option in the final rule ..because doing
so would defeat some of the purposes of
the pre-application meeting (e.g.,
establishing an open dialogue on a range
of RCRA permitting issues that may
differ from siting issues). Some
commenters suggested that siting
meetings ^ pre-application meetings
be rnmhinwd. There is nothing in
today's rule to preclude States and
permit applicants from working together
to combine these meetings. EPA
encourages them to do so, provided that
the combined meetings fulfill the pre-
application meeting requirements in
today's rule..
3. Notice of the Pre-Application
Meeting (§ 124.31(c)). Paragraph (c) of
proposed § 124.31 required the facility
to give notice of the pre-application
meeting at least 30 days prior to the
meeting "in a manner that is likely to
reach all affected members of the
community." EPA proposed to require
the facility to give the notice in three
ways: as a display advertisement in a
newspaper of general circulation; as a
rl^arVy-mirrV-jtri irign m facility
property; and as a radio broadcast Each
Of notices had to frnrhida flip date,
time and location of the meeting, a brief
description of the purpose, a brief
description of the facility, and a
statement asking people who need
special access to notify the applicant in
advance.
Synopsis of the Major Comments on
§ 124.31(c). Most com mentors expressed
general support for the expanded notice
•requirements, but questioned specific
aspects of the proposal The
cammenters also asked for flexibility in
choosing the types of notice that would
best reach different communities.
The newspaper advertisement
requirement brought up the most
i*»iti*r»«wr»y. Sum* rrmnrmmtarg
challenged as vague the provision that
the facility publish the notice in the
local paper and also in papers of
nrijflomt counties.
A number of commenters pointed out
problems with requiring a large sign at
the facility. Some commenters
mentioned that nobody would pass near
enough to some rural facilities to see the

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-63424 Federal Register / Vol. 60, No. 237 / Monday, December 11, 1995 / Rules and Regulations
sign. Other commenters reminded EPA
that ffiiTna communities have ordinances
that ban large signs. The cxnmnenters
urged that the rule be more flexible and
allow applicants to place signs at nearby
intersections or. on town bulletin boards.
Other coTTvrn enters recommended that
the agency approve the sign or grant
waivers where communities ban signs.
The commeatars did nofexpress
many objections trrthe radio
requirement, but asked for overall
flexibility in the notice requirements.
EPA's Response to Commenters. In
response to these comments, EPA has
enhanced the flexibility of the final rule.
Instead of requiring the applicant to
provide three specific typesof public
notice, as in the proposed Tule, the final
rule specifies only one type of notice
(i.e., the display advertisement). The
other notices must fall within broader
categories—-y the reader. In addition to the display
d. we also encourage facilities to place
advertisements in free newspapers and
community bulletins.
In seme cases, potential interest in the
facility may extend beyond the host
community. Under these circumstances,
we encourage the applicant either to.
publish the display ad 6o that it reaches
neighboring communities or to place -
additional ads in the newspapers of
those oomimmitifs.
•	The visible and accessible sign. The
final rule requires the applicant to post
the notice on a clearly-marked sign at or
near the facility. If the applicant places
the sign on the facility property, then
the sign must be large enough to be
readable from the nearest point where
the public would pass, on foot or by
vehicle, by-the site. The' Agency
anticipates that the signs will be
in size to ranlng notice .signs required
by local zoning boards. If a on the
facility grounds is not practical or
useful—for instance, if the facility is in
a remote area—then the applicant
should choose a suitable alternative,
such as placing the sigh at a nearby
point of significant vehicular or
pedestrian traffic. In the case that local
zoning restrictions prohibit the use of
such a sign in the immediate vicinity of
the facility, the facility ahould pursue
other available options, such as pladng
notices on a community bulletin board
or a sign at the town hall or community
center. EPA intends the requirement
that the sign be posted "at or near" the
facility to m. interpreted flexibly, in
view of local circumstances and our
intent to inform the public about the
meeting. In addition to the requirements
of § 124*31, we encourage the applicant
to place additional signs in nearby
commercial, residential, or downtown
areas.
•	The broadcast media
announcement The final rule, requires
the applicant to broadcast the notice at
least once on at least one local radio or
television station. EPA expects that the
applicant will-broadcast the notice at a
time and oh a station that will
effectively disseminate the notice, llie
applicant may employ another medium
with prior approval of the Director. We
encourage the applicant to consult the
preamble to. the proposed rule (59 FR
28690) wwi!pm«wi<«Hnn. qq
choosing the best circumstances far the
broadcast announcement
EPA will soon issue a guidance
document to assist facilities and
agencies in	frpm/iwi
public participation requirements. The
document will include more
detailed discussions on the approaches
to broad and equitable public notice that
we are emphairirlng in today's
preamble.
C. Notice at Application Submittal
(§124-32)
1.	Applicability (Proposed
§ 124.32(c)). The proposed rule required
tiie permitting agency, to send a notice
to the facility matting ]ist upon receipt
of a permit application. EPA proposed
that the rule apply to all new ana
igterim status facilities, but not to
permit modifications or applications
submitted for the sole purpose of
conducting post-closure activities.
Synopsis of Major Comments on
Proposed § 12432(c). The commenters
generally supported this provision of
the proposed rule. A few commenters
recommended that EPA apply the
provision to modifications, post-closure
permits, and interim status facilities.
EPA's Response-to Commenters. The
final rule retains the applicability
standards of the proposed rule. We
continue to believe that the notice at
application submittal is an effective
means to let the community know that
the permitting agency has received a
permit application. The notice allows
members of the community to keep
track of new or existing facilities and to
review, concurrently With the
permitting agency/the permit'
application, which will be available far
review at a location specified by the
permitting agency (either in-the vidnity
of the facility or at the permitting
agency's office). We suggest.that the
permitting agency consult the public
when ftiwwlflg a mlhitiU	to
place the application materials for
public review.
The notice requirement does not
apply to permit modifications or permit
applications submitted for the sole
purpose of conducting poet-closure
activities or post-closure activities and
corrective action at a facility. The
permit modification requirements in
§ 270.42 already include provisions far
providing public notice of modification
requests. We explain the exemption for
post-closure activities in section B.l.
above.
2.	Responsibility and Timing
(Proposed § 124.32(a) and (b)). The
proposed rule directed the permitting
agency to give the notice "within a
reasonable period of time after the
application is received by the Director."
Tne proposed rule also listed the
injonnation must go in the notice.
Synopsis of Major Comments on
Proposed § 124.32(a) and (b). Many of.
commenters provided suggestions
on who should be responsible for the
notice at application submittalThe
majority of these commenters supported
EPA's proposal, agreeing that.the
Director should issue the notice. A few
commentaxs expressed concern over the

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Federal Register I Vol. 60, No. 237 / Monday, December 11, 1995 / Rules and Regulations 63425
th0 notice. They suggested that
EPA rewrite the rule to require the
Director to issue the notice within 30
days of application submittal.
EPA's Response to Commenters.
These provisions have not changed from
the proposed rule to the final rule. EPA
maintains its position the
permitting agency should be responsible
for providing the public notice at
application submittal. Providing the
notice will demonstrate clearly that the
permitting agency's role in the process
has begun.
We anticipate that the permitting
agencies, will issue timely notices and,
thus, we have decided not to prescribe
a time frame for agency immune of the
notice at permit application.
D. Information Repository
1. AppIicahjlity/Use/RespansihiHty
(Proposed S§ 12433(a) and 27030(m)).
EPA proposed to give the Director the
authority to require the facility to
tnWitli and maintain «n -infill maHnm
repository during the permitting process
(§ 124.33(a)) or during the life of a
permit (§ 270.30(m)). The purpose of the
repository, as proposed, was to make
information available to the public
during the permit issuance process and
during the life of a
Synopsis of Comments on Proposed
§§ 124L33(a}and 270.30(m). A
of the comments asked EPA far
exemptions from the repository
"requirament/'especially for bailers
and industrial furnaces (BIFs) and
tVint xnust drrrilar
under other rules. Many
commenters.askBd for flexibility,
suggesting that EPA allow the Director
to decide when to require a repository
Swim wmnwrntiiw mggaatart m«t th«
Director use this authority only in cases
where the community shows true need
or public interest when the facility is
high. Making a contrary point & group
of cammenters argued that the
repository should be mandatory for all
facilities. Another group of
insisted that the permitting agency
should be responsible far the repository,
or at least split the responsibility with
the facility.
EPA's Response to Commenters. In
the final rule, EPA has rewritten
§§ 12433(a) and 270.30(m) to better
reflect our original intent-in proposing
the information repository requirement
Our intent was for permitting agencies
to use the information repository
requirement sparingly. We anticipate
that the Director wUl require such a
repository only in special cases where a
significant amount of public concern
has surfaced or where the community
hat rmitpift information- ndwie.
Many commenters suggested
exemptions from the ''information
repository requirement." However, the
information repository is not a
requirement that applies to a pre-
determined group of facilities. Instead,
the information repository is a public
involvement tool that today's rule
makes available to permitting agencies
for use an acase-by-case basis.
Accordingly, there is no need for
exemptions from §§ 12433 or
270.30(m).
.Same of the confusion over this
section may be the result of the language
in the proposed rule. We have reworded
§§ 12433 and 27030(m)in the final rule
to make clear that the Director shall
assess a variety of factors^ including the
status of existing repositories and the
community's proximity to a cgpy of the
.administrative record, when considering
whether or not to require a repository at
any facility. So, for instance, if the
Director determines that public interest
warrants a. repository at hypothetical
Facility X, but finds that a BIF
repository already existing at the facility
is responsive to the public interest, then
the Director may determine that the
facility has no need for a repository
under §§ 12433 or 270.30(m). Or, if the
ng repository does not completely
satisfy the need that the Director
identified, then the Director may specify
additinwai steps that the facility must
take to make the repository meet the
public need. At Facility X. for instance,
the Director may require the facility to
make available more information an the
general permitting standards, or on the
permit application and technical
standards far the other units on site,
aside from the BIF unit The facility
tfum mAA >M« information to the
existing repository if the repository
meets the requirements of §§ 124.3 J or
27030(m).
2. Contents [Proposed $ 12433(b) and
(a)). The proposed rule language
required the repository to contain all
"documents, reports, data, and other
information deemed sufficient by t£ce
Director for public understanding," as
well as information an public
involvement activities and how to get
on 'h" facility mailing list.
Synopsis of the Major Comments an
Proposed § 124.33(b) and (e). A number
of commenters recommended specific
documents and types of documents
(e.g., the permit application, all relevant
fact sheets) that EPA should require in
the information repository provisinm
Same commenters *"
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63426 Federal Register / Vol. 60, No. 237 / Monday, December 11, 1995 / Rules and Regulations
equitable public participation and.
access to information, to involve the
public when suggesting a location far
the repository. The Director has the
discretion tosthoose a more suitable
location if he-or she finds that the one
chosen by the facility is unsuitable
based on access, location, hours of
availability, or other relevant jmtBria.
The Director should exercise this
authority sparingly; we are anticipating
that, in the great majority of cases, the
facility will choose a suitable location.
EPA encourages facilities to establish
repositories off-site (Le., within the
community where the facility is located)
whenever an off-site repository is
feasible and would be more readily
accessible to the public. Today's rule
does not, however, preclude die use of
on-site repositories.
4. Timing and Duration (Proposed
§ 124J3(f)). The proposed rule required
»ha facility to maintain up/into thf
repository far a time period/determined
by the Director. The proposal also stated
that the Director, could require the
repository at any time during 4he
application process far a RCRA permit
or during the active life of a facility. ..
Synopsis of the Major Comments ad
Proposed <§ 124.33(f). Thecammenlers
oihmmiwi a gariaty nf Pnrrmi«nH.
i inii mi iihig t>ro timing imH rfimrtirvn g(
the repository. Same commenters
tb might tW pawnWing uganrif niwij
flexibility in applying the repository
requirement. .Others thought EPA
should require the repository to open
and chose at specific points during the
permitting process; One group of
mmTTwntwr* ingjgtpH that EPA inrfnda a
provision in the; rule-to allow far
automatic closure ofthe repository once
the permit is issued, denied. or
appealed.
EPA's Response to Commenters. In
the final rule, EPA clarifies its intent
that the Director have the discretion to
apply the repository requirement at any
tima durins-the DennittincDrocess or
the life ef a facility. Given uurtitis
within the Director's discretion whether
to establish a repository at all, we
believe that .it would be inappropriate to
prescribe specific timing and duration
requirements that are triggered by the
creation of a repository, rather, the
Director should decide on questions of
timing fnX duration on a case-by-case
hacic The	rule TiHrmpg t>lB
proposed rule's provision that the
Director detenoine the duration of the
repository. The final rule provides that
the Director can close the repository,
based on the iwne standards (found in
paragraph (a)) that the Director uses
when assessing the need for a
repository.
E. Trial Bum Notices
1. Notice of-the Trial Bur far
Permitted Combustion FacL ies
(Proposed §§ 270.62(b)(6) at J
270.66(d)(3)). Permits for new
hazardous waste combustion facilities
must include a plan, approved by the
permitting agency as part of die permit,
that describes how the facility vrill
conduct the trial burn. However,
because construction of a hew facility
may take a considerable period of time,
the trial bum itself might not falwplace
until several years after permit issuance.
Tlie proposed rule required the
permitting agency to give public notice
of the impending trial bum for
permitted.incinraatars and BIFs. Under
the proposed rule, the permitting agency
would send a notice, to the facility
mailing list and appropriate units of
State and local governments announcing
the scheduled coirnnennrmwit and
completion dates for the trial bum. The
noticewould also provide the public
with contact information at the
location where in embers .of the public
could review the approved trialbum
plan. The proposal required the
permitting agency to mail the notice
within a reasonable time period prior to
the trial bum.
Synopsis of the Major Comments on
Proposed.S§ 270.62(b)(6) and
270.66(d)(3). We received both positive
and negative comments on the proposed
notice of trial bum for permitted
combustion facilities ..The supporters
noted the importance of informing the
public of the antidpatedtime period for
tlia bum, because a
rigniBrmt mmrnmt nf tTTTw iiny ilajw
between issuing the permit and
wmAirtiiw th» trial BUm..
Those mto
opposed the trialbum
what benefit wouldaoa
notice asked what benefit would accrue
from public notice of an impending,
scheduled trial bum far a new '
(permitted) facility. One cammenter
asked EPA to discuss the purpose for
requiring this notice from a new facility,
considering that the schedule is set out
in the permit and the trial bum plan is
already open for-pubhc comment as part
ofthe draft permit Some commenters
thought ~hat tho other permitting events
already provide sufficient opportunity
far jmMiff fYimmpnt Other
opposed the requirement that the
permitting agawry give the trial bum
notice,	that delays would
ensue when the agency could not
publish tfa* notice an time.
•EPA's Response to Commenters. EPA
Vina decided to	the trial bum
notice provisions for permitted facilities
as proposed. The Agency agrees with
the commenters who noted, the
importance of keeping the community
up to date on permitting activities at the
facility. Several years may pass between
the approval of the trial bum plan and
the actual date of the trial hum. During
the intervening time, the public may not
necessarily remain up to data on
activities at the facility. The trial bum
is a significant step in the process of a
combustar moving toward full
operation; experience has shown that
the public is often interested in knowing
when the bum will occur so that-
dtizens can review the trial bum
results. Tluis, we remain fnynmittmi to
giving notice of the impending trial
bum at permitted facilities.
The final rule requires the permitting
agency to send the notice to the facility
mailing list. While we do not specify a
timeperiod during which the permitting
agency should send out the notice, we
anticipate that permitting agencies will
typically notify the public at least 30
days before the trial bum.
The final rule does not provide for a
comment period after the permitting
agency gives notice of the trial him
datag A nirmW nf nmnmutT* a«lr«ri-
EPA what the purpose of such anotice
would be. if not to open a comment
period. Other commenters asked the
Agency to make- clear whether-or noftbe
rule would require a comment period
during the trialbum stage. EPA decided
that a comment-period during tlw trial
bum phase would not be necessary or
appropriate. The public, has already had
the opportunity, to be involved with,.
and mmwwmt na| tVw trial Vrrrm plan'
Hirring tWWruft pnnwit «taga Our intent
in providing for the notice at this stage
is to make the public aware of an
impending trial burn. The notice will
serve as an update, rather than the-
opening of a comment period..
Finally, EPA clasfied in
§§ 27062(b)(6) and^70.66(d)(3) that a
new hazardous waste combustion
facility applying for a permit may not
mmmnfo itt trial Virrm until aftgr tin
pgrrw'tting agency has issued the
required notice. It was clear from the
proposal that we intended for the
parrnitting agency to issue the notice
before the trial bum. However, the
proposed rule language did not
explicitly state the obvious corollary,
which was that the facility may not
commence the trial bum until after the
notice.
EPA does-not believe that the notice
requirement established by today's rule
will delay trial bums. The notice
requirement is straightforward and easy
to implement; we do not anticipate that
permitting agencies will fail to issue the
required notioes in a timely fashion

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Federal	/ VoL 60, No. 237 / Monday, December 11, 1995 / Rules and Regulations 63427
Because the notice is purely
informational, EPA will be flexible in
interpreting the requirement thai the
notice be maiWl a reasonable time
before the commencement of the trial
bum. Ideally, the Agency anticipates
that permitting agencies will mail the
notice at least thirty days before the trial
bum. However, as long as the notice is
mailed sufficiently In advance of the
scheduled trial bum so that the
recipients would be expected to receive
the notice prior to the commencement
date, EPA would consider the notice
timely.
It is EPA's intent that the trial bum
notice requirements in §§ 270.62(bX6)
and270.66(d) (3) apply only to initial
trial bums, and not to subsequent trial
burns that may be conducted as-part of
the perniit modification procedures.
EPA believes that the trial bum notices
required by today's rule are not
nimwuiry In these lattT OTCUmStaSCeS,
since the amount of time between
modification approval and the
subsequent trial bum is typically much
shorter tlwarawunt of timtt flirt
may elapse between permit i fan an on
and the initial trial bum. Moreover, the
modification procedures in § 270.42
include provisions far involving the
public throughout the modification
submittal and approval process (e.g.,
through notices or public meetings). Of
course, if there are substantial
unforeseen delays between the approval
of the modification request and me trial
bum, EPA suggests that the permitting
agency issue a notice in accordance
with die procedures set forth in today's
rule.
. 2. Notice of Planned Trial Bum Plan
Approval for Interim Status Combustion
Facilities (Proposed § 270.74(b) and
(c)(3)). Trial bums at Interim status
ferintiix generally take place before
permit issuance so that tW* permitting
agency can set operating conditions in
the permit based an the results of the
trial bum- The proposed rale required
the permitting agency to give public
notice of the tentative approval of a trial
bum plan for interim status incinerators
and BIFs. Hie notice requirements are
the same as those proposed for -
permitted incinerators and BIFs, except,
for an additional provisian.that the
notice contain a schedule of activities
that are required prior to permit -
itpwnrBj including the permitting
agency's anticipated schedule for trial
bum plan approval and the actual trial
bum.
Synopsis of Major Comments on
§ 270.74(b) and (c)(3). Many of the.
described in section E.1.
above with regard to the trial bum
notice for permitted incinerators and
BIFs also are relevant to the trial bum
notify frir-mtgrfm ctatng jnrliwmi^nrn
and BIFs (e.g., comments on the timing
of the notice). Anumber of cammentezs
raised the issue of aromment period on
the trial bum plan for interim status
fari»t«K A few canrmenters supported
the idea, some opposed it, and several
more asked EPA to clarify whether or
not we would require a comment period
on the tentatively approved trial bum
plan. One nwinwnw1 noted tlnn
additional information was critical far
interim status facilities where the public
has not yet had an opportunity far
involvement
EPA's Response to Connnentnra. EPA
Vim decided to	rtw provisions
for interim status facilities with two .
gllgllt i liniiffm. from prOpOSaL FlTSt,
the final rule provides for notice of the
Director's intention to approve a trial
Khwi plan |-nrtlmT than Mc or her
- "tentative approval." In response to
rrrmTnamtwr wmMmc'that mii nnHm .
could be an extra time-consuming step
in the process, H»A has changed the
. language to better reflect its intent that'
the notice occurs in the* final stages of
review, rather thanbeing a separate step
, we proposed to place the
notice requireaients in a newly created
§ 270.74, which contained interim status
mrnVnwHnn punHHiig iMjnliwiiMite -
However, since EPA is not fmatirtng the
wmlimHmi imm milling aw ll«i« nf tKo
proposed rule at this time, we have
integrated the notice requirements with
~Kn regulations far the permitting of
interim status combustian facilities, Le.,
§ 27a62(d) far incinerators and
§ 270.66(g) far BIFs.
Although the Agency has not changed
the trial bum plsnnotice j*g»inwwantt
far inijii	canbustm in tibe
final rule, the requirements are in a
iUffumnt fnirmat thai tn tlw» praprmal
First, the notice requirements are now
located in the centers of the paragraphs
(§ 270.62(d) far incinerators, and
§ 270.68(g) far BIFs) along withother
jmrmilllng wHjiiiwnwnfru Slum llw
ftiiHi^wnnlantt frf jntmirn atatn^
hriiw«» iHfliff from the contents far
peanttted facilities with regard to
annmmrtng plmnwl approval of the
trial Viiim plm, wa km amending
§§ 270.62(d) and 270.66(g) to list the
specific information that the permitting
.agency must include in the notices far
interim status combustars.Secand,we
do li«t tlm timing on/3 Hi«trihntinm
requirements far the notice far interim
status facilities, as we did in the
proposed rule. Instead, each, of these
paragraphs refers the reader to another
paragraph (§ 270.62(b) and § 270.66(d),
respectively)'that covers the notice of
the trial bum far permitted facilities.
Farinstance, § 270.62(d) states that the
agency shall issue the notice "in
accordance with the timing and
distribution requirements of (b)(6) of
this section." "Die requirements in (b)(6)
are this new notice requirements that we
are issuing today far permitted
combustion facilities (see section El.
above). In fallowing the standards in
(b)(6), die permitting agency will send
the notice to the tarflity mailing li«t BTtA
die appropriate units of State and local
government within a reasonable period
of time before the trial bum. Section
270.66(g) takes the same approach for
BIFs by referring to paragraph (d) of that
section
For permitted «wnKmtfirm facilities,
EPA bascLariiied in §§ 270.62(b)(6) and
270.66(d)(3) that a facility applying for
a permit may not commence its trial
liiini intrii after the permitting agency
has issued the required notice. EPA
doeenot believe that comparable'
. clarify inc lansuafleisnecessarvin
§S 270.62(4) or 270.66(g) far dte notice
of planned approval of atrial bum plan
for an interim status faciliiy. EPA-
believes it is. dear under these
jmwHinnw* that tV»o pormittfng ngonry
will not approve a plan and,
consequently, the facility cannot
commence *t« trial linm, rmtil l«maiw»
of the required notice.
The role of the notice far interim
«tatn« BIFs anH Inriiwntfnrt is mw4i tVio
same as the notice far pesmitted
facilities, Le., to keep die public
infbtmsd throughout the trial burn
stage. The final rule does not require a
mnnitfnit period after the permitting
agency gives notice of the planned
trial bum ilaim for interim
fadlities The trial brrm notion, like the
other notices required by this rule, is
primarily intended to keep the
community 
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63428 Federal Register / Vol. 60, No. 237 / Monday, December 11. 1995 / Rules and Regulations
involvement and~theefficiency of the
permitting process. The notice alerts the
public of the impending trial bum, and
of the opportunity to review the trial
burn plan- Since EPA is not yet
finalising thq rtlwr Bfo-iginrig to
mmtinictinn pormBPA 1» not Including ifaaMer ltmWng Un|iin«.
Ufa tfa» bagaego laHUUt C4T2.«ad uw
In tb» otbc uroriifapi of today*! rnl^ Whfa laepect
to S270.14. thmqainnwnt to mUiilt th* tmaamrj
of the pw-mpUc«ttm.a—ting with the PertB -
pmlt eppuceiiaa loamdj Mfaeseee S livjtl.
Acsctdlagfr. where the wgnlatoe do uauenulie
a tuMttaf, ttte cfaar tbet Ifae applient do« aet
imil lu|un»fcU a «etfa$ luiuumj. With teepect
trt Hformfirn	w^ntp—
§ 27tL30(irQ, EPA wiUJoDcnrth* general prlnciplei
¦ppliceble to Ihe tncbaim of tho S TTtLSO
"bollerpkto" pnridoatiBBStfA puitlone of
BCEApenniti (tern. *4, inn Central Mc&xtCetp,
RQIA Appeal Nee. 90-34. S0-2S,et 23 (EAB-Nov.
S, 1092)). Finally, 5S 2TOS2 «nd TTOM «pply only
whan EPA he* pennSt Smototm arthetfy e*n
tedaoitoo sad Bffe, mpeettveh. eo there is ao
uatd to limit the eppUcsbility of me (pacific
nqaJnoente eddad to tbeee eeetieni todey.
of today's rule. EPA	the pre-
applicatian meeting, the notice at
application submittal, and repository
requirements to enhance
communication and understanding
between the public, the facility owners
and operators, and the permitting
agency. These requirements will foster a
dialogue between facilities and
communities with a focus on
fundamental permitting issues. EPA
believes that these interactions are
properiy part of the application process
for the basic permit to conduct
hazardous waste management
operation;, and not part of the process
to evaluate and issue additional
conditions through a HSWA rider.
Accordingly, and consistent with the.
proposal, we have explicitly tied these
requirements to the basic permit,
issuance authority for hazardous waste
Tnanogirumt nriltt
For most units in most States, the
basic permit issuance authority rests
with the State. Accordingly, EPA
strongly urges authorized States to
adopt this rule in an expeditious
manner. Specifically, EPA encourages
States that have not yet adapted the BIF
rule to adopt the new public
participation procedures concurrently
with their BIF rules, rather than ,
deferring adoption io the somewhat
later	that applies to today's
nde.
In adopting today's rale, authorized
States should not include in their
approved regulations the limiting
language added to the final applicability
sections of §§ 124.31,124.32 and
124.33. This language includes both the
limitation of the.sections' applicability
to "all applic^pips'aeeking RCRA
permits for hftSlraous waste
management units over which EPA has
permit' issrianna authority" and the
of the phrase "hazardous
waste management units over, which
EEA has permit issuance authority."
Obviously, the reference to EPA would
be inappropriate in a State rule.
Moreover, even if the State.changed the
language toxefar to.the State
environmental agency, the provision
would ber unnecessary because
authorized States process RCRA permit
applications and administer RCRA
permits only at facilities with units over
which they have permit issuance
authority. Accordingly, EPA
recommends that States not include in
their regulations limiting language
similar to that in todaiy's final
rulemaking.

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Federal Register / VoL 60, No. 237 / .Monday, December 11, 1995 / Rules and Regulations 63429
B. Schedules and Requirements for
Authorization
40 CFR 271.21(e) requires States with
final authorization to modify their
programs to reflect federal program
changes submit the modifications to
EPA far approval. The deadlines for
Stale modifications axe set out in
§ 271.21(e)(2) and depend upon the date
of promulgation of final rules by EPA.
Thus, because EPA has promulgated
today's rule before June 30,1996; States
must modify their programs, if-
neumaxy, to adopt this rule before July
1,1997 (or July 1,1998 if a State
statutory change is seeded). States then
must submit these program
zDodificaticnis^o ffA ftccordisflito-titt
schedules in $ 271.2Ue)(4}. Once EPA
approves the modificBtians,.the State
requirements became RCRA Subtitle C
requirements.
Stateswith authorized RCRA
programs may-abeady-feav*-
requirements similar to those we an
proposing today. EPAhasnot assessed
these State regulations against the final
fcwWal waiihilnnt ~n rfalnulim
whether they meet die tests lor
Trttiwri—iunt Tins; abnilarpravislans
of State law preset authorized to
operate in lieu of today's RCRA
»i|iiiMiiwnt« untiLthe Stttenboits'
them to EPA, who then gvafristes thwm
against the final EPAregulations. Of
coarse. States may oontinne to
ulinlnUlM	lluiywrldfcig
«t«nikwii In Ami rninHw
hi developing today's final rale/EPA
impacts oo. existing State
programs. Thepublic participation
requirements may be viewedas
perfonnanceobjectivesthe Agency
wants States to meet in their own
nuthnri wid piugiaius. It is notEPA's
ttwriiif activities ftmt- f *	the.'
same objectives. Therefore. EPA intends
to be flnxiblein reviewing State program.
twhmUtlmt «mi.—1iMllin| flam
against the requirements-far
giTfhnri ration.
In July 1994, EPA aeetad a group of
EPA. State, Tribal and local government
officials (Permits Improvement Team) to
tnraminm mnA punpni tiiipwruwrantUn
EPA's pennit programs. As part of its
efforts, the p*hiiI*« Improvement Team
is examining ways to streemlhn the
permitting process, exploring possible
alternatives to individual pranks, and
evaluating ways to enhance public
involvement in the permitting process.
The Team plans to develop
recommendations in each of these areas,
^ifrn«« them with stakeholders, and
submit them to Agency w»««g»Hnint far
consideration.
The public participation requirements
that EEA is promulgating in today's rule
are appropriate lor the RCRA permitting
program as it.currently exists. If,
however, the nature of the RCRA
permitting program changes as a result
of thePermits Improvement Teen's
efforts, then the Agency may amend
tli«M n)'^	or develop "mnwi
procedures. ror.fflqHnple.-the Teem is
considering recammending several
alternatives to individual permits,
¦»« «Mng general permits for
RCRA. nen-crtm mercial storage.and
treatment units. The-processiof iasuing
pm«wl jmhiiIU In vmry itiBwut ferrm
the emrant RCRA permitting process;
thus, diffisrex&approachesfar involving
the .public may be appropriate.
VILKegnlataajN
A. Executive Order 12866
Under Executive Order 12866; (58.FR
S1735, October 4.1993) the Agency
mustdetennine whether a regulatory
action is "significant" and. therefore,
subject to review by 1ha Office of .
ManagamanLand Budget (QMB) and to
the requirements of the ExecutiveOrder,
Whidi.indndeasaesdngthe-oosts.and
benefits antidpated as a result of the
regulatory action,
The	"significant
regulatory action" as one that is likely
toresuh in arule .thatmay: (1) have an
mrmial effect aniha economy of $100
million or moc* or adversely, affect in.a
material waythe —-m^wy, * "f
the economy, productivity, corupetitiuu.
jobs, the euvimnment, pta>lic.health or
safety, or State, local; or tr&al
governments or communities; (2) create
serious inconsistency or otherwise
interfere with an action taken or
planned by another agency;(3)
materially alter die budgetary.impactof
¦ntttlmiMintt, ptitt, namr fcw, or loan
programs or ™ mil obligations of
ledpiants thereof; or (4j raise novel
legal ar policy issues arising cut of legaL
nrnmith^ the President's	^
wi tffrtli in the R««ni|ii«
Order.
TheAgency ha* determined that this
rule is not a significant rule under.
Executive Order 12866. Pursuant to the
terms of Executive Order 12866. this
section of the preamble summarizes the
potential economic impacts of the RCRA
Expanded PnbUcParticipatioa rule.
Based upon the
analysis for today's rule, the Agency's
best estimate is "***
public participation requirements
would result in an inoemental national
annual cost of $180,000 to $500,000.
A complete discission ofthe
economic impact analysis is available in
the regulatory docket far today's rule in
a report entitled "Bmnnnitr. fntpuri
Analysis for the RCRA Expanded Public
Participation Rule."
Cost Analysis. Today's rulelndudes
several requirements that would result
in direct costs to faculties «n)wn
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63430 ' Federal Register / Vol. 60, No. 237 / Monday, Decepaber 11, 1995 / Rules and Regulations
input throughout permitting
process, will also help foster continued
community involvement after forititles
become permitted..
fa admrtrm, ftvpnwdiTig pnhtir
involvement opportunities could, in
some cases, streamline the permitting
.process, since the public will raise
issues, and the applicant can address
the issues, at an earlier stage in the
process. Currently, the public is sot
formally involved in .the permitting
process until the draft permit stage,
which occurs after the pennttting
agency and the permit applicant have
discussed crucial parts of the part B
permit application Hie Agency
antifipyt^a that the nwrtifir participation
provided in this rule will address the
public concern that major permit
decisions may be made beggethe
public has the opportunity to get
involved in the process. This eeriier
involvement may mil reduce costs,
associated with delays,
B. Regulatory Flexibility Act
Ilia Regulatory Flexibility Act (RFA)
of1980requires federal agencies to
mn«ii hlM# of
currently approved information
ooUoctioniBquest (ICR) control numbers
issued by OMB for various regulations.
This amendment updates the table to
accurately display those information
requirements contained in this final
rule. This display- of the OMB control
number and its subsequent codification
in the Code of Federal Regulations
satisfies the requirements of the
Paperwork Reduction Act (44 U.S.C.
3501 et seq.) and OMB's implementing
.regulations at 5 CFR1320.
The ICR was previously subject to
public notice and commeht prior to
OMB approval. As a result, EPA finds
that there is "good cause" under section
553(b)(B) of the Administrative
Procedure Act (5 U.S.G. 553(b)(B)) to
""""l this table without prior notice
and comment. Due to the tfhwy	gmall pwmiimnK As
stated above, the total costs of the rule
are very low. These minimal costs will
be incurred by owners and operators of
hazardous waste treatment, storage and

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Federal Register / Vol. 60, No. 237 / Monday,. December 11, 1995 / Rules and Regulations 63431
E. Enhancing the Intergovernmental
Partnership
Executive Order 12875. Executive
Order 12875 an enhancing the
intergovernmental pflitsfirship chflrges
federal agencies with establishing
meaningful consultation and
collaboration with State'and local
governments on matters that affect
them in most cases, State governments
are the level of government that
regulates hazardous waste.
EPA has consulted with State officials
to develop today's rule. EPA invited
several States, representing various
parts of the country, to participate in
rulemaking process. These States
reviewed and provided feedback on the
draft proposal over a period of eight
months, and the draft final rule over a
period of five months in addition, these
States participated in monthly
workgroup meetings via conference rail.
Their participation and
feedback in the workgroup process
added considerable value to the
rulemaking effort.-
EPA contacted additional States in an
effort to receive their specific feedback
on general permitting and public
involvement techniques. solicited
State input during a session of the 3rd
Annual RCRA Public Involvement
National Conference, in which sixteen
State representatives participated. The
State participants provided-numerous
helpful suggestions and ideas. In
addition, the Agency miliwiri existing
State groups, such as the Assodatkm of
State and Territorial Solid Waste
Management Officials (ASTSWMQ), to
solicit input on the proposed rule at
various stages inthe development
process. State personnel at the
Commissioner level provided input to
EPA at bi-monthly meetings of the EPA-
State Task Force on Hazardous Waste
Management Through early
involvement in-the process. State
representatives made valuable
contributions to the development of
today's rule. EPA also received
comments from several States following
publication of the proposed rule. Many
of the States' concerns are addressed by
the final rule.
The Relationship of Today's Rule
with Indian Policy. Currently, EPA has
the responsibility far ensuring the
implementation and enforcement of the
Subtitle C hazardous waste regulatory
program on Indian This
responsibility includes the issuance of
hazardous waste permits. However,
consistent with EPA's Indian Policy of
1984,.the Agency will Iookdirectly to,
and work with. Tribal governments in
determining the best way to implement
the public involvement requirements in
Indian country. This Indian policy
recognizes the sovereignty of federally-
recognized Tribes and mrmnttg EPA to
a g overrun ent-to-govemment
relationship with the Tribes.
List of Subjects
40 CFR Parts
Reporting and recordkeeping
requirements.
40 CFR Pact 124.
Administrative practice and
procedure. Hazardous Waste, Reporting
and recordkeeping requirements.
40 CFR Part 270
Administrative practice and.
procedure. Hazardous waste, Reporting
and recordkeeping requirements. Permit
application requirements, Waste
treatment and disposal
Dated: October IS, IMS.
Carol M. Browner,
Administrator.
For the reasons set out in the
preamble, title 40, chapter I, of the Code
of Federal Regulations, is amended as
follows:
PART 9—OMB APPROVALS UNDER
THE PAPERWORK REDUCTION ACT
1.	The authority citation for part 9
continues to read as follows:
Authority. 7 U.S.C. 135 etseq^ 136-136y;
15 U.S£. 2001, 2003,2005,2006,2601-2671;
21 U.S.C. 331], 346a, 348; 31 U-S.C. 9701:33
U.S.C. 1251 etaa?., 1311,1313d, 1314,1321,
1326,1330,1344,1345 (d) andte). 136UE.O.
11735,38 FR 21243,3 CFR. 1971-1975
Cornp. p. 973; 42 U.S£. 241,242b, 243,246,
-3001 SOOg. 300g-l, 30Q9-Z, 300g-3,300g-l,
300g-5,300g-6.300^1.300^2, 300H- 300J-
4,300j-fl, 1857 et aeq^ S901-6992k. 7401-
7671q, 7542,9601-0657,11023, 11048-
2.	Section 9.1 is amended by adding
the new entries to the table to read as
follows:
40 CFR Citation
OMB Control
No.
{8.1
Reduction Act
40 CFRCttaSon
OMB Control
No.
PART 124—PROCEDURES FOR
DECISIONMAKING
124.31 	 2050-0149
1243	2	 2060-0149
1243	3	 2060-0149
PART 270—EPA-ADMMSTERED PERMIT
PROGRAMS: THE HAZARDOUS WASTE
PERMTT PROGRAM
270£2	 2050-0149
270J56	 2050-0149
PART 124—PROCEDURES FOR
DECISIONMAKING
1.	The authority citation for part 124
continues to read as follows:
Aullaaltj. Resource Conservation and
Recovery Act, 42 U.S.C. 6901 et«q.;Safe-
Drinking Water Act, 42 U.S.C. 300(f) et acq.;
Clean Water Act, 33 U.S.C. 1251 elseq.; and
Clean Air Act, 42 U.S.C. 1857 ettaq.
2.	Subpart B is amended by adding
text to read as follows:
suDpan b—"opocotc nooNuras AppncsM
to RCRA Permits
Sac.
12431 Pre-«ppli cation public notice and
mm*ring
124.32	Public notice requirements at the
application stage.
124.33	Infcxmetion repository.
"iuhpartn Tiperlflr Pmnaflinn
to RCRA Penults
$12441 Pra applkiMlon pufaBc meaflng
and noOoe.
(a)	Applicability. The requirements of
this section shall apply to all RCRA part
B applications seeking initial permits
for hazardous waste management units
over which EPA has pennit issuance
authority. The requirements of this
section shall also apply to RCRA part B
applications	renewal of permits
for such, units, where the renewal
application is proposing a significant
change in facility operations. For the
purposes of this section, a "significant
change" is any change would
qualify as a class 3 pennit modification
under 40 CFR 270.42. For the purposes
of this section only, "hazardous waste
unite QV8T which EPA has
permit issuance authority" refers to
hazardous waste iwwgpiimnt units far
which the State where the units are
located has not been authorized to issue
RCRA permits pursuant to 40 CFR part
271. The requirements of this section do
not apply to pennit modifications under
40 CFR 270.42 or to applications that
are submitted far the sole purpose of
canducting post-closure activities or
post-closure activities and corrective
action at a facility.
(b)	Prior to the submission of a part
B RCRA permit application for a facility,
the applicant must hold at least one
meeting with the public in order to
solicit questions from the community
and inform the community of proposed
hazardous waste management activities.
The applicant^hall post a sign-in sheet
or otherwise provide a voluntary-

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63432 Federal Register / Vol. 60, No. 237 / Monday, December 11; 1995 / Rules and RpgnlnHnnc
opportunity for attendees to provide
their names and addresses.
to The applicant shall submit a
summary of the meeting, along with the
list of attendees and their addresses
developed under paragraph (b) of this
section, and copies of any written
comments or materials submitted At the
meeting, to the permitting agency as a
part of the part B application, in
accordance with 40 GFR 270.14(b).
(d) The applicantmust provide public
notice of the pre-epplicatian meeting at
least 30 days prior to the meeting. The
applicant must maintain, and provide to
the permitting agency upon request,
documentation of the notice..
(1) The applicant shall provide public
notice in all of the following forms:
(1)	A newspaper advertisement .The
applicant shall publish a notice,
fulfilling the requirements in paragraph
(d)(2) of this section, in a newspaper of
general circulation in the county or
equivalent jurisdiction that hosts the
proposed location of the facility. In
addition, the. Director shall instruct the
applicant to .publish the notice in
newspapers of general circulation in
adjacent counties or equivalent
jurisdictions, where the Director
determines that such publication is
to inform affected public.
The notice must be published as a
display advertisement
(li) A visible and accessible sjgn.The
applicant ahall post a notice on a clearly
marked sign at or near the facility,
fulfilling "»«»requirements in-paragraph
(d)(2) of this section. If the applicant
places the sign on the facility property,
then the sign must be large, enough to be
readable from the nearest point where
the public would pass by the site.
(iii)	A broadcast media
announcement The applicant shall
broadcast a notice, fulfilling the
requirements in paragraph (d)(2) of this
section, at least once on at least one
local radio station or television station
The applicant may employ another
medium with prior approval of the
Director.
(iv)	A naticeto the permitting agency.
The applicant shall send a copy of the
newspaper notice to the permitting
agency and to the appropriate units of
State and local government, in
accordance with § 124.10(c)(l)(x).
(2)	lite notices required under
paragraph (d](l) of this section must
include:
(i) The date, time, and location of the
(ii)	A brief description of the purpose
of the meeting;
(iii)	A briefdesaiptian of the facility
and proposed operations, including the
addros or a map (e.g., a sketched or
copied street map) of the facility
location;
(iv)	A statement encour-giag.people
to contact the facility at leak 72 horns
before the meeting if they need special
access to participate in the meeting; and
(v)	The name, address, and telephone
number of a contact person far the
applicant
§12442 Public notioe requirements at the
(a)	Applicability. The requirements of
this section shall apply to allRCRA part
B applications seeking initial permits
for hazardous waste """ywm* im
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Federal Register / Vol. 60, No. 237 / Monday, December 11, 1995 / Rules and Regulations 63433
updating the repository with
appropriate ip
permit When the applicant submits a
trial bum plan with part B of the permit
application, the Director will specify a
time period prior to.permit issuance in
which the trial bum must be conducted
and the results submitted.
8. In ¦§ 270.66, paragraphs (d) (3)
through (5) are redesignated as
paragraphs (d) (4) through (6), and new
paragraph;(d)(3) is added to read as
follows:
S27046 PenwWi tor boBaia and Industrial
fumaoee bucnlnQ hazardous i
(b)
documents can be reviewed and copied;
and a schedule of the activities that are
required prior to permit issuance,
including the anticipated time schedule
for agency approval of the plan and the
tfrno period during which me trial bum
would be conducted. Applicants
(d) - • •
(3) The Director must send a notice to.
all persons on the facility mailing list as
set forth in 40 CFR 124.10(c)(l)(ix) and
to the appropriate units of State and
local government as set forth in 40 CFR
124.10(c)(l)(x) awnminr-iTi^ the
iumtnaam wnont mnA
completion dates for the trial bum. The
applicant may not	trial
bum until after the Director has issued
such notice.
(i)	This notice must be mailed within
a reasonable time period before the trial,
burn. An additional notice is not
required if the trial bum is delayed due
to circumstances beyond the control of
the facility or the permitting agency.
(ii)	This notice must contain:
(A)	The name and telephone number
of applicant's contact person;
(B)	tk'» and telephone number
of the permitting agency contact office;
(Q The location where the approved,
trial bum plan and any supporting
documents can be.reviewed and copied;
and
(D) An expected time period for
commencement and completion of the
trial bum.
• • * * *
9. Paragraph (g) of § 270.66 is revised
as follows:

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63434 Federal Register / Vol. 60, No. 237 / Monday. December 11. 1995 / Rules and Regulations
§270.6* Penntts for boflers and Industrial
furnaces bunting hazardous i
(g) Interim status boilers and
industrial furnaces. For the purpose of
determining feasibility of compliance
with the performance standards of
§ 266.104 through 266.107 of this
chapter and of determining adequate
operating conditions under § 266.103 of
this chapter, applicants owning or
operating existing boilers or industrial
furnaces operated under the interim
status standards of § 266.103 of this
chapter must either prepare and submit
a trial burn plan and peifonu a trial
bum in accordance with the
requirements of this section or submit
other information as specified in
§ 270.22(a)(6). The Director must
announce or her intention to
approve of the trial bum plan in
accordance with the timing and
distribution requirements of paragraph
(d)(3) of this section. The contents of die
notice must include: the name and
telephone number of a contact person at
the facility, the name anc^telephone
number of a contact office at the
permitting agency, the location where
the trial bum plan and any supporting
documents can be reviewed and copied;
and a schedule of the activities that are
required prior to permit issuance,
including the anticipated time schedule
for agency approval of the plan and the
time periods during which the trial bum
would be conducted. Applicants who
submit a trial bum plan and receive
approval before suhmissionof the part
B permit application must complete the
trial bum and submit the results
specified in paragraph (f) of this section
with the part B permit application. If
completion of this process
with the date set fen: submission of the
part B application, the applicant must
contact the Director to establish a later
date for submission of the part B
application or the trial bum results. If
the applicant submits a trial bum plan
with part B of the permit application,
the trial bum must be conducted and
the results submitted within a time
period prior to permit issuance to be
specified by the Director.
IFR Doc. 95-29896 Filed 12-8-95; 8:45 am)
BUM CODE HMM>
40 CFR Part 52
[SC-02SM-7177a; FRL-531&-6]
Approval and Promulgation of
Implementation Plans: Approval of
Revisions to the South Carolina State
implementation Ptan (SIP)
AQENCY: Environmental-Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY; EPA is approving "a revision to
the South Carolina State
Implementation Plan (SIP) to
incorporate new permitting regulations
and to allow the State of South Carolina
to.issue Federally enforceable state
construction and operating permits
(FESOOP). On July 12.1995, the State of
South Carolina through the Department
of Health and Environmental Control
(DHEC) submitted a SIP revision which
updates the procedural rules governing
the issuance of air permits in South
CnmTinfl mH ftiVRlfg thw mpriT«m«n»f'
neoessaiy far a state FESCQP program to
become Federally enforceable. In order
to extend the Federal enforceability of
South Carolina's FESCQP program to
hazardous air pollutants (HAP*), EPA is
also approving South Carolina's.
FESCOP program pursuant to section
112 of the Clean Air Act as amended in
1990 (CAA}so that South Carolina may
issue Federally enforceable construction
and operating.pennits for HAPs.
DATES: This final rule will be effective
February 11,1996, wnleiw advene at
critical comments are received by
January 10,1996. If the effective date is
delayed, timely notice will be published
in the Federal Register.
ADDRESSES: Written cmmwints should
be addressed to Scott Miller at the EPA
Regional office listed below. Copies of
the	relative to this action are
available far public inspection during
normal business hours at the following
locations The interested persons
wanting to	these documents
should make an appointment with the
appropriate office at least 24 hours
before the visiting day.
Air and Radiation Docket and
Information Center (Air Docket 6102),
U.S. Environmental Protection
Agency, 401M Street SW.,
Washington, DC 20460.
Environmental Protection Agency,
Region 4 Air Programs Branch. 345
Courtland Street NE^ Atlanta, Georgia
30365.
South Carolina Department of Health
and Environmental Control, 2600 Bull
Street, Columbia. South Carolina
29201.
FOB FURTHER MF0RMAT10N CONTACT:
Scott Miller, Air Programs Branch, Air,
Pesticides & Tones Management
Division, Region 4 Environmental.
Protection Agency. 345 Courtland Street
NE., Atlanta, Georgia 30365. The
telephone number is (404) 347-3555
extension 4153. Reference £leSC029.
SUPPLEMENTARY MFORMATON: On July
12,1995, the State of South nnmlina
through the DHEC submitted a SIP
revision designed to allow South
Carolina to issue FESCOP which
conform to EPA requirements for
Federal enforceability as specified in a
Federal Register notice, "Requirements
for the preparation, adoption, and
submittal of implementation plansr air
quality, new source review, final rules."
(See 54 FR 22274, June 28,1989). This
voluntary SIP revision allows EPA and
dozens under the Act to enforce terms
acd conditions of state-issued minor
source construction and operating
permits. Construction and. operating
permits that are issued under the .State's
minor source construction and
operating permit program that is
approved into the State SIP and under
section 112(1) will provide Federally
enforceable limits to an air pollution
source's potential to epit limiting of a
source's potential to emit through
Federally enforceable construedon'and
operating permits can affect a source's
applicability to Federal regulations such
as title V operating permits. New Source.
Review (NSR) preconstructicm permits,
Prevention of Significant Deterioration
(PSD) preconstruction permits for
criteria pollutants and Federal air toxics
-requirements. EPA notes that the State
will continue to issue construction and
operating permits that are not intended
to be Federally enforceable under,
regulations found at South Carolina Air
Pollution Control Regulation (SCAPCR)
61-62.1 Section. ILA and Section ILB.
In the aforementioned June 28,1989,
Federal Register document. EPA listed
five criteria necessary to make a state
agency's minor source construction and
operating permit program Federally
enforceable and, therefore, approvable
into the SIP. This revision satisfies the
five criteria for Federal enforceability of
the State's minor source construction
and operating permit program.
The first criterion for a State's
construction and operating permit
program to become Federally
enforceable is EPA's approval of the
permit program into the SIP. On July 12,
1995, the State of South Carolina
submitted through the DHEC a SIP
revision designed to meet the five
criteria for Federal enforceability. This
action will approve these regulations

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10-3-95
RCRA CLUSTER V - July 1, 1994 through June 30, 1995
FEDERAL REGISTER DATE
SUMMARY
July 28, 1994
59 ZB 38586
August 2 4, 1994
59 EB 43496
Amendments to the Definition of Solid
Waste; Oil Recovered From Petroleum
Refinery Wastewaters Exclusion. non-
HSWA (Optional)
Recyclable Materials Used in a Manner
Constituting Disposal; Prohibits Non-
Encapsulated Uses of HTMR Slag Residues.
(40 ££R Part 266 Subpart C). HSWA
September 19, 1994
59* FR 47980
Land Disposal Restrictions Correction to
SW-846 Final Rule. (See August 31, 1993)
HSWA
September 19, 1994
59 £R 47982
Land Disposal Restrictions Phase II -
Universal Treatment Standards and
Treatment Standards for Organic Toxicity
Characteristic Wastes and Newly Listed
Wastes. HSWA/NON-HSWA
December 6, 1994
59 FR 62896
January 3, 1995
60 ZR 242
Organic Air Emissioms Standards for
Tanks, Surface Inpoundments and
Containers.(Subpart CC)(See May 19,
1995) HSWA
Land Disposal Restrictions Phase II -
Universal Treatment Standards and
Treatment Standards for Organic Toxicity
Characteristic Wastes and Newly Listed
Wastes. Technical Amendments. HSWA/NON-
HSWA
1

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FED. REGISTER DATE	SUMMARY
February 3, 1995
60 EE 6666
February 7, 1995
60 EE 7366
Determination of Point at Which RCRA
Subtitle C Jurisdiction Begins for
Municipal Waste Combustion Ash at Waste-
to-Energy (WTE) Facilities. NON-HSWA
Regulatory Determination on Cement Kiln
Dust. NON-HSWA
February 9, 1995
60 FR 7824
Identification and Listing of Carbamate
Production Wastes. HSWA
May 11, 1995
60 £E 25492
May 19, 1995
60 £B 26828
June 29, 1995
60 FB 33911
Universal Waste Rule (Hazardous Waste
Management System; Modification of the
Hazardous Waste Recycling Regulatory
Program)(Part 273). NON-HSWA, (Optional)
Organic Air Emissioms Standards for
Tanks, Surface Inpoundments and
Containers: Notice of postponed
effective date.(Subpart CC) HSWA
Solid Waste, Hazardous Waste, Oil
Discharge and Superfund Programs;
Removal of Legally Obsolete Rules.
NON-HSWA
n

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7-2-96
RCRA CLUSTER VI - July 1, 1995 through June 30, 1996
FEDERAL REGISTER DATE
SUMMARY
July 7, 1995
60 FR 35452
July 11, 1995
60 FR 35703
August 14, 1995
60 FR 41817
September 2 9,1995
60 FR 50426
October 30, 1995
60 FR 55202
November 13, 1995
60 FR 56952
December 11, 1995
60 FR 63417
Organic Air Emissions Standards for
Tanks, Surface Impoundments and
Containers (Subpart CC). Correction.
[See December 6, 1994 (59 FR
62896).] HSWA
Liquids in Landfills; Petition to
Add a Third Test Method. HSWA
(Optional)
Identification and Listing of
Carbamate Production Wastes (K156-
K161). Interpretative rule. HSWA
Organic Air Emission Standards For
Tanks and Surface Impoundments, and
Containers. STAY (Subpart CC). HSWA
Recycled Used Oil Management
Standards. Administrative Stay (Used
Oil Mixtures). NON-HSWA
Organic Air Emission Standards For
Tanks, Surface Impoundments, and
Containers (Subpart CC). Notice of
Postponed Effective Date. [See
December 6, 1994 (59 FR 62896)] HSWA
RCRA Expanded Public Participation.
NON-HSWA
February 9, 1996
61 FR 4903
March 18, 1996
61 FR 11090
Organic Air Emission Standards For
Tanks, Surface Impoundments, and
Containers (Subpart CC). Technical
Amendment. [See December 6, 1994 (59
FR 62896)] HSWA
Technical Revision for the Federal
Compliance Act of 1992 Amendments.
NON-HSWA
1

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RCRA CLUSTER VI - July 1, 1995 through June 30, 1996
FEDERAL REGISTER DATE	SUMMARY
March 26, 1996
61 FR 13103
April 8, 1996
61 FR 15565
Amendments to the Definition of
Solid Waste. NON-HSWA
Land Disposal Restrictions Phase III
Decharacterized Wastewaters,
Carbamate Wastes, and Spent
Potliners. HSWA
April 12, 1996
61 FR 16289
June 5, 1996
61 FR 28508
June 28, 1996
61 FR 33680
Imports and Exports of Hazardous
Waste: Implementation of OECD
Council Decision. NON-HSWA
Organic Air Emissions Standards for
Tanks, Surface Impoundments and
Containers (Subpart CC).
Postponement. HSWA
Land Disposal Restrictions Phase III
Decharacterized Wastewaters,
Carbamate Wastes, and Spent
Potliners. Technical correction.
HSWA
June 28, 1996
61 FR 3 3 691
July 1, 1996
61 FR 34251
Recycled Used Oil Management
Standards; Vacatur of Administrative
Stay (Used Oil Mixtures). NON-HSWA
Classification of Solid Waste
Disposal Facilities and Practices
(CESQG's). HSWA
2

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EPA/DEP/Industry Workshop
Universal Waste
August 12-14,1997
Clearwater Beach, Florida

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[Federal Register: May 11, 1995]
[[Page 25491]]
Part IV
Environmental Protection Agency
<0 CFR Part 9, et al.
Universal Waste Rule (Hazardous.Waste Management System; Modification
of rho Hazardous WaBte.Recycling Regulatory Program]; Final Rule
[[Page 25492j]
ENVIRONMENTAL'PROTECTION
40 CFR Parte 9, 260, 261, 262, 264, 265, 266, 266, 270, and 273
[FRL-5201-3]
RIN 2050-AD19
Universal Waste Rule (Hazardous-Waste Management System;
Modification of the Hazardous Waste-Recycling Regulatory Program)
AGENCY:. Environmental Protection Agency.
ACTION: Final rule.
SUMMARY: On February 11, 1993, the Environmental Protection Agency
proposed new streamlined hazardous waste management regulations
governing the collection and management cf certain widely generated
vaGtes (batteries, pesticides and thermostats) known as universal
wastes (58 FR 9346). Additional information was noticed for comment on
June 20, 1994 (59 FR 31568). Today's final rule promulgates streamlined
universal waste management regulations which are very similar to the
February 11, 1993 proposal.
The new streamlined hazardous waste management regulations
promulgated today govern the collection and management of certain
widely generated wastes identified as universal waBtes. This final rule
will greatly facilitate the environmentally-sound collection and
increase the proper recycling or treatment of hazardous waste nickel
cadmium and other batteries, certain hazardous waste pesticides, and
mercury-containing thermostats. The current RCRA regulations have been
a major impediment to national collection and recycling campaigns for
these wastes. ThiB rule will greatly ease the regulatory burden on
retail stores and others that wish to collect or generate these wastes.
It should greatly facilitate programs developed to reduce the quantity
of these wastes going to municipal solid waste landfills or combustors.
It will, also, assure that the wastes subject to this system will go to
appropriate treatment or recycling facilities pursuant to the full
hazardous waste regulatory controls. It also will serve as a prototype
system to which EPA may add other similar wastes in the future. A
petition process is also included through which additional wastes could
be added to the universal waste regulations in the future. These
regulations are set forth in 40 CFR part 273.
EFFECTIVE DATE: This final rule is effective on May 11, 1995.

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PART 260--HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
1.	The authority citation for part 260 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921-6927, 6930, 6934, 6915,
6937, 6938, 6939, and 6974.
Subpart B--Definitions
2.	Section 260.10 is amended by revising the introductory text and
adding, in alphabetical order, definitions for "battery,''
""destination facility,11 ""pesticide,1' ""thermostat,'' ""universal
waste,1' ""universal waste handler,11 and ""universal waste
transporter'' to read as follows:
Sec. 260.10 Definitions.
When used in parts 260 through 266, 268, and 270 through 273 of
this chapter, the following terms have the meanings given below:
*****
Battery means a device consisting of one or more electrically
connected electrochemical cells which is designed to receive, store,
and deliver electric energy. An electrochemical cell is a system
consisting of an anode, cathode, and an electrolyte, plus such
connections (electrical and mechanical) as may be needed to allow the
cell to deliver or receive electrical energy. The term battery also
includes an intact, unbroken battery from which the electrolyte has
been removed.
*****
Destination facility means a facility that treats, disposes of, or
recycles a particular category of universal waste, except those
management activities described in paragraphs (a) and (c) of
Sees. 273.13 and 273.33 of this chapter. A facility at which a
particular category of universal waste is only accumulated, is not a
destination facility for purposes of managing that category of
universal waste.
*****
Pesticide means any substance or mixture of substances intended for
preventing, destroying, repelling, or mitigating any pest, or intended
for use as a plant regulator, defoliant, or desiccant, other than any
article that:
(1)	Is a new animal drug under FFDCA section 201(w), or
(2)	Is an animal drug that haB been determined by regulation of the
Secretary of Health and Human Services not to be a new animal drug, or
(3)	Is an animal feed under FFDCA section 201 (x) that bears or
contains any BubBtances described by paragraph (1) or (2) of this
definition.
*****
Thermostat means a temperature control device that contains
metallic mercury in an ampule attached to a bimetal sensing element,
and mercury• containing ampules that have been removed from these
temperature control devices in compliance with the requirements of 40
CFR 273.13(C) (2) or 273.33(c) (2) .
*****
Pniversal Waste means any of the following hazardous wastes that
are managed under the universal waste requirements of 40 CFR part 273:
(1)	Batteries as described in 40 CFR 273.2;
(2)	Pesticides as described in 40 CFR 273.3; and
(3)	Thermostats as described in 40 CFR 273.4.
*****
Pniversal Waste Handler:
(1) Means:

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(1)	A generator (as defined in this section) of universal waBte; or
(ii) The owner or operator of a facility, including all contiguous
property, that receives universal waste from other universal waste
handlers, accumulates universal waste, and sends universal waste to
another universal waste handler, to a destination facility, or to a
foreign destination.
(2)	Does not mean:
(i)	A person who treatB (except under the provisions of 40 CFR
273.13 (a) or (c), or 273.33 (a) or (c)), disposes of, or recycles
universal waste; or
(ii)	A person engaged in the off-Bite transportation of universal
waste by air, rail, highway, or water, including a universal waste
transfer facility.
*****
Universal WaBte Transporter means a person engaged in the oif-site
transportation of universal waste by air, rail, highway, or water.
*****
Subpart C--Rulemaking Petitions
3. Section 260.20 paragraph (a) is revised to read as follows:
See. 260.20 General.
(a) Any person' may petition the Administrator to modify or revoke
any provision in parts 260 through 266, 268 and 273 of this chapter.
This section sets forth general requirements which apply to all such
petitions. Section 260.21 sets forth additional requirements for
petitions to add a testing or analytical method to part 261, 264 or 265
of this chapter. Section 260.22 sets forth additional requirements for
petitions to exclude a waste or waste-derived material at a particular
facility from Sec. 261.3 of this chapter or the lists of hazardous
wastes in subpart D of part 261 of this chapter. Section 260.23 sets
forth additional requirements for petitions to amend part 273 of this
chapter to include additional hazardous wastes or categories of
hazardous waste as universal waste.
*****
4. Section 260.23 is added to read as follows:
Sec. 260.23 Petitions to amend 40 CFR part 273 to include additional
hazardous wastes.
(a)	Any person seeking to add a hazardous waste or a category of
hazardous waBte to the universal waste regulations of part 273 of this
chapter may petition for a regulatory amendment under this section, 40
CFR 260.20, and subpart G of 40 CFR part 273.
(b)	To be successful, the petitioner must demonstrate to the
satisfaction of the Administrator that regulation under the universal
waste regulations of 40 CFR part 273: Is appropriate for the waBte or
category of waste; will improve management practices for the waste or
category of waste; and will improve [[Page 25541]] implementation of
the hazardous waste program. The petition must include the information
required by 40 CFR 260.20(b) . The petition should also address as many
of the factors listed in 40 CFR 273.81 as are appropriate for the waste
or category of waste addressed in the petition.
(c)	The Administrator will grant or deny a petition using the
factors listed in 40 CFR 273.81. The decision will be based on the
weight of evidence showing that regulation under 40 CFR part 273 is
appropriate for the waste or category of waste, will improve management
practices for the waste or category of waste, and. will improve

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implementation of the hazardous waste program.
(d) The Administrator may request additional information needed to
evaluate the merits of the petition.
PART 261--IDENTIFICATION AND LISTING OP HAZARDOUS WASTE
5.	The authority citation for part 261 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, and 6938.
Subpart A--General
6.	Section 261.5 is amended by revising paragraphs (c), (f)(3), and
(g)(3) to read as follows:
Sec. 261.5 Special requirements for hazardous waste generated by
conditionally exempt small quantity generators.
(c) When making the quantity determinations of this part and 40 CFR
part 262, the generator must include all hazardous waste that it
generates, except hazardous waste that:
(1)	Is exenpt from regulation under 40 CFR 261.4(c) through (f),
261.6(a)(3), 261.7(a)(1), or 261.8; or
(2)	Is managed immediately upon generation only in on-site
elementary neutralization units, wastewater treatment units, or totally
enclosed treatment facilities as defined in 40 CFR 260.10; or
(3)	Ib recycled, without prior storage or accumulation, only in an
on-site process subject to regulation under 40 CFR 261.6(c)(2); or
(4)	Ib used oil managed under the requirements of 40 CFR
261.6(a)(4) and 40 CFR part 279; or
(5)	Ib spent lead-acid batteries managed under the requirements of
40 CFR part 266, subpart G; or
(6)	Is universal waste managed under 40 CFR 261.9 and 40 CFR part
273.
* * * * *
(f)	* * *
(3) A conditionally exempt small quantity generator may either
treat or dispose of his acute hazardous waste in an on-site facility or
ensure delivery to an off-site treatment, storage or disposal facility,
either of which, if located in the U.S., is:
(i)	Permitted under part 270 of this chapter;
(ii)	In interim status under parts 270 and 265 of this chapter;
(iii)	Authorized to manage hazardous waste by a State with a
hazardous waste management program approved under part 271 of this
chapter;
(iv)	Permitted, licensed, or registered by a State to manage
municipal or industrial solid waste;
(v)	A facility which:
(A)	Beneficially uses or reuses, or legitimately recycles or
reclaims its waste; or
(B)	Treats its waste prior to beneficial use or reuse, or
legitimate recycling or reclamation; or
(vi)	For universal waste managed under part 273 of this chapter, a
universal waste handler or destination facility subject to the
requirements of part 273 of this chapter.
* * * * *
(g)	* * *
(3) A conditionally exenpt small quantity generator may_ either
treat or dispose of his hazardous waste in an on-site facility or

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ensure delivery to an off-site treatment, storage or disposal facility,
either of which, if located in the U.S., is:
(i)	Permitted under part 270 of this chapter;
(ii)	In interim status under parts 270 and 265 of this chapter;
(iii)	Authorized .to manage hazardous waste by a State with a
hazardous waste management program approved under part 271 of this
chapter;
(iv)	Permitted, licensed, or registered by a State to manage
municipal or industrial solid waste;
(v)	A facility which:
(A)	Beneficially uses or reuses, or legitimately recycles or
reclaims its waste; or
(B)	Treats its waste prior to beneficial UBe or reuse, or
legitimate recycling or reclamation; or
(vi)	For universal waste managed under part 273 of this chapter, a
universal waste handler or destination facility subject to the
requirements of part 273 of this chapter.
*****
7.	Section 261.6 is amended by removing paragraph (a)(3)(ii) and
redesignating paragraphs (a)(3)(iii) through (a)(3)(vii) as paragraphs
(a) (3) (ii) through (a) (3) (vi) .
8.	Section 261.9 is added to subpart read as follows:
Sec. 261.9 Requirements for Universal Waste.
The wastes listed in this section are exenpt from regulation under
parts 262 through 270 of this chapter except as specified in part 273
of thiB chapter and, therefore are not fully regulated as hazardous
waste. The wastes listed in this section are subject to regulation
under 40 CFR part 273:
(a)	Batteries as described in 40 CFR 273.2;
(b)	Pesticides as described in 40 CFR 273.3; and
(c)	Thermostats as described in 40 CFR 273.4.
PART 262--STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
9.	The authority citation for part 262 continues to read as
follows:
Authority: 42 U.S.C. 6906, 6912(a), 6922, 6923, 6924, 6925, 6937
and 6938.
Subpart A--General
10.	Section 262.10 is amended by redesignating existing paragraphs
(b) through (f) as (c) through (g).
11.	Section 262.10 is amended by adding a new paxagraph (b) to read
as follows:
Sec. 262.10 Purpose, scope and applicability.
* * * * *
(b) 40 CFR 261.5(c) and (d) must be used to determine the
applicability of provisions of this part that are dependent on
calculations of the quantity of hazardous waste generated per month.
* * * * *
12. Section 262.11 is amended by revising paragraph (d) to read as
follows:

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Sec. 262.11 Hazardous waste determination.
*****
(d) If the waste iB determined to be hazardous, the generator must
refer to partB 261, 264, 265, 266, 268, and 273 of this chapter for
possible exclusions or restrictions pertaining to management of the
specific waste.
PART 264--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES
13.	The authority citation for part 264 continues to read as
follows:
Authority: 42 D.S.C. 6905, 6912(a), 6924, and 6925.
[[Page 25542]]
Subpart A--General
14.	Section 264.1 is amended by adding a new paragraph (g)(11) as
follows:
Sec. 264.1 Purpose, scope and applicability.
*****
(g) * * *
(11) Universal waste handlers and universal waste transporters (as
defined in 40 CFR 260.10) handling the wastes listed below. These
handlers are subject to regulation under 40 CFR part 273, when handling
the below listed universal wastes.
(i)	Batteries as described in 40 CFR 273.2;
(ii)	Pesticides as described in 40 CFR 273.3; and
(iii)	Thermostats as described in 40 CFR 273.4.
*****
PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES
15.	The authority citation for part 265 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), 6924, 6925, 6935 and 6936.
Subpart A--General
16.	Section 265.1 is amended by adding a new paragraph (c) (14) to
read as follows:
Sec. 265.1 Purpose, scope and applicability.
*****
(c) * * *
(14) Universal waste handlers and universal waste transporters (as
defined in 40 CFR 260.10) handling the wastes listed below. These
handlers are subject to regulation under 40 CFR part 273, when handling
the below listed universal wastes.
(i)	Batteries as described in 40 CFR 273.2;
(ii)	Pesticides as described in 40 CFR 273.3; and
(iii)	Thermostats as described in 40 CFR 273.4.

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PART 266--STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES
AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES
17.	The authority citation for part 266 continues to read as
follows:
Authority: Sees. 1006, 2002(a), 3004, and 3014 of the Solid
Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act of 1976, as amended (42 U.S.C. 6905, 6912(a), 6924, and
6934.
Subpart G--Spent Lead Acid Batteries Being Reclaimed
18.	Section 266.80 is amended by revising paragraphs (a) and. (b) to
read as follows:
Sec. 266.80 Applicability and requirements.
(a)	The regulations of this subpart apply to persons who reclaim
(including regeneration) spent lead-acid batteries that are recyclable
materials ("~spent batteries'1). Persons who generate, transport, or
collect spent batterieB, who regenerate spent batteries, or who store
spent batteries but do not reclaim them (other than spent batteries
that are to be regenerated) are not subject to regulation under parts
262 through 266 or part 270 or 124 of this chapter, and also are not
subject to the requirements of section 3010 of RCRA.
(b)	Owners or operators of facilities that store spent lead acid
batteries before reclaiming (other than spent batteries that are to be
regenerated) them are subject to the following requirements.
*****
PART 268--LAND DISPOSAL RESTRICTIONS
19.	The authority citation for part 268 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921, and 6924.
Subpart A--General
20.	Section 268.1 is amended by adding paragraph (f) to read aB
follows:
Sec. 268.1 Purpose, scope and applicability.
* * * * *
(f) Universal waste handlers and universal waste transporters (as
defined in 40 CFR 260.10) are exempt from 40 CFR 268.7 and 268.50 for
the hazardous wastes listed below. These handlers are subject to
regulation under 40 CFR part 273.
(1)	Batteries as described in 40 CFR 273.2;
(2)	Pesticides as described in 40 CFR 273.3; and
(3)	Thermostats as described in 40 CFR 273.4.

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PART 270--EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE
PERMIT PROGRAM
21.	The authority citation for part 270 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912, 6924, 6925, 6927, 6939, and
6974.
Subpart A--General Information
22.	Section 270.1 is amended by adding a new paragraph (c)(2)(viii)
to read as follows:
Sec. 270.1 Purpose and scope of these regulations.
~ * ~ * +
(c) * * *
(2) * * *
(viii) Universal waste handlers and universal waste transporters
(as defined in 40 CFR 260.10) managing the waBtes listed below. These
handlers are subject to regulation under 40 part CFR 273.
(A)	Batteries aB described in 40 CFR 273.2;
(B)	Pesticides as described in 40 CFR 273.3; and
(C)	Thermostats as described in 40 CFR 273.4.
* * * * *
23. Title 40 of the Code of Federal Regulations is amended by
adding part 273 to read aB follows:

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FART 273--STANDARDS FOR UNIVERSAL WASTE MANAGEMENT
Subpart A--General
273.1	Scope.
273.2	Applicability--batteries.
273.3	Applicability--pesticides.
273.4	Applicability--thezmostatB.
273.5	Applicability--household and conditionally exempt small
quantity generator waste.
273.6	Definitions.
Subpart B--Standards for Small Quantity Handlers of Universal Waste
273.10	Applicability.
273.11	Prohibitions.
273.12	Notification.
273.13	Waste management.
273.14	Labeling/marking.
273.15	Accumulation time limits.
273.16	Employee training.
273.17	Response to releases.
273.18	Off-site shipments.
273.19	Tracking universal waste shipments.
273.20	Exports.
Subpart	C--Standards for Large Quantity Handlers of Universal Waste
273.30	Applicability.
273.31	Prohibitions.
273.32	Notification.
273.33	Waste management.
273.34	Labeling/marking.
273.35	Accumulation time limits.
273.36	Enployee training.
273.37	Response to releases.
273.38	Off-site shipments.
273.39	Tracking universal waste shipments.
273.40	Exports.
Subpart	D--Standards for Universal Waste Transporters
273.50	Applicability.
273.51	Prohibitions.
273.52	Waste management.
273.53	Accumulation time limits. [[Page 255431]
273.54	Response to releases.
273.55	Off-site shipments.
273.56	Escorts.
Subpart	E--Standards for Destination facilities
273.60	Applicability.
273.61	Off-site shipments.
273.62	Tracking universal waste shipments.
Subpart F- -Inrport requirements
273.70 InqportS.
Subpart G--Petitions to Include Other Wastes Under 40 CFR Part 273
273.80	General.
273.81	Factors for Petitions to Include Other Wastes under 40 CFR

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Part 273 -- STANDARDS FOR UNIVERSAL WASTE MANAGEMENT.
Authority: 42 U.S.C. 6922, 6923, 6924, 6925, 6930, and 6937.
Subpart A--General
Sec. 273.1 Scope.
(a)	This part establishes requirements for managing the following:
(1)	Batteries as described in 40 CFR 273.2;
(2)	Pesticides as described in 40 CFR 273.3; and
(3)	Thermostats as described in 40 CFR 273.4.
(b)	This part provides an alternative set of management standards
in lieu of regulation under 40 CFR parts 260 through 272.
Sec. 273.2 Applicability--batteries.
(a)	Batteries covered under 40 CFR part 273.
(1)	The requirements of this part apply to persons managing batteries, as
described in Sec. 273.6, except those listed in paragraph (b) of this section.
(2)	Spent lead-acid batteries which are not managed under 40 CFR
part 266, subpart G, cure subject to management under this part.
(b)	Batteries not covered under 40 CFR part 273. The requirements
of this part do not apply to persons managing the following batteries:
(1)	Spent lead-acid batteries that are managed under 40 CFR part
266, subpart G.
(2)	Batteries, as described in Sec. 273.6, that are not yet wastes
under part 261 of this chapter, including those that do not meet the
criteria for waste generation in paragraph (c) of this section.
(3)	Batteries, as described in Sec. 273.6, that are not hazardous
waste. A battery is a hazardous waste if it exhibits one or more of the
characteristics identified in 40 CFR part 261, subpart C.
(c)	Generation of waste batteries.
(1)	A used battery becomes a waste on the date it is discarded (e.g., when
sent for reclamation).
(2)	An unused battery becomes a waste on the date the handler
decides to discard it.
Sec. 273.3 Applicability--pesticides.
(a)	Pesticides covered under 40 CFR part 273. The requirements of
this part apply to persons managing pesticides, as described in
Sec. 273.6, meeting the following conditions, except those listed in
paragraph (b) of this section:
(1) Recalled pesticides that are:
(1)	Stocks of a suspended and canceled pesticide that are part of a
voluntary or mandatory recall under FIFRA Section 19 (b) , including, but
not limited to those owned by the registrant responsible for conducting
the recall; or
(ii) Stocks of a suspended or cancelled pesticide, or a pesticide
that is not in compliance with FIFRA, that are part of a voluntary
recall by the registrant.
(2)	Stocks of other unused pesticide products that are collected
and managed aB part of a waste pesticide collection program.
(b)	Pesticides not covered under 40 CFR part 273. The requirements
of this part do not apply to persons managing the following pesticides:
(1) Recalled pesticides described in paragraph (a)(1) of this
section, and unused pesticide products described in paragraph (a) (2) of

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this section, that are managed by farmers in compliance with 40 CFR
262.70. (40 CFR 262.70 addresses pesticides disposed of on the farmer's
own farm in a manner consistent with the disposal instructions on the
pesticide label, providing the container is triple rinsed in accordance
with 40 CFR 261.7(b)(3));
(2)	Pesticides not meeting the conditions set forth in paragraph
(a) of this section. These pesticides must be managed in conpliance
with the hazardous waste regulations in 40 CFR parts 260 through 272;
(3)	Pesticides that are not wastes under part 261 of this chapter,
including those that do not meet the criteria for waste generation in
paragraph (c) of this section or those that are not wastes as described
in paragraph (d) of this section; and
(4)	Pesticides that are not hazardous waste. A pesticide is a
hazardous waste if it is listed in 40 CFR part 261, subpart D or if it
exhibits one or more of the characteristics identified in 40 CFR part
261, subpart C.
(c)	When a pesticide becomes a waste, (l) A recalled pesticide
described in paragraph (a)(1) of this section becomes a waste on the
first date on which both of the following conditions apply:
(1)	The generator of the recalled pesticide agrees to participate
in the recall; and
(ii) The person conducting the recall decides to discard (e.g.,
burn the pesticide for energy recovery).
(2)	An unused pesticide product described in paragraph (a)(2) of
this section becomes a waste on the date the generator decides to
discard it.
(d)	Pesticides that are not wastes. The following pesticides are
not wastes:
(l) Recalled pesticides described in paragraph (a)(1) of this
section, provided that the person conducting the recall:
(1)	Has not made a decision to discard (e.g., burn for energy
recovery) the pesticide. Until such a decision is made, the pesticide
does not meet the definition of "solid waste11 under 40 CFR 261.2;
thus the pesticide iB not a hazardous waBte and is not Bubject to
hazardous waste requirements, including this part 273. This pesticide
remains subject to the requirements of FIFRA; or
(ii) Has made a decision to use a management option that, under 40
CFR 261.2, does not cause the pesticide to be a Bolid waBte (i.e., the
selected option is use (other than use constituting disposal) or reuse
(other than burning for energy recovery), or reclamation) . Such a
pesticide is not a solid waste and therefore is not a hazardous waste,
and is not Bubject to the hazardous waste requirements including this
part 273. This pesticide, including a recalled pesticide that is
exported to a foreign destination for use or reuBe, remains subject to
the requirements of FIFRA.
(2)	Unused peBticide products described in paragraph (a) (2) of this
section, if the generator of the unused pesticide product has not
decided to discard (e.g., bum for energy recovery) them. These
pesticides remain subject to the requirements of FIFRA.
Sec. 273.4 Applicability--mercury thermostats.
(a)	Thermostats covered under 40 CFR part 273. The requirements of
this part apply to persons managing thermostatB, as described in
Sec. 273.6, except those listed in paragraph (b) of this section.
(b)	Thermostats not covered under 40 CFR part 273. The requirements
of this part do not apply to persons managing the following
thermostats:
(1) ThermostatB that are not yet wastes under part 261 of this
chapter. Paragraph (c) of this section describes when thermostats

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become wastes.
(2) Thermostats that are not hazardous waste. A thermostat is a
hazardous waste if it exhibits one or more of the characteristics
identified in 4 0 CFR part 261, subpart C:
(c) Generation of waste thermostats. (1) A used thermostat becomes
a waste [[Page 25544]] on the date it is discarded (e.g., sent for
reclamation).
(2) An unused thermostat becomes a waste on the date the handler
decides to discard it.
Sec. 273.5 Applicability--household and conditionally exempt small
quantity generator waste.
(a)	Persons managing the wastes listed below may, at their option,
manage them under the requirements of this part:
(1)	Household wastes that are exempt under 40 CFR 261.4(b)(1) and
are also of the same type as the universal wastes defined at 40 CFR
273.6; and/or
(2)	Conditionally exempt small quantity generator wastes that are
exempt under 40 CFR 261.5 and are also of the same type as the
universal wastes defined at 40 CFR 273.6.
(b)	Persons who commingle the wastes described in paragraphs (a)(1)
and (a)(2) of this section together with universal waste regulated
under this part must manage the commingled waste under the requirements
of this part.
Sec, 273.6 Definitions.
Battery means a device consisting of one or more electrically
connected electrochemical cells which is designed to receive, store,
and deliver electric energy. An electrochemical cell is a system
consisting of an anode, cathode, and an electrolyte, plus such
connections (electrical and mechanical) as may be needed to allow the
cell to deliver or receive electrical energy. The term battery also
includes an intact, unbroken battery from which the electrolyte has
been removed.
Destination facility means a facility that treats, disposes of, or
recycles a particular category of universal waste, except those
management activities described in Sec. 273.13 (a) and (c) and
Sec. 273.33 (a) and (c) . A facility at which a particular category of
universal waste is only accumulated, is not a destination facility for
purposes of managing that category of universal waste.
FIFRA means the Federal Insecticide, Fungicide, and Rodenticide Act
(7 U.S.C. 136-136y).
Generator means any person, by site, whose act or process produces
hazardous waste identified or listed in part 261 of this chapter or
whose act first causes a hazardous waste to become subject to
regulation.
Laroe Quantity Handler of Universal Waste means a universal waste
handler (as defined in this section) who accumulates 5,000 kilograms or
more total of universal waste (batteries, pesticides, or thermostats,
calculated collectively) at any time. This designation as a large
quantity handler of universal waste is retained through the end of the
rnicnri«r year in which 5,000 kilograms or more total of universal waste
is accumulated.

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On-site means the same or geographically contiguous property which
may be divided by public or private right-of-way, provided that 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 of way. Non-contiguous properties owned by the same person but
connected by a right-of-way which he controls and to which the public
does not have access, are also considered on-site property.
Pesticide means any substance or mixture of substances intended for
preventing, destroying, repelling, or mitigating any pest, or intended
for use as a plant regulator, defoliant, or desiccant, other than any
article that:
(a)	Is a new animal drug under FFDCA section 201(w), or
(b)	Is an animal drug that has been determined by regulation, of the
Secretary of Health and Human Services not to be a new animal drug, or
(c)	Is an animal feed under FFDCA section 201(x) that bears or
contains any substances described by paragraph (a) or (b) of this
section.
Small Quantity Handler of Universal Waste means a universal waste
handler (as defined in this section) who does not accumulate more than
5,000 kilograms total of universal waste (batteries, pesticides, or
thermostats, calculated collectively) at any time.
Thermostat means a temperature control device that contains
metallic mercury in an ampule attached to a bimetal sensing element,
and mercury-containing ampules that have been removed from these
temperature control devices in compliance with the requirements of 40
CFR 273.13(c)(2) or 273.33(c)(2).
Universal Waste means any of the following hazardous wastes that
are subject to the universal waste requirements of 40 CFR part 273:
(a)	Batteries as described in 40 CFR 273.2;
(b)	Pesticides as described in 40 CFR 273.3; and
(c)	Thermostats as described in 40 CFR 273.4.
Universal WaBte Handler:
(a)	Means:
(1)	A generator (as defined in this section) of universal waste; or
(2)	The owner or operator of a facility, including all contiguous
property, that receives universal waste from other universal waste
handlers, accumulates universal waste, and sends universal waste to
another universal waBte handler, to a destination facility, or to a
foreign destination.
(b)	Does not mean:
(1)	A person who treats (except under the provisions of 40 CFR
273.13 (a) or (c), or 273.33 (a) or (c)), disposes of, or recycles
universal waste; or
(2)	A person engaged in the off-site transportation of universal
waste by air, rail, highway, or water, including a universal waste
transfer facility.
Universal Waste Transfer Facility means any transportation-related
facility including loading docks, parking areas, storage areas and
other similar areas where shipments of universal waste are held during
the normal course of transportation for ten days or less.
Universal Waste Transporter means a person engaged in the off-site
transportation of universal waste by air, rail, highway, or water.

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Subpart B--Standards for Small Quantity Handlers of Universal Waste
Sec. 273.10 Applicability.
This subpart applies to small quantity handlers of universal waste
(as defined in 40 CFR 273.6).
Sec. 273.11 Prohibitions.
A small quantity handler of universal waste is:
(a)	Prohibited from disposing of universal waste; and
(b)	Prohibited from diluting or treating universal waste, except by
responding to releases as provided in 40 CFR 273.17; or by managing
specific wastes as provided in 40 CFR 273.13.
Sec. 273.12 Notification.
A small quantity handler of universal waste is not required to
notify EPA of universal waste handling activities.
Sec. 273.13 Waste management.
(a) Universal waste batteries. A small quantity handler of
universal waste must manage universal waste batteries in a way that
prevents releases of any universal waste or component of a universal
waste to the environment, as follows:
(1)	A small quantity handler of universal waste must contain any
universal waBte battery that shows evidence of leakage, spillage, or
damage that could cause leakage under reasonably foreseeable conditions
in a container. The container must be closed, structurally sound,
compatible with the contents of the battery, and must lack evidence of
leakage, spillage, or damage that could cause leakage under reasonably
foreseeable conditions. [[Page 25545]]
(2)	A small quantity handler of universal waste may conduct the
following activities as long as the casing of each individual battery
cell is not breached and remains intact and closed (except that cells
may be opened to remove electrolyte but must be immediately closed
after removal):
(i)	Sorting batteries by type;
(ii)	Mixing battery types in one container;
(iii)	Discharging batteries so as to remove the electric charge;
(iv)	Regenerating used batteries;
(v)	Disassembling batteries or battery packs into individual
batteries or cells;
(vi)	Removing batteries from consumer products; or
(vii)	Removing electrolyte from batteries.
(3)	A small quantity handler of universal waste who removes
electrolyte from batteries, or who generates other solid waste (e.g.,
battery pack materials, discarded consumer products) as a result of the
activities liBted above, must determine whether the electrolyte and/or
other solid waste exhibit a characteristic of hazardous waste
identified in 40 CFR part 261, subpart C.
(i)	If the electrolyte and/or other solid waste exhibit a
characteristic of hazardous waste, it is subject to all applicable
requirements of 40 CFR partB 260 through 272. The handler is considered
the generator of the hazardous electrolyte and/or other waste and is
subject to 40 CFR part 262.
(ii)	If the electrolyte or other solid waste is not hazardous, the
handler may manage the waste in any way that is in compliance with
applicable federal, state or local solid waste regulations.

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(b)	Universal waste pesticides. A small quantity handler of
universal waste must manage universal waste pesticides in a way that
prevent releases of any universal waste or component of a universal
waste to the environment. The universal waste pesticides must be
contained in one or more of the following:
(1)	A container that remains closed, structurally sound, compatible
with the pesticide, and that lacks evidence of leakage, spillage, or
damage that could cause leakage under reasonably foreseeable
conditions; or
(2)	A container that does not meet the requirements of paragraph
(b) (1) of this Section, provided that the unacceptable container is
overpacked in a container that does meet the requirements of paragraph
(b)(1) of this Section; or
(3)	A tank that meets the requirements of 40 CFR part 265 subpart
J, except for 40 CFR 265.197(c), 265.200, and 265.201; or
(4)	A transport vehicle or vessel that is closed, structurally
sound, compatible with the pesticide, and that lacks evidence of
leakage, spillage, or damage that could cause leakage under reasonably
foreseeable conditions.
(c)	Universal waste thermostats. A small quantity handler of
universal waste must manage universal waste thermostats in a way that
prevents releases of any universal waste or component of a universal
waste to the environment, as follows:
(1)	A small quantity handler of universal waste must contain any
universal waste thermostat that shows evidence of leakage, spillage, or
damage that could cause leakage under reasonably foreseeable conditions
in a container. The container must be closed, structurally sound,
compatible with the contents of the thermostat, and must lack evidence
of leakage, spillage, or damage that could cause leakage under
reasonably foreseeable conditions.
(2)	A small quantity handler of universal waste may remove mercury-
containing ampules from universal waste thermostats provided the
handler:
(i)	Removes the ampules in a manner designed to prevent breakage of
the ampuleB;
(ii)	Removes ampules only over or in a containment device (e.g.,
tray or pan sufficient to collect and contain any mercury released from
an ampule in case of breakage);
(iii)	Ensures that a mercury clean-lip Bystem is readily available
to immediately transfer any mercury resulting from spills or leaks from
broken ampules, from the containment device to a container that meets
the requirements of 40 CFR 262.34;
(iv)	Immediately transfers any mercury resulting from spills or
leaks from broken ampules from the containment device to a container
that meets the requirements of 40 CFR 262.34;
(v)	Ensures that the area in which ampules are removed is well
ventilated and monitored to ensure compliance with applicable OSHA
exposure levels for mercury;
(vi)	Ensures that employees removing ampules are thoroughly
familiar with proper waste mercury handling and emergency procedures,
including transfer of mercury from containment devices to appropriate
containers;
(vii)	Stores removed ampules in closed, non-leaking containers that
are in good condition;
(viii)	Packs removed ampules in the container with packing
materials adequate to prevent breakage during storage, handling, and
transportation; and
(3)	(i) A small quantity handler of universal waste who removes
mercury-containing ampules from thermostats must determine whether the
following exhibit a characteristic of hazardous waste identified in 40
CFR part 261, subpart C:
(A) Mercury or clean-up residues resulting from spills or leaks;
and/or

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(B) Other Bolid waste generated as a result of the removal of
mercury-containing ampules (e.g., remaining thermostat units).
(ii)	If the mercury, residues, and/or other solid waste exhibit a
characteristic of hazardous waste, it must be managed in compliance
with all applicable requirements of 40 CFR parts 260 through 272. The
handler is considered the generator of the mercury, residues, and/or
other waste and must manage it is subject to 40 CFR part 262.
(iii)	If the mercury, residues, and/or other solid waste is not
hazardous, the handler may manage the waste in any way that is in
compliance with applicable federal, state or local solid waste
regulations.
Sec. 273.14 Labeling/marking.
A small quantity handler of universal waste must label or mark the
universal waste to identify the type of universal waste as specified
below:
(a)	Universal waste batteries (i.e., each battery), or a container
in which the batteries are contained, must be labeled or marked clearly
with any one of the following phrases: ""Universal Waste--Battery(ies),
or ""Waste Battery(ies)' or ""Used Battery(ies);11
(b)	A container, (or multiple container package unit), tank,
transport vehicle or vessel in which recalled universal waste
pesticides as described in 40 CFR 273.3(a)(1) are contained must be
labeled or marked clearly with:
(1)	The label that was on or accompanied the product as sold or
distributed; and
(2)	The words ""Universal Waste-Pesticide(s)'1 or ""Waste-
Pesticide (s) ; 1 1
(c)	A container, tank, or transport vehicle or vessel in which
unused pesticide products as described in 40 CFR 273.3(a)(2) are
contained must be labeled or marked clearly with:
(1)	(i) The label that was on the product when purchased, if still
legible;
(ii)	If using the labels described in paragraph (c)(1)(i) of this
section is not feasible, the appropriate label aB required under the
Department of Transportation regulation 49 CFR part 172;
(iii)	If using the labels described in paragraphs (c) (1) (i) and
(ii) of this section is not feasible, another label prescribed or
designated by the waste [[Page 25546]] pesticide collection program
administered or recognized by a state; and
(2)	The words ""Universal Waste-Pesticide(s)1' or ""Waste-
Pesticide (s) .' 1
(d)	Universal waste thermostats (i.e., each thermostat), or a
container in which the thermostats are contained, must be labeled or
marked clearly with any one of the following phrases: ""Universal
Waste--Mercury Thermostat(b),'• or ""Waste Mercury Thermostat(s)or
""Used Mercury Thermostat(s)''.
Sec. 273.15 Accumulation time limits.
(a)	A small quantity handler of universal waste may accumulate
universal waste for no longer than one year from the date the universal
waste is generated, or received from another handler, unless the
requirements of paragraph (b) of this section are met.
(b)	A small quantity handler of universal waste may accumulate
universal waste for longer than one year from the date the universal
waste is generated, or received from another handler, if such activity

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is solely for the purpose of accumulation of such quantities of
universal waste as necessary to facilitate proper recovery, treatment,
or disposal. However, the handler bears the burden of proving that such
activity is solely for the purpose of accumulation of Buch quantities
of universal waste as necessary to facilitate proper recovery,
treatment, or disposal.
(c) A small quantity handler of universal waste who accumulates
universal waste must be able to demonstrate the length of time that the
universal waste has been accumulated from the date it becomes a waste
or is received. The handler may make this demonstration by:
(1)	Placing the universal waste in a container and marking or
labeling the container with the earliest date that any universal waste
in the container became a waste or was received;
(2)	Marking or labeling each individual item of universal waste
(e.g., each battery or thermostat) with the date it became a waste or
was received;
(3)	Maintaining an inventory Bystem on-Bite that identifies the
date each universal waste became a waste or waB received;
(4)	Maintaining an inventory system on-site that identifies the
earliest date that any universal waste in a group of universal waste
items or a group of containers of universal waste became a waste or was
received;
(5)	Placing the universal waste in a specific accumulation area and
identifying the earliest date that any universal waste in the area
became a waste or was received; or
(6)	Any other method which clearly demonstrates the length of time
that the universal waste has been accumulated from the date it becomes
a waste or is received.
Sec. 273.16 Employee training.
A small quantity handler of universal waste must inform all
employees who handle or have responsibility for managing universal
waste. The information must describe proper handling and emergency
procedures appropriate to the type(s) of universal waste handled at the
facility.
Sec. 273.17 Response to releases.
(a)	A small quantity handler of universal waste must immediately
contain all releases of universal wastes and other residues from
universal wastes.
(b)	A small quantity handler of universal waste must determine
whether any material resulting from the release is hazardous waste, and
if so, must manage the hazardous waste in compliance with all
applicable requirements of 40 CFR parts 260 through 272. The handler is
considered the generator of the material resulting from the release,
and must manage it in compliance with 40 CFR part 262.
Sec. 273.18 Off-site shipments.
(a)	A small quantity handler of universal waste is prohibited from
sending or taking universal waste to a place other than another
universal waste handler, a destination facility, or a foreign
destination.
(b)	If a small quantity handler of universal waste self-transports
universal waste off-site, the handler becomes a universal waste
transporter for those self-transportation activities and must comply

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with the transporter requirements of subpart D of this part while
transporting the universal waste.
(c)	If a universal waBte being offered for off-site transportation
meets the definition of hazardous materials under 49 CFR parts 171
through 180, a small-quantity handler of universal waste must package,
label, mark and placard the shipment, and prepare the proper shipping
papers in accordance with the applicable Department of Transportation
regulations under 49 CFR parts 172 through 180;
(d)	Prior to sending a shipment of universal waste to another
universal waste handler, the originating handler must ensure that the
receiving handler agreeB to receive the shipment.
(e)	If a small quantity handler of universal waste sends a shipment
of universal waste to another handler or to a destination facility and
the shipment is rejected by the receiving handler or destination
facility, the originating handler must either:
(1)	Receive the waste back when notified that the shipment has been
rejected, or
(2)	Agree with the receiving handler on a destination facility to
which the shipment will be sent.
(f)	A small quantity handler of universal waste may reject a
shipment containing universal waste, or a portion of a shipment
containing universal waste that he has received frcan another handler.
If a handler rejects a shipment or a portion of a shipment, he must
contact the originating handler to notify him of the rejection and to
discuss reshipment of the load. The handler must:
(1)	Send the shipment back to the originating handler, or
(2)	If agreed to by both the originating and receiving handler,
send the shipment to a destination facility.
(g)	If a small quantity handler of universal waste receives a
shipment containing hazardous waste that is not a universal waste, the
handler must immediately notify the appropriate regional EPA office of
the illegal shipment, and provide the name, address, and phone number
of the originating shipper. The EPA regional office will provide
instructions for managing the hazardous waste.
(h)	If a small quantity handler of universal waste receives a
shipment of non-hazardous, non-universal waste, the handler may manage
the waste in any way that is in compliance with applicable federal,
state or local solid waste regulations.
Sec. 273.19 Tracking universal mBte shipments.
A small quantity handler of universal waste is not required to keep
records of shipments of universal waste.
Sec. 273.20 Exports.
A small quantity handler of universal waste who sends universal
waste to a foreign destination must:
(a)	Comply with the requirements applicable to a primary exporter
in 40 CFR 262.53, 262.56(a) (1) through (4), (6), and (b) and 262.57;
(b)	Export such universal waste only upon consent of the receiving
country and in conformance with the EPA Acknowledgement of Consent as
defined in subpart E of part 262 of this chapter; and
(c)	Provide a copy of the EPA Acknowledgment of Consent for the
shipment to the transporter transporting the shipment for export.

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[[Page 25547]]
Subpart C--Standards for Large Quantity Handlers of Universal Waste
Sec. 273.30 Applicability.
This subpart applies to large quantity handlers of universal waste
(as defined in 40 CFR 273.6).
Sec. 273.31 Prohibitions.
A large quantity handler of universal waste is:
(a)	Prohibited from disposing of universal waste; and
(b)	Prohibited from diluting or treating universal waste, except by
responding to releases aB provided in 40 CFR 273.37; or by managing
specific wastes as provided in 40 CFR 273.33.
Sec. 273.32 Notification.
(a)(1)	Except as provided in paragraphs (a) (2) and (3) of this
section, a large quantity handler of universal waste muBt have sent
written notification of universal waste management to the Regional
Administrator, and received an EPA Identification Number, before
meeting or exceeding the 5,000 kilogram storage limit.
(2)	A large quantity handler of universal waste who has already
notified EPA of his hazardous waBte management activities and has
received an EPA Identification Number is not required to renotify under
this section.
(3)	A large quantity handler of universal waste who manages
recalled universal waste pesticides as described in 40 CFR 273.3(a)(1)
and who has sent notification to EPA as required by 40 CFR part 165 is
not required to notify for those recalled universal waste pesticideB
under this section.
(b)	This notification must include:
(1)	The universal waste handler's name and mailing address,-
(2)	The name and business telephone number of the person at the
universal waste handler1s site who should be contacted regarding
universal waBte management activities;
(3)	The address or physical location of the universal waste
management activities;
(4)	A list of all of the types of universal waste managed by the
handler (e.g, batteries, pesticides, thermostats);
(5)	A statement indicating that the handler is accumulating more
than 5,000 kilograms of universal waste at one time and the types of
universal waste (e.g, batteries, pesticides, thermostats) the handler
is accumulating above this quantity.
Sec. 273.33 Waste management.
(a) Universal waste batteries. A large quantity handler of
universal waste must manage universal waste batteries in a way that
prevents releases of any universal waste or component of a universal
waste to the environment, as follows:
(1) A large quantity handler of universal waste must contain any
universal waste battery that shows evidence of leakage, spillage, or
damage that could cause leakage under reasonably foreseeable conditions
in a container. The container must be closed, structurally sound,
compatible with the contents of the battery, and must lack evidence of
leakage, spillage, or damage that could cause leakage under reasonably
foreseeable conditions.

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A large quantity handler of universal waste may conduct the
folic ng activities as long as the casing of each individual battery
cell not breached and remains intact and closed (except that cells
may opened to remove electrolyte but must be immediately closed
afte: removal):
(i)	Sorting batteries by type;
(ii)	Mixing battery types in one container;
(iii)	Discharging batteries so as to remove the electric charge;
(iv)	Regenerating used batteries;
(v)	Disassembling batteries or battery packs into individual
batteries or cells;
(vi)	Removing batteries from consumer products; or
(vii)	Removing electrolyte from batteries.
(3) A large quantity handler of universal waste who removes
electrolyte from batteries, or who generates other solid waste '(e.g.,
battery pack materials, discarded consumer products) as a result of the
activities lister? above, must determine whether the electrolyte and/or
other solid wast: exhibit a characteristic of hazardous waste
identified in 40 CFR part 261, subpart C.
(i)	If the electrolyte and/or other solid waste exhibit a
characteristic of hazardous waste, it must be managed in compliance
with all applicable requirements of 40 CFR parts 260 through 272. The
handler is considered the generator of the hazardous electrolyte and/or
other waste and is subject to 40 CFR part 262.
(ii)	If the electrolyte or other solid waste is not hazardous, the
handler may manage the waste in any way that is in compliance with
applicable federal, state or local solid waste regulations.
(b)	Pniversal waste pesticides. A large quantity handler of
universal waste must manage universal waste pesticides in a way that
prevents releases of any universal waste or component of a universal
waste to the environment. The universal waste pesticides must be
contained in one or more of the following:
(1)	A container that remains closed, structurally sound, conpatible
with the pesticide, and that lacks evidence of leakage, spillage, or
damage that could cause leakage under reasonably foreseeable
conditions; or
(2)	A container that does not meet the requirements of paragraph
(b)(1) of this section, provided that the unacceptable container is
overpacked' in a container that doeB meet the requirements of paragraph
(b)(1) of this section; or
(3)	A tank that meets the requirements of 40 CFR part 265 subpart
J, except for 40 CFR 265.197(c), 265.200, and 265.201; or
(4)	A transport vehicle or vessel that is closed, structurally
sound, compatible with the pesticide, and that lacks evidence of
leakage, spillage, or damage that could cause leakage under reasonably
foreseeable conditions.
(c)	Pniversal waste thermostats. A large quantity handler of
universal waste must manage universal waste thermostats in a way that
prevents releases of any universal waBte or component of a universal
waste to the environment, as follows:
(1)	A large quantity handler of universal waste must contain any
universal waste thermostat that shows evidence of leakage, spillage, or
damage that could cause leakage under reasonably foreseeable conditions
in a container. The container must be closed, structurally sound,
compatible with the contents of the thermostat, and must lack evidence
of leakage, spillage, or damage that could cause leakage under
reasonably foreseeable conditions.
(2)	A large quantity handler of universal waste may remove mercury-
containing ampules from universal waste thermostats provided the
handler:
(i) Removes the ampules in a manner designed to prevent breakage of
the ampules;

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(ii)	Removes ampules only over or in a containment device (e.g.,
tray or pan sufficient to contain any mercury released from an ampule
in case of breakage);
(iii)	Ensures that a mercury clean-up system is readily available
to immediately transfer any mercury resulting from spills or leaks from
broken ampules, from the containment device to a container that meets
the requirements of 40 CFR 262.34;
(iv)	Immediately transfers any mercury resulting from spills or
leaks from broken ampules from the containment device to a container
that meets the requirements of 40 CFR 262.34; [[Page 25548]]
(v)	Ensures that the area in which ampules are removed is well
ventilated and monitored to ensure compliance with applicable OSHA
exposure levels for mercury;
(vi)	Ensures that employees removing ampules are thoroughly
familiar with proper waste mercury handling and emergency procedures,
including transfer of mercury from containment devices to appropriate
containers;
(vii)	Stores removed ampules in closed, non-leaking containers that
are in good condition;
(viii)	Packs removed ampules in the container with packing
materials adequate to prevent breakage during storage, handling, and
transportation; and
(3) (i) A large quantity handler of universal waste who removes
mercury-containing ampules from thermostats must determine whether the
following exhibit a characteristic of hazardous waste identified in 40
CFR part 261, subpart C:
(A)	Mercury or clean-up residues resulting from spills or leaks;
and/or
(B)	Other solid waste generated as a result of the removal of
mercury-containing ampules (e.g., remaining thermostat units).
(ii)	If the mercury, residues, and/or other solid waste exhibit a
characteristic of hazardous waste, it must be managed in compliance
with all applicable requirements of 40 CFR parts 260 through 272. The
handler is considered the generator of the mercury, residues, and/or
other waBte and is subject to 40 CFR part 262.
(iii)	If the mercury, residues, and/or other solid waste is not
hazardous, the handler may manage the waste in any way that is in
conpliance with applicable federal, state or local BOlid waste
regulations.
Sec. 273.34 Labeling/marking.
A large quantity handler of universal waste must label or mark the
universal waste to identify the type of universal waste aB specified
below:
(a)	Universal waBte batteries (i.e., each battery), or a container
or tank in which the batteries are contained, must be labeled or marked
clearly with the any one of the following phrases: "Universal Waste--
Battery (ies) , ' ' or "Waste Battery (ies) , 1 1 or "UBed Battery (ies) ;1 1
(b)	A container (or multiple container package unit), tank,
transport vehicle or vessel in which recalled universal waste
pesticides as described in 40 CFR 273.3(a) (1) are contained must be
labeled or marked clearly with:
(1)	The label that was on or acconpanied the product aB sold or
distributed; and
(2)	The words "Universal Waste--Pesticide (s) " or "Waste-
Pesticide (s) ; 1 1
(c)	A container, tank, or transport vehicle or vessel in which
unused pesticide products as described in 40 CFR 273.3(a) (2) are
contained must be labeled or marked clearly with:

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(1)	(i) The label that was on the product when purchased, if still
legible;
(ii)	If using the labels described in paragraph (c)(1)(i) of this
section is not feasible, the appropriate label as required under the
Department of Transportation regulation 49 CFR part 172;
(iii)	If using the labels described in paragraphs (c) (1)(i) and
(1)(ii) of this section is not feasible, another label prescribed or
designated by the pesticide collection program; and
(2)	The words "Universal Waste--Pesticide (s) ' ' or ""Waste--
Pesticide(s).*'
(d) Universal waste thermostats (i.e., each thermostat), or a
container or tank in which the thermostats are contained, must be
labeled or marked clearly with any one of the following phrases:
""Universal Waste--Mercury Thermostat(b),'1 or ""Waste Mercury
Thermostat(s),11 or ""Used Mercury Thermostat(s).
Sec. 273.35 Accumulation time limits.
(a)	A large quantity handler of universal waste may accumulate
universal waste for no longer than one year from the date the universal
waste is generated, or received from another handler, unless the
requirements of paragraph (b) of this section are met.
(b)	A large quantity handler of universal waste may accumulate
universal waBte for longer than one year from the date the universal
waste is generated, or received from another handler, if such activity
is solely for the purpose of accumulation of such quantities of
universal waste as necessary to facilitate proper recovery, treatment,
or disposal. However, the handler bears the burden of proving that such
activity was solely for the purpose of accumulation of such quantities
of universal waste as necessary to facilitate proper recovery,
treatment, or disposal.
(c)	A large quantity handler of universal waste must be able to
demonstrate the length of time that the universal waste has been
accumulated from the date it becomes a waste or is received. The
handler may make this demonstration by:
(1)	Placing the universal waste in a container and marking or
labeling the container with the earliest date that any universal waste
in the container became a waste or was received;
(2)	Marking or labeling the individual item of universal waste
(e.g., each battery or thermostat) with the date it became a waste or
was received;
(3)	Maintaining an inventory system on-site that identifies the
date the universal waste being accumulated became a waste or was
received;
(4)	Maintaining an inventory system on-site that identifies the
earliest date that any universal waste in a group of universal waste
items or a group of containers of universal waste became a waste or was
received;
(5)	Placing the universal waste in a specific accumulation area and
identifying the earliest date that any universal waste in the area
became a waste or was received; or
(6)	Any other method which clearly demonstrates the length of time
that the universal waste has been accumulated from the date it becomes
a waste or is received.
Sec. 273.36 Employee training.
A large quantity handler of universal waste must ensure that all
employees are thoroughly familiar with proper waste handling and

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emergency procedures, relative to their responsibilities during normal
facility operations and emergencies.
Sec. 273.37 Response to releases.
(a)	A large quantity handler of universal waste must immediately
contain all releases of universal wastes and other residues from
universal wastes.
(b)	A large quantity handler of universal waste must determine
whether any material resulting from the release is hazardous waste, and
if so, must manage the hazardous waste in compliance with all
applicable requirements of 40 CFR partB 260 through 272. The handler is
considered the generator of the material resulting from the release,
and is subject to 40 CFR part 262.
Sec. 273.38 Off-Bite shipments.
(a)	A large quantity handler of universal waste is prohibited from
sending or taking universal waste to a place other than another
universal waste handler, a destination facility, or a foreign
destination.
(b)	If a large quantity handler of universal waste self-transports
universal waste off-Bite, the handler becomes a universal waste
transporter for those self-transportation activities and must comply
with the transporter requirements of subpart D of this part while
transporting the universal waste.
(c)	If a universal waste being offered for off-site transportation
meets the definition of hazardous materials under 49 CFR 171 through
180, a large [[Page 25549]] quantity handler of universal waste must
package, label, mark and placard the shipment, and prepare the proper
shipping papers in accordance with the applicable Department of
Transportation regulations under 49 CFR parts 172 through 180;
(d)	Prior to sending a shipment of universal waste to another
universal waste handler, the originating handler must ensure that the
receiving handler agrees to receive the shipment.
(e)	If a large quantity handler of universal waste sends a shipment
of universal waste to another handler or to a destination facility and
the shipment is rejected by the receiving handler or destination
facility, the originating handler must either:
(1)	Receive the waste back when notified that the shipment has been
rejected, or
(2)	Agree with the receiving handler on a destination facility to
which the shipment will be sent.
If) A large quantity handler of universal waste may reject a
shipment containing universal waste, or a portion of a shipment
containing universal waste that he has received from another handler.
If a handler rejects a shipment or a portion of a shipment, he must
contact the originating handler to notify him of the rejection and to
discuss reshipment of the load. The handler must:
(1)	Send the shipment back to the originating handler, or
(2)	If agreed to by both the originating and receiving handler,
send the shipment to a destination facility.
(g) If a large quantity handler of universal waste receives a
shipment containing hazardous waste that is not a universal waste, the
handler must immediately notify the appropriate regional EPA office of

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the illegal shipment, and provide the name, address, and phone number
of the originating shipper. The EPA regional office will provide
instructions for managing the hazardous waste.
(h) If a large quantity handler of universal waste receives a
shipment of non-hazardous, non-universal waste, the handler may manage
the waste in any way that is in compliance with applicable federal,
state or local solid waste regulations.
Sec. 273.39 Tracking universal waste shipments.
(a)	Receipt of shipments. A large quantity handler of universal
waste must keep a record of each shipment of universal waste received
at the facility. The record may take the form of a log, invoice,
manifest, bill of lading, or other shipping document. The record for
each shipment of universal waste received must include the following
information:
(1)	The name and address of the originating universal waste handler
or foreign shipper from whom the universal waste was sent;
(2)	The quantity of each type of universal waste received (e.g.,
batteries, pesticides, thermostats);
(3)	The date of receipt of the shipment of universal waste.
(b)	Shipments off-site. A large quantity handler of universal waste
must keep a record of each shipment of universal waste sent from the
handler to other facilities. The record may take the form of a log,
invoice, manifest, bill of lading or other shipping document. The
record for each shipment of universal waste sent must include the
following information:
(1)	The name and address of the universal waste handler,
destination facility, or foreign destination to whom the universal
waste was sent;
(2)	The quantity of each type of universal waste sent (e.g.,
batteries, pesticides, thermostats);
(3)	The date the shipment of universal waste left the facility.
(c)	Record retention. (1) A large quantity handler of universal
waste must retain the records described in paragraph (a) of this
section for at least three years from the date of receipt of a shipment
of universal waste.
(2) A large quantity handler of universal waste must retain the
records described in paragraph (b) of this section for at least three
years from the date a shipment of universal waste left the facility.
Sec. 273.40 Exports.
A large quantity handler of universal waste who sends universal
waste to a foreign destination must:
(a)	Comply with the requirements applicable to a primary exporter
in 40 CFR 262.53, 262.56(a)(1) through (4), (6), and (b) and 262.57;
(b)	Export such universal waste only upon consent of the receiving
country and in conformance with the EPA Acknowledgement of Consent as
defined in subpart E of part 262 of this chapter; and
(c)	Provide a copy of the EPA Acknowledgement of Consent for the
shipment to the transporter transporting the shipment for export.

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Subpart D--Standards for Universal Waste Transporters
Sec. 273.50 Applicability.
This subpart applies to universal waste transporters (as defined in
40 CFR 273.6).
Sec. 273.51 Prohibitions.
A universal waste transporter is:
(a)	Prohibited from disposing of universal waste; and
(b)	Prohibited from diluting or treating universal waste, except by-
responding to releases as provided in 40 CFR 273.54.
Sec. 273.52 Waste management.
(a)	A universal waste transporter must comply with all applicable
U.S. Department of Transportation regulations in 49 CFR part 171
through 180 for transport of any universal waBte that meets the
definition of hazardous material in 49 CFR 171.8. For purposes of the
Department of Transportation regulations, a material is considered a
hazardous waste if it is subject to the Hazardous Waste Manifest
Requirements of the U.S. Environmental Protection Agency specified in
40 CFR part 262. Because universal waste does not require a hazardous
waste manifest, it is not considered hazardous waste under the
Department of Transportation regulations.
(b)	Some universal waste materials are regulated by the Department
of Transportation as hazardous materials because they meet the criteria
for one or more hazard classes specified in 49 CFR 173.2. As universal
waste shipments do not require a manifest under 40 CFR 262, they may
not be described by the DOT proper shipping name """hazardous waste, (1)
or (s), n.o.s.1', nor may the hazardous material's proper shipping name
be modified by adding the word "waste"
Sec. 273.53 Storage time limits.
(a)	A universal waste transporter may only store the universal
waste at a universal waBte transfer facility for ten days or less.
(b)	If a universal waste transporter stores universal waste for
more than ten days, the transporter becomes a universal waste handler
and must comply with the applicable requirements of subparts B or C of
this part while storing the universal waste.
Sec. 273.54 Response to releases.
(a)	A universal waste transporter must immediately contain all
releases of universal wastes and other residues from universal wastes.
(b)	A universal waste transporter must determine whether any
material resulting from the release is hazardous waste, and if bo, it
is subject to all applicable requirements of 40 CFR parts 260 through
272. If the waste is determined to be a hazardous waste, the
transporter iB subject to 40 CFR part 262. [[Page 25550]]

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Sec. 273.55 Off-site shipments.
(a)	A universal waste transporter is pre. .ibited from transporting
the universal waste to a place other than a universal waste nandler, a
destination facility,, or a foreign destination.
(b)	If the universal waste being shipped off-site meets the
Department of Transportation's definition of hazardous materials under
49 CFR 171.8, the shipment must be properly described on a shipping
paper in accordance with the applicable Department of Transportation
regulations under 49 CFR part 172.
Sec. 273.56 ExportB.
A universal waste transporter transporting a shipment of universal
waste to a foreign destination may not accept a shipment if the
transporter knows the shipment does not conform to the EPA
Acknowledgment of Consent. In addition the transporter must ensure
that:
(a)	A copy of the EPA Acknowledgment of Consent accompanies the
shipment; and
(b)	The shipment is delivered to the facility designated by the
person initiating the shipment.
Subpart E--Standards for Destination Facilities
Sec. 273.60 Applicability.
(a)	The owner or operator of a destination facility (as defined in
40 CFR 273.6) is subject to all applicable requirements of parts 264,
265, 266, 268, 270, and 124 of this chapter, and the notification
requirement under section 3010 of RCRA:
(b)	The owner or operator of a destination facility that recycles a
particular universal waste without storing that universal waste before
it is recycled must coo^ply with 40 CFR 261.6(c) (2) .
Sec. 273.61 Off-site shipments.
(a)	The owner or operator of a destination facility is prohibited
from sending or taking universal waste to a place other than a
universal waste handler, another destination facility or foreign
destination.
(b)	The owner or operator of a destination facility may reject a
shipment containing universal waste, or a portion of a shipment
containing universal waste. If the owner or operator of the destination
facility rejects a shipment or a portion of a shipment, he must contact
the shipper to notify him of the rejection and to discuss reshipment of
the load. The owner or operator of the destination facility must:
(1)	Send the shipment back to the original shipper, or
(2)	If agreed to by both the shipper and the owner or operator of
the destination facility, send the shipment to another destination
facility.
(c)	If the a owner or operator of a destination facility receives a
shipment containing hazardous waste that is not a universal waste, the
owner or operator of the destination facility must immediately notify
the appropriate regional EPA office of the illegal shipment, and
provide the name, address, and phone number of the shipper. The EPA

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regional office will provide instructions for managing the hazardous
waste.
(d) If the owner or operator of a destination facility receives a
shipment of non-hazardous, non-universal waste, the owner or operator
may manage the waste in any way that is in compliance with applicable
federal or state solid waste regulations.
Sec. 273.62 Tracking universal waste shipments.
(a)	The owner or operator of a destination facility must keep a
record of each shipment of universal waste received at the facility.
The record may take the form of a log, invoice, manifest, bill of
lading, or other shipping document. The record for each shipment of
universal waste received must include the following information:
(1)	The name and address of the universal waste handler,
destination facility, or foreign shipper from whom the universal waste
was sent;
(2)	The quantity of each type of universal waste received (e.g.,
batteries, pesticides, thermostats);
(3)	The date of receipt of the shipment of universal waste.
(b)	The owner or operator of a destination facility must retain the
records described in paragraph (a) of this section for at least three
years from the date of receipt of a shipment of universal waste.
Subpart F--Import Requirements
Sec. 273.70 Imports.
PerBons managing universal waste that iB imported from a foreign
country into the United States are subject to the applicable
requirements of this part, immediately after the waste enters the
United States, as indicated below:
(a)	A universal waste transporter is subject to the universal waste
transporter requirements of subpart D of this part.
(b)	A universal waste handler is subject to the small or large
quantity handler of universal waste requirements of subparts B or C, as
applicable.
(c)	An owner or operator of a destination facility is subject to
the destination facility requirements of subpart E of this part.
Subpart G--Petitions to Include Other Wastes Under 40 CFR Part 273
Sec. 273.80 General.
(a)	Any person seeking to add a hazardous waste or a category of
hazardous waste to this part may petition for a regulatory amendment
under this subpart and 40 CFR 260.20 and 260.23.
(b)	To be successful, the petitioner must demonstrate to the
satisfaction of the Administrator that regulation under the universal
waste regulations of 40 CFR part 273 is: appropriate for the waste or
category of waste; will improve management practices for the waste or
category of waste; and will improve implementation of the hazardous
waste program. The petition must include the information required by 40
CFR 260.20(b) . The petition should also address as many of the factors
listed in 40 CFR 273.81 as are appropriate for the waste or waste
category addressed in the petition.

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(c) The Administrator will evaluate petitions using the factors
listed in 40 CFF. 273.61. The Administrator will grant or deny a
petition using t .e factors listed in 40 CFR 273.81. The decision will
be based on the weight of evidence showing that regulation under 40 CFR
part 273 is appropriate for the waste or category of waste, will '
improve management practices for the waste or category of waste, and
will improve implementation of the hazardous waste program.
Sec. 273.81 Factors for petitions to include other wastes under 40 CFR
part 273.
(a)	The waste or category of waste, as generated by a wide variety
of generators, is listed in subpart D of part 261 of this chapter, or
(if not listed) a proportion of the waste stream exhibits one or more
characteristics of hazardous waste identified in subpart C of part 261
of this chapter. (When a characteristic waste is added to the universal
waste regulations of 40 CFR part 273 by using a generic name to
identify the waste category (e.g., batteries), the definition of
universal waste in 40 CFR 260.10 and 273.6 will be amended to include
only the hazardous waste portion of the waste category (e.g., hazardous
waste batteries) .) Thus, only the portion of the waste stream that does
exhibit one or more characteristics (i.e., is hazardous waste) is
subject to the universal waste regulations of 40 CFR part 273;
(b)	The waste or category of waste is not exclusive to a specific
industry or group of industries, is commonly [[Page 25551]] generated
by a wide variety of types of establishments (including, for example,
households, retail and commercial businesses, office complexes,
conditionally exempt small quantity generators, small businesses,
government organizations, as well as large industrial facilities);
(c)	The waste or category of waste is generated by a large number
of generators (e.g., more than 1,000 nationally) and is frequently
generated in relatively small quantities by each generator;
(d)	Systems to be used for collecting the waste or category of
waste (including packaging, marking, and labeling practices) would
ensure close stewardship of the waste;
(e)	The risk posed by the waste or category of waste during
accumulation and transport is relatively low compared to other
hazardous wastes, and specific management standards proposed or
referenced by the petitioner (e.g., waste management requirements
appropriate to be added to 40 CFR 273.13, 273.33, and 273.52; and/or
applicable Department of Transportation requirements) would be
protective of human health and the environment during accumulation and
transport;
(f)	Regulation of the waste or category of waste under 40 CFR part
273 will increase the likelihood that the waste will be diverted from
non-hazardous waste management systems (e.g., the municipal waste
stream, non-hazardous industrial or commercial waste stream, municipal
sewer or stormwater systems) to recycling, treatment, or disposal in
compliance with Subtitle C of RCRA.
(g)	Regulation of the waste or category of waste under 40 CFR part
273 will improve implementation of and compliance with the hazardous
waste regulatory program; and/or
(h)	Such other factors as may be appropriate.
[FR Doc. 95-11143 Filed 5-10-95; 8:45 am]
BILLING CODE 6560-50-P

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BASIC STRUCTURE^ OF THE UNIVERSAL WASTE SYSTEM
Small Quantity
Handler of
Universal Waste
(SQHUW)
273.6 definition
Subpari.B rcqulromenls
"O (J U
273.6-delinllion
Subpart .D -roqulremonls.
SQHUW
Subpart B
LQHUW
Subpart C
TD	CTTJ
Subpart D
Destination
Faclilty
273.G
definition
Subpart E -
requirements
Large Quantity
Handler of
Universal Waste
(LQHUW)
273.6 oofinillon
Subpart,C - tequlremenls
X) U U
273.G - doflnltlon
Subpart D -roqulremonls
	>-
SQHUW
Subpart B
LQHUW
Subpart C
o
~cr
u u
Subpart D
	t*-
Des tlnatlon
Facility
273.G
doflrilllon
Subpart E
requirements
PLEASE NOTE: Shipments of universal waslo may bo rojocted and returnod to tho originating handlor of tho universal waste,
by ihe- reccivina facility.
Acquirement, related to ofl-sije shipmonts of these "rojocted loads" are found In Part 273.18, 273.38, 273.55, and 273.61

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TABLE .1: OVERVIEW OF UNIVERSAL WASTE REGULATIONS1
Participants In
Unlvorsal Waste
Syslsm
Universal Waste
Raqulremonta
Small Quantity Handlors
of Unlvorsal Wasto
Large Quantity
Handlors of Unlvorsa!
Wasto
Unlvorsal Waste
Transporters
Dostlnatlon Facilities
Prohibitions
'1* * $ ? {"£ <6273ii 1 # %: ?

51< A ¦* «¦>': • ^ *'? *• .s ?:; £ KJs
Comply with RCRA TSDF
requirements
Notification
* j-Sfey'$¦¦¦*?:• jr
5

Comply with-DOT requlremBnlj
Comply with RCRA TSDF
requirements
Waste Managomanl
Requirements
W.&i%  ?5 § 2 73.35 s. :?>4; 'ff;?i;-5
iti riff ( - ft.M « jvvA*
*:• jx *.<;#¦' * ¦«:;;¦>. v< >,& A#
¦V^p?* <;;"X !'• */:*••? ?.¦¦ S-V f'' ¦
H C o'ni p ly^'i hCoOT; i d q ii' 1; c n i a n 15 h
:'¦'"¦"¦X*. **H#J K'ij t". X
Comply with DOT requirements
Comply with RCRA TSDF
requirements
Storage TVno Limits
<•< * * >;•• '•rN.\'¦•¦>¦¦ •>a. ki.i < i v v i> > < ?•>
?»$?
">*&}} ^•s<5 "S- ••\,;r< ,vs ;%.' <^S
^''^^¥%.§27tii35^
:i'.'!: ¦'¦¦:¦ >?'.v-i * v?HX '.v.™ : <•/•?•: >2
Compl) v-i'ii DOT requirements
Comply wi:h RCRA TSDF
requirements
Responao to Roloases
MIW
",t-\'-<':-'f-y-t-.h iy.-'}{'-'t-->r ¦¦.'<¦?¦¦
>">>¦' *
/^v< ¦< |>AW^'w,l? ¦'"*<' "
Comply with RCRA TSDF
requirements
Off-r.Hn Shlpmonls
I'Eii 1I*.
'•^V? • r J •"•¦>.;..• / .wv,',,') ', v»? • *#• ' t • J \ (1
5&s ;•>:'• ;;K.f:'^jj:v.:;'<
'>,;,JJ/'.W-',,.,XV.s¥ * •%' >,',!,^?,»v.c»'|S«V' ,.-.

Trncklno

^ "S *: >'-v'>*•'¦•'•• '•> <^:i '• *¦' ' *•'' v<¦ ^
Comply wHh DOT requirements
•A * \ i r>r;4 c •-•; h?* i h>\ fo. J C^"\k
"*.*]¦„ t\> %. < f >>v<
Cxport Requlromonts
v.'>.VV >>< v> S 'Vtvl' M.' .? ¦<¦ $/X..4-a< -
•s,k i ">.'¦• m'f*<'*"t. C '•s. .v s' > ¦; '\"'<»..

,s vc /" \;.*.&#». "•' ff* t-Clfi:
Gray (hading Indicates thai thoro Is a regulatory aoctlon In Port 27j, mo unlvorsal waslo regulations.

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The U.S. EPA's New Universal Waste Rule
40 CFR Part 273 (9/7/95)
Summary
by
David H.Kelley
Florida Department of Environmental Protection
August 1995
INTRODUCTION
In May of 1995, the U.S. Environmental Protection Agency (EPA) published and adopted
new regulations on the management of certain widely generated wastes including
hazardous waste batteries, certain pesticides, and mercury thermostats. The EPA calls
these wastes "universal wastes" since they are generated by a large number of generators
from a wide variety of sources in different settings, not just those associated with
industrial hazardous waste generation. In addition, these "universal wastes" are found in
significant amounts in municipal solid waste (MSW) and other municipal waste
management systems. The State of Florida adopted EPA's Universal Waste Rule by
reference on September 7, 1995 as Section 62-730.185, Florida Administrative Code
(F.A.C.).
These new streamlined regulations will encourage the collection and proper management
of these wastes while reducing the regulatory burdens and barriers previously affecting
generators, local governments, collection facilities and manufacturers/distributors who
want to implement collection programs. Instead of going to MSW systems, these wastes
can be diverted to permitted recycling or treatment and disposal facilities for proper
management, thereby reducing greatly the contamination of MSW and potentially the
environment with toxic chemicals, especially heavy metals such as mercury and cadmium.
Hazardous waste batteries and thermostats are believed to be two of the largest sources of
mercury and cadmium in MSW nation-wide and in Florida.
The U.S. EPA's UNIVERSAL WASTE RULE
Goals and Scope
The EPA promulgated the Universal Waste Rule (UWR) under 40 CFR Part 273 on May
11, 1995, with three goals in mind. They are to encourage resource conservation, to
improve implementation of the hazardous waste program, and to facilitate the removal of
universal wastes from the MSW and other municipal waste systems. The UWR covers
universal wastes whether or not they are to be recycled or disposed of. However, by
removing regulatory obstacles for persons wanting to collect these wastes for proper
l

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management, the EPA believes that the UWR will promote the development of recycling
programs for these wastes.
The UWR provisions will be clearer and easier to understand by the diverse group of
generators of these wastes and will not require unreasonable amounts of time or effort to
implement them. Those generators who choose to manage their wastes under the UWR
will not be required to count these wastes towards their hazardous waste accumulation,
which will be a major incentive for participation in universal waste collection programs.
Finally, the UWR will facilitate the removal of these wastes from the MSW stream based
on the collection infrastructure expected to develop due to its reduced requirements.
Universal Wastes Included
The EPA has chosen to include hazardous waste batteries, pesticides and thermostats
under the UWR at this time. In the future more hazardous wastes are expected to be
added as it is shown that they meet the UWR petition requirements.
Hazardous Waste Batteries
Any hazardous waste wet or dry cell battery may be managed under the UWR's hazardous
battery provisions. Since the UWR's provisions were designed to be simple, this will
allow the collection and co-management of mixed hazardous and non-hazardous batteries
so that generators and other handlers of these batteries will not need to make individual
determinations about their batteries or battery types.
The definition of "hazardous waste battery", however, does not include the unit or device
in which a battery is contained (e.g., a rechargeable product containing a non-easily
removable battery). A unit or device containing a hazardous battery and that is discarded
will be subject to the full hazardous waste regulations. If the unit or device is still a
product, then it would not be regulated as a universal or a hazardous waste.
In the case of lead-acid batteries, the 40 CFR 266.80 provisions still apply and most of the
handlers of these batteries that comply with these provisions are not subject to the UWR.
The one exception is the lead-acid battery regeneration facility which becomes subject to
the handler requirements under the UWR, but is exempted from the requirements for lead-
acid battery reclamation facilities under 40 CFR 266.80. This is due to the UWR's
removal of the 40 CFR 261.6 exemption for used batteries that are to be regenerated.
Regeneration facilities for other hazardous waste batteries are now also subject to the
handler requirements under the UWR.
Hazardous Waste Pesticides
Hazardous waste pesticides are the second category of wastes included under the UWR.
They include recalled pesticides which registrations have been suspended or canceled and
are part of a voluntary or mandatory recall under the Federal Insecticide, Fungicide, and
2

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Rodenticide Act (FIFRA), those that are not in compliance with FIFRA and are part of a
voluntary recall by the registrant, and stocks of other unused pesticide products that are
being collected and managed as part of a waste pesticide collection program.
Under the UWR, there are a number of exclusions listed for pesticides that would not be
covered by this rule. They include recalled pesticides, as described above, that are being
disposed of by farmers on their farms in a manner consistent with the pesticide label
disposal instructions and the container rinsing requirements provided for under 40 CFR
262.70 and 261.7(b)(3); any pesticide not meeting the conditions in the paragraph above;
pesticides that are not hazardous wastes under 40 CFR Part 261; and pesticides that aren't
considered to be wastes according to the UWR waste generation criteria for pesticides
under 40 CFR 273.3(d). Hazardous waste pesticides not meeting the other conditions in
the paragraph above are subject to full regulation under 40 CFR Parts 260 through 270 at
the point of generation.
The UWR waste generation criteria for pesticides under 40 CFR 273.3(c) and (d) specify
when a pesticide is or is not covered by its provisions. For recalled pesticides to be
covered, the generator of the pesticide must agree to participate in the recall and the
person conducting the recall must decide to discard the pesticide. At the time when both
of these conditions are met, the pesticide becomes a waste. If the person conducting the
recall sends the pesticide back for reclamation and reformulation, the pesticide would be
considered an unused commercial chemical product being reclaimed and therefore would
not be a solid or a hazardous waste. For unused pesticide products, they do not become
wastes until the generator decides to discard them. Until that decision is made, the
pesticides remain subject to FIFRA.
Hazardous Waste Thermostats
The third type of hazardous waste included under the UWR is mercury-containing
hazardous waste thermostats. Since they pose little risk during accumulation and
transport operations due to their design, the EPA decided to add them to the list of UWR
wastes. In addition, a major manufacturer of thermostats is planning on conducting a
nationwide collection and recycling program for these thermostats and needed the UWR
to help facilitate an efficient, cost-effective collection network made up of its wholesalers
and independent contractors.
The definition of thermostat includes ampoules of mercury that have been separated from
thermostats. However, the ampoules must be removed following the specific handler
management requirements under the UWR.
Participants in the Universal Waste System
There are four regulatory categories of participants in the UWR system. They are small
quantity handlers of universal waste (UW), large quantity handlers of UW, transporters,
and destination facilities.
3

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Small and Large Quantity Handlers of UW
Small and large quantity handlers of UW include generators of UW; front-line collectors
of UW such as wholesalers, retailers and local government UW collection centers; and
transporters of UW that exceed the 10-day storage limitation set out in the UWR. The
cut-off between small and large quantity handlers of UW is the accumulation of 5,000
kilograms (kg) or more of the total combined amount of UWs being accumulated. Small
quantity handlers are those that do not accumulate 5,000 kg of UW at any time while large
quantity handlers accumulate 5,000 kg or more of UW at any time. More requirements
are placed on the large quantity handlers (LQHUW) under the UWR since they are storing
and managing more UW than are the small quantity handlers (SQHUW). SQHUW and
LQHUW only accumulate or store, and perhaps transport, UW at their locations. They
do not treat (except where allowed under the UWR), dispose or recycle their UWs.
Transporters of UW
A transporter of UW is a person engaged in the off-site transportation of UW by air, rail,
highway or water. It would include any commercial transport operation or a generator
which self-transports its UW. A UW transporter must manage UWs in compliance with
all applicable U.S. DOT regulations, including the Hazardous Materials Regulations
(HMR, 49 CFR Parts 171-180). While UWs are not required to be transported under the
Uniform Hazardous Waste Manifest requirements and are therefore not considered to be a
hazardous waste by the U.S. DOT, a UW may meet the definition of a hazardous material
under the U.S. DOT's HMR. If a UW is defined as a hazardous material, then a shipping
paper with the required information (e.g., hazard class and identification number) must be
generated by the transporter.
As mentioned above, a transporter which stores UW at its transfer facility for more than
10 days becomes either a SQHUW or LQHUW depending on the amount of UW being
stored. The 10-day storage limitation applies to storage at the transfer facility and not to
the total time period from pick-up of UW to its delivery to the specified destination.
Transporters of UW may only transport UW to a SQHUW, LQHUW, destination facility,
or a foreign destination following the export requirements outlined under the UWR. The
export provisions under the UWR are essentially equivalent to the hazardous waste export
requirements except that hazardous waste manifests are not required for UW shipments.
Destination Facilities for UW
In the UWR, a destination facility is defined as a facility that treats (except for those
activities that SQHUW and LQHUW are allowed to do under the UWR), disposes of, or
recycles UW and is either a RCRA-permitted hazardous waste facility or a recycler
regulated under 40 CFR 261.6(c)(2) which does not store hazardous waste prior to
4

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recycling. These facilities may only ship UWs to SQHUW, LQHUW, other destination
facilities, or to foreign destinations in compliance with the UWR export requirements.
Since no manifests are required to accompany UW shipments, the destination facility is
required to keep records for receipt of UW shipments in the same manner as required for
LQHUW (outlined below). This will allow a comparison between outgoing shipments
from LQHUW and the receipts of UW at a destination facility. However, no specific
format is required by the EPA which believes that standard business records normally kept
by the facility can fulfill this requirement.
A destination facility may reject a shipment containing UW or a portion of that shipment.
If it does, then the facility must notify the shipper of the rejection and make plans for the
reshipment of the rejected load. The rejected load must be sent back either to the original
shipper, or to another destination facility mutually agreed upon by both the shipper and the
owner or operator of the destination facility.
If a destination facility receives a shipment containing an unauthorized hazardous waste,
the facility's owner or operator is required to immediately notify the appropriate regional
EPA office (and the Department) about the illegal shipment and provide the name,
address, and phone number of the shipper. The EPA and the Department will provide
instructions for managing the hazardous waste.
UW Handler Requirements
As mentioned previously, more stringent UWR requirements are placed on LQHUW since
they are managing larger quantities of UW. However, there are a number of requirements
that apply to both SQHUW and LQHUW. These are described in the following
paragraphs.
General
All UW handlers are prohibited from treating (except as allowed under the UWR) or
disposing of UW. There are certain management activities allowed by the UWR for
handlers of hazardous waste batteries and thermostats. These activities include sorting
batteries by type, mixing different battery types in the same container, discharging
batteries, regenerating used batteries, disassembling battery packs, removing batteries
from discarded consumer products, removing electrolyte from batteries, and removing
mercury-containing ampoules from thermostats. Any of the above activities relating to
batteries are only allowed provided that the batteries or cell casings are not breached and
remain closed and intact. Also, certain management standards have to be observed when
conducting these activities. In addition, farmers may still dispose of waste pesticides from
their own use on their farms in compliance with 40 CFR 262.70.
UW handlers are prohibited from sending or taking their UWs to a place other than
another handler, a destination facility, or a foreign destination in compliance with the
UWR's export requirements. In order to minimize or prevent rejected shipments, all UW
5

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handlers must ensure, before the shipment is sent, that the receiving facility agrees to
receive it. Also, if for some reason the shipment is rejected by the receiving facility, the
shipping handler must receive the UW shipment back or agree with the receiving facility
on a destination facility to which the shipment can be sent. If a handler receives an illegal
shipment of hazardous waste, it would follow the same procedures as outlined earlier for
destination facilities receiving such a shipment.
As for UW transporters, if the UW to be transported off-site meets the U.S. DOT's HMR
definition for a hazardous material, the handler must comply with the HMR. The handler
must package, label, mark, and placard the shipment in accordance with these
requirements and must prepare the proper shipping papers. In addition, UW handlers are
subject to the substantive Land Disposal Restrictions (LDR) under RCRA but not to the
ac rr inistrative LDR requirements including notifications or certifications to those
de. -.ination facilities who will receive their UWs.
Handlers are also subject to the same UW management requirements for hazardous waste
batteries, pesticides, and thermostats. In general, they are to manage UW in a way that
prevents releases of UWs or components of a UW to the environment. Specifically, UW
batteries, pesticides, and thermostats are to be properly stored, including provisions for
use of non-leaking containers that are in good condition in cases where there is leakage
coming from the UWs being managed.
All handlers of UW batteries and thermostats are required to label each individual UW or
container holding these UWs with the words "Universal Waste Battery(ies)/Mercury
Thermostat(s)", "Waste Battery(ies)/Mercury Thermostat(s)", or "Used
Battery(ies)/Mercury Thermostat(s)". For UW pesticides, the UWR requires more
specific labeling in addition to the general labels above. The more specific labeling would
include either the original FIFRA label in the case of a recalled pesticide, or the original
product label or the appropriate U.S. DOT HMR label in the case of an unused pesticide
being collected as part of a waste pesticide collection program.
Under the UWR, all handlers have one year to accumulate or store their UWs. However,
there is a provision to allow additional accumulation time if it is done solely for
accumulating such quantities of UWs as are necessary to facilitate proper recovery,
treatment, or disposal. Handlers must be able to clearly demonstrate the length of time
that its UWs have been accumulated through the use of a marking/labeling, inventory, or
some other appropriate method. It should also be noted that UW handlers, who are also
conditionally exempt small quantity hazardous waste generators under 40 CFR 261.5,
have the option of managing their UWs under these provisions rather than under the
UWR.
All UW handlers are responsible for responding appropriately to releases of UWs or
hazardous components of UWs. Handlers must determine if the residues resulting from
releases are hazardous waste, and if they are, manage them under the full hazardous waste
regulations. The EPA and the Department will consider any release of UW not cleaned up
6

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to constitute illegal disposal of hazardous waste which may lead to RCRA enforcement
actions. Also, any release of hazardous substances from UWs above the reportable
quantity threshold under CERCLA must be reported to the EPA and the Department.
Large Quantity Handlers of UW
There are a number of other UWR requirements that apply only to LQHUW and not to
SQHUW or differ in how they are applied. These are summarized below
All LQHUW are required to notify the EPA and receive an EPA identification number.
This does not apply to SQHUW. However, if a SQHUW anticipates accumulating 5,000
kg or more of UW at any time, it must send the notification and receive an EPA
identification number before exceeding the 5,000 kg limit.
There are exceptions to the notification requirement for LQHUW A person who only
handles UW recalled pesticides and who has already notified under FIFRA section 19(b)
and 6(g), is not required to submit a notification under the UWR. Also, if a LQHUW has
already received an EPA identification number for other hazardous waste management
activities, it is not required to re-notify the EPA under the UWR. As for other hazardous
waste activities, a separate notification would be required for each LQHUW activity
located on a non-contiguous property.
There are training requirements for both SQHUW and LQHUW. However, those for
SQHUW are less burdensome. SQHUW must inform all employees that handle or have
responsibilities for managing UWs about the proper handling and emergency procedures
that are appropriate. This can be done through distribution of either oral or written
communication. For LQHUW, their training requirements are analogous to those required
for small quantity generators of hazardous waste. All LQHUW employees handling UWs
must be thoroughly familiar with proper waste handling and emergency procedures related
to their responsibilities during normal facility operations and emergencies.
Finally, LQHUW must track receipts and shipments of all UWs managed at their facilities
SQHUW are not required to do this. The form of these required records may be a log,
invoice, bill of lading, or other shipping document and must be retained for three years.
The records for receipts and shipments must include the following information: (1) the
name and address of the UW handler, destination facility, importer or foreign destination;
(2) the quantity of each type of UW received or shipped; and (3) the date of receipt or
shipment. These records can then be compared with those of destination facilities to
insure that outgoing and incoming shipments match up.
The UWR in Florida
Florida adopted the UWR on September 7, 1995. All provisions relating to hazardous
waste batteries, pesticides, and thermostats were included. This makes Florida the first
State in the country to have adopted the complete UWR.
7

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Plans are underway to work with the Department of Agriculture and Consumer Services
(DACS), pesticide manufacturers/distributors, a rechargeable battery trade association and
a major thermostat manufacturer to set up collection programs for pesticides, nickel-
cadmium batteries and mercury-containing thermostats in Florida under the UWR
framework. In the future, new wastes such as anti-freeze, mercury-containing lamps and
other mercury-containing devices are planned to be added to the UWR system.
8

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BASIC STRUQTMRF, t"e UNIVERSAL' WASTE SYSTEM
Small Quantity
Handler of
Universal Waste
(SQHUW)
273.6 definition
Subparj.B -requirements
O
~U"
TJ
273.6-deJlnlllon
Subpart D -requirements.
-	~
SQHUW
Subpart B
LQHUW
Subpart C
TJ	U U
Subpart D
Destination
Facility
273.6
definition
Subpart E
requirements
Large Qtuantlty
Handler of
Universal Waste
(LQHUW)
273.6 definition
Subpart,C - requirements
XD	U U
273.6 • dolinilion
Subpart D -roqulroinonts
	1>-
SQHUW
Subpart B
LQHUW
Subpart C
o
TJ
U U
Subpart D
	:	
Destination
Facility
273.6
dollhltlon
Subpart E *
requirements
PLEASE NOTE: Shipments of universal wasto may bo rojocted and reiurnod to tho originating handler o( the universal waste
by the receiving facilily,
Requirements relajed to off-si|a shipments of theso "ro|octed loads" are found In Part 273.18^ 273.38, 273.55, and 273.61

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TABLE .1: OVERVIEW OF UNIVERSAL WASTE REGULATIONS1
pBrt)clpanl» In
Unlvorsal Waste
System
Unlvortal Wosls
Requlremanli
Small Quantity Handlers
of Unlvorsal Wasto
Large Quantity
Handlers of Universal
Wasto
Unlvorsal Wasto
Transporters
Destination Facilities
Prohibitions
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Comply with RCRA TSOF
requirements
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Requirements
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Labeling/Marking
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requirements ,
Storage Time Limits
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requirements
Off-SKa Chlpmonls
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vs y^'%\• ¦¦.<<•-! 4'./>*,
1 Gray ihodlng Indicates that Ihora Is a regulatory aoction In Port 273, llio unlvorsal woslo roflulalionj.

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[Federal Register: May 11, 1995]
[[Page 25491]]
Part IV
Environmental Protection Agency
40 CFR Part 9, et al.
Universal Waste Rule (Hazardous Waste Management System; Modification
of the Hazardous Waste Recycling Regulatory Program)i Pinal Rule
[[Page 25492]]
ENVIRONMENTAL PROTECTION
40 CFR Parts 9, 260, 261, 262, 264, 265, 266, 268, 270, and 273
[FRL-5201-3]
RIN 2050-AD19
Universal Waste Rule (Hazardous Waste Management System;
Modification of the Hazardous Waste Recycling Regulatory Program)
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
SUMMARY: On February 11, 1993, the Environmental Protection Agency
proposed new streamlined hazardous waste management regulations
governing the collection and management of certain widely generated
wastes (batteries, pesticides and thermostats) known as universal
wastes (58 FR 9346) . Additional information was noticed for comment on
June 20, 1994 (59 FR 31568) . Today's final rule promulgates streamlined
universal waste management regulations which are very similar to the
February 11, 1993 proposal.
The new streamlined hazardous waste management regulations
promulgated today govern the collection and management of certain
widely generated wastes identified as universal wastes. This final rule
will greatly facilitate the environmentally-sound collection and
increase the proper recycling or treatment of hazardous waste nickel
cadmium and other batteries, certain hazardous waste pesticides, and
mercury-containing thermostats. The current RCRA regulations have been
a major impediment to national collection and recycling campaigns for
these wastes. This rule will greatly eaBe the regulatory burden on
retail stores and others that wish to collect or generate these wastes.
It should greatly facilitate programs developed to reduce the quantity
of these wastes going to municipal solid waste landfills or combustors.
It will, also, assure that the wastes subject to this system will go to
appropriate treatment or recycling facilities pursuant to the full
hazardous waste regulatory controls. It also will serve as a prototype
system to which EPA may add other similar wastes in the future. A
petition process is also included through which additional waBteB could
be added to the universal waste regulations in the future. These
regulations are set forth in 40 CFR part 273.
EFFECTIVE DATE: This final rule is effective an May 11, 1995.

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ADDRESSES: The official record for this rulemaking is identified as
Docket Numbers F-93-SCSP-FFFFF and F-94 -SCSA-FFFFF and is in the EPA
RCRA Docket, located in Room M2616, U.S. EP^. (5305), 40:. M Street SW.,
Washington, DC. 20450. The docket is open from 9 a.m. tc 4 p.m., Monday
through Friday, excluding Federal holidays. To review docket materials,
the public must make an appointment by calling (202) 260-9327. The
public may copy a maximum of 100 pages from any regulatory docket at no
cost. Additional copies cost $0.15 per page.
FOR FURTHER INFORMATION CONTACT: For information concerning this final
rule contact the RCRA Hotline toll free at (800) 424-9346. In the
Washington, DC. metropolitan area, call (703) 412-9810. For further
information regarding specific aspects of this notice, contact the
Office of Solid Waste (5304), U.S. EPA, 401 H Street SW., Washington,
DC. 20460. Additional copies of this rule and supporting documentation
(e.g., fact sheet and summary of requirements) are available by mail by
calling the RCRA Hotline. A supporting document containing the Agencies
response to comments is available for review in the Docket for this
rule.
SUPPLEMENTARY INFORMATION:
Outline
I.	Background
II.	Relationship to Other Agency Activities
A.	Mercury-Containing Lamps
B.	Redefinition of Solid Waste
C.	Possible Revisions to the Hazardous Waste Characteristics
III.	Summary of Final Universal Waste Regulations
A.	Structure of Final Rule
B.	Summary of Universal Waste Requirements
1.	Wastes Covered Under the Universal waste System
2.	Requirements for Participants in the Universal WaBte System
a.	Small and Large Quantity Handlers of Universal Waste
b.	Transporters of Universal Waste
c.	Destination Facilities
3.	Import Requirements
4.	Petitions to Include Other WasteB under part 273
IV.	Detailed Discussion of Final Rule
A.	Goals of Final Rule
B.	Scope of Final Rule
1.	Recycling Versus Recycling or Disposal
2.	Wastes Included in Final Rule
a.	Hazardous Waste Batteries
b.	Lead-Acid Batteries
c.	Hazardous Waste Pesticides
d.	Hazardous Waste Thermostats
e.	Other Wastes Suggested By Commenters
f.	Used Mercury-Containing Equipment
g.	Spent Antifreeze
3.	Conditionally Exempt Small Quantity Generator waste
C.	Adding Additional Wastes in the Future
1.	Procedures For Adding New Wastes
2.	Factors for Evaluating New Wastes
a.	Final factor 40 CFR 273.81(a)
b.	Final factor 40 CFR 273.81(b)
c.	Final factor 40 CFR 273.81(c)
d.	Final factor 40 CFR 273.81(d)
e.	Final factor 40 CFR 273.81(e)
f.	Final factor 40 CFR 273.81(f)
g.	Final factor 40 CFR 273.81(g)
h.	Final factor 40 CFR 273.81(h)
i.	Proposed factors not included in the final rule

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D.	Participants in the Universal Haste System
1.	Small and Large Quantity Handlers of Universal Waste
2.	Transporters
3.	Destination Facilities
E.	Universal Waste Handler Requirements
1.	Prohibitions
a.	Prohibition on Disposal
b.	Prohibition on Treatment
c.	Prohibition on Shipments of Universal Wastes
2.	Notification
3.	Waste Management
a.	Universal Waste Batteries
b.	Universal Waste Pesticides
c.	Universal Waste Thermostats
4.	Labeling/Marking
5.	Accumulation time requirements
6.	Employee Training
7.	Response to Releases
8.	Off-site Shipments
9.	Tracking Universal Waste Shipments
10.	Exports
F.	Transporter Requirements
G.	Destination Facility Requirements
H.	Imports of Universal Waste
I.	Land Disposal Restrictions
J. Regenerated batteries
V.	State Authority
A.	Applicability of Rules in Authorized States
B.	Effect on State Authorization
C.	Comments regarding the proposed rule
D.	Universal Waste State Authorization issues
1.	Addition of New Universal Wastes to State Programs
2.	Authorization for individual universal wastes
3.	Interstate Transportation
VI.	Executive Order 12866--Regulatory Impacts
VII.	Regulatory Flexibility Analysis
VIII.	Paperwork Reduction Act
IX.	Unfunded Mandates
I. Background
Under Subtitle C of the Resource Conservation and Recovery Act
(RCRA) , the Environmental Protection Agency (EPA) has promulgated
regulations Betting forth the framework of the nation's hazardous waste
management program. These regulations are found in parts 260 through
279 of title 40 of the Code of Federal Regulations. These regulations
first identify what wastes are considered hazardous and thus are
subject to the hazardous waste regulations. Requirements are then set
forth for hazardous waste generators, transporters, and owners and
operators [[Page 25493]] of treatment, storage, and disposal facilities
(TSDs).
On February 11, 1993, the Environmental Protection Agency proposed
to add to the hazardous waste regulations a set of streamlined
requirements for collecting certain widely-dispersed hazardous wastes
(58 FR 8102), which were called ~"universal wastes.11 These wastes
share several characteristics:
--They are frequently generated in a wide variety of settings other
than the industrial settings usually associated with hazardous wastes;
-- They are generated by a vast community, the size of which poses
implementation difficulties for both those who are regulated and the
regulatory agencies charged with implementing the hazardous waste
program; and

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-- They may be present in significant volumes in non-hazardous waste
management systems.
In the preamble to the proposal, known as the "universal waste•'
proposal, the Agency-explained a number of reasons why it believed that
a streamlined regulatory system was appropriate for these wastes. See
58 FR 8102 for a detailed discussion.
230 comments were received on the proposal from environmental
groups, companies involved in universal waBte management, state and
local environmental and agricultural agencies, and trade associations.
Comments received on the proposed rule were in general very supportive
of the basic concepts behind the proposed regulations and of the
proposed regulatory approach. Commenters did suggest numerous specific
changes to the regulatory requirements that they believed would make
them easier to comply with and to implement, more protective of the
environment, and more successful at achieving the goals of the
universal waste program.
Additional information on costs and benefits of the proposal was
made available for public comment on June 20, 1994 (59 FR 31568).
Eleven comments were received on this additional information and the
Agency's responses to these comments are available in the docket for
this rule (See Addresses section above) . The Agency's responses to each
of the comments are included here.
This rule finalizes the streamlined universal waste management
system proposed on February 11, 1993 (58 FR 8102) . In general, the
final rule is very similar to the proposal. Although some of the
details of the regulatory structure have changed, the basic approach
adopted in the final rule and the majority of the particulars is the
same as that proposed. A summary of the final rule is included in
section III of this preamble. The following sections of the preamble
discuss in detail the major comments received on each of the issues
raised in the proposed rule, any differences between the proposal and
the final rule, and the Agency's reasons for making the changes. The
final regulatory text is set forth at the end of this notice. These
regulatory changes will be codified into the printed version of Title
40 of the Code of Federal Regulations in its next update, which will be
revised as of July 1, 1995.
II. Relationship to Other Agency Activities
II.A. Mercury-Containing Lamps
During development of the proposed universal waste rule it was
suggested that spent fluorescent light bulbs (known as fluorescent
lamps) might be appropriately managed under the universal waste
regulations. Mercury is used in the production of fluorescent lamps,
and as a result, a relatively high percentage of these lamps are
hazardous waste when spent because they exhibit the toxicity
characteristic for mercury. At the time of the proposal, the Agency
decided that further investigation into the issue of mercury-containing
lamps was necessary before proposing changes to the regulations
governing management of these lampB. Thus, in the February 11, 1993
universal waste proposal the Agency explained that it was not proposing
to include fluorescent lamps in the universal waste regulations but
requested comment on several issues (58 FR 8110). First, EPA requested
comment on the risks posed by these lamps in landfills or municipal
waste combustors. Second, EPA requested information on the risks of
current or developing mercury recovery technology.
A number of comments were received addressing the mercury-
containing lamps issue. Many of the commenters argued that these lamps

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should be included in the universal waste final rule. Several
commenters also suggested other regulatory alternatives for regulating
management of these lamps. A number of comments also addressed the
questions that the Agency asked in the proposal about the risks of
various management methods.
On July 27, 1994, the Agency published a proposed rule specifically
addressing the management of spent mercury-containing lamps (59 FR
38288). Information received in comments on the universal waste
proposal was used in developing the proposal on lamp management.
Two options for changing the regulations governing mercury-
containing lamps were included in the July 27, 1994 proposal. The
Agency requested comment on a number of issues, including which of the
two options should be implemented. One option was to conditionally
exempt these lamps from regulation as hazardous waste. Under this
option, mercury-containing lamps would not be considered hazardous
waste provided they are disposed of in municipal solid waste landfills
that meet certain requirements, or are recycled at mercury reclamation
facilities that meet certain requirements. In addition, generators
would be required to maintain documentation identifying the disposal or
recycling facility to which the lamps were sent.
The second option proposed was to add mercury-containing lamps to
the universal waste regulations. Under this option, mercury-containing
lamps that fail the toxicity characteristic would continue to be
regulated as hazardous waste, but would be subject to the streamlined
universal waste regulations promulgated today instead of the full
hazardous waste regulations. The July 27, 1994, proposed regulatory
text for including mercury-containing lamps in the universal waste
regulations was based on the February 11, 1993, proposed universal
waste regulations. In the July 27, 1994, proposal the Agency explained
that it expected to promulgate final universal waste regulations prior
to promulgating a final rule on mercury-containing lamps. It was noted
that if the Agency selected the universal waste option for management
of mercury-containing lamps, the final regulations would be consistent
with the final universal waste rule (59 FR 38295) .
ThuB, if in the future final rule on mercury-containing lamps the
Agency decides to add them to the universal waste regulations, the
requirements proposed on July 27, 1994, would be revised to be
consistent with the universal waste regulations promulgated today. For
example, instead of using the terminology for universal waste handlers
from the proposed rule (generators and consolidation points), the
terminology from today's final rule would be used (small and large
quantity handlers of universal waste). The concepts governing
management of mercury-containing lamps from the proposed universal
waste option (e.g., waste management controls, quantity limits for
notification), revised as appropriate in response to comments, would be
incorporated into the [[Page 25494]] universal waste regulatory
structure promulgated today.
All of the comments submitted on the universal waste proposal that
addressed the issue of how mercury-containing lamps should be regulated
and the questions concerning the risks of managing these wastes have
been included in the docket for the July 27, 1994, proposal on mercury-
containing lamps (docket number F-94-FLEP-FFFFF). The Agency will
respond to those comments in the final rule on mercury-containing lamps
together with comments submitted in response to the July 27, 1994,
proposal.

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II.B. Redefinition of Solid Haste
Over the past several yearr -'A has been exploring ways of
clarifying the ""definition of id waste1* regulations, which are the
regulations that govern hazardc- waste recycling. The goals of this
effort are to eliminate disincentives for hazardous waste recycling,
ensure that hazardous waste recycling is environmentally protective,
address areas of underregulation, and simplify the definition of solid
waste regulations to make them easier to comply with and to implement.
In mid-1992 the Agency formed a Definition of Solid Haste Task Force
which met over the course of a year with representatives of industry,
environmental groups, states, and SPA regional offices to discuss
possible options. The Task Force has published a final report
recommending various regulatory changes that could be made to
accomplish the goals of the project. The report is entitled ""Re-
engineering RCRA for Recycling: The Definition of Solid Haste Task
Force Report and Recommendations,'1 EPA publication
# EPA 530-R-94-016, and is available by calling the RCRA Hotline listed
above in the For Further Information section of this notice. It is
expected that the Agency will make decisions on how to act on the Task
Force'b recommendations within the next several months.
Today's universal waste rule arises out of some of the same past
Agency efforts as does the redefinition of solid waste project, and has
similar goals. The two projects are not concurrent, however, and each
is now in a different stage of development. Hhile this is the final
rule setting up the structure of the universal waste regulations, the
redefinition of solid waste is a longer term project that has not yet
reached the point of regulatory revisions. Several issues raised by the
universal waste rule and the redefinition project make it important
that the reader understand the interaction between these two projects.
First, the Universal Haste Rule is designed to accomplish three
general goals. These goals consist of encouraging resource conservation
while ensuring adequate protection of human health and the environment,
improving implementation of the current subtitle C hazardous waste
regulatory program, and providing incentives for individuals and
organizations to collect the unregulated portions of these universal
waste streams and manage them using the same systems developed for the
regulated portion, thereby removing these wastes from the municipal
waste stream. As discussed earlier, the goals of the Redefinition of
Solid Haste Force include eliminating disincentives for hazardous waste
recycling, ensuring that hazardous waste recycling is environmentally
protective, addressing areas of underregulation, and simplifying the
definition of solid waste regulations to make them easier to comply
with and to implement. In the universal waste proposal the Agency did
not propose to make any changes to the regulations governing facilities
recycling universal wastes (destination facilities), and has not done
.so in this final rule. Facilities recycling universal wastes are thus
subject to the same regulations as any other hazardous waste recycler.
A number of commenters suggested that the Agency should lessen the
regulatory requirements for universal waste recyclers to encourage
recycling. Although the Agency agrees that encouraging safe recycling
of these wastes is an important objective, it would be premature to
make any changes to the recycling regulations at this time.
As part of the redefinition of Bolid waste project, the Agency and
other interested parties have expended a great deal of effort analyzing
this iBsue wnfl discussing the best ways to accomplish this goal. It
would not make sense to make any changes to the recycling regulations
now, since the final results of the project are not available. Any
changes made now would not realize the benefit of the efforts put into
the project. In addition, making changes now could be very disruptive,
since it is likely that the recycling regulations will be revised again

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shortly after the universal waste regulations are in place (i.e.,
incorporated into state regulations).
The Agency's goals for universal waste recycling are the same as
for all other hazardous waste recycling. Thus, when the Agency makes
changes to the recycling regulations as part of the redefinition of
solid waste project, these changes will also be applied to universal
waste recycling.
Second, the Definition of Solid Waste Task Force recommendations
diBcuss a category of recycling called ""product stewardship.''
Depending on the direction taken by the Agency in this area there may
be some similarities to, or overlap with, the universal waste
regulations. Any regulatory changes that are made in this area as part
of the redefinition of solid waste will take into account the status of
the universal waste regulations (e.g., what wastes have been added, how
many states have implemented the regulations, and how well the system
is working). The Agency will ensure that the product stewardship
portion of the redefinition effort is coordinated with the universal
waste regulations as necessary and will not disrupt existing programs.
II.C.	Possible Revisions to the Hazardous Waste Characteristics
EPA believes the approach in this rulemaking is a useful new
approach to easing the burden while encouraging the proper management
of wastes that pose a hazard if mismanaged. There may be certain
hazardous wastes, however, for which relief beyond that provided by the
universal waste rule may be appropriate. One approach for doing so is
through reexamination of the existing toxicity characteristic. EPA is
going to expeditiously investigate what sort of effort would be
involved in developing modifications to the characteristics, what sort
of resources would be needed to do that, and consider the benefits of
such an effort against the benefits of other regulatory improvements
EPA is considering. A rulemaking to modify the characteristics might
potentially affect a significant quantity of currently regulated and
currently unregulated waste.
III.	Summary of Pinal Universal Waste Regulations
The part 273 regulations for managing universal wastes promulgated
today are substantively very similar to those proposed on February 11,
1993. Thus, the requirements that a person managing universal wastes
must follow under this final rule are very similar to those that they
would have been required to follow under the regulations as proposed.
However, in response to comments from the public on the proposal, the
Agency has made a number of changes to the regulations that the Agency
believes will improve the environmental protectivenese of the rule,
make it easier for the regulated community to comply with the
requirements, and make it easier for I [Page 25495]} implementing
agencies to implement the universal waste program.
Ill.A. Structure of the Final Rule
Although the final universal waste rule requirements are
substantively very similar to those proposed, the final rule may at
first appear to be quite different from the proposal because two major
structural changes have been made to the universal waste regulations,
40 CFR part 273. First, the terms used to refer to some of the
participants in the universal waste system have been changed in the
final rule. To make the final regulation easier to use and less
repetitive, the basic organization of the regulation has also been
changed from the proposal.
The first major revision to the structure of the regulation is that

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the terms used to refer to some of the participants in the universal
waste system have been changed. Specifically, in • ^ proposal there
were four types of regulated persons that manage ¦„ versal waste:
Generators, consolidation points, transporters, ai. destination
facilities. In the final rule there are also four types of regulated
persons. The transporter and destination facility categories are
retained as they were proposed. However, the persons who would have
been included in the proposed generator and consolidation point
categories will now fit into either the category of small quantity
handlers of universal waste (SQHUWs) or the category of large quantity
handlers of universal waste (LQHUWs). Under the proposal, the
categories of generator and consolidation point were distinguished by
the way wastes came to be at the facility. Generators generated the
waste themselves on-site, and consolidation points received the waste
from off-site. Under the final rule, the categories of large and small
handlers of universal waste are distinguished by the amount of waste
accumulated on-site at any time. LQHUWs accumulate 5,000 kilograms or
more total of universal wastes. SQHDWs accumulate less than 5,000
kilograms total.
The Agency decided to make this change for several reasons. First,
numerous commenters suggested that there should be a third category of
universal waste handler: front-line collectors of universal waste who
collect small quantities of universal waste, largely from consumers and
small businesses. These commenters pointed out that such collectors
would frequently be retail-type operations (e.g., a department or
specialty store that has a spent battery collection box) participating
in national or regional collection programs. Such front-line collectors
would likely accumulate only small quantities of universal waste
because only a minor portion of their business is devoted to managing
waste, and because they would ship wastes frequently using package
shipping services or similar systems set up by the collection programs.
Under the proposal, these front-line collectors would have been subject
to the more stringent consolidation point requirements because they
receive wastes from off-site generators.
These commenters argued that front-line collectors should be
subject to less stringent requirements than the proposed consolidation
point requirements for several reasons. One reason waB that the
universal waste they would have on-site would pose limited risk due to
the small quantities involved. Another reason was that some of the
requirements would inhibit the participation of many retail-type
operations (such as the large retail chains), thereby greatly limiting
the success of universal waste collection programs in removing these
wastes from non-hazardous waste management systems.
The Agency agrees with the concept that the activities of persons
such aB front-line collectors managing small quantities of universal
waste pose less risk and require less stringent standards than those
managing larger quantities of universal waste. Instead of adding an
additional category of front-line collectors with less stringent
standards, however, the Agency decided to extend this concept to all
persons both generating and collecting universal waste. Thus, under the
final rule, persons accumulating large quantities of universal waste
(5,000 kg or more total of universal waBte accumulated on-site) are
called large quantity handlers of universal waste, and are subject to
more stringent requirements than small quantity handlers of universal
wastes, who are persons accumulating less than 5,000 kg total of
universal waste. A handler's designation as a large quantity handler of
universal waste is retained through the end of the calendar year in
which 5,000 kilograms or more total of universal waste is accumulated.
Another reason the Agency decided to restructure the categories of
persons managing universal wastes was in response to continents received

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on the issue of recordkeeping for universal waste shipments. The Agency
had proposed that a manifest be required for shipments from final
consolidation points to destination facilities, based on the concept
that such shipments would be larger shipments and thus require closer
tracking. In addition to other issues, a number of commenters pointed
out that it is not necessarily true that shipments from consolidation
points to destination facilities will be larger shipments. For example,
shipments between consolidation points or between generators and
destination facilities may also be large shipments.
The Agency agrees that it does not necessarily make sense from a
risk perspective to require recordkeeping for certain shipments based
solely on the type of universal waste management activity conducted by
the shipper and receiver (i.e., whether the shipper generates or
collects universal waste or whether the receiver collects or disposes
of universal waste) rather than on the quantity of universal waste
handled. Thus, the Agency has decided to require recordkeeping of
LQHDWs but not SQHUWs, and to define the categories by the quantities
of waste managed.
The second major change to the structure of the rule is that it has
been reorganized. Part 273 of the proposed rule included some general
provisions in the first subpart, and then each subsequent subpart
included the regulations applicable to persons managing each specific
type of universal waste. For example, subpart B covered universal waste
batteries, and included requirements for generators, transporters,
consolidation points, and destination facilities. Subpart C covered
universal waste pesticides, and also included requirements for
generators, transporters, consolidation points, and destination
facilities.
A number of commenters pointed out that this organization was
unnecessarily repetitive, particularly since the majority of the
requirements for each type of participant in the universal waBte syBtem
was the same. In other words, the requirements for generators of
batteries (or transporters, consolidation points, or destination
facilities) were basically the same aB the requirements for generators
of pesticides (or transporters, consolidation points, or destination
facilities). These ccoanenters also noted that the rule would became
even more repetitive if additional wastes were added in the future,
since a new subpart would have to be added for each new universal
waste. These commenters suggested that the rule would be easier to use
if it were structured such that general requirements were presented
together, followed by specific differences for persons managing
particular universal wastes.
The Agency agrees with these commenters and has revised the final
rule accordingly. Subpart A of the final rule includes general
provisions such as [[Page 25496]] applicability and definitions.
Subpart B includes requirements applicable to Small Quantity Handlers
of Universal Waste. Subpart C includes requirements for Large Quantity
Handlers of Universal Waste. Subpart D covers the requirements for
transporters of universal waste. Subpart E sets forth standards for
destination facilities. Subparts F and G, respectively, include
standards for imports of universal waste and petitions to include other
wastes under Part 273.
Subparts B through E of the final rule now include all of the
requirements applicable to one type of universal waste manager,
regardless of what type of universal waste is being managed. Thus, a
universal waste manager who may be handling more than one type of
universal waste need only read the one section applicable to his or her
activities. Requirements that are different for particular waste types
are noted within the regulatory text. For example, the waste management

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sections for small and large handlers each include a subsection setting
forth the requirements applicable to management of a particular
universal waste. Subsection (c) addresses batteries, subsection (d)
pesticides, and (e) thermostats.
The Agency believes reorganization makes the final rule more user-
friendly, and thus will encourage participation in universal waste
collection programs. The Agency also believes that the regulatory
sections within the subparts are laid out simply and clearly, making it
easier to find any particular part of the regulation.
Although this reorganization does remove much of the redundancy of
the regulation (and will avoid adding repetition in the future if new
universal wastes are added to the regulations), readers may note that
the small and large quantity handler subparts of the rule remain
somewhat repetitive. This is because, although these two groups share
many of the same requirements, in three sections, the requirements are
different. These sections are notification, tracking, and employee
training. One possibility would have been to have only one handler
subpart, and specify the different requirements for small and large
quantity handlers within each of these three sections. However, the
Agency believes that the regulation will be easier for handlers to
follow if they determine once whether they are small or large handlers,
and then read only the regulations applicable to their category. Ifrus,
the Agency has decided to retain two different subparts for small and
large quantity handlers.
Figure 1 illustrates the structure of the final universal waste
management system.
[[Page 25497]]
TR11M795.010
[[Page 25498]]
XII.B. Summary of Universal Waste Requirements
This section provides a summary of the final universal waste
regulations, 40 CFR part 273. Table 1 presents a simplified overview of
the types of participants in the universal waste system and the
requirements applicable to each type of participant. Bach of the
universal waste requirements is discussed in more detail in the later
sections of this preamble.
[[Page 25499]]
TR11MY95.0X1
[[Page 25500]]
III.B.l. Wastes Covered Under the Universal Waste System
Three types of wastes are covered under the universal waste
regulations: hazardous waste batteries, hazardous waste pesticides that
are either recalled or collected in waste pesticide collection
programs, and hazardous waste thermostats. Other wastes may be added to
the universal waste regulations in the future, but at this time only
these three wastes are included.
XXX.B.2. Requirements for Participants in the Universal Waste System
As illustrated in Table 1, there are four types of participants in
the universal waste system: Small Quantity Handlers of Universal Waste,
Large Quantity Handlers of Universal Waste, Universal Waste
Transporters, and Destination Facilities. Each of these participants is

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described below.
Although there are ten basic universal waste management
requirements, individual participants in the universal waste system are
not subject to all ten requirements. Only those requirements that have
been determined to be appropriate for a given type of participant are
included in the regulations for that participant. Throughout the
universal waste regulations, each of these ten basic requirements is
addressed in regulatory sections using the same section headings. For
example, the same requirements are addressed in the off-site shipments
section for SQHUWs as are addressed in the off-site shipments sections
for LQHUWs, transporters, and destination facilities. In Borne cases not
all issues within a section were determined to be necessary for each
type of participant, so some sections do not address every issue
addressed in other sections with the same heading.
III.B.2.a. Snail and Large Quantity Handlers of Universal Waste
There are two types of handlers of universal waste. The first type
of handler is a person who generates, or creates, universal waste. This
is a person who uses batteries, pesticides, or thermostats and who
eventually decides that they are no longer usable and thus are waste.
Contractors or repair people who decide that batteries or thermostats
are no longer usable and remove them from service also generate
universal waste, and thus are handlers of universal waste. The second
type of handler is a person who receives universal waste from
generators or other handlers, consolidates the waste, and then sends it
on to other handlers, recyclers, or treatment/disposal facilities.
Universal waste handlers accumulate universal waste, but do not treat,
recycle, or dispose of the waste. Bach separate location (e.g.,
generating location or collecting location) iB considered a separate
universal waste handler. ThuB, if one company has several locations at
which universal waste is generated or collected, each location is a
separate handler.
There are two sets of regulations for handlers of universal waste.
Subpart B of part 273 sets forth the requirements that small quantity
handlers of universal waste must follow. SQHUWs do not accumulate 5,000
kilograms or more total (all universal waste categories combined) of
universal waste at their location at any time. Subpart C of part 273
sets forth the requirements that large quantity handlers of universal
waste must follow. LQHUWs accumulate 5,000 kilograms or more total (all
universal waste categories combined) of universal waste at any time.
This designation as a large quantity handler of universal waste is
retained through the end of the calendar year in which 5,000 kilograms
or more total of universal waste is accumulated, at any one time. The
Agency realizes that some handlers of universal waste who would
generally qualify as a small quantity handler may have a one-time, or
infrequent, occasion to accumulate 5,000 kg of universal waste, at any
one time, on-site, thus requiring them to comply with the large
quantity handler regulations in today's rule. The Agency did not intend
to require these handlers to cooply with the more stringent large
quantity handler requirements during subsequent years in which they do
not accumulate 5,000 kilograms or greater. The Agency clarifies in the
definition of large quantity handler of universal waste, that this
designation is retained by the handler for the remainder of the
calendar year in which 5,000 kilograms or more of universal waste was
accumulated. A handler may reevaluate his status as a large quantity
handler of universal waste in the following calendar year.
Subparts B and C each include eleven sections (see Table 1; Note:
the "Applicability1 ' section is not included in this table) . Because
most of the requirements are the same for SQHUWs and LQHUWs L they are
described together. The first sections (40 CFR 273.10 and 273.30) are

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w
r
i
o
8
O
BASIC STRUCTURE OF THE UNIVERSAL WASTE SYSTEM
Small Quantity
Handler of
Universal Waste
(SQHUW)
273.6 definition
Subpari B • requirements
TD	U U
273.6-detlnlllon
Subpari D - requirements.
	~
SQHUW
Subpart B
LQHUW
Subpart C
TD	U U
Subpart D
Destination
Facility
273.6
definition
Subpart E -
requirements
Large Quantity
Handler of
Universal Waste
(LQHUW)
273.6 - definition
Subpart.C - requirements
O
—. u u
273.6 - definition
Subpart D -requirements
	
SQHUW
Subpart B
LQHUW
Subpart C
o
o
u u
Subpart D
	S*-
Destitution
Facility
273.6 -
definition
Subpart E -
requiremenls
PLEASE NOTE: Shipments of universal waste may bo rojected and reiurned to the originating handler of the universal waste,
by Ihe receiving facility..
Requirements related to off-si|e shipments of these "rolected loads" are found in Part 273.18, 273.38. 273.55. and 273.61

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TABLE 1: OVERVIEW OF UNIVERSAL WASTE REGULATIONS'
Participants In .
Unlvarsal Waste
System
Universal Waste
¦ Requlremonts
Small Quantity Handlers
of Univorsal Wasto
Large Quantity
Handlers of Universal
Waste
t
Universal Waste
Transporters
Destination Facilities
Prohibitions

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Comply with DOT requirements
Comply with RCRA TSDF .
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Storage Tbno Limits

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-------
called "applicability,11 and explain who the subpart B and C
requirements apply to. The second sections, "prohibitions'' (40 CFR
273.11	and 273.31), prohibit handlers from disposing of, diluting, or
treating universal waste except in certain circumstances. The third
sections, ""notification,'1 are different for SQHUWs and LQHUWs. 40 CFR
273.12	notes that SQHUWs are not required to notify EPA of their "
universal waste activities and are not required to obtain an EPA
identification number. 40 CFR 273.32 requires LQHUWs to notify EPA and
to obtain an EPA identification number.
The fourth sections, ""waste management'1 (40 CFR 273.13 and
273.33), explain the requirements SQHUWs and LQHUWs must follow when
handling universal waste. They require that universal waste be managed
in a way that prevents releases to the environment, specify packaging
requirements for universal wastes, and set forth procedures that must
be followed when handling batteries (e.g. sorting battery types, mixing
battery types, disassembling battery packs, removing electrolyte,
etc.), and when removing mercury-containing ampules from thermostats.
The next BectionB, ""labeling/marking1' (40 CFR 273.14 and 273.34),
require handlers to label or mark universal wastes or containers of
universal waste to identify the type of universal waste (e.g., used
batteries, pesticides). The ""accumulation time limit'1 sections (40
CFR 273.15 and 273.35) limit the time that handlers may accumulate
universal waste to one year (with one exception), and require handlers
to be able to demonstrate that wastes are not accumulated for more than
one year. The seventh sections, ""employee training'1 (40 CFR 273.16
and 273.36), are somewhat different for SQHUWs and LQHUWs. SQHUWs must
distribute basic handling and emergency information to employees
handling universal waste. LQHUWs must ensure that employees are
familiar with waste handling and emergency procedures as appropriate
based on their responsibilities.
The eighth sections are entitled ""response to releases' 1 (40 CFR
273.17 and 273.37) and require handlers to immediately contain any
releases of universal waste and to handle residues appropriately. The
""off-site shipments'' sections (40 CFR 273.18 and 273.38) require
handlers to send universal waste only to persons within the universal
waste system and specify procedures to be followed when a shipment is
rejected by the receiving facility. The ninth sections, ""tracking
universal waste shipments'' (40 CFR 273.19 and 273.39), are different
for SQHUWs and LQHUWs. SQHUWs do not have any requirements. LQHUWs must
maintain basic records documenting shipments received at the facility
and shipments sent from the facility. The last sections, ""exports11
(40 CFR 273.20 and 273.40), [[Page 25501]] specify notification
procedures that must be followed when handlers ship universal wastes to
foreign destinations.
IXI.B.2.b. Transporters of Universal Waste
The requirements for transporters of universal waste are found in
subpart D of part 273. See Table 1. Transporters are persons who
transport universal waste from handlers of universal waste to other
handlers, destination facilities, or foreign destinations. A
transporter may be an independent shipper contracted to transport the
waste, or may be a handler who self-transports the waste. A universal
waste handler who self - transports his waste becomes a transporter for
those self-transportation activities and is subject to the requirements
of subpart D of this rule.
The universal waste rule does include some specific requirements
for transporters. However, the basic approach to transportation under
^-Vio universal waste system is that no hazardous waste manifests are
required, and transporters must comply with the Department of
Transportation (DOT) requirements that would be applicable to the waste

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if it were being transported as a product. For example, if transporting
universal waste batteries, the transporter must comply with the
appropriate DOT requirements, which are based on whether the particular
battery type is a DOT hazardous material, and if so, which DOT
hazardous material requirements apply to the specific battery type.
The universal waste transporter requirements consist of seven
sections. The first, "applicability1' (40 CFR 273.50), explains to
whom the transporter requirements apply. ""Prohibitions11 (40 CFR
273.51), prohibits transporters from disposing of, diluting, or
treating universal waste. The third section, "waste management'1 (40
CFR 273.52), explains that transporters must comply with applicable DOT
requirements if the waste they are transporting is a hazardous material
under DOT regulations. The fourth section, entitled "accumulation time
limits1' (40 CFR 273.53), notes that transporters may store waste for
up to ten days at a transfer facility during the course of
transportation. Transfer facilities are transportation related
facilities such as loading docks, parking areaB, and storage areas. If
a transporter stores waste for more than ten days at one location, the
transporter must comply with the appropriate universal waste handler
rules while storing the waste.
The fifth transporter section, ""response to releases'1 (40 CFR
273.54), requires transporters to immediately contain any releases of
universal waste and to handle residues appropriately. ""Off-site
shipments'1 (40 CFR 273.55) prohibits transporters from transporting
universal waste to any place other than a universal waste handler,
destination facility, or foreign destination. Finally, ""exports11 (40
CFR 273.56) , requires transporters to follow certain requirements for
exports of hazardous waste.
III.B.2.C. Destination Facilities
The requirements for destination facilities are found in subpart E
of part 273. See Table 1. Destination facility means a facility that
treats, disposes of, or recycles a particular category of universal
waste, except those management activities described in paragraphs (a)
and (c) of Sees. 273.13 and 273.33. A facility at which a particular
category of universal waste is only accumulated, is not a destination
facility for purposes of managing that category of universal waste.
The universal waste rules include only two specific universal waste
requirements for destination facilities. In general, however, these
facilities are subject to the same requirements that are applicable to
treatment, storage, and disposal facilities under the full hazardous
waste regulations. This includes permitting as well as general facility
standards and unit specific requirements. In addition to the full
hazardous waste requirements, there are three sections specifying
universal waste requirements for destination facilities. For the most
part these requirements simply mirror universal waste handler
requirements for receipt of universal waste, since destination
facilities also receive universal waste.
First, ""standards for destination facilities'1 (40 CFR 273.60)
indicates which of the full hazardous waste regulations destination
facilities muBt follow. These are the same full hazardous waste
regulations these facilities would be subject to if they were handling
non-universal hazardous wastes. Specifically, facilities that treat,
dispose of, and recycle universal wastes, except for those activities
described in paragraphs (a) and (c) of Sees. 273.13 and 273.33, are
subject to the permitting or interim status requirements of 40 CFR
parts 264 or 265. Facilities that recycle universal waste without
accumulating the waste before it is recycled are subject to the
recycling requirements of 40 CFR 261.6(c)(2).

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Second, -"off-site shipments'¦ (40 CFR 273.61) set6 forth
procedures for rejecting a shipment of universal waste. Finally,
"tracking universal waste shipments1' (40 CFR 273.62) requires
destination facilities to retair. rhe same records for receipt of
universal waste shipments that LQHUWs are required to retain. By
documenting receipt of universal waste shipments, these records
complete documentation of shipments sent from handlers.
XXI.B.3. Import Requirements
Subpart F of the universal waste regulations clarifies the
requirements for universal wastes that are imported. In general, once
universal waste enters the United States it is subject to the same
universal waste requirements it would be if it had been generated in
the United StateB.
IXX.B.4. Petitions to Include Other Wastes Under Part 273
Subpart G of part 273 includes two sections setting forth the
procedures to be used to petition the Agency to add additional wastes
to the universal waste regulations. Further requirements are specified
in 40 CFR 260.20 and 260.23.
XV. Detailed Discussion of Pinal Rule
rv.A. Goals of Final Rule
In the proposed part 273 regulations, EPA proposed a set of special
requirements for universal hazardous wastes which were designed to
accomplish three general goals. One goal was to encourage resource
conservation, while ensuring adequate protection of human health and
the environment. Another broad goal defined in the proposal was to
improve implementation of the current subtitle C hazardous waste
regulatory program. And, the final goal, by simplifying the
requirements and encouraging collection of these hazardous wastes, EPA
hoped to provide incentives for individuals and organizations to
collect the unregulated portions of these universal waste streams
(e.g., from households or CESQOs) and manage them using the same
systems developed for the regulated portion, thereby removing these
wastes from the municipal waste stream and minimizing their input of
hazardous constituents to municipal landfills, combustors, and
cooqposting projects. Bach of these goals is discussed below.
The first goal for the universal waste rule stated in the proposal
was to encourage resource conservation. EPA believes that today's final
rule serves to stimulate achievement of this goal. While today's final
rule applies to both universal wastes destined for recycling and those
destined for disposal, as proposed, several features of the rule remove
major obstacles faced by persons [[Page 25502}] desiring to recycle
these wastes. Today's final rule reduces the management requirements
for generators, consolidation points (in the final rule referred to as
small and large quantity handlers of universal waste), and
transporters. Destination facilities must continue to meet all
requirements, except manifesting requirements, of the subtitle C
regulations. By relaxing the standards for these handlers, collection
of universal waste is simplified, thereby, encouraging participation in
collection programs. The Agency believes that the ability to access
large quantities of universal waste from central collection centers may
encourage the development and use of safe and effective ways to recycle
these wastestreams. Conversely, limiting the rule to universal waste
destined for recycling only, may discourage the use and development of
recycling technologies as universal waste handlers may be hesitant to
participate in a program that requires knowledge that their universal
waste is recycled.

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The second goal of today's final rule is to improve implementation
of the hazardous waste program. EPA believes that today's rule, as
modified in response to comments, will have significant impactB on
waste management practices nationwide. Implementation of the hazardous
waste program will be improved by the simplified set of requirements
set forth in the rule. The provisions are now written such that they
are more easily understood by handlers of universal wastes. The Agency
believes that today's final rule is protective of human health and the
environment, will be clear and easily understood by the diverse
community which is targeted in this rule, and will not require
expending unreasonable amounts of time and effort to understand 'the
applicable requirements. The final rule also allows the part 273
regulations to be applied to all universal wastes, regardless of
whether they are destined for recycling or disposal. ThuB, compliance
and enforcement procedures are easier to inplement. Finally, because
the final rule does not require that universal waste handlers count
those universal wastes managed under part 273 toward their monthly
quantity determination, today's rule will greatly simplify the
procedures used to determine monthly hazardous waste generation rates
for universal waste handlers, thus facilitating the implementation of
the regulations.
The third goal of today's final rule is to separate universal waste
from the municipal waste stream. Under the full subtitle C regulations,
the management of waste differs based on the waste1s generation source.
That is, waste generated by consumers in their homes is not regulated
under RCRA Subtitle C when discarded, because it is excluded from the
definition of hazardous waste under 40 CFR 261.4(b)(1). Conversely, the
same waste would be subject to RCRA Subtitle C regulation if generated
by commercial establishments, industries and other non-exempt
generators. Wastes covered under the universal waste regulations
(batteries, pesticides, and mercury thermostats) are exanples of wastes
that are generated by both groups. Because the waste itself iB the
same, and therefore looks the same to waste handlers, universal waste
that belongs in a hazardous waste system may be entering municipal
solid waste landfills or coobustors instead. The Agency believeB that
today's rule is practical enough that, as an infrastructure develops
for collecting universal waste, all categories of handlers will manage
their universal waste under the part 273 requirements. Therefore, in
the final rule, management of universal waste is material-specific
rather than source-specific, therefore, universal waste, regardless of
the source of generation, should be easily managed under today's final
rule.
IV.B. Scope of Final Rule
This section discusses the scope of the final universal waste rule.
The first section discusses the question raised in the proposal of
whether the universal waste system should be limited to wastes that are
recycled, or should include both wastes that are recycled and wastes
that are treated and disposed. The second section discusses each of the
wastes that have been included in the final rule, and several wastes
that have not been included. The third section addresses another
question raised in the proposal, whether Conditionally Exempt Small
Quantity Generators (CESQGs) should be required to manage their
universal wastes under the universal waste system or have the option of
managing the waste under the existing CESQG exemption.
XV.B.l. Recycling Versus Recycling or Disposal
The Agency requested comment in the proposed universal waste rule
on whether the streamlined universal waste regulations should cover
wastes that are to be either recycled or disposed of, or whether they
should be limited only to wastes that are to be recycled. The Agency

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discussed three optionB: (1) Limiting the regulations to recycled
wastes only; (2) allowing management of wastes that are to be either
recycled or disposed of; or (3) a hybrid of options 1 and 2 under which
generators and transporters could manage waste that was to be either
recycled or disposed of under the streamlined universal waste
regulations, but the streamlined regulations would be available only to
consolidation points that send wastes on for recycling.
The proposed regulatory text was crafted following option 2: the
streamlined regulations would be applicable to both recycled and
disposed of wastes. Although limiting the regulations to recycled
wastes might encourage recycling, which the Agency supports, the Agency
explained that at the time it believed that not limiting the
regulations was the best option for a number of reasons. The vast
majority of commenters who addressed this issue agreed that the
universal waste regulations should be available for both wastes that
are recycled and wastes that are disposed of. Commenters generally
agreed with the Agency's basis for not limiting the regulations and
also discussed additional supporting factors. Based on these comments,
the Agency has decided to include both recycled and disposed of
universal wastes under the final universal waste regulations of part
273. The main reasons that commenters supported this approach and that
the Agency has chosen this approach for the final rule are discussed
below.
Not limiting the universal waste system to recycled waste makes the
regulations much less complex and more user friendly, thus encouraging
participation in universal waste collection programs. Persons are more
likely to be willing to participate in collection programs if they are
not required to determine whether recycling is available and cost
effective, particularly in situations where recycling markets and
capacity are volatile. In these cases it may not actually be possible
to make such a determination early in the collection system, and the
determination may vary over time, making compliance and enforcement
difficult. The Agency believes, and commenters agreed, that less
complex regulations will increase collection of universal wastes.
Increased collection under the universal waste regulations will result
in increased environmentally protective management of universal wastes
at Subtitle C hazardous waste facilities. The Agency believes that the
environmental benefits to be obtained from improved management of these
wastes, whether it is recycling or treatment and disposal, outweigh the
possible increases in [[Page 25503]] recycling that might occur if the
regulations were limited.
Not limiting the regulations also avoids one problem that the
Agency and the regulated community have had difficulties with in the
past. Regulations that are based on the intent of a person to do
something in the future are very difficult to enforce, and sometimes
even make it difficult for regulated persons to know what regulations
they should be following. The Agency believes, and caamenters agreed,
that the compliance and implementation difficulties that are inherent
in requirements that vary depending on a future action (e.g., recycling
or disposal) make distinguishing between wastes to be recycled and
wastes to be disposed of infeasible under the universal waste
regulations.
Several commenters argued that limiting the regulations to recycled
waste might, in fact, discourage collection and recycling. Commenters
believed that persons are not likely to be willing to collect wastes
for potential recycling under the universal waste regulations if they
are vulnerable to liability for full Subtitle C violations, if, at a
later time, they determine that recycling is not available. Given the
volatility of recycling markets and capacities, particularly for
recycling technologies that are under development and not fully

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established, this ie a real concern. One commenter also pointed out
that some universal wastes are likely to be collected in mixtures of
recyclable wastes and non-recyclable waBtes (e.g., mixed batteries).
Such wastes would have to be managed under the full hazardous waste
regulations, thus nullifying the benefits of the universal waste
regulations, inhibiting collection of even the recyclable wastes,' and
ultimately limiting recycling. The Agency agrees with these commenters
that the difficulties inherent in having two systems based on the
ultimate disposition of the waste i6 not practical and may, in some
cases, actually inhibit recycling.
Several commenters argued that providing streamlined regulations
only for recycled wastes would provide an even greater incentive than
already exists for persons managing wastes to claim that they are
recycling, when their operations may be sham rather than legitimate
recycling. This would make it even more difficult for both persons
shipping wastes to recyclers and regulating agencies to determine
whether persons claiming to be recycling (or sending wastes to
recycling), are legitimately recycling. The Agency's experience has
been that it is not an easy task to determine whether an operation is a
legitimate or sham recycler. The added incentive for sham recycling,
and the increased importance of distinguishing legitimate from sham
recycling would further complicate a system limited to recycled wastes,
making it less effective in accomplishing the goals of removing waste
from non-hazardous waste management systems and improving
implementation of the hazardous waste regulations.
Numerous commenters pointed out that there nay be a number of
wastes for which the universal waste system would be successful in
greatly improving waste management practices, but for which recycling
is not available because it is not either technologically or
economically feasible. Waste pesticides are a good example. Recycling
is rarely, if ever, an option and incineration is frequently the only
management option available. If the universal waste regulations were
limited to waBtes that are recycled, waste pesticides could not be
included. This would greatly limit the environmental benefits to be
obtained from collection and proper management of pesticides, and other
similar wastes, under the universal waste regulations. These
commenters, and the Agency, agree that the benefits of encouraging
proper management for such wastes far outweigh the possible increases
in recycling that might occur if the regulations were limited.
Finally, the Agency notes that the treatment standards of the land
disposal restrictions program specifically require recycling for many
wastes included in the final universal waste rule, including lead-
containing batteries, cadmium-containing batteries, and high
concentration mercury wastes such as high-mercury batteries and
thermostats. L>and disposal, and treatment followed by land disposal, is
not allowed for these wastes. Under the final rule, all universal
wastes must go to a destination facility for any treatment, recycling,
or disposal. The land disposal restrictions, including the treatment
standards, are fully applicable to destination facilities. Thus, for
these universal wastes recycling is actually mandatory. The Agency
notes that in caseB such as these the land disposal restrictions
program has been used to require recycling for particular hazardous
wasteB where it has been determined to be the best demonstrated
available technology (BOAT). These requirements continue to apply under
the universal waste regulations.
IV.B. 2. Wastes Included in Pinal Rule
In the universal waste proposal, hazardous waste batteries and
suspended and/or cancelled pesticides that are recalled were included
as universal wastes in the proposed regulatory text. In the preamble,

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the Agency suggested several additional waste types for which it
believed regulation under the universal waste system might be
appropriate. The waste types discussed included spent antifreeze, paint
residues, used thermometers, and used thermostats. The Agency requested
comment on whether these wastes should be included in the universal
waste system, and on what requirements would be appropriate to include
in the regulations to ensure that management under the universal waste
regulations was protective of human health and the environment.
Specific waste management requirements for thermostats were discussed
in some detail. The Agency has decided to include three waste
categories in the final universal waste rule: hazardous waste
batteries, certain hazardous waste pesticides, and hazardous waste
thermostats. These wastes are exempt from 40 CFR parts 262--270, except
as specified in 40 CFR part 273. These wastes are now subject to the
new part 273 regulations and, therefore, are not fully regulated under
the current hazardous waste regulations. The universe of wastes
included in each of these categories is discussed in detail in the
subsections below. Comments received on each of the waste categories
and the Agency's responses to these comments are also discussed. Also
discussed are several waste types for which a number of comments were
received, but that were not included in the final universal waste rule.
IV.B.2.a. Hazardous Waste Batteries
The Agency proposed to include all batteries that are hazardous
waste in the universal waste regulations, to encourage collection and
proper management of these wastes. The main reason for including all
batteries was to simplify the regulations and make them easy to comply
with. The Agency requested comment on several issues, including the
proposed definition of battery, whether the regulation should
distinguish between *"wet11 and "dry*1 batteries, whether the
regulation should distinguish between various sizes of batteries, and
how lead-acid batteries should be addressed. This latter issue is
discussed in detail in the following section of this preamble.
[[Page 25504]]
The Agency has decided to generally retain the proposed approach to
including batteries in the final rule. Thus, all batteries that are
hazardous waste may be managed under the final universal waste
regulations. However, based on comments received, the final definition
of battery has been revised from the proposal. A number of commenters
raised questions concerning the proposed definition and suggested
various revisions. Several caramenters also recommended using a standard
definition that is already in use and accepted by major industry
groups. One commenter identified the American National Standards
Institute (ANSI) standard definitions for battery and cell, and
recommended using a combination of the two.
The Agency agrees that a recognized, standard definition for
battery is most likely to properly identify the universe of articles
that should be covered by the universal waste regulations. The Agency's
intent is to include those items commonly understood to be batteries,
without inadvertently including other items or excluding same
particular type of battery. A standard definition is most likely to
accomplish this. Thus, the Agency has chosen to ubc a combination of
the American National Standards Institute (ANSI) standard definitions
for battery and electrochemical cell to define the term battery in the
final rule. (See ""The New IEEE Standard Dictionary of Electrical and
Electronics Terms,1' Fifth Edition, published by the Institute of
Electrical and Electronics Engineers, Inc., IEEE Standard 1000-1992.)
The definition of battery in the final rule is ~ "a device consisting of
one or more electrically connected electrochemical cells which iB
designed to receive, store, and deliver electric energy. An

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electrochemical cell is a system consisting of an anode, cathode, and
an electrolyte, plus such connections (electrical and mechanical) as
may be needed to allow the cell to deliver or receive electrical
energy. The term battery also includes an intact, unbroken battery from
which the electrolyte has been removed.'1
As suggested by commenters, the final definition has been revised
to specify that a battery must store electrical energy in addition to
receiving and delivering electrical energy. This distinction is to
ensure that gas-powered or electric generators are not included. The
definition has also been ejqpanded to clarify that the definition of
battery does include batteries from which the electrolyte has been
removed. This was clearly the intent of the proposal, which
specifically allowed removing electrolyte from batteries. Commenters
did not object to electrolyte removal, but were concerned that it be
clear that batteries may not be crushed or broken to remove
electrolyte. Note also that the waste management requirements for
batteries prohibit breaking batteries during electrolyte removal.
With respect to the question of whether the universal waste
regulations should distinguish between "vwet11 and "dry'' batteries
(batteries with a liquid vs. non-liquid electrolyte), those commenters
who addressed this issue agreed that no distinction should be made. The
Agency has decided to include both types of batteries in the regulation
based on these comments and the argument that including all hazardous
waste batteries greatly siaqplifies the regulations, making them easier
to comply with and thus encouraging collection and improved management.
Similarly, the Agency has decided to include all sizes of batteries in
the final rule. Few commenters addressed this question, and again the
Agency believes that not limiting the universal waste system will
result in improved management of all batteries, regardless of size.
Finally, a number of cammentere raised questions about which types
of batteries exhibit characteristics of hazardous waste and therefore
would be covered under the universal waste system. Several consnentars
requested that the Agency specify which battery types are hazardous. A
few commenters provided some data on various types of batteries, but
the Agency did not find the data to be comprehensive enough to make
broad generalisations about whether various battery types are always or
never hazardous. Xn addition, the Agency found it was not possible to
commit the resources that would be required to conduct sufficient
testing of numerous brands, sizes, and ages of batteries to make any
broad generalizations. Furthermore, even if resources were available,
it would likely not be possible to make definitive determinations in
any case.
As a result, the Agency has decided to retain the proposed approach
of using the term * 'hazardous waste batteries'* to identify the
universe of batteries that may be managed under the universal waste
regulations. As is true under all of the hazardous waste regulations,
it remains up to the generator (handler) of batteries to determine
whether they must be managed under the hazardous waste regulations at
all. If so, then the universal waste regulations apply. However, the
Agency continues to believe that the universal waste regulations are
single and basic enough that it will be easier and more efficient to
manage all kinds of batteries, and particularly mixed batteries, under
the universal waste system rather than making individual determinations
about batteries or battery types.
Of course, where sufficient information is available for a
generator (or other handler) to determine that a particular battery is
not hazardous, then that battery need not be managed under the
universal waste regulations. However, one of the Agency's goalB for the
universal waste system has been to reduce the complexity and burden of

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complying with the hazardous waste regulations for these wastes. One of
the major difficulties with the hazardous waste regulations haB been
hazardous waste determinations in cases where wastes are generated in
small quantities by large numbers of people who are not familiar with
the specific compoe~tion of the waste. Batteries are a classic example
of this problem. Thus, the Agency hopes that the universal waste
regulations are sufficiently improved to allow persons to manage
batteries within the universal waste system without placing too much
enphasis on whether they are hazardous or not. Obviously, in cases
where it is known that batteries are not hazardous this is not
necessary. But where it is not known, it is hoped that resources will
be spent on improved management rather than on extensive initial
analytical work.
The Agency would like to note that the Universal Waste Rule applies
only to hazardous waste batteries as defined in 40 CFR 260.10 and
273.6, and not to the unit or device in which the battery is contained.
There may be a situation in which a regulated business is sending a
device containing a battery to a facility to be repaired. At this
point, the device would not be considered a universal waste aB: (1) The
device is still a product, and therefore not yet a solid waste; and (2)
the device does not fall into any of the current categories of
universal waste (hazardous waste batteries, thermostats, and certain
pesticides). If, however, the person (either the original generator or
the repair facility) decides to dispose of the device, he must
determine if the entire device is or is not a hazardous waste.
XV.B.2.b. Lead-Acid Batteries
In the proposed rule, EPA proposed to maintain the current
exemption for lead-acid batteries under subpart G, part 266. Under
these regulations, persons who generate, transport, or collect spent
lead-acid batteries, or who store them but do not reclaim them (other
than spent batteries that are to be regenerated) are not subject to the
[[Page 25505]] hazardous waste regulations. Persons who accumulate
spent lead-acid batteries before reclaiming them (e.g. cracking, and/or
smelting the batteries) must notify EPA and obtain a RCRA permit for
that storage. Under the universal waste proposal, persons had the
option of continuing to manage lead-acid batteries under the part 266,
subpart G exemption or under the part 273 requirements. The existing
recycling program for automotive lead-acid batteries currently in
place, which operates under this exemption, has been extremely
successful, with recycling rates in excess of 90% nationwide. By
retaining the part 266, subpart G exemption, the Agency believes that
this program can continue to operate without unnecessary modifications
nor an adverse effect on the environment. Therefore, in today1 s final
rule, the subpart G, part 266 exemption has been retained. Therefore,
handlers of spent lead-acid batteries are who are managing them under
the requirements of Sec. 266.80 are not subject to the requirements
under 40 CFR part 273. However, handlers of spent lead-acid batteries
who are not managing them under the Sec. 266.80 requirements are
subject to the requirements under 40 CFR part 273.
*
In addition, 40 CFR 266.80 (a) and (b) have been revised to clarify
that lead-acid batteries that are regenerated remain exempt from the
hmtar^ip waste regulations throughout the management cycle. Since the
final rule retains the lead-acid battery provisions of 40 CFR 266.80,
it is most appropriate to also include regenerated lead-acid batteries
so that all lead-acid batteries may be managed similarly. However,
since the activities of a regeneration facility are more similar to a
facility that accumulates waste than a facility that processes a waste
to recover a usable product, batteries that are regenerated have also
been exempted from the requirements for lead-acid battery reclamation
facilities (for further discussion of regenerated batteries, see

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section IV.J. of today's preamble)
Most commenters agreed that the current exemption for lead-acid
batteries under subpart G of 4 0 CFR part 266 should be retained.
Commenters agreed that by maintaining this exemption, the current
recycling program for automotive lead-acid batteries can continue to
operate successfully.
A few commenters, however, argued that EPA should consolidate all
requirements applicable to batteries into one set of regulations to
reduce confusion on the part of handlers as to which requirements must
be complied with for proper management. Some commenters stated that
extending the part 266 exemption to all batteries would be the most
appropriate, while others express a desire for all batteries to be
incorporated into part 273. Others recommended a combination of the two
by incorporating the part 266 exemption into the part 273 regulations.
The Agency believes that retaining the exemption under part 266,
subpart G will not make the management of hazardous waste batteries
overly confusing or complex. The part 266, subpart G exemption is
primarily used for the reclamation of automotive lead-acid batteries,
which are easily identifiable. As such, the Agency believes separate
management of this waste stream is simple to accomplish and therefore
does not place a burden on handlers managing these batteries.
It was noted by one cammenter that automotive batteries of various
formulations are currently under development for use in electric
vehicles, and thus, in the future, the chemistry of automotive
batteries (eg., lead-acid versus other formulations) may not be as
easily identifiable as it is at this time. The Agency would like to
clarify that under the hazardous waste regulations as revised by
today's addition of part 273, if the handler believes a battery is a
hazardous waste but is not clear whether the battery is lead-acid or
another chemical formulation, the battery should be managed under part
273 regulations. The Agency believes, however, that the final part 273
requirements are simple and straightforward enough that management of
any mixed battery types, including electric vehicle batteries, will not
be overly burdensome.
Another cammenter expressed concern regarding the management of
Bmall (non-automotive) lead-acid batteries. The Agency expectB that
small, sealed dry cell lead-acid batteries will likely be handled under
the part 273 regulations along with other hazardous waste batteries,
therefore eliminating the need for the handler to separate these
batteries from other hazardous waste batteries. Managing small sealed
lead-acid batteries together with other hazardous waste batteries under
part 273 is acceptable under the final rule.
IV.B.2.C. Hazardous Waste Pesticides
Among the wastes proposed to be included in the universal waste
regulations was a narrowly limited set of hazardous waste pesticides.
Specifically, the proposed rule established streamlined requirements
for the collection of unused pesticides that are suspended or canceled
under section 6 of the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA) and recalled, and that are collected for discard. FIFRA
regulates pesticides from initial distribution by producers to ultimate
disposal. As proposed, to meet the applicability criteria of part 273,
the pesticides were required to be: (a) Part of a voluntary or
mandatory recall under FIFRA section 19 (b) or (b) owned by a
registrant responsible for conducting a recall under FIFRA section
19 (b); or (c) part of a registrant-conducted recall of a canceled or
suspended pesticide under FIFRA section 6. A number of changes have
been made to the universe of pesticides covered in the universal waste

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rule and in the corresponding regulatory text, which was proposed to
delineate which pesticides were or were not subject to the requirements
of part 273.
First, in the final rale, the Agency has expanded and organized the
applicability section for pesticides into four subsections, as follows:
(1) Pesticides covered under part 273; (2) pesticides not covered under
part 273; (3) generation of hazardous waste pesticides; and (4)
pesticides that are not wastes. The Agency decided to restructure the
pesticides applicability section in this way because several commenters
Btated that it waB difficult to determine which pesticides were covered
or which pesticides were not covered under the proposed rule. For
example, the proposal Sec. 273.20(a) included Sees. 273.20(a) (2) and
(3) which both described hazardous waste pesticiaes not covered under
part 273. Similarly, Sec. 273.21(a) included Sec. 273.21(a)(2) which
described recalled pesticides that never became hazardous wastes and
thus are never generated. The Agency agrees that these and other
sections could confuse readers attempting to determine whether their
pesticides were covered under part 273. The Agency believes that the
restructured applicability section for pesticides, 40 CFR 273.3, will
be much more clear and less cumbersome in that all of the provisions
addressing which pesticides are covered are now located in one section
and the section is clearly organized to assist readers in making this
determination.
Second, the universe of pesticides included under the final
universal waste regulations has been expanded. This expansion is
codified in Sec. 273.3(a), which describes the types of hazardous waste
pesticides that are considered universal wastes and may be managed
under part 273. The first paragraph of this Sec. 273.3(a) (1) rewords,
but essentially retains, the proposed [[Page 25506]] regulatory text
from Sec. 273.20(a)(1) that described the recalled pesticides that are
subject to FIFRA recall procedures and were proposed to be managed as
universal wastes. The second paragraph of this Sec. 273.3(a) (2), has
been added to the final rule and describes the universe of pesticides
that has been added to the universal waste regulations in addition to
the recalled pesticides described above. Specifically, the Agency has
broadened this section to include unused pesticide products that are
collected and managed as part of a waste pesticide collection program.
These unused pesticide products are generally materials that are no
longer useful for their intended purpose. Frequently, they are
agricultural pesticides that have been banned for use on crops or are
obsolete and have been replaced by newer products. They may also be
pesticides that have become damaged (e.g., exposed to temperature
extremes) or that are no longer needed due to factors Buch as changes
in cropping patterns.
Ultimately, farmers nationwide have accumulated these materials in
their sheds or barns for many years. To encourage the removal of unused
pesticide products from long term accumulation on the farm, a number of
state agricultural departments have implemented programs to collect and
properly dispose of these materials. By including unused pesticide
products under part 273, farmers will be able to ship their universal
waste pesticides to the collection programs without needing to meet the
full requirements under 40 CFR parts 260 through 272.
Several factors prompted the Agency to include unused pesticide
products that are collected and managed as part of waste pesticide
collection programs into the part 273 universal waste management
standards. One factor for including unused pesticide products was that
unused pesticide products are generated by a wide variety of generators
are present in large amounts in the agricultural community. Another
factor was that potential risks posed by the presence of unused
pesticide products during accumulation and transport are similar to the

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risks posed by recalled pesticides during accumulation and transport.
Finally, the inclusion of unused pesticides under part 273 will greatly
facilitate participation and implementation of state programs that are
currently collecting the unused pesticide products found on farms.
Most of the commenters addressing pesticide related portions 'of the
proposed rule supported including such unused pesticide products in the
final rule. These commenters specifically argued that unused pesticides
posed risks similar to risks posed by pesticides already included under
the proposed regulations. Some commenters, argued that if the proposed
pesticide regulations for recalled pesticides could be expanded to
include stocks of unused pesticide products, state approved programs
currently collecting unused pesticide products could greatly improve
participation by farmers. These commenters indicated that certain
current requirements under 40 CFR parts 260 through 272 had deterred
many farmers from participating in, and benefitting from, waste
pesticide collection programs, and that streamlined requirements under
part 273 would remove many such barriers to participation.
Third, the Agency has developed a subsection under the final rule
which describes the types of pesticides that are not covered under part
273. Paragraph 273.3(b)(1) reiterates that qualifying hazardous waste
pesticides can be regulated in compliance either with 40 CFR parts 260
through 272 or with part 273. For example, farmers managing hazardous
waste pesticides in compliance with 40 CFR 262.70 are not subject to
the regulations of part 273. Dnder Sec. 273.3(b)(2) of the final rule,
hazardous waste pesticides that do not meet the conditions described in
Sec. 273.3(a) cure required to comply with the full hazardous waste
regulations in 40 CFR part 260 through 272. This provision has been
retained from Sec. 273.20(a)(2) of the proposed rule. Similarly,
SecB. 273.3(b) (3) and (4), which describe recalled pesticides that are
not yet solid wastes and therefore are not subject to the hazardous
waste regulations including part 273, have also been retained from the
proposed regulatory text from Sec. 273.21(a)(2). Again, the Agency
recodified these paragraphs in one subsection of the final rule to make
it clearer to the reader which typeB of hazardous wastes are not
covered under part 273 standards of the final rule.
The text in the applicability section for universal waste
pesticides was complex in the proposed rule. Part 273.21(a)
(""Generation of Hazardous Waste Pesticides), the Agency proposed
criteria to establish the date at which waste pesticides are generated,
but also included criteria to distinguish when pesticides are or are
not solid wastes and, therefore, not subject to the hazardous waste
regulations. To clarify the applicability section of the final rule,
the final rule text separates these criteria into two separate
paragraphs (Sees. 273.3 (c) and (d)), as described below.
Section 273.3(c) will help readers determine the date at which a
recalled or unused pesticide becomes a waste. Understanding this factor
is important since a pesticide that has not become a waste also has not
became a hazardous waste and is not covered under part 273 (see also
preamble discussion on Sees. 273.3 (b) and (d)) . The text in
Sec. 273.3(c) (1) simplifies but retains the meaning of text in
Sec. 273.21(a) (1) of the proposed rule. Section 273.3(c) (1) states that
a recalled pesticide becomes a waste on the first date on which two
conditions occur. These conditions are: (1) The generator of the
recalled pesticide agrees to participate in the recall; and, (2) the
person conducting the recall decides to discard the pesticide or burn
the pesticide for energy recovery. For example, if a farmer decides to
participate in a recall and sends the recalled pesticide back to the
registrant for reclamation and reformulation, the pesticide would be
considered an unused commercial chemical product being reclaimed and
therefore would not be a solid waste (or hazardous waste) under RCRA

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section 261.1. A recalled pesticide sent by a recall participant to the
recall facility does not become a waste until the registrant makes a
decision to discard the pesticide (e.g., burn for energy recovery).
Once a decision to discard the pesticide or bum the pesticide for
energy recovery is made, both conditions of Sec. 273.3(c)(1) have been
met and the registrant becomes the generator of the universal waste.
Section 273.3(c)(2), describing when an unused pesticide products
becomes a waste, has been added to the final rule to accommodate the
changes mentioned above to the proposed regulatory text from
Sec. 273.20(a).
Section 273.3(d)(1) of the final rule further explains the
decision-making role played by the person conducting the recall of a
pesticide in determining whether the pesticide becomes a waste. The
regulatory language established in the final rule is retained from
Sec. 273.21(a)(2) in the proposed rule. The final rule also adds
Sec. 273.3(d)(2) describing the generator's role in determining whether
a pesticide is a waste. This addition accommodates the expansion of the
applicability section-at Sec. 273.3(a) (2), mentioned earlier. This
decision-making process remains as proposed and is specific to
pesticides involved in a recall. Recalled pesticides are covered by
procedures under FIFRA section 19(b) and 6(g). Other situations are
covered generally under Sec. 261.2. [[Page 25507]]
XV.B.2.d. Hazardous Waste Thermostats
In the proposed rule, the Agency requested comment on whether used
mercury-containing thermostats should be added to the universal waste
regulations. The Agency specifically requested comment on whether used
mercury-containing thermostats fit the factors proposed to be used to
evaluate whether new.candidate wastes are suitable for inclusion under
part 273. In addition, the Agency asked for comment on whether the
universal waste requirements proposed for universal waste batteries
would be appropriate for managing used mercury-containing thexmostats.
Commenters overwhelmingly supported adding mercury-containing
thermostats to the universal waste regulations. Commenters agreed that
mercury-containing thermostats are an appropriate waste type to manage
under the universal waste system and that they meet the criteria
proposed for adding wastes to the part 273 regulations. Commenters
argued that thermostats are generated in a wide variety of settings by
a large number of generators, since they can be generated at almost any
building, including commercial, industrial, agricultural, community,
and household buildings. Ccmmenters asserted that thermostats cure
likely to be managed in the municipal waste stream because they are
small, generated infrequently, and usually generated by persons not
familiar with the hazardous waste regulations or hazardous waste
management systems.
Several commenters described a *"reverse distribution11 or ""take
back'1 system that is under development by one thermostat manufacturer.
A trade association representing manufacturers of thermostats indicated
that all of the members intend to participate in this collection
system, thus making the system industry-wide and allowing collection of
virtually all brands of thermostats used in the United States. The
""take back1 ' system will be used to collect used mercury-containing
thermostats to recover the mercury and reuse it in the production of
new thermostats. The manufacturer implementing the ""take back1' system
frnp developed packaging, marking, and labeling procedures that will be
required for participation in the program that will ensure that the
waste mercury thermostats are appropriately handled. The information
provided indicated that the nation-wide waste mercury thermostat
collection recycling program would greatly reduce the amount of
mercury that is now being managed in the municipal waste stream across

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the United States.
Commenters further argued that mercury-containing thermostats
present relatively low risk during accumulation and transport because
they are designed to protect the ampules that contain mercury from
breakage. One commenter explained that ampules are attached to a 'bi-
metal strip designed to absorb shocks. The commenter further explained
that ampules are also enclosed within plastic or metal outer casings
that protect them further from breakage. This commenter described
experience with warrantee take back programs and indicated that less
than .01% of new mercury thermostats returned to them are returned due
to breakage of the ampules. Commenters also stated that during
accumulation, waste mercury thermostats are not subject to
deterioration, therefore, the risk of mercury release will not increase
as accumulation time increases. The packaging, marking, and labeling
procedures that will be part of the industry "take back11 program
provide further evidence that the risks during accumulation and
transport will be low.
The Agency agrees with commenterB that uBed mercury-containing
thermostats meet the proposed (and final) factors for adding new wasteB
to the universal waste regulations and that these wastes cure
appropriate to be managed under the universal waBte system. The Agency
recognizes that due to the administrative burden, costs, and stigma
associated with managing these wastes under the full hazardous waste
regulations, it is not likely that a ""take back'1 system such aB that
described by commenters will be implemented if compliance with the full
hazardous waste regulations is required of participants. Thus, the
Agency has included mercury-containing thermostats in the final
universal waste regulations promulgated today. It should be noted that
universal wastes, including mercury-containing thermostats, are exempt
from regulation under both the 40 CFR 262-270 and 40 CFR part 273 if
they are household waste (see 40 CFR 261.4(b) (1)), therefore the
possible burden of compliance with the current Subtitle C regulations
lies with generators, transporters and storage facilities currently
regulated under 40 CFR parts 262-270.
One commenter suggested a regulatory definition to identify what
wastes are covered under the universal waste regulations. The Agency
agrees that a definition is necessary, and has included the following
definition in 40 CFR 273.6 of the final rule: "thermostat means a
temperature control device that contains metallic mercury in an ampule
attached to a bimetal sensing element, and mercury-containing ampules
that have been removed from these temperature control devices in
compliance with the requirements of 40 CFR 273.13(c) (2) or
273.33(c)(2).1' This definition differs slightly from the definition
that was recommended by the commenter. The commenter suggested limiting
the definition to wall-mounted thermostats, rather than extending the
definition to all temperature control devices that contain metallic
mercury in ampules. The commenter expressed concern that difficulties
may ariBe when managing Bmall wall-mounted thermostats together with
other mercury thermostats. The Agency recognizes the commenter's
concerns, but points out that universal waste handlers are not required
to accept any type of universal waste that they are not prepared to
manage. Thus, if a collection program is designed only to handle a
certain type of thermostat, only that type of thermostat should be
accepted by the operators of the program. The Agency does not want to
limit the possibility that other collection programs may be developed
for other types of thermostats, or that different types of thermostats
could be managed separately (i.e., transport and accumulate wall-
mounted and other thermostats separately) . Thus, the definition has not
been limited to wall •mounted thermostats.
In addition, the definition suggested by the commenter has been

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expanded ir the final rule to include mercury-containing ampules that
have been noved from thermostats. As is discussed in section IV.E.3.C
of this prt _ole, requirements for managing thermostats under the
universal v.^te rule have been drafted to allow removal of ampules as
long as certain conditions are met. In order to allow management of the
ampules under the universal waste system once they have been removed
from the thermostat casing, it was necessary to include them in the
definition of thermostat. The definition specifies that the ampules
must be removed following the universal waste handler waste management
conditions set forth in Sec. 273.13(c)(2) or Sec. 273.33(c)(2).
Finally, with the exception of the issue of ampule removal,
commenters overwhelmingly supported applying the requirements proposed
for universal waste batteries to used mercury-containing thermostats.
Thus, in the final rule, persons managing universal waste thermostats
are subject to the same basic requirements as persons managing other
universal wastes: [[Page 25508]] requirements for small and large
quantity handlers, transporters, find destination facilities. Specific
waste management requirements have been added to the small and large
quantity handler sections to address the commenter's concerns about
anpule removal. These requirements are discussed in detail in section
IV.E.3.C of this preamble, entitled waste management.
XV.B.2.e. Other Wastes Suggested by Commenters
A number of commenters suggested additional wastes that they
believed should be added to the universal waste regulations. For
example, wastes suggested included electronic components, photographic
wastes, aerosol cans, solvent contaminated rags and wipers, treated
wood, auto shredder fluff, and a number of others. Several wastes were
suggested by numerous commenters and merit further discussion. These
are spent laiqps (lighting waste) , used mercury containing equipment,
and antifreeze. Spent lamps are discussed in section II.A, of this
preamble, entitled mercury-containing lamps. Used mercury-containing
equipment and spent antifreeze are discussed in the following sections
of this preamble.
Although many of the wastes suggested may be appropriate candidates
for the universal waste system in the future, the Agency has decided to
include only three waBtes in this final rule: hazardous waste
batteries, thermostats, and certain unused pesticides. This decision
was made because, first, with a few exceptions discussed below,
commenters provided only very limited information about the suggested
waste(s), current management of the waste(s), and appropriate waste
management controls that could be used to develop universal waste
regulations for the waste(s). Most commenters did not evaluate how the
suggested waste(s) compared against the factors proposed to add new
wastes to the universal waste regulations. For most suggested wastes,
the Agency did not feel that it had sufficient information to consider
adding the waste to the universal waste regulations at this time.
Unlike unused pesticide products and mercury-containing thermostats on
which we have a body of information, adding other suggested waste types
would require additional research to determine appropriate waste
management practices and other issues related to these wastes. Second,
in this final rule the factors used to evaluate candidate wastes to
determine whether they are appropriate to be added to the universal
waste regulations have been revised front those proposed.
Finally, the universal waste system is a new program. The Agency
believes it is important to begin implementation with a limited number
of waste types, and conduct at least an initial assessment of how the
program is working before adding a great deal of new wastes. Thus, due
to resource constraints, the Agency has decided to add only the above-
named wastes and focus it's efforts on promulgating the basic structure

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of the regulations, while initially including only a few wastes in the
program. If determined necessary, revisions to the regulatory structure
could be made at the same time that new wastes are added.
The fact that the Agency has decided not to add a commenter1s
suggested waste to the universal waste regulations at this time does
not mean that the Agency will not consider adding the waste at some
time in the future. In fact, commenters are encouraged to assess
whether their suggested wastes fit the final evaluation factors, and if
so, to submit a petition making that demonstration and including
suggested waste management controls that could be used to develop
universal waste regulations for the waste. Petitions should follow the
procedures set forth in 40 CFR 260.20, 260.23, 273.80, and 273.81 as
revised by this final rule.
IV.B.2.f. Used Mercury-Containing Equipment
In addition to supporting the addition of mercury-containing
thermostats to the universal waste regulations, a number of commenters
suggested expanding the scope of this waste type to be a category of
wastes including other mercury-containing equipment. CommenterB pointed
out that thermostats are a form of mercury switch, and that there are
many other types of mercury switches that may present issues similar to
those for thermostats. Other items commenters identified as mercury-
containing equipment that should be included were gauges, manometers,
relays, and circuit boards. Commenters also noted that some of these
items may contribute substantial amounts of mercury to non-hazardous
waste management systems.
Although the Agency believes that adding a broader category of
mercury-containing equipment to the universal waste rule may ultimately
be the best way to approach this issue, at this time only mercury -
containing thermostats have been included in the final rule. In
addition to the reasons discussed above for limiting this final rule to
batteries, pesticides, and thermostats, the Agency does not believe
that it has sufficient information at this time to add the broader
category to the universal waste regulations. Specifically, the universe
of wastes that would fit into such a category is not clearly
identified. The Agency does not know exactly what types of wastes would
be included if it were to add such a category. For example, it is not
known how much mercury might be in such equipment. It is possible that
there are some pieces of equipment that have very large amounts of
mercury that may be of more concern for management under the universal
waste regulations than equipment with small amounts of mercury. It is
also not known how various types of mercury-containing equipment are
constructed, and thus it is not known whether the mercury is
sufficiently contained to provide some assurance that the mercury would
not be released during management under the universal waste system.
Similarly, it is not known what type of waste management controls would
be appropriate to include in the universal waste regulations for the
broader category.
The Agency would welcome a petition to add some form of broad
category of mercury-containing equipment to the universal waste rule.
In developing such a broad category, the Agency would be particularly
interested in several issues. First, suggestions on how to define the
category to limit it to wastes appropriate for the universal waste
system would be useful. Second, the Agency would need a listing of the
types of equipment that would be included in the category, and general
information about the amounts of mercury contained in each and how the
equipment is constructed to protect the mercury from release. Third, it
would be helpful to know whether there is some mercury quantity limit
that might be used to ensure that the risks of managing the wastes
under fhA universal waste rule are low (relative to other hazardous

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wastes), while at the same time including as many of these wastes as is
appropriate. Fourth, the Agency would appreciate suggested waste
management requirements that, taking into account the construction of
the mercury-containing equipment, would minimize the risks of managing
these wastes under the universal waste regulations. Finally, any
available information about systems that are used or could be used to
collect these wastes would be useful (e.g., reverse distribution
systems). [[Page 25509]]
IV.B.2.g. Spent Antifreeze
In the preamble to the universal waste rule the Agency suggested
that used antifreeze might be a good candidate for addition to the
universal waste regulations. Comment was requested on whether spent
antifreeze fit the factors for addition to the universal waste rule,
and on what specific management requirements would be appropriate if
spent antifreeze were added. Numerous comments were received addressing
this issue, but commenters disagreed on both whether used antifreeze
should be added to the universal waste system at thiB time and on what
requirements would be appropriate.
A number of commenters argued that spent antifreeze did fit the
proposed factors and should be added to the rule. Several commenters
addressed each of the proposed factors in turn and maintained that
antifreeze fit them all. A number of other commenters, however,
questioned how frequently spent antifreeze actually fails the toxicity
test and is thus hazardous waste. They noted that one of the factors
proposed to be used to evaluate new wastes for addition to the
universal waste system was whether or how frequently the waste was
hazardous. They argued that regulation under the universal waste rule
would imply a presumption that used antifreeze is hazardous, making
management of that portion of spent antifreeze that is not hazardous
more difficult. Several of these commenters also predicted that the
lead levels in used vehicle antifreeze will diminish over time as more
and more vehicles are produced with cooling systems that have little or
no exposed lead solder. They thus believe that less and less antifreeze
will fail the toxicity characteristic over time.
Commenters also recommended a wide range of management requirements
for spent antifreeze if it were to be added to the universal waste
system. Some commenters believed that the requirements proposed for
batteries and pesticides were generally appropriate. A number of
commenters also maintained that Che antifreeze recycling pattern is
very different from the limited recycling or treatment and disposal
options available for wastes such as batteries and pesticides. They
described antifreeze recycling as requiring less sophisticated
technology and being practiced at many dispersed locations rather than
a few centralized facilities. They did not believe that the universal
waste regulatory structure was appropriate to accommodate this type of
waste management pattern.
Several commenters argued that because antifreeze is a high volume
liquid, the management requirements should be somewhat different than
those included in the proposal. Same commenters argued that
requirements for used antifreeze should be based on the small quantity
generator regulations. Many others suggested requirements similar to
the used oil management standards of 40 CFR part 279. Some commenters
suggested specific sets of requirements that they believed were
appropriate for used antifreeze management.
Spent antifreeze is not included in the final universal waste rule.
The Agency	this decision for several reasons. First, because the
Agency did not request specific comments on issues related to spent
antifreeze, the comments received were not focussed on any particular

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issues and provide little clear direction for the Agency to move
forward with this issue at this time. As suggested by several
commenters, the Agency does not believe it would be wise to add spent
antifreeze to the universal waste regulations without first proposing
and accepting comment on specific management standards.
Second, commenters opinions on whether spent antifreeze should be
added to the universal waste regulations ranged so widely that it is
clear that more investigation into this issue is necessary before
promulgating final regulations. Specifically, some additional
information on the frequency with which used antifreeze exhibits the
toxicity characteristic may be available and should be reviewed prior
to making a decision on how to address antifreeze. In addition, the
Agency should also investigate further suggestions that improved
handling by generators (e.g., managing antifreeze only in dedicated
containers) could reduce the rate at which antifreeze exhibits the
toxicity characteristic. Similarly, opinions on appropriate management
standards also varied so greatly that the Agency recognizes it would
not be possible, based on the information available at this time, to
develop management requirements that adequately address the issues
raised by commenterB.
Third, many commenters argued that the question of how antifreeze
recycling is regulated is central to the development of appropriate
management standards. As explained in section II.B of this preamble,
entitled Redefinition of Solid Waste, the general question of how
recycling should be regulated is being addressed in a larger forum and
is outside the scope of today's final rule. The Agency believes that it
may be necessary to proceed somewhat further with this effort before it
will be possible to determine how best to address the issue of
antifreeze management.
Finally, for this initial final rule, the Agency decided to focus
its efforts and available resources on wastes for which cooimenters
demonstrated more agreement about the major issues of whether to
include the waste and appropriate management requirements. Once the
basic structure of the universal waste system is in place, it may be
more clear whether and how more controversial wastes such as antifreeze
may fit into the system. Thus, spent antifreeze has not been included
in this fizial rule, but the Agency has not ruled out adding it in the
future if it seems appropriate and if it appears possible to develop
requirements that would improve management of used antifreeze.
IV.B.3. Conditionally Exempt Small Quantity Generator Waits
In the proposed part 273 regulations, the Agency proposed to retain
the 261.5 CESQG conditional exemption from the hazardous waste
regulations for universal wastes. Under this approach, CESQGs would
have the option of managing universal wastes under either part 273 or
Sec. 261.5. Thus, CESQGs would not be required to manage their
universal waste under part 273. However, the Agency requested comment
on whether this approach should be retained, or whether CESQGs should
be required to manage their universal wastes under part 273. In the
final rule, the Agency has decided to retain the approach proposed and
is allowing CESQGs the option of handling their universal wastes under
part 273 or under the CESQG exemption in Sec. 261.5.
Most commenters responding to this request for comment argued that
CESQGs should be allowed flexibility in managing their universal
wastes. Commenters stated that CESQGs should have the option of
managing these wastes as universal wastes under part 273 if they so
choose, or to continue to handle these wastes in compliance with the
requirements of the CESQG exemption under Sec. 261.5. Commenters argued
that this option would allow each CESQG the flexibility to select the

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disposal method that iB least costly and best meets the needs of its
business. They also argued that CESQGs often do not have ready access
to new information and markets for their wastes and therefore should
not be required to manage their universal wastes under part 273 to the
exclusion of otr ;r existing waste management options. Many commenters
pointed out tha_ as [[Page 25510]] an infrastructure develops for the
universal waste collection systems, CESQGs are likely to voluntarily
participate in such programs. Other commenters stated that management
under part 273 should be mandatory in order to reduce confusion related
to how these waste types should be handled and to ensure protection of
the environment.
The Agency believes that allowing individual CESQGs to choose the
regulatory option that best meets their circumstances will aid in
assuring effective collection, management and disposal of universal
wastes. Requiring compliance with part 273 would be an added
administrative and cost burden for CESQGs, many of whom may be small
businesses and small organizations. In addition, compliance with some
aspects of the program may be difficult for these generators. The
Agency believes that as an infrastructure develops for protectively
handling these wastes, CESQG waste is most likely to be incorporated
into the universal waste system through voluntary efforts, state or
local programs, and the availability of convenient collection systems
rather than through additional regulatory requirements. Therefore, in
the final rule, the Agency has retained the opportunity for CESQGS to
manage their wastes under either the CESQG exemption or under part 273.
The option for CESQGs to send their universal wastes to a universal
waste handler or destination facility has been added to 40 CFR
261.5(f) (3) (vi) and 261.5(g) (3) (vi) as was proposed. As was proposed at
40 CFR 273.10(b) (1) (ii) and 40 CFR 273.20(b) (1) (ii), 40 CFR 273.5(a) (2)
has been added to the final rule to clarify that CESQGs may, at their
option, manage their universal wastes under part 273.
Further, the Agency is retaining the intent of the proposed
requirement that if universal wastes from CESQGs are commingled with
universal wastes from larger, regulated hazardous waste generators, and
the commingled waste is a hazardous waste under 40 CFR 261.3 (i.e., is
listed or exhibits a characteristic) , the cooimingled waste must be
managed under the part 273 requirements. As explained in the proposal,
this provision is included to clarify this point for persons managing
universal waste, but iB actually merely a restatement of existing
hazardous waste requirements.
In the proposed universal waste rule, the Agency also proposed not
to require hazardous waste generators to count those universal wastes
managed under the part 273 requirements toward the monthly quantity
calculation used to determine generator regulatory status (i.e., CESQG,
SQG, LQG). Today's final rule retains the approach as proposed. Section
261.5 has been redrafted to clarify this point.
One commenter was concerned that this exclusion would cause more
hazardous waste to be sent to non-subtitle C facilities because more
generators would be CESQGs if universal wastes are not counted. The
remainder of the coamienters agreed with excluding universal wastes
managed under part 273 from the generator's calculation of monthly
generation rates to determine generator status.
The Agency does not believe that excluding universal wastes from
the generator's calculation of monthly generation rates will have a
significant impact on the amount of hazardous waste sent to non-
subtitle C facilities. The volume of universal wastes typically
generated by any one generator is not large. Thus, the Agency believes
that the number of generators that will move from the regulated SQG
category to the conditionally exempt SQG category will be small.

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More importantly, the Agency believes that on balance, encouraging
generators to manage their wastes under part 273 by allowing generators
not to count those universal wastes managed under part 273 will likely
increase the overall quantity of hazardous waste recycled or disposed
of at Subtitle C facilities. Excluding universal hazardous wastes that
are managed under part 273 from the generator's monthly quantity'
determination will encourage generators to manage wastes under the
universal waste rule, and therefore maximize the benefits to the
environment by redirecting these hazardous wastes from non-hazardous
waste management to more protective management. The Agency strongly
believes that the benefits of capturing these universal wastes for safe
handling outweighs the potential risks of small quantities. Therefore
today's final rule retains this exclusion.
In addition, as other waste types are considered for inclusion in
part 273, they will be evaluated according to the criteria in
Sec. 273.81. Part 273.81(d) states that ""systems to be used for
collecting the waste (including packaging, marking, and labeling
practices) would ensure close stewardship of the waste.11 EPA believes
that this criterion, the other criteria included under Sec. 273.81(a)-
(h) , and the petition and rulemaking procedures for adding new wastes
to the universal waste system will ensure that any wastes added in the
future will be managed in an environmentally protective manner.
One commenter stated that it is not clear that SQGb and LQGs should
use the same procedures for determining generator status as that used
by CESQGb Bince the regulatory language explaining the calculation is
located in Sec. 261.5, which applies to CESQGs. Although the language
in Sec. 261.5(c) makes it clear that the counting procedures apply to
all generators (""the quantity determination of this part and parts 262
through 266, 268, and 270''), the Agency agrees that it might be easier
for SQGb and LQGs to find the counting procedures if they were
referenced in part 262. Thus, this rule revises Sec. 262.10 by adding a
new paragraph (b) to read ""40 CFR 261.5 (c) and (d) must be UBed to
determine the applicability of provisions of this part that are
dependent on calculations of the quantity of hazardous waste generated
per month.11
Finally, as proposed, the final rule adds part 273 to the list of
parts in Sec. 262.11(d) where exclusions or restrictions for hazardous
waste management are found. Zn addition, to clarify that Sec. 261.5
provides additional exclusions as discussed above, the final rule also
adds part 261 to this list. Thus, Sec. 262.11(d) now reads ""If the
waste is determined to be hazardous, the generator must refer to parts
261, 264, 265, 266, 269, and 273 of this chapter for possible
exclusions or restrictions pertaining to management of the specific
waste.''
IV. C. Adding Additional Wastes in the Future
The proposed universal waste rule included a process for adding
additional waste types to the universal waste system in the future. The
process consisted of procedures for persons to petition the Agency
requesting the addition of new waste types, procedures for the Agency
to use in responding to petitions, and factors to be used to evaluate
whether a new waste type is appropriate to be added to the system. The
final rule includes a similar process, but based on the comments
addressing this issue some changes have been made to both the
procedures and the factors. In addition, the Agency has decided to
allow states the flexibility to add additional wastes to their state
list of universal wastes without requiring the waste to be added at the
federal level. The following two sections discuss changes made to the
petition procedures and the factors. [ [Page 25511]]

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IV.C.l. Procedures for Adding New Wastes
In the proposed universal waste rule, EPA proposed that any person
may petition to have additional hazardous wastes added to the part 273
universal waste regulations. Proposed regulations governing the
petition process were found in Sees. 260.20, 260.34, and 273.2.
Detailed procedures for submitting and reviewing petitions, however,
are set forth in existing 40 CFR 260.20 and were only referenced in the
proposed regulatory text. These procedures are the same procedures that
are used for submitting and reviewing all petitions for regulatory
amendments to the hazardous waste regulations.
The proposed rule indicated that in order for a petitioner to be
successful, it muBt be demonstrated that regulation under the universal
waste system is appropriate and that the part 273 requirements will
improve waste management practices for the waste. This demonstration
was to be made by submitting information to support the factors listed
in Sec. 273.2 (a) and (b).
In today's final rule, the procedures for submitting petitions
remain substantially unchanged, although several minor revisions have
been made. First, the requirements for petitions for inclusion of other
wastes under part 273 have been moved from Sec. 273.2 in the proposal
to Bubpart G of part 273 in today's final rule. The Agency believes
that putting the petition requirements in a separate subpart makes them
easier to locate, and thus makes the entire regulation easier to
follow. In addition, the proposed Sec. 260.34, entitled ""Petitions to
amend part 273 to include additional hazardous wastes' 1 has been
renumbered to be Sec. 260.23 in the final rule. This change has been
made to keep the sections of part 260 that discuss regulatory
amendments together.
Second, the petition procedures have been revised to allow
petitions to add categories of waste as well as individual wastes to
the universal waste system. This revision was made in response to
comments. It was suggested that the term "waste' ' may be more limiting
than the Agency intended. Use of the term "waste category'1 will allow
petitioners to submit a group of wastes such aB "hazardous waste
batteries' ' instead of petitioning for each type of hazardous waste
battery individually (hazardous waste nickel-cadmium batteries,
hazardous waste lithium batteries, etc.). One commenter also suggested
that a category of wastes such as unused products in original packaging
might be appropriately managed under the universal waste system. The
Agency agrees with these comments and has incorporated this suggestion
into the final rule.
Third, to clarify the Agency's goals for the universal waste
program (which the petition factors are designed to address) and to
clarify the standard that will be used to make decisions on petitions,
the final rule has been revised to read: "the decision will be based
on the weight of evidence showing that regulation under part 273 is
appropriate for the waste or category of waste, will improve management
practices for the waste or category of waste, and will improve
implementation of the hazardous waste program.'1 This language merely
reflects more closely the goals discussed in the proposal for the
universal waste system than did the language in the proposed rule.
Fourth, many cconnenters expressed concern that petitions seeking a
regulatory amendment to add new hazardous wastes to part 273 must
contain quantitative information on each of the factors outlined in the
proposed rule under Sec. 273.2 (found in Sec. 273.81 in the final
rule) . Commenters believed that the proposed rule was not clear on
whether or not information must be submitted to address every one of
the factors or only some of the factors. The Agency agrees that the

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proposal was confusing on this point. As suggested by several
commenters, the Agency also agrees that it may not be possible or
appropriate to address each of the factors for any particular waste or
waste category. Thus, the petition process regulations (found in both
Sees. 273.80 and 260.23 of the final rule) have been revised to clarify
that: (1) A petition should address as many of the factors as are'
appropriate for the waste or waste category addressed in the petition;
and (2) the decision to grant or deny a petition will be based on the
weight of evidence showing that regulation under part 273 is
appropriate for the waste or category of waste, will improve management
practices for the waste or category of waste, and will improve
implementation of the hazardous waste program.
Thus, the Agency clarifies in the final rule that an individual
waste would not be disqualified from inclusion under part 273 merely
because every factor was not addressed. Rather, the Agency will
consider the overall weight of the evidence demonstrating that the
goals of the universal waste system would be met by adding the
particular waste or waste category to the universal waste system. Thus,
a waste that several of the factors demonstrate very strongly would
accomplish the Agency's goals may be more likely to be added to the
universal waste system than a waste that all of the factors weakly
support.
In addition to concern about the number of factors that must be
addressed, commenters also expressed concern that the proposal was
vague with regard to the quality and quantity of data that must be
submitted regarding each of the factors. In response, the Agency
reiterates that decisions will be made based on the weight of the
evidence demonstrating, using the listed factors, that the Agency's
goals for the universal waste system will be met. ThuB, the quantity of
data submitted is not as critical as how strongly the data supports
these goals. Of course, the more complete the data are, the more likely
it is that they will demonstrate that the Agency's goals would be met.
The Agency also notes that although quantitative data are desirable,
due to the nature of the wastes likely to be appropriate for the
universal waste system the Agency recognizes that direct quantitative
data about these wastes and their management may not be available.
Thus, quantitative data are not necessarily required for a successful
petition. Any information that can be extrapolated from available
related quantitative data is recommended, as would be any estimates
that can be developed based on available qualitative information. In
addition, as discussed in the proposal, the Agency will take into
consideration the quality and completeness of the data submitted by the
petitioner as a way to set priorities among the many various waste
streams that may be suggested for this program. If a petitioner's
request is complete and supporting data are adequate, EPA is likely to
evaluate the request and determine whether to propose a regulatory
amendment sooner than if a request has only minimal information.
Fifth, commenters expressed confusion concerning the process for
submitting a petition. In Sec. 273.80 of today's final rule, the Agency
more fully details the process for submitting a petition. The substance
of the requirements have not changed. Section 273.80(b) reiterates that
the petitioner must follow the requirements in Sec. 260.20(b) (Subpart
C--Rulemaking Petitions), which sets forth general requirements which
apply to all such rulemaking petitions. As proposed, the regulatory
language in Sec. 260.20 (a) also has been amended to add reference to
the part 273 requirements. As discussed above. Sec. 273.80(b) also
specifies that the petition should address as many of the factors
listed in Sec. 273.81 as are appropriate for the waste or waste
category addressed in the petition. It should also be noted that the
procedures [iPage 25512]] for submitting petitions and for the Agency'b
review of and response to petitions for regulatory amendments are

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described in detail in Sec. 260.20.
In response to some confusion expressed by commenters,
Sec. 273.80(c) clarifies that the Administrator will evaluate petitions
using the factors listed in 40 CFR 273.81 and that the Administrator
will grant or deny a petition using these same factors. This
clarification reiterates the procedures proposed in Sec. 260.34 of the
proposal and included in Sec. 260.23 of the final rule. Ab discussed
above, Sec. 273.80(c) also explains that the Administrator's decision
will be based on the weight of evidence showing that regulation under
part 273 is appropriate for the waste or category of waste, will
improve management practices for the waste or category of waste, and
will improve implementation of the hazardous waste program.
Sixth, petitioners expressed concern about the length of time it
may take for the Agency to evaluate petitions. Many commenters
suggested that a time limit be set for such evaluations and that, in
addition, petitions be released for public comment. While the Agency
agrees that it is important for petitions to be considered in a timely
manner, the Agency has decided to continue to follow the general
procedures for responding to petitions for regulatory amendments set
forth in Sec. 260.20 of the hazardous waste regulations. As with all
petitions submitted under Sec. 260.20, a specific time limit is not
defined for the review process. Although the Agency expects to review
and respond to petitions within a reasonable timeframe, due to
competing priorities and other statutory and court ordered mandates the
Agency is not able to commit to a definitive review schedule.
Committing to such a schedule would also not be possible because the
Agency has no previous experience with this program and is not able to
predict the number and depth of petitions that may be submitted, and
thus the workload that will be required to respond to them.
With respect to public comment on the Agency's response to
petitions and on proposals to add new wastes to the universal waBtes
system, Sec. 260.20 specifies that the Agency will make a tentative
decision to grant or deny a petition and publish that determination in
the Federal Register for written public comment. Any persons who have
additional information relevant to a particular petition would be able
to submit the information for the Agency'b review. The Agency may also
hold an informal public hearing to consider oral comments on the
tentative decision.
For any waste or waste category that the Agency tentatively decides
to add to the universal waste system, the Agency will propose
regulatory requirements that would apply to management of the waste
under the universal waste system. Comments would be solicited on the
tentative decision to add the waste or waste category, and on the
appropriateness and practicality of the requirements. After reviewing
and responding to any comments submitted, the Agency would publish a
final rule amending the universal waste regulations to include the new
waste unless the tentative decision waB reversed (in which case a
denial would be published) . For any waste or waste category the Agency
tentatively decides not to add to the universal waste system, the
Agency would publish a tentative decision to deny the petition and
request comment. A public hearing may be held. After reviewing and
responding to comments, the Agency would publish a final denial, unless
the tentative decision was reversed (in which case a subsequent
proposal to add the new waste would be required) .
Finally, as is discussed in detail in Section V of this preamble,
entitled "State Authority,' • it should be noted that States may apply
for and be granted authorization to implement any part of today's
amendments to the hazardous waste regulations. This includes the
petition process for inclusion of additional wastes in the universal

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waste program. Thus, in States authorized for the universal waste
regulations and the petition process, petitions may be submitted to the
State agency to regulate management of a waste or waste category under
the universal waste regulations within that State. The State agency
would then grant or deny petitions, using the criteria established for
evaluating wastestreams for inclusion in the program. If a petition is
granted, the waste would be managed under the streamlined universal
waste requirements within that state. However, the full hazardous waste
regulations would apply once the waBte is transported out of the state
in which it is considered universal waste into other states that have
not included the waste in their universal waste programs (or states
that are not authorized for or do not have universal waste programs).
Thus, manifests and hazardous waste transporters would be required for
the shipment out of the state, and all subsequent management must be at
RCRA treatment, storage, and disposal facilities.
XV.C.2. Factors for Evaluating New Wastes
The proposed universal waste rule included two sets of factors to
be used to evaluate whether candidate wastes are appropriate to be
added to the part 273 universal waste regulatory system. The first set
of factors was designed to determine whether the waste presents a
problem to human health and the environment due to its presence in the
municipal waste stream or due to other, widespread management
practices. The second set of factors was designed to determine whether
the universal waste system would satisfactorily address the problem presented
by the hazardous waste.
In response to a number of issues raised by commenters concerning
the proposed factors, the Agency has substantially revised the factors
for the final rule. Major issues raised by commenters and the changes
made to the factors are discussed below.
First, in the final rule, the two sets of proposed factors have
been consolidated into one set of factors. This change was made in
response to several comments pointing out that having two separate sets
of factors was potentially confusing, particularly because the content
of the two sets seemed to overlap. The Agency agrees with these
commenters, and believes that having only one set of factors will
eliminate possible confusion, making it easier for the regulated
community and regulating agencies to inclement the evaluation factors.
In addition, as discussed further below, the Agency has revised the
factors to focus more on a positive showing that regulation under the
universal waste system would improve waste management practices rather
than a negative showing that a waste is being managed improperly.
Combining the two sets of factors assists with this change of focus.
Second, the Agency has added text to the general introduction to
the final petition factors (40 CFR 273.80) and revised 40 CFR 260.34(b)
to clarify that not all of the factors must be either addressed or
demonstrated in a petition in order for an individual waste to be added
to part 273. The text clarifies that the Agency will consider the
overall weight of evidence presented in determining whether regulation
under the universal waste system is appropriate for the waste, and
whether the part 273 regulations will further the Agency's goals of
improving management practices for the waste and improving
implementation of the hazardous waste program. [ [Page 25513]]
This change was made in response to several commenters who
indicated that there was some confusion regarding whether all factors
must be addressed for inclusion under part 273. In addition, the text
of proposed 40 CFR 260.34, which indicated that all factors must be
addressed, contradicted the preamble which suggested that not all
factors must be addressed. The Agency chose thiB approach because it

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does not believe that each and every factor must be met in order for a
waste to be appropriate for the universal waste system, and for
regulation of the waste under part 273 to improve waste management and
implementation. Thus, the Agency will make decisions based on the
weight of evidence showing that regulation of a particular waste under
part 273 will further the Agency's goals for the program. It seems
likely, however, that the more factors a petition addresses the more
likely it is that there will be a substantial amount of supporting
evidence.
The Agency notes, however, that resources for making changes to the
hazardous waste regulations are limited, and that these resources must
be focused on areas where the most improvement can be made. In fact,
the Agency does not expect to have the resources to add great numbers
of wastes to the universal waste system. Therefore, the Agency will
prioritize addition of new wastes to the universal waste system based
on the strength of the case made that addition of a particular waste
will further the goals discussed above. For example, as suggested by
one commenter, the Agency would give priority to a waste that is
generated in higher volumes nationally, that a greater percentage of
the waste is hazardous, or that are generated by a larger number of
generators. Priority would be given because addition of such a waste to
the universal waste system is likely to improve overall waste
management and implementation more than addition of a waste that does
not meet these factors. In addition to adding to the strength of such a
case, the completeness and quality of supporting data submitted by a
petitioner may also affect the Agency's prioritization in that the
Agency may not itself be able to expend a great deal of resources
gathering additional data.
Third, the Agency notes that the final rule has been revised to
allow petitions to add, and the addition of, categories of waste to the
universal waste system as well as individual waste types (see 40 CFR
273.80, 273.81, 260.20, and 260.23). This change was made at the
suggestion of one commenter who pointed out that there may be broad
categories of waste that could fit well into the universal waste system
but that are identified by characteristics other than a single waste
classification. For exanqple, wastes that remain in their original
product packaging (e.g., unused products) are easily identifiable, and
presumably the packaging provides protection since it was designed to
protect the product during storage and transportation. The Agency
agrees with the commenter that some categories of waste may be
appropriate for addition to the universal waste system and thus has
made this change. It should be noted that a petition to add any
category of waste would have to make the same demonstration for the
category that a petition would have to make for an individual waste
type.
The following sections discuss each of the factors included in the
final rule and any changes made from the proposal. The final section
discusses proposed factors that are not included in the final rule.
IV.C.2.a. Final Factor 40 CFR 273.81(a)
The Agency has revised proposed Sec. 273.2(a)(1), which addressed
idea that a waste should either be a listed hazardous waste, or
that a proportion of the waste should exhibit one or more
characteristics of hazardous waste in order to be considered for
addition to the universal waste system. In the final rule, this factor,
which is now Sec. 273.81(a) , has been revised by adding a parenthetical
statement discussing wastes that are hazardous due only to exhibiting
characteristics, numerous commenters expressed concern that the Agency
would be adding wastes to the universal waste system that are not
already hazardous. The Agency is clarifying, and would like to

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emphasize, that only wastes that are hazardous (i.e., are listed or
exhibit one or more characteristics of hazardous waste) are subject to
the universal waste regulations. This is because the universal waste
regulations are part of the RCRA hazardous waste regulations, under
which only wastes that are hazardous are regulated. This has been
further clarified by adding a definition of the term ""universal"
waste'' (Bee 40 CFR 273.6 and 260.10), specifically identifying only
hazardous wastes as universal wastes (e.g., hazardous waste batteries).
The Agency understands that this may be confusing in cases where a
waste added to the universal waste system is identified using a generic
name (e.g., battery, thermostat), but only a portion of the waste
stream actually exhibits a characteristic and is thus hazardous. For
example, some battery types exhibit one or more characteristics and are
hazardous, while others may not. The Agency has used the generic term
hazardous waste battery in the universal waste regulation for several
reasons. One reason is that, when appropriate, the Agency wishes to
encourage persons to manage both regulated waste and unregulated waste
in the same collection systems, to eliminate duplication of collection
systems, and to eliminate excess effort identifying, documenting, and
keeping separate regulated waste and unregulated waste. As long as all
commingled waste is managed in a system that meets the requirements of
the universal waste regulations, such efforts are not necessary.
Another reason for using a generic term is to make the system
flexible, so that the regulation does not have to be revised every time
a waste (such as a particular battery type) either becomes hazardous or
is no longer hazardous due to changes in manufacturing practices or
technology. A final reason is that the Agency will likely not be able
to make across the board hazardous waste determinations for entire
categories of waste and must leave that responsibility to individual
waste generators. For example, bb the chemistry in a type of battery
changes over time and varies from manufacturer to manufacturer, some
older batteries may exhibit characteristics while some newer batteries
do not. Given such a situation, it would not be possible for the Agency
to identify individually which batteries are hazardous and which are
not. Thus, the Agency stresses that although generic terms may be used
in same cases, the term will be modified with the phrase *'hazardous
waste1 1 and only those wastes that are hazardous (are listed or exhibit
characteristics) are subject to hazardous waste regulation, including
the universal waste rule.
XV.C.2.b. Pinal Factor 40 CFR 273.81(b)
To retain and expand on the concept included in proposed
Sec. 273.2(a)(2) and discussed in the proposal preamble that universal
wastes are typically generated by a wide variety of types of
generators, the Agency has added another factor to the final rule.
Final Sec. 273.81(b) indicates that wastes that are good candidates for
the universal waste system would not be exclusive to a specific
industry or group of industries, and would commonly be generated by a
wide variety of types of establishments (including, for example,
households, retail and commercial businesses, service businesses,
office complexes, conditionally exempt small quantity generators, small
businesses, government organizations, as well as [[Page 25514]] large
industrial facilities) . This factor is also similar to one proposed by
a commenter who suggested that positive demonstrations, such as this
one, should be utilized in place of negative Bhowings that waBtes are a
""problem1 1 or pose risks because such negative factors will inhibit
persons from petitioning to add their wastes or products. This factor
will assist petitioners and the Agency in determining whether a waste
is appropriate to be added to the universal waste system.
This new factor also addresses an issue raised by several

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commenters; whether industrial wastes could be added to the universal
waste system. As was discussed in the preamble to the proposal, the
Agency does not believe that wastes that are generated primarily in an
industrial setting are appropriate for the universal waste system, in
this context, the term industrial setting, however, is used to describe
locations where large production-type operations are conducted arid
where large quantities of waste are generated. The Agency believes that
wastes that are primarily generated in such BettingB can be managed
under the current hazardous waste regulations because such facilities
are usually set up to comply with the applicable requirements. The new
factor makes it clear that wastes appropriate for addition to the
universal waste system should be generated by a wide variety of types
of establishments, which could include, but should not be exclusively,
large industrial operations. One of the problems the universal waste
rule is designed to address is that a relatively large portion of some
waste types are exenqpt from the hazardous waste regulations (i.e., are
generated by households and CESQGs) and are indistinguishable from the
regulated portion of the waste. This "look alike11 problem makes
implementation of the program for these wastes extremely difficult. For
example, batteries are probably the classic example of a waste type
that is generated by all typeB of establishments, including large
industrial operations. The Agency points out that same wastes
commenters described as industrial11 might be appropriate for the
universal waste system as indicated by the new factor. For example, a
large percentage of antifreeze is generated by do-it-yourselfer
households, while other portions are generated by CESQGs, small
businesses, service businesses, government organizations, as well as
large industrial facilities. The Agency envisions that most wastes that
meet the new factor would be post-user wastes rather than residues from
production or other industrial operations.
IV.C.2.C. Final Factor 40 CFR 273.81(c)
The Agency has essentially retained the proposed factor,
Sec. 273.2(a)(3), which addressed the number of generators of a
candidate waste, as final factor 273.81(c). This factor will assist in
identifying wastes that are appropriate for addition to the universal
waste system. The text of the factor has been revised to indicate that
universal wastes should be generated by a large number of generators,
but that the number 1,000 is an exasple rather than a hard and fast
number. In fact, the Agency believes that in general universal wastes
should be generated by many more than 1,000 generators. The goal of the
universal waste program is to capture wastes that due to their
widespread nature are difficult to manage under the current hazardous
waste regulations. The Agency believeB that a waste must be generated
by a large number of generators in order for regulation under the
universal waste system to contribute largely to improving management
practices and to improving implementation of the hazardous waste
program. Because of this, the Agency doeB not anticipate adding wastes
to the universal waste system that are generated by a small number of
generators (e.g., less than 1,000) in large volumes, as was suggested
by one commenter.
In fact, to further assist in identifying wastes that are
appropriate for the universal waste system, the Agency has added a
qualifier to the final factor clarifying that wasteB that are
appropriate to be added to the universal waste system are frequently
generated in relatively small quantities by each generator. This
concept cones from proposed Sec. 273.2(a)(4)(iv), which was generally
interpreted by coamenters to mean that only wastes generated by small
quantity hazardous waste generators would be considered for addition to
the universal waste system. The revised Sec. 273.81(c) should clarify
that the Agency would consider wastes that are generated in relatively
small quantities by each generator, regardless of the total quantity of

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all hazardous wastes generated by the generator. For example, even a
very large industrial generator of large volumes of hazardous waste may
generate relatively small quantities of batteries. It should be
clarified that this factor is intended only as a gross indicator of
quantities generated* Specifically, the term ""relatively11 is used to
contrast small quantities of universal wastes with the quantities" in
which large volume industrial hazardous wastes can sometimes be
generated, e.g., tens of thousands of pounds or gallons per month.
The Agency also confirms, as was suggested by one commenter, that
the factor concerning number of generators could be applied
prospectively in cases where newly developed products are likely to be
appropriate for the universal waste system. Thus, if a newly developed
product (or redesigned product) can be shown to be likely to be
produced and disposed of in such a way as to be appropriate for the
universal waste system, a petition could be submitted even before there
are actually a large number of generators of the waste.
IV.C.2.d. Pinal Factor 40 CPR 273.81(d)
The final rule retains as Sec. 273.81(d) the factor proposed as
Sec. 273.2(b)(2) which indicates that collection systems that ensure
close stewardship would make a waste a more likely candidate for
addition to the universal waste system. All of the comments addressing
this factor were positive. The Agency emphasizes, however, that this
factor is not intended to be biased toward collection systems run by
product manufacturers. Although manufacturers may have easy access to
information about products that may assist them in developing
collection programs, the goal of this factor is to facilitate addition
of wastes to the universal waste system that are most likely to be
collected, and to be collected in a manner that ensures good management
of the waste. Thus, any collection system that would ensure good
stewardship would be a favorable factor, regardless of what
organizations run the program. The Agency also notes that the economics
of collecting and recycling or disposing of a waste can provide some
insight into the stewardship that may be provided a waste. For example,
if a waste can be recycled at profit, it may be more likely that
collectors will maintain close stewardship of the waste.
IV.C.2.e. Final Factor 40 CFR 273.81(e)
Proposed factor 273.2(b)(1), which addressed the risk posed by the
waste during accumulation and transport, has been retained largely aB
it was proposed. The final factor, Sec. 273.81(e), has been revised to
clarify that good candidate wastes for the universal waste system would
pose relatively low risks compared to other hazardous wastes during
accumulation and transport. This revision should clarify that, although
it is possible that a candidate universal waste may pose more risk than
other non-hazardous wastes during [[Page 2S515]] accumulation and
transport (since they are identified as hazardous) , wastes appropriate
for the universal waste system should pose relatively less riBk than
other hazardous wastes since the universal waste accumulation and
transport requirements are relatively less stringent than the existing
hazardous waste regulations. Examples of reasons a waste might pose
relatively low riBk during accumulation and transport include the
construction or physical form of the product or waste, packaging of the
waste, chemical characteristics of the waste, ease of containment, and
standard handling procedures for the waste.
The final factor (Sec. 273.81(e)) also addresses, as did the
proposed version, the concept that waBte management requirements
appropriate for the universal waste regulations can be used to mitigate
risks posed by accumulation and transport of the waste. This part of
the factor has been clarified to indicate that petitioners should

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suggest or reference waste management requirements specific for the
candidate waste that could be added to the universal waste regulations
(or that are independently applicable, e.g., DOT requirements) that
would protect human health and the environment from risks posed by the
waste during accumulation and transport. Such waste management
requirements may include volume reduction incident to collection
activities. The activities should be designed to ensure that these
management practices do not dilute the hazardous constituents or
release them to the environment. For example, if mercury-containing
lamps were considered for addition to the universal waste Bystem,
crushing might be allowed as appropriate management if the crushing
process was performed in a controlled unit which did not allow any
releases of mercury or other hazardous constituents to the environment.
XV.C.2.f. Final Factor 40 CFR 273.81(f)
The Agency has revised and combined proposed Sec. 273.2(b)(3) and
part of proposed Sec. 273.2(a)(2), which addressed, respectively,
whether addition to the universal waste system would facilitate removal
of the waste from the municipal waste stream and the presence of the
waste in the municipal waste stream. The revised factor,
Sec. 273.80(f), addresses whether "regulation of the waste under part
273 will increase the likelihood that the waste will be diverted from
non-hazardous waste management systems (e.g., the municipal waste
stream, non-hazardous commercial or industrial waste stream, municipal
sewer or stormwater systems) to recycling, treatment, or disposal in
compliance with Subtitle C of RCRA.11
The Agency combined the two proposed factors to reduce the
duplication that several cammenters pointed out existed in the two sets
of factors. The revised factor encompasses the concepts included in
both the proposed factors, in that it would be necessary to show that
some portion of a waste is being managed in non-hazardous waste
management systems in order to argue that regulation under part 273
would increase the likelihood of diversion from these systems.
The revised final factor also addresses diversion of waste from
non-hazardous waste management systems generally, rather than
specifically from the municipal waste stream. This revision was made in
response to a number of cammenters who pointed out that the goal of the
universal waste system should be to improve management of wastes that
are managed in any type of non-hazardous waste system, such as, for
example, disposal through municipal sewer systems. These canmenters
suggested that the term implied that the only waste management Bystem
the agency was interested in removing hazardous wastes from was the
municipal solid waste stream. The Agency agrees that the term
* "municipal waste stream'' was too specific and could have been
interpreted to prevent addition of wastes to the universal waste system
that may be primarily managed in non-hazardous waste systems other than
the municipal solid waste system. This was not the Agency'b intent.
Thus, the revised factor ubbb the term ""non-hazardous waste management
systems'' provides some examples to clarify this point.
In addition, the revised factor focuses more on a positive showing
that regulation under the universal waste system will improve waste
management, rather than a negative showing that the waste is being
managed -improperly. Several cammenters argued that requiring such a
negative Bhowing would discourage potential petitioners from seeking
the benefits of the universal vaBte system. For example, canmenters
argued that manufacturers and generators would not want to develop and
submit data that demonstrate that their used products or wastes are
"problem'' wastes that are managed illegally and pose significant
risks to human health or the environment. Requiring submission of such
data would force petitioners to stigmatize their wastes, and could

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potentially subject them to significant liabilities in the future.
It should also be noted that diversion of unregulated portions of a
waste, such as household waste and CESQG "waste, from non-hazardous
waste management systems could be a reason to add a waste to the
universal waste system. For example, in some cases it may be likely
that facilitating the collection of commingled regulated and
unregulated waBte would encourage development of collection systems
that could divert significant quantities of the waste, including
unregulated waste, from non-hazardous waste management systems. Such a
showing would not require petitioners to focus on management of
regulated waste in non-hazardous waste management systems.
IV.C.2.g. Final Factor 40 CFR 273.81(g)
Proposed factor 273.2(b)(5) addressing improved implementation of
the hazardous waste program has been essentially retained in the final
rule as Sec. 273.81(g). Commenters supported the factor as proposed.
The final factor has been revised only to clarify that improving
compliance with the hazardous waste program is em important facet of
improving implementation of the program. ThuB, the final factor
specifies that if regulation of a waste under the universal waste
system is likely to improve both implementation and compliance, a waste
would be a stronger candidate for addition to the system.
XV.C.2.h. Pinal Factor 40 CFR 273.81(h)
Finally, one cammenter requested additional guidance on what other
factors might be addressed under the proposed factors that discussed
""other appropriate information'' and "such other factors as may be
appropriate *' (proposed Sees. 273.2(a)(6) and 273.2(b)(6)). These
factors have been combined in the final rule as Sec. 273.81(h), which
addresses ""such other factors as may be appropriate.11 In response,
there is no list of specific subjects that the Agency expects might be
addressed under this factor. The Agency retained this factor because it
believes that it is likely that for any particular waste or waste
category there may be unique factors which would demonstrate that
regulation under the universal waste system is: Appropriate for the
waste or category of waste; will improve management practices for the
waste or category of waste; and will improve incrementation of the
hazardous waste program. These unique factors might result from
physical or chemical characteristics of the waste, characteristics of
waste generators (e.g., [[Page 25516]] organization or distribution of
generators), characteristics of collection programs, or other aspects
of the waBte or its management. The Agency does not mean to imply that
petitioners must address other factors, but believeB that it is
isportant to be able to take unique factors into account if such
factors exist.
XV.C.2.1. Proposed Factors Hot Included in the Final Rule
First, the proposed factor 273.2(a)(4), which addressed typical
generation sites, is not included in the final rule. Commenters
overwhelmingly argued that the proposed factor would unintentionally
limit universal wastes because there are few wastes generated at such
locations, and would limit universal wastes to wastes generated by
small businesses, many of which would be CESQGs anyway. The Agency had
intended that this factor would assist in identifying wastes that are
generated in situations that make them more difficult to manage and
thus the universal waste system could improve management. However, the
Agency agrees that the proposed factor was overly restrictive, and that
many waBteb appropriate for the universal waste system may not be
generated primarily at the types of locations described. The Agency
recognizes that although universal wastes may frequently be generated
by large organizations, due to the small quantity and type of waste

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generated at any one location, regulation under the universal waste
system may be appropriate if the goals of the system would be advanced.
Thus, the Agency decided to delete this factor. However, as discussed
above, one concept from the proposed factor has been clarified and
added to another final factor. Specifically, the idea that universal
wastes are frequently generated in relatively small quantities by any
one generator has been added to final Sec. 273.81(c).
Second, the proposed factor 273.2(a)(5), which addressed the risk
posed by management of the waste in the municipal waste stream (e.g.,
municipal waste combustors or landfills), is also not included in the
final rule. The Agency agrees with numerous cammenters who pointed out
that any waste that has been identified as hazardous waste (i.e., is
either listed or exhibits one or more characteristics), by definition
could pose a risk to human health or the environment under non-
hazardous waste management scenarios. The purpose of identifying wastes
as hazardous waste is to identify those that pose such risks. Since
only hazardous wastes are eligible for the universal waste system, the
Agency decided it is not necessary to require any additional
demonstration of risk for typical management scenarios. The Agency also
agrees with commenters who argued that requiring such a demonstration
of risk would inhibit petitioners because they would be unwilling to
stigmatize their products or wastes or increase future liabilities by
highlighting the risks posed by the products or wastes in non-hazardous
management systems.
Third, the proposed factor 273.2(b)(4), which addressed the
availability of recycling technologies, is also not included in the
final rule. Commenters were divided on this issue, but the Agency
agrees with several points made by commenters opposing the use of this
factor. Several commenters argued that recycling technology is quickly
developing and that the availability of volumes of input material is a
major factor in driving this development. Thus, using the prior
existence of recycling technology as a factor for adding wastes to the
universal waste system may inhibit collection of volumes of potentially
recyclable wastes and thus may actually inhibit development of
technologies for recycling. The Agency thus believes it is appropriate
to evaluate wastes for addition to the universal waste system based on
other factors, such as whether waste management practices for a waste
will be improved, regardless of whether the waste is recycled or
treated and disposed of under existing Subtitle C requirements.
Other commenters argued that the environmental benefits of removing
hazardous wastes from non-hazardous waste management systems should not
be lost only because a recycling technology has not yet been developed
for a particular waste type. Although the Agency encourages
environmentally protective recycling of hazardous wastes, this argument
is convincing. The Agency would prefer to get hazardous wastes out of
non-hazardous waste management systems as soon as possible, rather than
waiting for a recycling technology to develop, which in some cases may
be technologically or economically unlikely.
rv.D. Participants In the universal waste Systea
The following three sections describe the four regulatory
categories of participants in the final universal waste management
system: Small quantity handlers of universal waste, large quantity
handlers of universal waste, transporters, and destination facilities.
The differences between these categories and the proposed categories of
generators, consolidation points, transporters, and destination
facilities are also described.

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IV.D.l. Snail and Large Quantity Handlers of Universal Waste
In the proposed rule, regulated persons managing universal waste
were categorized into four categories: Generators, consolidation
points, transporters, and destination facilities. In the final rule
there are also four types of regulated persons. The transporter and
destination facility categories are retained essentially as they were
proposed. The persons who would have been included in the proposed
generator and consolidation point categories will now fit into either
the category of small quantity handlers of universal waste (SQHOWs) or
the category of large quantity handlers of universal waste (LQHDWs).
Under 40 CFR 273.6 of the final rule, a Universal Waste Handler is
defined to mean a generator of universal waste or the owner or operator
of a facility, including all contiguous property, that receives
universal waste from other universal waste handlers, accumulates
universal waste, and sends universal waste to another universal waste
handler, to a destination facility, or a foreign destination. The
Agency further clarifies the definition of Universal Waste Handler by
stating that a Universal Waste Handler does not mean: (1) A person who
treats (except under the provisions of Sec. 273.13 (a) or (c), or
273.33 (a) or (c)), disposes o£, or recycles universal waste; or (2) a
person engaged in the off-site transportation of universal waste by
air, rail, highway, or water, including a universal waste transfer
facility (see preamble discussion under sections IV.E.8 of today's
rule).
In the final rule, the term Universal Waste Handler is subdivided
into two categories: Small Quantity Handler of Universal Waste (SQHUW)
and Large Quantity Handler of Universal Waste (LQHUW). Part 273.6
defines a Small Quantity Handler of Universal Waste to mean a universal
waste handler, as defined above, who does not accumulate 5,000
kilograms or more total of universal waste (batteries, pesticides, or
thermostats, calculated collectively) at any time. A Large Quantity
Handler of Universal Waste is defined in Sec. 273.6 to mean a universal
waBte handler (as defined above) who accumulates 5,000 kilograms or
more total of waste (batteries, pesticides, or thermostats, calculated
collectively) at any time. The 5,000 kg accumulation cut-off level does
not refer to any one category of universal waste, calculated separately
but refers to the total quantity [[Page 25517]] of universal waste
accumulated on-site. Thus, a universal waste handler who accumulates
one or more categories of universal waste (batteries, pesticides, or
thermostats) must determine their status as a small or large quantity
handler of universal waste by calculating the total quantity of all
universal waste categories accumulated on-site.
The Agency decided to make this change for several reasons. First,
numerous commenters BuggeBted that there should be a third category of
universal waste handler: front-line collectors of universal waste who
collect small quantities of universal waste, largely from consumers and
small businesses. These coomenters pointed out that such collectors
would frequently be retail-type operations (e.g., a department or
specialty store that has a spent battery collection box) participating
in national or regional collection programs. Such front-line collectors
would likely accumulate only small quantities of universal waste
because they are not principally in the business of managing waste and
because they would ship wastes frequently using package shipping
services or similar systems set up by the collection programs.
These cconnenters argued that front-line collectors Bhould be
subject to less stringent requirements than the proposed consolidation
point requirements for several reasons. One reason was that the
universal waste they would have on-site would pose limited risk due to
the small quantities involved. Another reason was that some of the

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requirements would inhibit the participation of many retail-type
operations (such as the large retail chains) which would greatly limit
the success of universal waste collection programs in removing these
wastes from the solid waste stream.
The Agency agrees with the concept that the activities of persons
such as front-line collectors managing small quantities of universal
waste pose less risk and require less stringent standards than those
managing larger quantities of universal waste. Therefore, instead of
adding an additional category of front-line collectors with less
stringent standards, the Agency decided to extend this concept to all
persons both generating and collecting universal waste. Thus, under the
final rule, persons accumulating large quantities of universal waste
(5,000 kilograms or more accumulated on-site) are subject to more
stringent requirements than persons accumulating small quantities.
The second reason the Agency decided to restructure the categories
of persons managing universal wastes was in response to comments
received on the issue of recordkeeping for universal waste shipments.
The Agency had proposed that a manifest be required for shipments from
final consolidation points to destination facilities, based on the
concept that such shipments would be larger shipments and thus require
closer tracking. In addition to other issues, a number of commenters
pointed out that it is not necessarily true that shipments from
consolidation points to destination facilities will be larger
shipments. For example, shipments between consolidation points or
between generators and destination facilities may also be large
shipments.
The Agency agrees that it does not necessarily make sense from a
risk perspective to require recordkeeping for certain shipments based
solely on the type of universal waste management activity conducted by
the shipper and receiver (i.e., whether the shipper generates or
collects universal waste or whether the receiver collects or disposes
of universal waste). The Agency believes that the appropriate variable
for applying more stringent requirements is the quantity of waste
managed, not whether waste is generated or received from off-site.
Therefore, under the final rule the level of requirements applied to
any handler (i.e., small or large quantity handler requirements) is
based purely on how much universal waste is managed at the location.
Requirements for SQHUWs and LQHUWs, including notification requirements
are found in subparts B and C, respectively, of today's final rule.
These requirements are discussed in detail in this preamble under
section IV.E., Universal Waste Handler Requirements.
IV.D. 2. Transporters
In the final rule, transporter is defined as ""a person engaged in
the off-site transportation of universal waste by air, rail, highway,
or water.' ' This definition remains substantially unchanged from the
proposed definition, except that the term ""universal waste' 1 has
replaced the term ~'hazardous waste.' ' Persons meeting the definition
of transporter are subject to the universal waste transporter
requirements of subpart D of part 273. Using the term ~ "universal
waste' ' merely clarifies that the part 273 transporter requirements
apply only to shipments of universal waste.
The universe of persons covered by the transporter definition is
the same as that covered by the proposed definition, and includes those
persons who transport wastes from one universal waste handler to
another, to a destination facility, or to a foreign destination. In
response to several commenters1 questions about self-transportation of
universal waste by generators, the final rule also clarifies in 40 CPR
273.18(b) 273.38(b) that any handler who self-transports universal

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waste from his facility to another handler, a destination facility, or
a foreign destination, becomes a universal waste transporter for those
Belf-transportation activities and i6 subject to the requirements of
subpart D of this rule. The purpose of this language is simply to
clarify, for any handlers who might be unsure, that a handler
transporting his or her own universal waste off-site is regulated the
same as anyone else would be transporting that universal waste off-
site.
IV.D.3. Destination Facilities
In the proposed part 273 regulations, a destination facility was
defined as "a hazardous waste treatment, storage, recycling, or
disposal facility which: (1) Has received a permit (or interim status)
in accordance with the requirements of parts 270 and 124 of this
chapter, (2) has received a permit (or interim status) from a state
authorized in accordance with part 271 of this chapter, or (3) is a
recycler regulated under 40 CFR 261.6 (c)(2). If a waste is destined
for a facility in an authorized state which has not yet obtained
authorization to regulate that particular waste as hazardous, then the
designated facility must be a facility allowed by the receiving state
to accept such waste.1'
Many cammenters argued that this definition should be revised to
include only facilities that are actually recycling or disposing of
universal wastes. For example, they argue that a facility that only
receives shipments of used hazardous waste batteries, consolidates
them, and then ships them to a recycling facility should not be defined
to be a "destination facility' ' just because it is already a RCRA
permitted or interim status facility due to other activities conducted
at the facility. Cammenters pointed out that non-permitted facilities
conducting the exact same universal waste management activities would,
under the proposed rule, be defined as consolidation points and would
be subject to the less stringent consolidation point requirements.
Cammenters argued that it does not make sense to regulate facilities
differently that are conducting the same universal waste management
activities.
Cammenters further noted that defining a destination facility in
terms of whether or not it has a RCRA permit would require any facility
operating under a RCRA. Part B permit to manage this waste under the
full Subtitle C [[Page 25518]] regulations instead of the less
stringent requirements contained in the proposed part 273 regulations,
whether or not they are actually treating or recycling the universal
waste. Cammenters also pointed out that this definition would provide
an incentive for managing universal waste at unpermitted facilities
with less experience in hazardous waste management and would inhibit
management at permitted facilities that have hazardous waste management
experience as well as oversight from regulating agencies. Cammenters
stated that although the proposed rule provided flexibility for most
managers of universal waste, the proposed definition of destination
facility would restrict the ability of permitted facilities to manage
universal wastes.
The Agency agrees with these ccmmenters and did not intend for the
destination facility requirements under part 273 to apply to permitted
hazardous waste facilities serving solely as consolidation areas for a
particular category of universal waste. The Agency agrees that the more
stringent destination facility requirements should apply only to those
facilities that actually treat, recycle and/or dispose of a particular
category of universal waste. Permitted facilities that only consolidate
a particular category of universal waste, but do not treat, recycle,
and/or dispose of this particular category of waste, should be subject
to fH* small or large quantity handler of universal waste requirements

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under part 273, as appropriate. Thus these facilities would be subject
to the same requirements as any other facility that conducts the same
universal waste management activities.
Thus, in today's Final Rule, the definition of destination facility
has been revised to clarify this point. In Sec. 273.6 of the final
rule, destination facility is defined as * *a facility that treats,
disposes of, or recycles a particular category of universal waste
except those management activities described in paragraphs (a) and (c)
of Sees. 273.13 and 273.33. A facility at which a particular category
of universal waste is only accumulated, is not a destination facility
for purposes of managing that category of universal waste.'' By
defining a destination facility based on the universal waste management
activity conducted at the facility rather than by whether the facility
has a RCRA permit for other waste management activities, the final rule
indicates that only facilities that actually treat, dispose of, or
recycle a particular category of universal waste must comply with the
destination facility requirements at Sec. 273.60. The universal waste
handler definition (Sec. 273.6) has also been structured to conform to
this change and includes all facilities that accumulate a particular
category of universal waste but do not treat, dispose of, or recycle
them. Thus, such facilities must comply with only the appropriate
universal waste handler requirements for managing that particular
category of universal waste regardless of whether they have a permit
for management of other hazardous wastes or other categories of
universal waste which they do treat, recycle, and/or dispose.
Therefore, a facility which only accumulates a particular category of
universal waste is a universal waste handler for that particular
category of universal waste. However, if this facility also treats,
recycles, and/or disposes of another category of universal waste, that
facility is a destination facility for that particular category of
universal waste and must comply with the destination facility
requirements for that category of waBte.
XV.E. Universal Waste Handler Requirements
As described in Section III, Summary of Final Universal
Regulations, subparts B and C of part 273 set forth the final
requirements for small and large quantity handlers of universal waste.
Each of these subparts consists of ten sections. All but three of the
sections include requirements that are the same for both small and
large quantity handlers of universal waste. However, the notification
and tracking sections for LQHUWs include regulatory requirements, while
these same sections for SQHUWs merely explain that small quantity
handlers are not Bubject to notification and tracking requirements.
Also, the employee training section for large quantity handlers of
universal waste includes more extensive requirements than does the
employee training section for small quantity handlers of universal
waste.
The requirements included in the final rule for each of the ten
universal waste handler sections are discussed in detail in the
following subsections of this preamble. Any changes made front the
proposed rule, comments received on the proposed requirements, and the
Agency's responses to these comments are also discussed.
TV.B.l. Prohibitions
In the proposed rule, the Agency proposed three prohibitions that
were applicable to generators, transporters, and consolidation points
managing universal waste. First, these handlers were prohibited from
diluting or disposing of universal waste, except that the existing
Sec. 262.70 provision allowing farmers to dispose of waste pesticides
from their own use on their own farms was retained. Second, handlers

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were prohibited from treating waste, except by removing electrolytes
from batteries or responding to releases. Third, handlers were
prohibited from sending or taking universal waste to a place other than
a consolidation point, destination facility, or foreign destination. In
the final rule, the three prohibitions have been revised in response to
comment as discussed below, and are applied to small quantity handlers
of universal waste, large quantity handlers of universal waste, and
transporters of universal waste. The final prohibitions for small and
large quantity handlers of universal waste are found, respectively, in
Sees. 273.11 and 273.31 of this final rule. The handlers to which the
prohibitions apply under the final rule are the same as under the
proposal since the universe of small and large quantity handlers of
universal waste under the final rule is the same as the universe of
generators and consolidation points under the proposal. (See section
rv.D.l of today's preamble for a full discussion of universal waste
handlers).
XV.E.l.a. Prohibition on Disposal
The first proposed prohibition is related to dilution and disposal
of universal waste and has essentially been retained in the final rule,
although dilution has been moved and included in the second prohibition
concerning treatment. Thus, the first prohibition now simply prohibits
handlers from disposing of universal waste. In the proposal, farmers
disposing of waste pesticides from their own use on their own farms, in
compliance with 40 CFR 262.70 were exempted from the part 273
management standards. In the final rule, management under 40 CFR 262.70
is still permissible, however it is not written as an exenption. Part
273.3(b)(1) states that farmers using this exemption are not covered
under part 273. As proposed, the 40 CFR 262.70 provision allowing
farmers to dispose of waste pesticides from their own use on their own
farms has been retained. Cooimenters generally did not disagree with the
prohibition on disposal. A number of cooimenters added that the proposed
prohibition on disposal is reasonable. Thus the Agency has retained the
prohibition essentially aB proposed at Sees. 273.11 and 273.31 of
today's final rule.
IV.E.l.b. Prohibition on Treatment
The second proposed prohibition on treatment of universal waste has
been retained in the final rule, but several [[Page 25519]] revisions
have been made. As mentioned above, the dilution prohibition was moved
from the first prohibition and combined with the second treatment
prohibition. This change clearly separates disposal activities from
treatment activities, since dilution is a form of treatment. Further,
by combining the treatment and dilution prohibitions into the same
provision it is further clarified that exceptions identified to the
treatment prohibition also apply to the dilution prohibition. Also, the
proposed treatment prohibition included one exception allowing the
removal of electrolyte from batteries as long as certain requirements
were met. (See proposed Sees. 273.11(d)(2) and 273.11(e)(1)) .
Cooimenters generally supported the exception on electrolyte removal.
Thus, the substance of this exception has been retained. In the final
rule, however, the electrolyte removal exception has been made part of
a more general exception for routine battery management activities,
which has been added for small and large quantity handlers of universal
waste under sections 273.13(a)(2)(vii) and 273.33(a)(2)(vii). This more
general exception allows handlers of universal waste batteries to
conduct routine battery management activities as long as the casing of
each individual battery iB not breached and remains closed and intact.
Routine battery management activities include sorting batteries by
type, mixing battery types in one container, discharging batteries,
regenerating used batteries, disassembling battery packs, removing

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batteries from discarded consumer products, or removing electrolyte
from batteries. The types of battery management activities that are
allowed under the exception and the requirements that must be met are
referenced in the prohibitions section and detailed in the waste
management section. iSee, for example, 40 CFR 273.11(b), 273.13(a)(2)
and (3), and 273.33(a)(2) and (3) of the final rule.) The requirements
for battery management are discussed further in section IV.E.3.a of the
preamble, waste management.
Numerous commenters argued that the treatment prohibition could be
construed to preclude persons collecting batteries from performing
activities that are necessary and essential to battery collection and
management. Second, commenters believed that such management activities
do not pose an appreciable risk to the environment because the battery
casings remain intact and thuB there is no increase risk of exposure or
release of battery contents to the environment. Finally, commenters
argued that these activities are necessary to facilitate proper
recycling. Therefore, the Agency has added text to the prohibitions
section under Sec. 273.11(b) which prohibits treatment of universal
waste batteries except in response to releases or management of
batteries as provided in Sees. 273.13(a)(2) and 273.33(a)(2). These
sections allow certain battery management activities provided that the
casing of each individual battery is not breached and the battery
remains closed and intact.
In response to comment, another exception to the treatment
prohibition has been added to the final rule that allows certain
thermostat management activities. This exception allows handlers to
remove mercury-containing ampules from thermostats. As with the battery
management exception, these activities must meet certain requirements
referenced in the prohibitions section and detailed in the waste
management section. (See, for example, 40 CFR 273.11(b), 273.13(c)(2)
and (3), and 273.33(c) (2) and (3). The requirements for ampule removal
are discussed further in section, IV.E.3.C, waste management, of
today1b preamble.
This exception for anpule removal has been added to the final rule
in response to a comment. The cammenter argued that all the mercury is
located within the ampule not the entire thermostat and, therefore,
only the mercury ampule, not the entire used mercury containing
thermostat, should be regulated. The cammenter also argued that removal
of used mercury ampules from the thermostats will be done by trained
personnel in a setting where appropriate health and safety measures
have been instituted. The Agency agrees with the cammenter and has
included a thermostat management exception for small and large quantity
handlers of universal waste, 40 CFR 273.13(c) and 40 CFR 273.33(c), who
conduct mercury ampule removal activities, provided that they meet the
regulatory provisions of part 273 for mercury ampule removal. For
further discussion regarding mercury ampule removal, please refer to
section IV.B.3.C, waste management.
Finally, some commenters were concerned that the proposed treatment
prohibition, for all universal waste types, unfairly limited universal
waste management activities of generators. These commenters Btated that
under full Subtitle C regulation, generators are allowed to treat
hazardous waste in accumulation containers (Sec. 262.34(a) and (d)),
therefore, compliance with full Subtitle C requirements is less
restrictive for generators than the streamlined part 273 standards. The
Agency disagrees with the commenters and revises the prohibition
provisions of today's final rule with the modifications mentioned
above. The Agency points out that the existing accumulation provisions
are available only to regulated generators who have EPA identification
numbers and are complying with the full part 262 requirements including
90- or 180-day accumulation time limits (and permitting for exceeding

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these limitB), 40 CFR 262.34 accumulation unit standards, biennial
reports, and manifests. The Agency does not believe it is appropriate
to allow a similar provision for generators who are not required to
comply with the part 262 controls, but are instead following the
streamlined requirements of the universal waste regulations.
IV.E.I.e. Prohibition on Shipments of Universal WasteB
The third proposed prohibition on sending or taking universal waste
to a place other than specifically identified locations (e.g.,
generators could take their universal waste only to a consolidation
point, destination facility, or foreign destination) has been
substantially retained in the final rule, with minor modifications. In
the final rule, this prohibition has been moved to new sections
entitled off-site shipments. (See 40 CFR 273.18(a) and 273.38(a).) In
the final rule, this provision has been revised to fit the categories
of universal waste handlers used in the final rule. (See section IV.D.l
of today's preamble for a full discussion on universal waste handlers).
The prohibition has been substantially retained in the final rule, but
has been modified to allow shipment to any universal waste handler. The
off-site shipment prohibition is discussed in detail in section IV.E.8
of this preamble entitled off-site shipments.
IV.E.2. Notification
In the proposed rule, the Agency required generators and
consolidation points accumulating more than 20,000 kg of hazardous
waste batteries at any time to notify EPA of their waste management
activities. EPA requested comment on the proposed approach not to
require generators of universal waste pesticides to notify, and the
proposed notification quantity limits.
The notification requirement in the proposed rule consisted of a
letter to the EPA Regional Administrator identifying the generator's
facility. Specifically, generators and consolidation points
accumulating more than 20,000 kg of hazardous waste batteries at any
one [ [Page 25520] ] time were required to send a one-time written
notification to the EPA Regional Administrator describing their
hazardous waste battery accumulation activities. EPA would then assign
an EPA identification number. Information required in the written
notification included: (1) The generator's or consolidation point's
name and mailing address; (2) the name and business telephone number of
the person at the generator's or consolidation point's site who should
be contacted regarding the battery accumulation activity; (3) the
address or physical location of the battery accumulation activity; and
(4) a statement indicating that the generator or consolidation point
accumulates more than 20,000 kilograms of hazardous waste batteries.
Alternately, a generator or consolidation point could apply to the EPA
Regional Administrator using EPA Form 8700-12, ""Notification of
Regulated Waste Activity,'' and checking the appropriate box indicating
that they are a hazardous waste generator or consolidation point.
The Agency did not propose notification requirements for generators
and consolidation points handling only hazardous waste pesticides that
are suspended and/or canceled and recalled. As discussed in the
preamble to the proposed rule (58 FR 8121), the Agency considered the
requirements for identifying recall participants and recordkeeping,
authorized by FIFRA section 19 (b) , to provide sufficient information
concerning the identity and location of persons managing these
pesticides. In addition, FIFRA section €(g) requires notice to EPA and
appropriate state and local officials of the location, quantities, and
possession of pesticides that are suspended or canceled under FIFRA
section 6.

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Based on commenters1 support for the Agency's decision not to
require the part 273 notification requirements for generators or
consolidation points accumulating recalled pesticides, the Agency has
decided to retain this exemption. Thus, under the final rule a person
who handles only (e.g., does not manage other universal waste) recalled
universal waste pesticides as described in 40 CFR 273.3(a)(1) and who
has sent notification to EPA as required under FIFRA section 19(b)
6(g) is not required to notify under Sec. 273.32 of today's rule.
In the final rule, the Agency has also decided to retain the
notification provisions for hazardous waste batteries found in the
proposed rule, with some minor revisions. In the final rule, the
notification requirements have been modified by: (1) Expanding the
notification requirements to accommodate additions to the applicability
section of the rule; (2) incorporating the revisions made in the final
rule regarding the categorization of generators and consolidation
points; (3) reducing the 20,000 kilogram cut-off level for
notification,- and (4) clarifying that cut-off for the notification
requirements apply on a site-by-site'1 basis. These modifications are
discussed below.
First, the Agency has broadened the applicability of the final rule
to include, along with hazardous waste batteries, unused pesticide
products and used mercury-containing thermostats. Thus, in the final
rule, notification requirements previously required only for hazardous
waste batteries also apply to unused pesticide products and used
mercury-containing thermostats under Sees. 273.3 and 273.4
respectively. A full discussion regarding the expansion of the
universal waste rule to unused pesticides products and used mercury-
containing thermostats can be found in sections IV.E.3.b and IV.E.3.C,
respectively, of today's preamble.
Second, the final rule has been revised fran the proposed rule such
that generators and consolidation points are now designated as
universal waste handlers. The persons who would have been included in
the proposed generator and consolidation point categories will now fit
into either the category of small quantity handlers of universal waste
(defined in Sec. 273.6 as a universal waste handler who accumulates
less than 5,000 kilograms total of universal waste (batteries,
pesticides, or thermostats, calculated collectively) at any time) or
the category of large quantity handlers of universal waste (defined as
in Sec. 273.6 as a universal waste handler who accumulates 5,000
kilograms or more total of universal waste (batteries, pesticides, or
thermostats, calculated collectively) at any time). Thus, under the
final rule, universal waste handlers accumulating large quantities of
universal waste are subject to more stringent requirements than persons
accumulating small quantities.
The Agency believes that the appropriate variable for applying more
stringent requirements is the quantity of waste managed, not whether
the waste is generated or collected. The Agency selected 5,000
kilograms of accumulated waste as the cutoff for this notification
requirement (i.e., as the cut-off between small and large quantity
handlers of universal waste) because the universal waste rule is
designed for wastes that present a relatively low risk during
collection (compared to other hazardous waste), and thus it is
appropriate to have a higher cut off limit for this notification
requirement	applies under the full hazardous waste regulations
(i.e., the conditionally exempt small quantity generator limit of 1,000
kg) . Further information regarding small and large quantity handlers of
universal waste, can be found in section IV.D.l of the preamble.
A third modification made to the notification requirements reduces
the notification cut-off level from 20,000 kilograms to 5,000 kilograms

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total of universal waste. In the proposal, as stated above, generators
or consolidation points accumulating more than 20,000 kilograms of
universal waste batteries would have been required to notify EPA. Under
today's final rule, the applicability of part 273 has been expanded to
also include unused pesticide products and thermostats. Thus, under the
final rule, universal waste handlers accumulating 5,000 kilograms or
more total of universal waste (batteries, pesticides, or thermostats)
at any one time are required to notify EPA of this activity. Therefore,
a universal waste handler who accumulates 5,000 kilograms or more total
of universal waste at any one time is designated a large quantity
handler of universal waste and is subject to the notification
requirements of 40 CFR 273.32. However, a universal waste handler who
does not accumulate 5,000 kilograms total of universal waste (e.g.,
batteries, pesticides, or thermostats, calculated collectively, at any
one time) is designated a small quantity handler of universal waste and
is not subject to any notification requirements under part 273. The
Agency points out that since the universe for generators and
consolidation points and universal waste handlers are the same, the
only difference between the proposed notification requirements and the
notification requirements of this final rule is the cut-off level.
Thus, the notification provisions in today's rule have not changed
substantially. In addition, as explained previously, handlers of
recalled pesticides only need notify if they have not already notified
under FIFRA.
The Agency's decision to reduce the cut-off level was based on
recommendations by a number of commenters. Although some commenters
generally supported the 20,000 kilogram cut-off level, several
commenters recommended that EPA reduce the level because the 20,000
kilogram cut-off was excessive and that most generators or
consolidation points would not accumulate such large amounts of
universal waste. These coonnenters suggested reducing the
[[Page 25521]] notification quantity limit to 1,000 kilograms. Another
commenter recommended reducing the 20,000 kilogram notification limit
to 5,000 kilograms total because the reduction eliminates the small
one-time collections and average size generators while ensuring that
regulatory agencies are aware of the larger generators and more
permanent consolidation points. The Agency agrees with the ecomenter
and believes that such a quantity level is appropriate. EPA believes
that the amount of universal waste that a facility is accumulating is a
good indicator of the quantities of waste that the facility is
handling, is easily verified by regulating agencies through an
inspection of the facility, and is a good indicator of the risk posed
by management of universal waste at the facility.
The Agency also believes that the 5,000 kilogram quantity limit
will not obstruct people managing universal waste from participating in
the universal waBte collection program because the recordkeeping
requirements for large quantity handlers of universal waste is basic
enough to be fulfilled by standard business records. Thus, handlers
will arrange universal waste management activities to achieve
efficiency rather than to avoid regulatory requirements. To achieve
efficiency, those facilities handling large quantities in short periods
of time will naturally accumulate these large quantities in order to
take advantage of the economies of scale available from making fewer
large shipments of universal waste, as opposed to numerous small
shipments. The Agency, however, would like to emphasize that all
handlers who anticipate accumulating 5,000 kilograms or more total of
universal hazardous waste at any one time must send written
notification to the Regional Administrator, and receive an EPA
Identification Number before exceeding the 5,000 kg quantity limit.
Finally, the Agency has clarified in the final rule that the
notification requirement is a one-time notification for facilities

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accumulating 5,000 kilograms or more total of universal waste,
calculated collectively on-site. The Agenry believes clarification is
necessary because a number of commenters raised the question of whether
or not notification is necessary only when a particular site exceeds
the cut-off limit or.if notification is required if an entire company
accumulates greater than the cut-off limit at all of its sites
combined. Commenters specifically recommended that the cut-off figure
apply on a location, or ~'site-by-Bite11 basis and not on a company-
wide basis. The Agency agrees with commenters' recommendation to
require notification on a ~"site-by-site'' basis only. The Agency
believes the notification requirement in the proposed rule, and in
today's final rule, already addresses this concern. In addition, the
Agency clarifies that renotification is not required for large quantity
handlers who have previously notified. This means that if a large
quantity handler of universal waste has already notified EPA of his
hazardous waste management activities and has received an EPA
identification number, he is not required to re-notify under 40 CFR
273.32.
The final rule maintains the notification requirements of the
proposal, but has reduced the 20,000 kilogram cut-off level to 5,000
kilograms as discussed previously. The notification requirements of
Sec. 273.32 recognize that a person may own several non-contiguous
properties which accumulate universal waste independently of each
other. Ihe notification requirement under Sec. 273.32 does not require
a company owning non-contiguous properties to add together the total
quantity of universal waste accumulated at each non-contiguous property
and subsequently notify EPA if the total quantity of universal waste
for all non-contiguous properties equals or exceeds 5,000 kilograms.
As written, the 5,000 kilogram cut-off level applieB only to the
total amount of all categories of universal waste accumulated at one
site. Non-contiguous property is viewed as a separate site. Thus, a
person who owns or operates two or more universal waste management
facilities located on pieces of property which are non-contiguous
should not add together the quantities of all universal waste
accumulated at all of his facilities to determine if he exceeds the
5000 kilogram cut-off level. Owners or operators should consider each
facility separately and is responsible for calculating the quantity of
universal waste at each facility separately. If the 5,000 kg cut-off
level is exceeded for the universal waste accumulated at one facility,
he would be required to notify EPA of his universal waste activities.
If the quantity of universal waste at this facility is less than the
5,000 kg cut-off, notification would not be necessary. In other words,
the owner or operator of a facility, including all contiguous property,
that accumulates 5,000 kilograms or more total of universal waste, is
subject to the notification requirements of Sec. 273.32.
On the other hand, non-contiguous properties owned by the same
person but connected by a right-of-way which he controls and to which
the public does not have access, are considered on-site property. Thus,
a person who owns or operates two or more universal waste management
facilities located on pieces of property which are connected by a
right-of-way which he controls and to which the public does not have
access, should add together the quantities of all universal waste
accumulated at these facilities to determine if he exceeds the 5000
kilogram cut-off level. If the quantity of universal waste at his on-
site facilities is greater than the 5,000 kg cut-off, notification
would be necessary, if the owner has not already notified. The Agency
believes that this clarification will redress any further confusion
caused by the proposed notification requirements.

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IV.E.3. Waste Management
The final waste management requirements for small and large
handlers of universal waste are found in Sees. 273.13 and 273.33 of
this final rule. The subsections of Sees. 273.13 and 273.33 address
waste management issues specific to each waste category. Subsection (a)
consists of requirements for universal waste battery management,
subsection (b) consists of requirements for universal waste pesticide
management, and subsection (c) consists of requirements for universal
waste thermostat management. The three waste category-specific
provisions are discussed in the following three subsections of this
preamble.
Each of the subsections set forth a general performance standard
requiring that handlers ""manage universal waste in a way that prevents
releases of any universal waste or conqponent of a universal waste to
the environment.'1 The universal waste proposal included a similar
provision, which was proposed for management of universal waste
batteries. The proposed provision, however, required that persons
manage batteries "in a way that minimizes releases* * *•' Several
commenters argued that the requirement to minimize releases was too lax
and in essence allowed releases. They pointed out that such a standard
implied that releases could occur, as long as the handler attempted to
minimize them. These commenters suggested that the standard should be
changed to require management in such a way that prevents releases. The
Agency agrees with this point, and stresses that releases of universal
waste or universal waste components to the environment are not allowed
under the universal waste [[Page 25522]] regulations. For example,
management in a container that has signs of visible leakage would
unquestionably be out of compliance. The standard of performance for
universal waste management is to prevent any release and therefore,
leakages that are not visible are also not permissible. Thus, the
Agency has revised the text of the provision to clarify that universal
waste batteries, pesticides and thermostats are to be managed in such a
way as to prevent releases.
In the final rule, this performance standard is applied to all
universal waste rather than only to batteries. Thermostats are included
because the Agency had discussed applying the proposed requirements for
battery management to thermostats and commenters generally supported
this approach. Pesticides are included simply to make it clear that
releases are to be prevented, although this requirement is actually
redundant.
XV.B.3.a. Universal Waste Batteries
Subsection (a) of the small and large quantity handlers of
universal waste management sections sets forth requirements for the
management of universal waste batteries. Three provisions are included.
The first provision of Sees. 273.13(a)(1) and 273.33(a)(1) address
containment of leaking or damaged batteries. The Agency added this
provision to the final rule after reviewing comments on the issue of
waste management requirements for batteries. Commenters disagreed on
this subject. A number of commenters argued that the management
requirements proposed for batteries were sufficient to ensure that
universal waste battery management will be protective of human health
and the environment. They believed that the general performance
standard concerning releases and the prohibitions were sufficient and
urged the Agency not to impose additional waBte management
requirements. In fact, several camnenters argued that batteries should
be subject to regulations like those of subpart G of 40 CFR part 266,
which includes no requirements for handlers other than recyclere.

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Several other commenters, however, argued that more stringent
controls should be imposed on battery waste management. They believed
that the proposed general performance standard and other requirements
were inadequate to protect against environmental damage. These
commenters recommended various additional requirements including
accumulation of batteries on surfaces that can contain releases,
detailed employee training, financial assurance, temperature and
ventilation controls, water run-on and run-off controls, fire/explosion
and security precautions.
In response to these comments the Agency has decided to add to the
final rule a containment provision requiring that handlers "contain
any universal waste battery that shows evidence of leakage, spillage,
or damage that could cause leakage under reasonably foreseeable
conditions in a container. The container must be closed, structurally
sound, compatible with the contents of the battery, and must lack
evidence of leakage, spillage, or damage that could cause leakage under
reasonably foreseeable conditions.11 This means that the containers
must be in good condition (no severe rusting, apparent structural
defects, or deterioration). The Agency believes that this requirement
will ensure that any potential releases to the environment from
universal waste batteries are prevented. The Agency further believeB
that this requirement is specific enough to provide clear direction to
handlers of universal waste batteries on how to prevent releases.
Because the requirement is not technically difficult to follow, the
Agency is confident that universal waste handlers will be able to
comply. Although the Agency has added this new containment requirement
for batteries, the Agency is sensitive to concerns that overly
burdensome requirements will discourage participation in the universal
waste system, resulting in decreased quantities of these wastes being
collected for proper management. The Agency is confident that this
requirement is rigorous enough to protect human health and the
environment from the riskB of battery management, but at the same time
will not present a barrier to participation in universal waste
collection programs.
The second provision of the waste management section for batteries,
Sec6. 273.13(a)(2) and 273.33(a)(2), specifies conditions that must be
met by handlers conducting these activities. ThiB provision also
identifies certain battery management activities that may be conducted
by handlers. This provision was added in response to numerous
canmenters who all argued that certain activities that might be
considered treatment, and thus banned under the prohibition on
treatment of universal waste, are necessary to quality battery
management and pose no increased health or environmental risks.
Cammenters mentioned the following activities: sorting batteries by
type; mixing battery types in one container; discharging batteries so
as to remove the electric charge; disassembling batteries or battery
packs into individual batteries or cells; and removing batteries from
discarded consumer products. According to these commenters, these
activities are essential to effective battery management. For example,
battery types are mixed in containers at collection points to avoid the
conplexity of requiring those dropping off batteries to identify and
manage battery types separately. Collected mixed batteries must be
sorted by type in order to send them to the appropriate destination
facilities for proper recycling or treatment. Batteries must be removed
from discarded consumer products to make shipping and handling
economical. Discharging batteries may be conducted as a safety
precaution prior to accumulation or shipping.
The Agency agrees with commenters that these activities are an
important part of battery management and should be allowed under the
universal waste regulations. The Agency also agrees with ccnnnenters'
point that as long as the metal or plastic casing of each individual

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battery or cell is not breached and remains closed and intact, the risk
of releases to the environment is not increased by these activities.
Thus, the Agency has added this new provision to the final rule
specifying that handlers may conduct the battery management activities
listed above as long as the battery or cell casings are not breached
and remain closed and intact.
The Agency notes that it has removed the 40 CFR 261.6 exeiqption for
used batteries that are to be regenerated and has added a provision
specifying that facilities regenerating used batteries are subject to
the part 273 standards for small or large quantity handlers of
universal waste. The Agency believes that regeneration of batteries is
a management activity that should also be exempted from the treatment
prohibitions. Thus, regeneration of used batteries has also been
included as part of the management activities mentioned above for
universal waste batteries (For further discussion regarding regenerated
batteries, please refer to section IV.J of the preamble). To resolve
commenters1 concerns that these activities might be banned under the
general prohibition on treatment, in the final rule the Agency has also
revised the treatment prohibition to specifically exempt these
activities. Removing electrolyte, which was allowed under the proposed
rule and not opposed by commenters, has also been included in this
provision as an allowable activity.
The third provision of the waBte management section for batteries
[[Page 25523]] 273.13(a)(3) and 273.33(a)(3), has been expanded from a
proposed provision discussing how electrolyte removed from batteries is
regulated (Bee, for exasple, proposed 40 CFR 273.11(e) (1)). The final
provision has been expanded to address not only electrolyte, but any
non-universal waste generated in the process of managing universal
wastes. These non-universal wastes could include any solid waste
generated in the battery management activities discussed above (e.g.,
plastic or metal battery pack construction materials or consumer
electronics hulks from which batteries have been removed). The
provision has been expanded to address these other wastes because
commenters raised the issue of battery management activities and the
same issues arise with wastes generated in these activities as with
electrolyte.
In addition, this provision has been expanded to address the
question raised by conimenters of how electrolyte (and other generated
non-universal wastes) would fit into the hazardous waste regulations.
Under the final rule the handler who generates hazardous waste
electrolyte or other hazardous wastes are subject to the generator
requirements of 40 CFR part 262. Compliance with the generator
regulations of part 262 is appropriate because a generator begins the
hazardous waste management procedures (e.g., manifesting, shipping to
regulated facilities), which is what would be required for a non-
universal waste generated as a result of universal waste management
which must be moved into the full hazardous waste regulatory system.
Finally, this provision has also been expanded to clarify that if
electrolyte or any other generated non-universal wastes are not
hazardous wastes, they may be managed under applicable solid waste
management regulations. This is always true under the hazardous waste
regulations, but the Agency believes that restating this will make the
regulations more clear and user friendly for battery handlers.
IV.E.3.b. Universal Waste Pesticides
In the proposed universal waste rule, the Agency proposed that
suspended and/or canceled and recalled pesticides managed under the
universal waste regulations must be packaged to meet one of the
following four conditions: (1) The pesticide must be packaged in the

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original packaging (container or tank) used to contain the pesticide
when it was be distributed or sold, which must be kept closed and
not leaking; ( ne pesticide must be packaged ir the original
packaging and -packed in a laxger container thi is closed and non-
leaking; (3) pesticides must be contained in a '.ank that meets the
hazardous wast uank requirements; or (4) the pesticides must be
contained in a non-leaking transport vehicle or vessel. The Agency also
requested comment on whether the regulations should allow handlers of
recalled pesticides to repackage universal waste pesticides from
original packaging into other containers (i.e., physically transfer the
pesticide from its original packaging into a different container).
In the final rule, the first, second, and fourth options for
packaging have been substantially revised in response to comments. The
third option, on which very little comment was received, has been
retained as proposed. In addition, because the universe of pesticides
included in the final rule has been expanded (see discussion in section
IV.B.2.C. of this preamble), the packaging requirements in the final
rule are applicable to unused pesticide products collected in
collection programs as well aB to suspended and/or canceled and
recalled pesticides.
The first and second proposed packaging options (which were the
only available options if a pesticide was to be managed in containers
or portable tanks rather than tanks or transport vehicles) , essentially
required that the pesticide remain in the original packaging used when
it was distributed or sold. If the original packaging was leaking, the
second option required that it be overpacked in a larger, non-leaking
container. However, both options required that original packaging be
used. (See proposed 40 CFR 273.22(a)(1)(i) and 273.23(a)(1)(i).)
In the final rule, these packaging options have been substantially
revised to allow management of pesticides in containers other than
original packaging, as long as certain conditions are met.
Specifically, the first revised option allows pesticides to be managed
in ""a container that remains closed, iB structurally Bound, compatible
with the pesticide, and that lacks evidence of leakage, spillage, or
damage that could cause leakage under reasonably foreseeable
conditions.' ' See 40 CFR 273.13(b)(1) and 273.33(b)(1) of the final
rule. The second revised option requires that a pesticide managed in a
container not meeting the conditions of the first option be overpacked
in a container that does meet the requirements of the first option. See
40 CFR 273.13(b)(2) and 273.33(b)(2) of the final rule.
The result of these revisions is that any universal waste peBticide
that is managed in a container must be managed in a container that is
in good condition (no severe rusting, apparent structural defects, or
deterioration). The good-condition container may be the primary
container (under the first option), or if the primary container is not
acceptable, a good-condition container may be used to overpack the
primary container (i.e., the primary container is placed into a good-
condition overpack container). It should be noted that although
original packaging is no longer required under these revisions,
original packaging may be used to contain pesticides as long as the
original packaging meets the conditions set forth in the options.
Hie Agency's decision to allow the use of packaging other than
original packaging was based on a couple of factors. First, a number of
commenters pointed out that a significant portion of waste pesticides
found on farms (both recalled pesticides, and mused pesticide products
collected in "clean sweep1 ' programs) are in containers other than the
original container. In most cases, the original containers for these
pesticides are no longer available. Conmenters argued that limiting the
universal waste rule to those pesticides for which the original

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container is available would severely limit the quantities of waste
that could be managed under the universal waste system. In turn, this
would decrease the amounts of pesticides collected from farmers and
others for proper management. Commenters argued that the risks of
releases of these pesticides are likely to be less under the universal
waste regulations than under conditions of long term accumulation on
farmB, particularly if the regulations ensure management in good-
condition, non-leaking containers.
The Agency notes that its intent in requiring original packaging
was to ensure that pesticides were managed in appropriate containers.
The Agency believed that original packaging was moBt likely to remain
in good condition since it was designed to store the pesticide during
its product life. However, based on the comments received, the Agency
now believes that requiring original packaging would unnecessarily
limit the pesticides that can be managed under the universal waste
Bystem, and, at the Bame time, would not necessarily ensure adequate
containment. Thus, the Agency has developed revised packaging
requirements for containers that ensure that pesticides are managed in
containers that are protective of human health and the environment, and
that pesticides are not prohibited from management under the universal
waste system merely because the original packaging is no longer
available. The [[Page 25524]] Agency agrees with commenters' points and
believes that the revised packaging requirements for containers are
environmentally protective, but flexible enough to accommodate
pesticides collected under recalls as well as waste pesticide
collection programs {""clean sweeps'1).
Second, a number of other commenters argued that the proposed
requirements to keep pesticides in original containers that are closed
and non-leaking were not sufficiently protective. These commenters
pointed out that cancellation may sometimes follow suspension by a
considerable period of time, and that pesticide containers may not be
properly maintained over this time period. Similarly, pesticides
collected in "clean sweep11 programs have frequently been accumulated
for long periods of time. As a result, such containers may deteriorate
or be damaged. These commenters believed that the proposed packaging
provisions requiring that pesticides be kept in closed and non-leaking
containers could be construed to allow the use of original containers
that are damaged, but not yet actually leaking. Although the Agency did
not intend to allow the use of damaged containers, the Agency agrees
that the proposed language could have been interpreted to allow such
containers. To resolve this problem, under the final rule universal
waBte pesticides must be contained in containers (or overpack
containers) that remain closed, are structurally sound, compatible with
the pesticides, and that lack evidence of leakage, spillage, or damage
that could cause leakage under reasonably foreseeable conditions. The
Agency believes that this requirement provides sufficient insurance
that pesticide containers will be protective of human health and the
environment.
The same conditions have also been added to the fourth packaging
option, which as proposed, allowed the used of ""non-leaking transport
vehicles or vessels.' ' This provision has been revised in the same way
as the first two options since the ""non-leaking'' condition raises the
same issue as the proposed non-leaking container requirements. To
resolve the concern that damaged, but not yet leaking transport
vehicles or vessels could be used to contain pesticides, the final rule
requires that handlers use a transport vehicle or vessel that is
""closed, structurally sound, compatible with the pesticide, and that
lacks evidence of leakage, spillage, or damage that could cause leakage
under reasonably foreseeable conditions.11
The final rule has also been revised to clarify when overpacking is

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required for pesticide containers in response to confusion cited by
some commenters regarding these requirements in the proposal. The
Agency believes that the wording of the second revised packaging option
makes it clear that overpacking is required when the primary container
does not meet the good-condition requirements found in the first
revised packaging condition. The Agency believes that this regulatory
structure will be more clear to the reader than the proposed regulatory
structure.
Several commenters addressed the question of whether the universal
waste regulations Bhould allow universal waste handlers to repackage
pesticides (i.e., to transfer pesticides from one container to
another). Most of these commenters supported allowing repackaging. The
Agency generally prefers that handlers overpack leaking or damaged
containers rather than transfer the pesticide to another container
because the risk of spillage is likely to be less when overpacking.
However, the Agency recognizes that in Bome cases, for example if no
ovexpack materials are available, it may be preferable to repackage
pesticides than to wait until overpacking is possible. In addition,
there are other controls that will ensure that any repackaging of
universal waste pesticides is conducted in an environmentally
protective manner. For recalled pesticides, the recall procedures under
FXFRA section 19b addresses repackaging. For example, under proposed
regulations at 40 CFR part 165 (58 FR 26857; May 5, 1993) pesticide
recallers would submit a recall plan for approval by the Agency. Part
of the plan would include a description of the responsibilities of the
recaller and pesticide holders with respect to interim storage,
preparation for transportation, and transportation of the pesticide.
For mused pesticide products managed in collection programs, the
pesticide management procedures required by the collection program will
generally address repackaging and, if allowed, will specify precautions
to be taken during repackaging. Because repackaging may be an important
method of cost control for collection programs (e.g., consolidation of
small containers of the same pesticide) , the Agency does not wish to
interfere with these practices. The Agency believes that waste
pesticide collection programs will develop responsible procedures and
would like to leave the decision of whether to allow repackaging, and
what requirements to impose, to the collection programs or States.
Based on these factors, the Agency has decided not to prohibit
repackaging in the final universal waste regulations. The Agency points
out, of course, that any spillage of universal waste pesticide is
required to be cleaned up immediately and managed appropriately under
the universal waste release response provisions. The Agency alBo notes
that any spillage that is not cleaned up would be considered illegal
disposal under the hazardous waste regulations.
XV.E.3.C. Universal Waste Thermostats
In the proposed rule, the Agency requested comment on whether the
waste management requirements proposed for universal waste batteries
would be appropriate for managing mercury-containing thermostats. The
Agency also requested comment on any additional requirements necessary
to ensure that thermostats are collected in a manner that is protective
of human health and the environment.
With the exception of one issue concerning mercury-containing
ampule removal, commenters overwhelmingly supported applying the
requirements proposed for universal waste batteries to used mercury-
containing thermostats. These commenters agreed that the proposed part
273 requirements would facilitate collection and recycling of the
mercury contained in the thermostats. Thus, in the final rule, persons
managing universal waste thermostats are subject to the same basic

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requirements as persons managing'other universal wastes: Requirements
for small and large quantity handlers, transporters, and destination
facilities. Specific waste management requirements have been added to
the small and large quantity handler sections to address one
commenter1s concerns about ampule removal.
A manufacturer of thermostats who is developing a "take back'1
program for mercury-containing thermostats did suggest that some
modifications to the waBte management requirements proposed for
batteries were necessary to reflect differences between the proposed
waste mercury thermostat recycling program and procedures envisioned
for battery recycling programs. The commenter expressed concerns as to
whether the waste management provisions proposed for universal waste
batteries would be sufficiently protective of human health and the
environment if applied to the management of mercury-containing
thermostats. Commenters recommended that for safety reasons, such
removal [[Page 25525]] should only be performed by trained personnel in
a setting where appropriate health and safety measures have been
instituted.
Paragraph (c) of Sees. 273.13 and 273.33 include requirements
applicable to handlers of used mercury-containing thermostats.
Subsection (c)(1) requires a universal waste handler to contain any
universal waste thermostat that is leaking in a non-leaking container.
Subsection (c)(2) sets forth requirements for universal waBte handlers
who remove mercury-containing ampules from thermostats. These
requirements, based on controls suggested by the commenter, are
designed to ensure that ampule removal is conducted in a safe and
environmentally protective manner.
First, the handler must remove the ampuleB in a manner designed to
prevent breakage of the ampules. Second, he must remove the ampules
only over or in a containment device (e.g., tray or pan sufficient to
contain any mercury released from an ampule in case of breakage) .
Third, he must ensure that a mercury clean-up system is readily
available to immediately transfer any mercury resulting from spills or
leaks from broken ampuleB, from the containment device to a container
that meets the requirements of 40 CFR 262.34. Fourth, he must
immediately transfer any mercury resulting from spills or leaks from
broken ampules from the containment device to a container that meets
the requirements of 40 CFR 262.34. Fifth, he must ensure that the area
in which ampules are removed is well ventilated and monitored to ensure
compliance with applicable OSHA exposure levels for mercury. Sixth, he
must ensure that employees removing angmles are thoroughly familiar
with proper waste mercury handling and emergency procedures, including
transfer of mercury from containment devices to appropriate containers.
Seventh, he must accumulate removed ampules in closed, non-leaking
containers that are in good condition (no severe rusting, apparent
structural defects, or deterioration); and finally, eighth, he must
pack removed ampules in the container with packing materials adequate
to prevent breakage during accumulation, handling, and transportation.
Handlers not complying with these requirements for ampule removal are
not managing universal waste, and are not subject to part 273. They are
subject to the full hazardous waste requirement of parts 262 through
270. The Agency believes that these procedures ensure that the handler
is removing the mercury ampule from the thermostat casing in a manner
designed to prevent breakage of the ampules and to ensure proper
containment of any spilled or leaked mercury.
The Agency recognizes that in some cases, spills or leaks resulting
from ampule removal may occur. Thus, the Agency has added paragraph
(c) (3) in Sees. 273.13 and 273.33 to address concerns related to
mercury residuals generated as a result of removal of mercury ampules
from the thermostats. If spillage or leakage of mercury from a broken

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ampule or during ampule removal occurs, the handler must contain any
universal waste thermostat that is leaking in a non-leaking container.
A universal waste handler must determine whether s\:3h spillage or
leakage exhibits a characteristic of hazardous wasv;t. If the waste doe6
exhibit a characteristic of hazardous waste, the handler is considered
the generator of the mercury resulting from Bpille or leaks and is
subject to all applicable requirements of 40 CFR parts 260 through 272,
including 40 CFR part 262.
Similar to the battery waste management requirements, the handler
must also determine whether or not any other solid waste (e.g.,
thermostat casing) generated during management activities exhibits a
characteristic of hazardous waste. If the generated waste does exhibit
a characteristic of hazardous waste, it must be managed under the
hazardous waste management requirements mentioned above. If, however,
the generated waste does not exhibit a characteristic of hazardous
waste, it iB not subject to the hazardous waste requirements, nor is it
subject to the requirements of part 273. This waste is, however,
required to be handled in compliance with applicable solid waste
regulations and the handler may manage the waste in any way that is in
compliance with applicable federal, state or local solid waste
regulations. The Agency believes the specific requirements for ampule
removal address the commenter's concerns regarding the improper removal
of used mercury-containing ampules and ensure that such activities are
safe and environmentally protective.
The Agency clarifies that if a handler determines that some waste
he or she is managing as universal waste is actually not hazardous
waste (and thus by definition is not universal waste), and it is
therefore not required to be managed under the hazardous waste
regulations, including the universal waste regulations. For example, a
handler who receives shipments of mixed battery types may sort the
batteries to separate the various battery chemistries. If one of the
sorted battery types does not exhibit any characteristics of hazardous
waste, it is not a hazardous waste and the handler may wish to manage
it outside of the hazardous waste regulations.
IV.E.4. Labeling/Marking
In response to suggestions from commenters that the Agency include
marking and labeling requirements in the part 273 regulations, the
Agency has decided to implement marking and labeling requirements that
were not proposed. Although cammenterB agreed that some form of
labeling and marking requirement be required, commenters»
recommendations on methods used to identify the materials contained
within the tanks or containers differed. For exaople, one cammenter
suggested that EPA should require that all tanks or containers be
marked with the words ""hazardous waste1', ""hazardous material1' or
*¦'waste destined for recycling1 1 . Another recommended that if the
intent of the universal waste rule is to divert wastes into the recycle
stream, the waste should not be labelled ""universal hazardous waste1',
but simply ""Universal Waste.''
Under the final rule, labeling and narking requirements for
universal waste have been included to identify the types of universal
uaste being managed. The Agency has added labeling and marking
requirements for universal waste batteries, universal waste mercury-
containing thermostats, and universal waste pesticides. The labeling
requirements vary depending on the type of waste. These requirements
are found in Sees. 273.14 and 273.34 of the final rule. Paragraph (a)
of these sections discusses the marking and labeling requirements for
universal waste batteries. Under the final rule, a universal handler
managing batteries at his facility is required to label each individual
universal waste item or container holding the universal waste with the

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words ""Universal Waste--Battery(ies)1 ' , or ""Waste Battery(ies)1 ' , or
""Used Battery(ies)1 Similarly, a universal waste handler managing
used mercury-containing thermostats under part 273 must label each
universal waste item or container holding these universal wastes, with
the words *"Universal Waste--Mercury Thermostat(s)'' or ""Waste Mercury
Thermostat(s)11 or ""Used Mercury Thermostat(s).11 These requirements
are in paragraph (d) of Sees. 273.14 and 273.34 of the final rule.
Labeling and marking requirements similar to those described above
for universal waste batteries and thermostats apply also to universal
waBte pesticides. ThuB, a person managing universal pesticides must
[[Page 25526]] mark or label his containers with the words ""Universal
WaBte--Pesticide(s)'1 or ""Waste--Pesticide(s).11 Refer to
Sec. 273.14(c)(2) or Sec. 273.34(c)(2). However, because there are many
typeB of pesticides posing different management issues, the Agency has
decided to require more specific labeling for pesticides in addition to
the more general label discussed above. Due to differences in
management practices between universal waste pesticides that are a part
of a recall and pesticides that are a part of a state approved
collection program, the requirements for each type of pesticide are
different. Universal waste handlers managing recalled pesticides are
required to mark or label tanks or containers holding the recalled
pesticide with the original FIFRA label that would be required under
FIFRA if the pesticide were a product (refer to Sec. 273.14(b) (1)) .
While pesticides in a recall may be located at the individual user
level, a larger volume is likely to be recalled from the dealer/
retailer level. Pesticides shipped to dealers by producers are often
sent in multiple container package units. For example, individual
containers may be shipped grouped together in cartons and/or palleted
and shrink-wrapped in plastic. This extra packaging (e.g., shrink-wrap,
carton) typically is removed only at the time of sale. In the recall
process, these multiple container package units would normally be
shipped back intact. To require pesticide containers to be individually
labeled as waste pesticides would require the dealer to break open such
multiple package units to access the individual containers. EPA
believes it is unnecessary to require that such multiple container
package units be individually labeled merely for the purpose of being
shipped to another universal waste handler as part of a recall.
Accordingly, 40 CFR 273.14(b) permits the required label or marking to
be placed on the outer packaging of multiple container packaged units.
On the other hand, unused pesticides that are universal wastes are
typically products whose registration has been cancelled, which are no
longer marketed, or no longer used by the farmer. Existing stocks often
remain at the user level for extended times, sometimes years, because
there is no formal recall in these circumstances. State collection
programs are intended to collect and properly dispose of such wastes
from the user level and rarely collect from the retail level as with a
recall. Thus, the initial universal waste handler is a user typically
having only single containers of pesticides whose labels may not be
available or may have deteriorated due to adverse conditions or over
time.
Universal waste handlers managing unused pesticide products that
are collected and managed as part of a waste pesticide collection
program have several options for labeling tanks and containers. The
first option is to label the pesticide tank or container with a label
that was on the accompanied product as sold or distributed, if still
legible. Refer to SecB. 273.14(c) (1) (i) or 273.34(c)(1)(i).
The Agency notes that this is the ideal labeling option for unused
pesticide products, but the Agency also recognizes that the FIFRA label
for the unused pesticide products may not be a realistic option because
such a label may not be available. As an alternative, the Agency has

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developed additional labeling options under Sees. 273.14(c)(1)(ii) and
(iii) and 273.34(c)(1)(ii) and (iii).
The second option requires that handlers mark or label the
container or containing unit with a label required by the Department of
Transportation under 49 CFR part 172. If neither of these options' are
possible, the final option is to use another label that is approved in
advance by the collection program. The Agency believes that these
labeling and marking requirements will provide sufficient information
to ensure that universal waste pesticides can be managed in a safe and
environmentally protective manner, yet provides sufficient flexibility
for universal handlers who are users or dealers, without requiring
undue cost or burden of labeling.
IV.E.5. Accumulation Time Requirements
The final accumulation time requirements for small and large
quantity handlers of universal waste sure found in Sees. 273.15 and
273.35 of this final rule. In the proposed universal waste rule,
generators and consolidation points were prohibited from accumulating
universal waste for longer than one year from the date the universal
waste was generated, or received from another facility. Generators and
consolidation points were also required to document that universal
wastes were not accumulated for longer than this time. See proposed
Sees. 273.11(b) and 273.21(c). This accumulation time limitation was
designed to implement, for universal wastes, a statutory prohibition
that is part of the 1984 Hazardous and Solid Haste Amendments to RCRA
(section 3004j). Pursuant to the Land Disposal Restrictions (IJ)R)
provisions of the Hazardous and Solid Waste Amendments of 1984 (HSWA),
all hazardous wastes listed or identified in accordance with RCRA
section 3001 are prohibited, on specified timetables, from land
disposal. The regulations for the LDR program in 40 CFR part 268 apply
to persons who generate or transport hazardous waBte and owners and
operators of hazardous waste treatment, storage, and disposal
facilities, unless they are specifically excluded from regulation in
parts 261 or 268. In addition, the statutory provision prohibits the
Btorage of restricted hazardous, unless the restricted hazardous wastes
are being accumulated for the purpose of accumulating quantities
necessary for proper recovery, treatment, or disposal. This prohibition
is currently codified for restricted hazardous wastes in 40 CFR 268.50.
For universal wastes, the Agency proposed to simplify this prohibition
by singly prohibiting accumulation for more than one year. The
simplified provision was based on the assumption that the sole reason
for accumulating universal waste for up to one year waB to accumulate
the quantities necessary for proper recovery, treatment, or disposal.
In the final rule, the Agency has retained the proposed one year
accumulation limit, but has added an additional provision allowing
accumulation for more than one year if such accumulation iB solely for
accumulating such quantities of universal waste as are necessary to
facilitate proper recovery, treatment, or disposal. See Sees. 273.15(b)
¦nd 273.35(b) of the final rule. For any accumulation longer than one
year, the handler must be able to prove that such accumulation is
solely for accumulating quantities necessary to facilitate proper
recovery, treatment, or disposal. Thus, under the final rule it is
assumed that any accumulation up to one year is for this purpose, but
for any accumulation beyond one year the handler bearB the burden of
proving that accumulation is solely for this purpose. This approach to
iaplementing the statutory prohibition is taken directly from existing
40 CFR 268.50(c) (This approach has been held to be consistent with
section 3004 (j). Hazardous Haste Treatment Council v. EPA, 886 F.2d
355, 366-68 (D.C. Circuit Court, 1989)) . The Agency believes that this
provision will ensure that any universal waste accumulation will meet
t-Vio statutory LDR storage prohibition. For further discussion on the

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LDR program regarding its applicability to universal waste, see Section
IV.I. of the preamble.
The Agency's decision to revise the accumulation prohibition is
based on numerous commenters1 arguments that [[Page 25527]] the one
year accumulation limitation was too restrictive and would not provide
enough time to accumulate sufficient quantities of waste to facilitate
proper recovery, treatment, or disposal. Because universal wastes are
likely generated and managed in relatively small quantities (compared
with other industrial hazardous wastes), the Agency recognizes that an
absolute one year accumulation limit may not be enough time for some
handlers to accumulate sufficient quantities of universal waste to
properly recover, treat, or dispose of the waste. The Agency believes
that the revised accumulation time limit discussed above will allow
additional time for accumulation when it is truly needed, while
retaining the sin$>lified approach to accumulation (as proposed) for the
first year.
A number of other commenters argued that the proposed part 273
provisions should provide a provision analogous to Sec. 262.34(c),
known as the generator satellite accumulation provision. Under this
provision, a generator may accumulate small quantities of hazardous
waste at or near the point of generation before moving it to the
generator accumulation area where accumulation time is limited to 90/
180/270 days. Accumulation time is unlimited at satellite accumulation
points. Commenters argued that universal waste handlers should also be
allowed unlimited accumulation time for small quantities of waste at
points of generation, and that the one year accumulation time limit
would make the universal waste rules more restrictive than the existing
hazardous waste generator regulations.
The Agency has decided not to add a provision analogous to the
satellite accumulation provision to the universal waste regulations for
several reasons. First, under the universal waste final rule, handlers
may already manage their wastes very similarly to management under the
satellite accumulation provision. For example, the proposed and final
universal waste regulations do not limit the location, or number of
locations, at which a handler of universal waste may accumulate
universal wastes. Thus a handler may continue to accumulate universal
wastes at points of generation. A handler may accumulate these wastes
for up to one year (which is two or four times longer than the 90 or
180 days allowed under the existing hazardous waste generator
regulations), and under the revised final regulation a handler may
accumulate universal waste for longer than one year if certain
conditions are met. Further, the quantity of universal waste that can
be accumulated at a point of generation is not limited to 55 gallons (a
handler of universal waste must notify, however, if the total quantity
of universal wastes accumulated on-site equals or exceeds the 5,000
kilogram notification limit). The only substantive additional
requirement under the universal waste rule will be to mark or label the
container (or use an alternate method) to document the earliest date
any universal waste accumulated at the location became a waste.
Second, although the time limit may appear to be a constraint when
compared to the satellite accumulation provision, with the revision
discussed above, handlers of universal waste who need to accumulate
wastes for more than one year to facilitate proper recovery, treatment,
or disposal will have the option to do so. The handler, however, bears
the burden of proving that such activity is solely for the purpose of
accumulation of such quantities of universal waste as necessary to
facilitate proper recovery, treatment, or disposal. In addition, the
Agency points out that the existing satellite accumulation provisions
are available only to regulated generators who have EPA identification
numbers and are complying with the full part 262 requirements including

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90- or 180-day accumulation time limits 40 CFR 262.34 accumulation unit
standards, biennial reports, and manifests. The Agency does not believe
it would be appropriate to allow unlimited accumulation time for
handlers of universal waste who are not required to comply with the
part 262 controls, but are instead following the streamlined
requirements of the universal waste regulations.
Third, the Agency points out that one of its major goals in
developing the universal waste regulations is to make the regulation
clear and easy to work with for both the regulated community and
implementing agencies. The Agency believes that having one consistent
time limit for all universal waste managed at one site is important to
this goal. The Agency also notes that handlers of universal waste who
generate extremely small quantities of hazardous waste (<100 kg per
month) would, under the final rule, still have the option to manage
their wastes under the Conditionally Exempt Small Quantity Generator
provisions of 40 CFR 261.5 rather than the universal waste regulations
(or the full Subtitle C regulations).
IV.E.6. Employee Training
The final employee training requirements for small and large
handlers of universal waste axe found in Sees. 273.16 and 273.36 of
this final rule. In the proposed rule, the Agency proposed to require
that generators and consolidation points provide basic training on
waste handling and emergency response procedures. The Agency requested
comment on whether these requirements should be further reduced or
eliminated.
The Agency has decided to retain these training requirements in the
final rule for all large quantity handlers of hazardous waste. Thus,
large quantity handlers of universal waste must ensure that all
employees are thoroughly familiar with proper waste handling and
emergency procedures related to their responsibilities during normal
facility operations and emergencies. Small quantity handlers of
universal waste, however, are subject to a less burdensome requirement.
Small quantity handlers of universal waste must inform all employees
that handle or have responsibilities for managing universal waste. The
information must include proper handling and emergency procedures
appropriate to the type(s) of universal waste managed at the facility.
Although most commenters supported EPA's proposed requirements for
basic training of personnel regarding potential safety hazards posed by
universal waste, a number of caimnenters recommended that the Agency
adopt a two-tier approach for training requirements. These commenters
argued that dissemination of safety instructions would be sufficient
training for employees at front-line collection centers, and the more
comprehensive training requirements should apply only to larger
consolidation points, because the consolidation point will be handling
large quantities of universal waste while small front-line collectors
will manage only small quantities, often in a retail setting.
The Agency believes the final rule mirrors the ccmmenter's
recommendations in that the level of training required for small
quantity handlers of universal waste is less stringent than that for
large quantity handlers of universal waste. The Agency agrees with
commenters that the level of training should be greater for people who
handle larger quantities of universal waste.
Other commenters argued that the cost of inplementing a training
program as proposed would be unduly burdensome. Although the Agency
recognizes these commenter1 s concerns, the Agency believes that the
employee training requirements in the final rule will not be too costly
or burdensome for universal waste handlers. First, in response to these

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concerns, the Agency [[Page 25528]] has reduced the training required
for small quantity handlers of universal waste. A small quantity
handler of universal waste must inform all employees that handle or
have responsibility for managing universal waste. The information must
include proper handling and emergency procedures appropriate to the
type or types of universal waste handled at the facility. Although
providing the information through oral communication would be allowed,
the Agency expects that brochures or documents providing such
information have already been or will be developed by trade
associations and the organizations running centralized collections
programs (e.g., battery manufacturers, thermostat manufacturers, and
pesticide registrants). Thus, Bmall quantity handlers of universal
waste participating in these collection programs will be able to
distribute information of higher quality than they would be able to
produce individually with little or no development costs.
Second, the Agency further believes that the training requirements
as proposed will not be unduly burdensome for large quantity handlers
of universal wastes. The Agency points out that the employee training
requirement as proposed, and as retained in the final rule for large
quantity handlers of universal waste, does not require that any records
be kept for training provided to employees, requires only that
employees that have responsibilities for managing universal waste or
for responding to emergencies be trained, and requires only that these
employees be trained as is appropriate for their universal waste
management responsibilities. Thus, enployees who only minimally handle
universal waste need only be trained to properly carry out that
activity and to carry out their responsibilities, if any, in case of an
emergency. These requirements are analogous to those currently required
for hazardous waste small quantity generators. They basically require
that the large quantity handler of universal waste provide sufficient
training to ensure that employees are familiar with proper handling
procedures and that employees who would have responsibilities during
emergencies are familiar with emergency procedures.
Finally, a number of commenters maintained that an employee
training requirement is not necessary because training required under
other programs provides adequate assurance that employees will be
sufficiently trained to properly manage universal waste (e.g., OSHA,
worker right-to-know, pesticide licensing, etc.). The Agency continues
to believe that a basic employee training requirement is necessary to
ensure that employees are specifically familiar with waste handling
procedures, including, if appropriate, RCRA requirements. The Agency
notes that any training provided under other programs that would meet
any or all of the part 273 training requirements may be used to fulfill
the RCRA requirements. As long as the substantive standards of the
training provisions are met, the handler has fulfilled the training
requirement. There is no requirement that training provided to meet the
RCRA requirements be separate from other training given to employees.
IV.E.7. Response to Releases
The final response to releases requirements for small and large
quantity handlers of universal waste are found in Sees. 273.17 and
273.37 of this final rule. Under the proposed rule, basic release
response requirements were imposed on universal waste generators,
transporters, and consolidation points. These universal waste
collectors were required to immediately contain all releases of or from
universal wastes, and to appropriately manage any materials resulting
from a release (e.g., cleanup equipment, contaminated soils, etc.).
Specifically, they were required to determine if any of the resulting
materials were hazardous wastes, and if so, manage them under the full
hazardous waste regulations.

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In the final rule, these release response requirements have been
retained essentially as proposed for all collectors of universal waste.
Since the categories of collectors have been changed in the final rule,
these requirements are now imposed on small and large quantity handlers
of universal wastes and universal waste transporters. Commenters who
addressed this issue overwhelmingly supported the release response
requirements as proposed. They agreed that the requirements to
immediately contain releases and properly manage residues were
sufficient to protect human health and the environment from any
releases of universal waste that might occur and that facility-wide
corrective action is not necessary for universal waste management.
Under the final rule, as under the proposal, destination facilities
are subject to the full hazardous waste regulations applicable to
treatment, storage, disposal, and recycling facilities. These
regulations include extensive release response requirements.
One commenter argued that collectors should be allowed to send
residues from cleanups along with universal waste to destination
facilities. The Agency disagrees for several reasons and has not
revised the final regulation to allow this. First, cleanup residues are
likely to be quite different in form and composition from the universal
waste they come from. The universal waste regulations are designed
specifically for universal wastes, and are not designed to address the
varied risks that may be posed by cleanup residues. Thus, it is not
appropriate that subsequent collectors manage such residues under the
universal waste regulations. Second, the destination facility to which
universal waste is sent may not be able to, or permitted to, treat or
dispose of cleanup residues. It is not unlikely that universal waste
destination facilities' processes are designed to handle universal
wastes but are not designed to handle residues that may have very
different compositions. Thus, the final rule retains the requirement
that collectors determine whether any residues are hazardous waste, and
if so, manage them under the full hazardous waste regulations.
In the preamble to the proposed rule, the Agency noted that under
the existing hazardous waste regulations hazardous waste facilities are
subject to facility-wide corrective action. The Agency requested
comment on whether same form of corrective action should be imposed on
universal waste collection facilities, which were called consolidation
points in the proposal. The majority of conmenters addressing this
issue argued that facility-wide corrective action requirements should
not be imposed on universal waBte collectors. They contended that
facility-wide corrective action is currently one of the biggest
barriers to participation in waste management systems, and that if
these requirements are imposed on universal waste collectors it will
prevent many people from participating in universal waste collection
systems. The hazardous waste corrective action requirements could thus
impede development of collection systems and undermine the goals of the
universal waste regulations. Commenters also pointed out that, due to
the relatively low risk nature of wastes identified as universal
wastes, as well as the release response requirements discussed above,
corrective action for universal waste handlers would be unnecessarily
burdensome.
Commenters also agreed that the existing imminent hazard provisions
of RCRA section 7003 provide the Agency sufficient authority to compel
[[Page 25529]] immediate action in response to releases if necessary.
The Agency also notes that any releases of universal waste not cleaned
up would constitute illegal disposal, further allowing action under
RCRA. In addition, any releases of hazardous substances above
reportable quantity (RQ) thresholds must be reported tinder the
Ccxnpreheneive Environmental Response, Compensation, and Liability Act
(CERCLA), also known as Superfund. Since universal wastes are hazardous

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wastes, and thus hazardous substances under CERCLA, reporting for
universal waste releases is required (if over RQs). Such reports
provide notification to the Agency concerning releases and would thus
allow the Agency to take action, if necessary, under either RCRA or
CERCLA.
Although several commenters did argue that facility-wide corrective
action should be imposed on universal waste collectors, the Agency
decided not to do so in the final rule. The Agency agrees with the
commenters' points discussed above, and believes that on balance, given
the desire to encourage participation in the universal waste program,
and the availability of response to release requirements in today's
rule (as well as additional authorities available to impel cleanup if
necessary), the risks of impeding the development of universal waBte
collection systems outweigh the risks of not including facility-wide
corrective action requirements. It should be noted that under the final
rule (as under the proposal), full facility-wide corrective action does
apply to destination facilities as part of the treatment, storage, and
disposal facility regulations.
IV.E.8. Off-Site Shipments
The Agency has added new sections in the final rule for small and
large quantity handlers of universal waste and destination facilities,
entitled off-site shipments. It was clear from the comments that off-
site shipments present various issues, thus warranting separate
sections covering these issues. The Agency has included the
requirements for off-site shipments in subpart B (standards for small
quantity handlers of universal waste), subpart C (standards for large
quantity handlers of universal waste) , and subpart E (destination
facilities). Including these provisions in separate off-site shipments
sections for each category of person managing universal waste makes the
provision easy to locate, and thus makes the entire regulation easier
to follow. The off-site shipments sections for handlers, found at
Sees. 273.18 and 273.38, address one issue discussed in the proposal,
as well as a new isBue raised by coomenters. The off-site shipments
section for destination facilities, 40 CFR 273.62, addresses only the
new issue raised by canmenters. These two issues are discussed below.
First, in the proposed rule, requirements concerning off-site
shipments of universal waste were found in the prohibitions section of
each of the universal waste handler categories (generator, transporter,
and consolidation point). Generators were allowed to send universal
waste only to consolidation points, destination facilities, or foreign
destinations. Transporters were allowed to transport universal waste
only to consolidation points, destination facilities, or foreign
destinations. Consolidation points were allowed to send universal waste
only to other consolidation points, destination facilities, or foreign
destinations. The prohibitions concerning off-site shipments, in
today's final rule, have been moved into paragraphs (a) of 40 CFR
273.18 and 273.38, the new off-site shipments sections, and, except as
discussed below are substantially retained as proposed.
This off-site shipment provision has also been revised to fit the
new categories of universal waste handlers used in the final rule.
Handlers of both small and large quantities of universal waste are
prohibited from sending or taking universal waste to a place other than
another universal waste handler, a destination facility, or a foreign
destination. This change results in one substantive difference from the
proposed prohibition. Under the proposal, generators were prohibited
from sending universal waste to other generators, and consolidation
points were prohibited from sending universal waste to generators.
Under the final rule, universal waste handlers (which include both
generators and consolidation points, classified by quantity of waste

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managed rather than by whether wastes are generated or collected) may
send waste to any other universal waste handler.
The J- jency has decided to make this eh; 7e in response to several
commente a who argued that companies or or'-jnizations that generate
universal waste at numerous locations should not be penalized by being
categorized as consolidation points merely because they centralize
their waste by bringing it to one location to facilitate better
management (e.g., bringing waste from unstaffed locations to staffed
locations where waste can be better monitored). Dnder the proposed
prohibition, such consolidation could only be conducted if the central
location was categorized as a consolidation point, which was based only
on the fact that universal waste was transported to the location. As
discussed earlier in the section of this preamble entitled '"Universal
Waste Handlers (section IV.D.l)--Small and Large Quantity Handlers of
Universal Waste11, the Agency believes that the appropriate variable
for applying more stringent requirements is the quantity of waste
managed, not whether waste is generated on-site or received from off-
site. Thus, the prohibition in the final rule allows shipment to any
universal waste handler, and the level of requirements applicable to
any handler (i.e., small or large quantity handler requirements) is
based purely on how much universal waste is accumulated at the
location.
In addition, a provision has been added to the small and large
quantity handler off-site shipments sections of the final rule, 40 CFR
273.18(b) and 273.38(b), to clarify the language of the proposed off-
site shipment prohibition. Several cammenters exhibited some confusion
about the language ""sending or taking'1 universal waste. This language
was intended to indicate that handlers could either contract with
someone else to transport their universal waste or transport it
themselves. The language was not intended to imply that handlers who
transport their own universal waste are not subject to the transporter
requirements. In fact, the proposed definition of transporter (which is
retained in the final rule) clearly stated that anyone engaged in off-
site transportation of universal waste is considered a transporter, and
the transporter requirements (proposed and final) make it clear that
any universal waste transporter iB subject to the universal waste
transporter requirements. To clarify this point, a paragraph (b) has
been added to the off-site shipments sections of the final rule
clarifying that a handler who self-transports universal wastes off-site
becomes a universal waste transporter for those self-transportation
activities and must comply with the universal waste transporter
requirements while transporting the waste. (See 40 CFR 273.18(b) and
273.38(b)). Paragraph (c) of Sees. 273.18 and 273.38 have been added to
clarify that if a universal waste being offered for off-site
transportation meets the definition of hazardous materials under 49 CFR
171-180, the handler of universal waste must package, label, mark, and
placard the shipment in accordance with the applicable Department of
[[Page 25530]] Transportation regulations under 49 CFR parts 172-180
and must prepare the proper shipping papers. Because persons who offer
for transportation or who transport a hazardous material oiust do so in
conformance with requirements specified in the Department of
Transportation's Hazardous Materials Regulations, these revisions to
the regulatory text do not constitute new requirements. Rather,
paragraph (c) serves to communicate more clearly that applicable DOT
requirements still apply to all persons managing universal waste.
Second, in the final rule, paragraphs (d) through (h) have been
added to the small and large quantity handler off-site shipments
sections, and 40 CFR 273.€1 (a) through (d) have been added to the
destination facility requirements, addressing a new issue raised by
commenters. Specifically, coomenters argued that consolidation points
(in the final rule referred to as either small or large quantity

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handlers) should be allowed to return shipments of universal waste to
generators (in the final rule referred to as either small or large
quantity handlers) in cases where generators (shipping handlers) send
materials that the collection facility (receiving handler) is not able
or prepared to manage. The Agency agrees with this point and reiterates
that nothing in the universal waste rule is intended to imply that
universal waste handlers are required to accept any particular type of
universal waste, any universal waste that they are not willing or able
to handle, or any particular shipment of universal waste. It should be
noted, however, that there may be other regulations that do require
handlers to accept such waste. For example, under FIFRA regulations,
pesticide recallers are not allowed to return pesticides that are part
of a recall. On the contrary, although persons who choose to manage
universal wastes are subject to the applicable requirements of part
273, no one is required to manage any universal waste.
In response to these concerns, the Agency has added provisions to
part 273 addressing this issue of rejected shipments. Dnder the final
rule, both the shipper (a small or large quantity handler of universal
waste who is shipping universal waste to another handler or destination
facility) and the receiving facility (a small or large quantity handler
of universal waste, or destination facility, receiving a shipment of
universal waste from another universal waste handler) share certain
responsibilities for the protective handling of the universal wastes
being shipped.
In order to prevent or limit rejected shipments, Sees. 273.18(d)
and 273.38(d) of the final rule specify that a shipper sending
universal waste to a receiving facility must ensure, before the
shipment is sent, that the receiving facility agrees to receive the
load, in addition, Sees. 273.18(e) and 273.38(e) of the final rule
specify that if the shipper sends universal waste to another handler or
destination facility and the shipment is rejected, the shipping handler
must receive the waste bach or agree with the receiving facility on a
destination facility to which the shipment will be sent.
Sections 273.18(f), 273.38(f), and 273.61(b) require that if an
unsuitable shipment containing universal waste iB received, the
receiving facility, in turn, may reject the full shipment or a portion
of the shipment. Examples of unsuitable shipments include, but are not
limited to: Universal waste that the facility is not willing to handle
(e.g., a load of universal waBte batteries that also contains "junk
rechargeable items'1; or, universal waste that the facility is not able
to handle (e.g., universal waste thermostats sent to a battery
reclamation facility) . In such a scenario, the receiving facility must
notify the shipper of the rejection and discuss reshipment of the load.
The receiving facility may send the shipment back to the original
shipper or send the shipment to a mutually agreed upon destination
facility. Finally, a handler of universal waste who receives a shipment
of non-hazardous, non-universal waste may handle the waste in any way
that is in compliance with applicable federal or state solid waste
regulations.
Commenters were also concerned about procedures to follow if a
handler receives a shipment of hazardous waste that is not a universal
waste. Sections 273.18(g), 273.38(g), and 273.61(c) have been added to
the final rule to address this scenario. These procedures are actually
not specific to universal waste handlers but merely clarify what anyone
should do if they receive an illegal shipment of hazardous waste.
Specifically, these subsections state that should such a shipment be
received, the receiving facility must immediately notify the
appropriate regional EPA office of the illegal shipment, and provide
the name, address, and phone number of the shipper. The EPA regional
office will provide instructions for managing the hazardous waste.

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IV.E.9. Tracking Universal Waste Shipments
Under the proposed universal waste rule the use of a hazardous
waste manifest was required for some shipments of universal wastes, but
not others. Those shipments that required manifests also required the
use of a transporter with an EPA transporter identification number.
More specifically, manifests were required for shipments from
consolidation points to destination facilities, but were not required
for shipments from generators to either destination facilities or
consolidation points or for shipments from one consolidation point to
another. The reasoning behind requiring manifests only for shipments
from consolidation points to destination facilities was that it was
believed that shipments from these "last1' consolidation points would
be relatively larger shipments and thus warranted a higher level of
tracking and control.
The tracking requirements in the final rule have been substantially
revised from the proposal in response to comments. In general, under
the final rule, manifests are not required for any shipments of
universal waste, but a basic recordkeeping requirement has been added
to track waste shipments arriving at and leaving from handlers of large
quantities of universal waste. In addition, a similar provision has
been added to the destination facility requirements to require
retention of basic documentation of universal waste shipments arriving
at destination facilities. This basic tracking requirement is found in
SecB. 273.35 and 273.62 of the final rule. The required records may
take the form of a log, invoice, manifest, bill of lading, or other
shipping document, and are to be maintained for three years. No
specific form is required for maintaining these records, and the Agency
believes that standard business records that would normally be kept by
any business will fulfill this requirement.
For each shipment of universal waste received at or by a large
quantity handler, the record must include the name and address of the
universal waBte handler or foreign shipper from whom the universal
waste was sent; the quantity of each type of universal waste received
(e.g., batteries, pesticides, thermostats); and the date of receipt of
the shipment of universal waste. For each shipment sent from a large
quantity handler, the record must include the name and address of the
universal waste handler, destination facility, or foreign destination
to whom the universal waste was sent; the quantity of each type of
universal waste sent (e.g., batteries, pesticides, thermostats); and
the date the shipment of universal waste left the facility.
[[Page 25531]]
It should also be noted that under the proposal, the owner or
operator of a destination facility would have been required to keep,
for three years, manifests documenting receipt of shipments of
universal wastes from consolidation points. (See proposed 40 CFR
273.14(a) and 273.24(a), and existing 40 CFR 264.71(b)(5) and
265.71(b)(5)). RecordB of shipments received from generators, without
manifests, would have been required as part of the operating record
(Bee existing 40 CFR 264.73(b) (1) and 265.73(b) (1)) and biennial report
(see existing 40 CFR 264.75(c) and (d) and 265.75(c) and (d)) . Since no
manifests will be used for shipments received by destination
facilities, the final rule requires that the owner or operator of a
destination facility keep the same records for receipt of universal
waste shipments as those kept by handlers of large quantities of
universal wastes. This will complete the record of universal waste
shipments, providing documentation of receipt and allowing comparison
of outgoing shipments from handlers against received shipments at
destination facilities.

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The Agency decided to make these changes in the tracking
requirements based on comment received on the issue. First, a number of
commenterB opposed requiring manifests and hazardous waste transporters
for any shipments of universal wastes, arguing that the increased costs
and administrative burden of using manifests and hazardous waste
transporters would be a disincentive for collection of universal 'waste
and would inhibit removal of these wastes from the municipal waste
stream. Many commenters, however, including some of those opposing
manifests, did support some form of tracking requirement to document
transport of universal wastes. These commenters argued that a less
burdensome tracking requirement would not inhibit participation, but
could be used to reduce the liability of persons managing universal
waste, increase enforceability of the universal waste system, and
decrease potential abuses of the streamlined universal waste
requirements. The Agency found these arguments compelling and thus has
revised the final rule to include a basic recordkeeping requirement for
tracking, but not to require use of manifests for any universal waste
shipments.
A number of commenters also pointed out that the proposed approach
of requiring manifests for some shipments but not others, based on the
type of facility originating and receiving the shipment, was overly
complex and would be confusing to participants. Commenters also pointed
out that it is not necessarily true that the shipments for which
manifests would have been required would actually be larger shipments
than those for which manifests were not required. In fact, the
requirement that manifests and hazardous waste transporters be used for
shipments from consolidation points to destination facilities might
increase the administrative burden and cost for such a transportation
pattern such that more universal waste would actually be sent directly
fraot generators to destination facilities, for which no manifest would
be required. It was not the Agency's intent to make the tracking
requirement complicated or confusing, or to discourage the use of
centralized facilities to consolidate universal waste if that is the
most efficient way to manage these wastes.
To address this concern about complexity, in the final rule, the
Agency has decided to require tracking for all shipments received by
and shipped from handlers of large quantities of universal waste, and
not to require any tracking for handlers of small quantities of
universal wastes. The Agency believes that this tracking requirement is
less complex than the proposed approach because handlers generating
universal wastes will know generally the rates at which they generate
and the procedures used for shipping these wastes, and so will know
whether they are handlers of large or small quantities (i.e., whether
they will be accumulating 5,000 kilograms or more total of universal
waste). Similarly, handlers collecting universal wastes will know,
based on the types of universal waste accepted and the procedures used
for shipping these wastes, whether they are handlers of large or small
quantities. Thus, those persons who know they are handlers of large
quantities will keep records for all shipments received and sent off-
site, regardless of where the shipments came from or are sent to. In
comparison, those persons who know they are handlers of small
quantities will not be required to keep records of any shipments,
although they may, of course, maintain any records they believe are
appropriate based on their individual circumstances.
As discussed elsewhere in this preamble, the Agency has decided to
require tracking (and other requirements such as notification and more
in-depth training) only for handlers of large quantities of universal
waste. This decision was made in order to impose these more protective
requirements only in cases where facilities are handling larger
quantities of universal waste and thus the risks from management of
these wastes are greater. The Agency has decided not to iiqpose these

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requirements on handlers of small quantities of universal waste based
on numerous commenters1 argument that the administrative burden of
tracking would be such a strong disincentive that retail
establishments, service centers, and other "front line'1 collectors
managing small quantities would not participate in collection programs,
thus undermining the goal of the universal waste program. In addition,
because these operations accumulate smaller quantities of universal
wastes, if managed properly, they will pose less risk than the
accumulation of larger quantities. The Agency believes that the risk
associated with management of small quantities of universal waste is
lower than the management of larger quantities due to the reduced
amount of waste handling involved and the lesser chance of
mismanagement opportunities.
The Agency selected 5,000 kilograms of accumulated waBte as the
cutoff for this tracking requirement (i.e., as the cutoff between small
and large handlers), because the universal waste rule is designed for
wastes that present a relatively low risk during collection (conpared
to other hazardous wastes) , and thus it is appropriate to have a higher
cut off limit for the tracking requirement than applies under the full
hazardous waste regulations (i.e., the conditionally exempt small
quantity generator accumulation limit of 1,000 kg).
Finally, in commenting on the tracking requirements a number of
commenters suggested that the biggest barrier to fanner's participation
in programs to collect and properly manage unused pesticides products
is their unwillingness to Bign manifests for the wastes. Several of
these commenters suggested that collection sites should be identified
as the generator for waste pesticides, thus removing any requirement
that farmers act as the generator and Bign manifests. The Agency notes
that the issue of when a material becomes a waste, and thus potentially
subject to regulation, is a general concept that applies consistently
to all materials potentially subject to the hazardous waste program and
is much broader than just the universal waste rule. The Agency does not
believe it is appropriate or defensible to try to alter that concept
for specific wastes. The final rule explains the concept that waste
pesticides become wastes at the point the generator decides to discard
them (see Sec. 261.33), but this provision merely clarifies how
[[Page 25532]] the point of generation concept imbedded in the entire
hazardous waste regulatory program applies specifically to waste
pesticides.
In response to these commenters, however, the Agency noteB that
under the final rule, manifests are not required for universal waste
shipments. Thus, the major barrier identified to farmers' participation
in waste pesticide collection programs has been removed. Farmers who
decide to discard universal waste pesticides would be considered
universal waste handlers and would be required to coo$>ly with the small
or large quantity handler regulations, depending on the amount of waste
pesticides that they accumulate.
XV.E.10. Exports
The final export requirements for small and large handlers of
universal waste are found in Sees. 273.20 and 273.40 of this final
rule. In the universal waste proposed rule, the Agency proposed export
requirements for generators and consolidation points managing hazardous
waste under part 273. As proposed, a generator sending universal waste
to a foreign destination, without first sending the waste to a
consolidation point or destination facility, would be subject to
requirements equivalent to the existing hazardous waste export
requirements, subpart E of part 262, even though a manifest would not
have been required. (See proposed 40 CFR 273.15 and 40 CFR 273.25.)
These requirements included advance notification to the receiving

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country and prior consent by the receiving country before the shipment
could occur.
The Agency also proposed export requirements for consolidation
points. However, depending upon the type of foreign facility receiving
the exported hazardous waste (e.g., consolidation point or destination
facility), a manifest may or may not have been required for each
shipment. Shipments from consolidation points requiring a manifest
would have followed the existing subpart E of part 262 export
requirements. Shipments from consolidation points not requiring a
manifest would have followed the export procedures for generators,
which required notification and consent independent of a manifest.
Commenters generally supported EPA's proposal to adopt existing
notification and consent requirements for exports. Thus, in the final
rule, notification and consent requirements have been retained for all
exports, although the proposed provisions have been revised somewhat.
The revisions are discussed below.
First, the export provisions have been revised to apply to the new
categories of universal waste managers used in the final rule.
Generators and consolidation points are now designated as universal
waste handlers, who are classified by quantity of waste managed rather
than by whether wastes are generated or collected. In addition, the
export provision applicable to each type of participant in the
universal waste system has been moved into the subparts of part 273
applicable to each participant. For example, the export requirements
for handlers of small quantities of universal waste are now located in
subpart B, which contains all of the requirements for handlers of small
quantities.
Second, under the final rule, manifests are not required for any
universal waste shipments (see tracking section of preamble for more
detailed discussion). Thus, under the final rule, all universal waste
shipments will follow procedures for notification and consent which, as
proposed, are independent of the manifest procedures. The Agency also
notes that under the tracking requirements of the final rule, large
quantity handlers of universal waste are required to keep records of
where they send waste, and from where they receive universal waste,
including foreign destinations or shippers.
In addition, commenters raised several other issues related to
exports of universal waste. First, one ccmmenter noted that the
proposed export requirements did not conform to the Organization for
Economic Cooperation and Development (OECD) Council Decision on waste
exports. The Agency agrees, and notes that it will shortly promulgate a
rule which will revise the relevant hazardous waste export requirements
to conform to the OECD Council Decision. All pertinent revisions to the
universal waste final regulations for shipments of universal waste to
and from OECD countries pursuant to the OECD Council Decision will be
made in that rule.
Third, the Agency explained in the proposal that it does not have
the authority under RCRA to regulate registrants exporting suspended or
canceled and recalled pesticides to a foreign country for use as a
product. See proposed 40 CFR 273.25(e). One conmenter argued that
commercial chemical products (e.g., recalled pesticides exported to
foreign countries) that have been banned for uBe in the United States
should not be exported to foreign countries because they will
invariably find their way back into the United States. The conmenter
further argued that if there are health or environmental reasons for
banning a ch*»m-i cfO in the United States, it would undoubtedly pose an
identical health or environmental problem elsewhere.

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The Agency sympathizes with the commenter1s concerns, but
reiterates that it does not have statutory authority under RCRA to
regulate materials which are products and not wastes. In cases where
the registrant decides to export a suspended or canceled pesticide for
use as a product, the RCRA hazardous waste regulations, including the
export requirements, do not apply because the pesticide would not be a
solid or hazardous waste. To make this clear, the final rule retains
language explaining the non-waste status of pesticides that are to be
used as products. In the final rule, however, this language is no
longer in the export section, but has been moved to the applicability
section for pesticides (see 40 CPR 273.3 (b) (4)). This section explains
that pesticides that are to be used, reused, or reclaimed cure not solid
wastes and thu6 are not subject to hazardous waste regulations,
including part 273.
The Agency notes, however, that the requirements of FIFRA section
17(a) do apply in such situations. These requirements include providing
notice to the foreign purchaser that the product ie not registered for
use in the United States and cannot be sold in the United States. The
foreign purchaser must sign a purchaser acknowledgement statement
indicating that he is aware of that fact. A copy of the acknowledgement
statement is to be submitted to EPA and thereafter is transmitted to an
appropriate official of the importing country. The product to be
exported must also be packaged according to the specifications of the
foreign purchaser.
XV.F. Transporter Requirements
In the proposed part 273 regulations, the Agency proposed five
provisions addressing requirements for transporters of universal waste.
These five provisions included requirements for condition of the waste,
prohibitions, waste management, storage, and exports. The Agency
requested comment, on the application and adequacy of the transporter
requirements proposed in part 273, the in-transit ten-day storage
limit, and the adequacy of DOT shipping requirements and/or the need
for supplemental RCRA requirements for the transport of universal
wastes.
Today's final rule includes requirements for transporters in
subpart D of part 273. The standards include six substantive sections:
prohibitions, waste management, storage time limits, response to
releases, off-site shipments, [[Page 25533]] and exports (Sees. 273.50
through 273.56 of the final rule). Each section of subpart D is
discussed below.
The prohibitions for transporters are found in Sec. 273.51 in
today's final rule and are essentially the same as those presented in
the proposed rule, with one minor modification regarding off-site
shipments of universal waste. In the proposed rule, the prohibitions
section for each of the universal waste handler categories contained
requirements concerning off-site shipments of universal waste. This
provision, in today's final rule, has been moved into a new off-site
shipments section (Sec. 273.55); however, the requirements have been
substantially retained.
Waste management standards for transporters are found in
Sec. 273.52 in today's final rule. Section 273.52 specifies that
transporters must manage universal wastes in compliance with all
applicable U.S. Department of Transportation (DOT) regulations. In the
final rule, new text has been added in response to comments which
indicated a lack of clarity regarding which DOT requirements were being
referenced. In the final rule, the Agency has clarified this matter in
Sec. 273.52 by explicitly directing the reader to the applicable DOT
regulations at 49 CFR parts 171 through 180. In addition, the Agency

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also provides the pertinent references for the Department of
Transportation's definition of hazardous materials (49 CFR 171.8) and
the Hazardous Materials Table (49 CFR 172.101). Adding new text to the
waste management section for transporters clarifies the requirements of
the proposed standard but does not add any additional requirements.
The Agency notes that the Hazardous Materials Regulations (HMR, 49
CFR parts 171-180) define a hazardous waste as any material that is
subject to the Uniform Hazardous Haste Manifest Requirements of the
U.S. Environmental Protection Agency specified in 40 CFR part 262. As
shipments of universal waste do not require this manifest, it is not
considered a "hazardous waste11 by the DOT. However, such material may
still be regulated under the defining criteria for one or more of the
DOT hazard classes. Therefore, for any universal waste shipments,
transporters of universal waste must decide if the waste falls under
any of the other DOT hazard classes in order to determine if compliance
with the DOT requirements under 49 CFR parts 171 through 180 is
required. (A discussion of the manifest is found in the tracking
section of today's preamble at IV.E.9.).
If the waste material does not meet the definition in the HMR for
hazardous waste or any other type of hazardous material, its shipping
description on shipping papers may not include a hazard class or
identification number shown in the HMR.
Storage time limits for transporters are found in Sec. 273.53 of
today's final rule. Dnder the proposed rule, transporters could only
store universal waste at a transfer facility for ten days or less. This
requirement remains the same in today's final rule. Comments revealed
some confusion about the status of the person handling the waste if the
waste is stored for greater than 10 days. In Sec. 273.53(b), the Agency
has added text clarifying that if the waste is stored for greater than
10 days, the transporter becomes a small or large quantity handler of
universal waste and is subject to the applicable regulations under
subparts B or C of part 273 while storing the universal waste.
Several cammenters expressed agreement with the 10 day in-transit
storage time limit. One cammenter argued that a longer period for
storage should be allowed, while another cammenter stated that the
focus of the rule should be on the total time for the universal waste
to reach its final destination, not the time it is stored in-transit.
Commenters, however, provided little information to justify a longer
in-transit Btorage time limit. EPA believes that, while the total time
period required for a shipment of universal waBte to reach its
specified destination is important, the transportation phase requires
more handling of the universal waste and presents certain exposure
scenarios not likely when only storage of the universal waste is
required. Transportation increases handling and movement of the waste,
increased risk of spills and releases, and a greater likelihood of
public exposure. For these reasons, EPA is continuing to require a ten-
day storage limitation for transporters of universal waste. As stated
above, the text in Sec. 273.53(b) has been revised in order to clarify
that if a transporter stores universal waste for greater than 10 days,
the transporter becomes a small or large quantity handler of universal
waste. Under this circumstance, the small or large quantity handler
requirements apply, which allow for up to one year accumulation.
The fourth section of Subpart D contains the response to release
standards for transporters. In the final rule, these requirements
remain eBBentially unaltered from those in the proposed rule. These
response to release requirements are found in Sec. 273.54 of today's
rule. Section IV.E.7. of today's preamble contains a full discussion of
this subject.

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The off-Bite shipment provision for transporters is found in
Sec. 273.55 of today's final rule. This requirement was located with
other prohibitions in the *^Transporter Requirements1' section of the
proposed rule. In the final rule, the Agency has moved the requirement
to a new off-site shipments section, Sec. 273.55, under Subpart D. This
modification makes the provision easier to locate, and thus makefi the
entire regulation easier to follow. Although the Agency has shifted the
placement of this provision, the requirement has been substantially
retained.
Additionally, in the proposed rule, transporters were only
authorized to transport universal waste to consolidation points or
destination facilities. In today1b final rule, the terms generator
consolidation point have been redefined and replaced with small
quantity handler of universal waste and large quantity handler of
universal waste. In today's final rule, a transporter may transport a
shipment of universal waste to a small quantity handler, large quantity
handler, or destination facility.
The final section of subpart D contains the export requirements for
transporters shipping universal waste to a foreign destination. These
requirements have been moved from the ~"Export Requirements' ' section
of the proposed rule and are now found in Sec. 273.56 of today's final
rule. ThiB modification makes it easier for transporters shipping
universal waste to a foreign destination to locate the requirements. A
full discussion of this topic is found in section IV.E.10. of this
preamble. Again, although the Agency has relocated this provision, the
requirement has been substantially retained.
IV. 6. Destination Facility Requirements
Under the proposed part 273 regulations, destination facilities
were referred to the current parts 264, 265, and 270 and
Sec. 261.6(c)(2) requirements applicable to permitted or interim status
hazardous waste treatment, storage, and disposal (TSD) facilities, or
recycling facilities that do not store hazardous waste prior to
recycling. These sections include notification requirements, general
facility standards, unit-specific management standards, and permitting
requirements.
In the final rule, the requirements for destination facilities
remain substantially unchanged, with two minor modifications and added
provisions related to off-site shipments and recordkeeping. The
destination facility requirements are found in [ [Page 25534]] subpart E
of today's final rule. The first modification revises the language of
Sec. 273.60(a) to correlate with the revised definition of destination
facility in the final rule. (In response to comments, EPA has redefined
destination facility to mean ""a facility that treats, disposes of, or
recycles a particular category of universal waste, except those
management activities described in paragraphs (a) and (c) of
Sees. 273.13 and 273.33. A facility at which a particular category of
universal waste is only accumulated, is not a destination facility for
purposes of managing that category of universal waste.'1 A full
discussion of this revision can be found at section IV.D.3 of today's
preamble under Universal waste Handlers - Destination Facilities) . The
second modification is that the export requirements applicable to
destination facilities have been moved into subpart E, Sec. 273.63, to
make them easier for destination facility owners and operators to
locate (see III.F. 10 of this preamble for a discussion of issues
related to Exports).
In addition to these modifications, two additional provisions have
been added to part 273, subpart E. The first new provision^ 40 CFR
273.61, was added in response to several conrnienters who expressed

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concern regarding the authority of destination facilities to reject
shipments of universal waste and the appropriate measures to be taken
if a shipment is rejected. This new requirement is discussed in detail
in the section of this preamble entitled "Off-site Shipments.''
The second provision added to subpart E of part 273, 40 CFR 273.62,
requires that the owner or operator of a destination facility keep
basic documentation tracking universal waste shipments that arrive at
the destination facility. Under the proposal, owners and operators of
destination facilities would have been required to keep, for three
years, manifests documenting receipt of shipments of universal wastes
from consolidation points. (See proposed 40 CFR 273.14(a) and
273.24(a), and existing 40 CFR 264.71(b)(5) and 265.71(b)(5)). Records
of shipments received from generators, without manifests, would have
been required as part of the operating record (see existing 40 CFR
264.73 (b)(1) and (d) and 265.75(c) and (d)) .
In the final rule, no manifests will be used for shipments received
by destination facilities (see IV.E.9 of this preamble for a discussion
of tracking issues). Therefore, in Sec. 273.62 of today's final rule,
owners and operators of destination facilities must keep the same
records for receipt of universal waste shipments as those kept by
handlers of large quantities of universal wastes. Section 273.62(a)
requires the owner or operator of a destination facility to keep a
record of universal waste received at the facility. The record must
include information on the name and address of the universal waste
handler or foreign shipper from whom the universal waste was sent; the
quantity of each type of universal waste received; and the date of
receipt of the shipment of universal waste. Section 273.62(b) requires
that these records be retained for at least three years from the date
of receipt of a shipment of universal waste. This provision will
complete the record of universal waste shipments, providing
documentation of receipt and allowing comparison of outgoing shipments
from handlers against received shipments at destination facilities. No
specific form is required for maintaining these records, and the Agency
believes that standard business records that would normally be kept by
any business will fulfill this requirement.
Several commenters requested that BPA relax the destination
facility requirements for recycling facilities in order to stimulate
recycling efforts. Commenters argued that obtaining a RCRA Permit is
time consuming and cost prohibitive and, in most cases unprofitable for
the recycling facilities. They stated, also, that the requirement for
obtaining a RCRA part B permit is a disincentive for recycling
facilities to accept the wastes and assume the associated liabilities.
In addition, one commenter believed that lack of reclamation capacity
is one of the factors limiting recycling efforts, and that.one of the
principal causes of this lack of capacity is subtitle C requirements
applicable to reclamation facilities.
While EPA supports recycling, a change to the requirements for
destination facilities that recycle universal waste iB beyond the scope
of this regulation which is intended to focus on the collection phase
of universal waste management rather than the final treatment,
disposal, or recycling phase. As discussed in the background section of
this preamble entitled "Definition of Solid Waste Task Force,'' the
Agency has an ongoing effort to broadly address the question of how
hazardous waste recycling should be regulated. Any modification of
regulatory requirements for recyclers, including universal waste
recyclers, will be a part of this broader effort. Therefore, in today's
final rule, the Agency is maintaining the requirements proposed for
destination facilities that recycle waste.
IV.H. Imports of Universal Waste

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Several connnenters pointed out that the Agency did not address the
issue of imports in the proposed universal waste rule. This was an
oversight. The Agency intended that once universal waste entered the
country it would be subject to the same universal waste rules as any
other universal waste. To clarify this, the final rule includes import
requirements in 40 CFR 273.70, which is Subpart F of Part 273. Section
273.70 clarifies that universal waste that is imported from another
country must be managed, upon entry into the country, in conpliance
with the appropriate universal waste requirements for transporters,
handlers, or destination facilities, depending on the universal waste
management activities conducted within the United States.
For exaople, if a person inports universal waste into the United
States and only transports the imported waste to a facility owned and
operated by someone else, he is subject to the transporter requirements
of subpart D of part 273. However, if a person imports universal waste
into the United States and subsequently transports the universal waste
to his own facility, the universal waste handler is subject to the
transporter requirements for transport of the universal waste, and to
the small or large handler requirements of subparts B or C for
management at the receiving facility. To determine whether the handler
is a small or large quantity handler, universal waste imported from a
foreign country is counted toward the quantity of waste accumulated as
any other universal waste would be. If the handler is a large quantity
handler of universal waste, he must also comply with the tracking
requirements for receipt of shipments at 40 CFR 273.39(a) . If a person
imports the waste into the United States and subsequently transports
the universal waste to his own destination facility, he is subject to
the destination facility Subpart E requirements for management at the
receiving facility.
IV.I. Land Disposal Restrictions
Pursuant to the Land Disposal Restrictions (LDR) provisions of the
Hazardous and Solid Waste Amendments of 1984 (HSWA), all hazardous
wastes listed or identified in accordance with RCRA section 3001
require treatment prior to land disposal, on specified timetables, from
land disposal. The regulations for the LDR program in 40 CFR part 268
apply to persons who generate or transport [[Page 25535]] hazardous
waste and owners and operators of hazardous waste treatment, storage,
and disposal facilities, unless they are specifically excluded from
regulation in parts 261 or 268.
To address the LDR program for universal wastes, the proposed
universal waste rule required that generators, transporters, and
consolidation points managing universal waste cooqply with all of the
substantive land disposal restrictions requirements, but not the
administrative requirements. These substantive requirements included:
(1) A prohibition on accumulating prohibited wastes directly on the
land (land disposal) ; (2) a requirement to treat wastes to meet
treatment standards prior to land disposal; (3) a prohibition on
dilution; and (4) a prohibition on waste accumulation except for
purposes of accumulating quantities sufficient for proper recovery,
treatment or disposal. See Universal Waste proposed rule at 58 FR 812
jinrt 8124 for a detailed discussion of how each of these substantive
requirements were to be implemented for universal wastes. Under the
proposal, destination facilities remained subject to all of the part
268 land disposal restrictions.
Connnenters overwhelmingly supported the proposed approach of
requiring collectors of universal waste to comply with the substantive
LDR requirements but not the LDR administrative requirements (e.g.,
notification to all handlers of applicable treatment standards) . They
agreed that the procedural land disposal restrictions requirements

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would be a significant disincentive to persons managing universal waste
under Part 273. Comznenter6 also agreed that due to the unique nature of
universal wastes (i.e., easily identifiable, treatment standards easily
identifiable, contained), the substantive requirements proposed would
be sufficient to ensure that the goals of the land disposal
restrictions program are met for universal waste managed under part
273.
Based on these comments, the final rule generally retains the
proposed approach to ensuring that collectors of universal waste (small
and large handlers and transporters) manage the waste in compliance
with the substantive requirements of the LDR program. Each of the
proposed requirements, comments received on the proposed requirements,
and any changes made in the final rule are discussed in detail in the
sections of this preamble addressing the specific requirements. As in
the proposal, under the final rule, destination facilities are required
to comply with all of the Part 268 LDR requirements for universal
waste, including both the substantive and administrative requirements.
Thus, all universal waste will be treated or disposed of in compliance
with LDR treatment standards and the appropriate documentation
regarding such compliance will be maintained by destination facilities.
A number of commenters did, however, raise specific concerns about
the proposed approach to implementing the LDR requirements for
universal waste. These comments and changes made to the final rule to
address them are discussed in detail in the section IV.E. 5 of this
preamble, entitled **accumulation time limits.11
IV.J. Regenerated Batteries
In the proposed rule, the Agency requested comment on whether the
existing 40 CFR 261.6(a)(3)(ii) exemption from regulation for used
batteries that are returned to a battery manufacturer for regeneration
should be retained, or changed to correspond with the changes proposed
for management of other batteries (58 PR 81250) . Although the Agency
expressed concern that having multiple special provisions for batteries
would be confusing for regulated parties and implementing agencies, EPA
proposed to retain the exemption to avoid disrupting the regeneration
of used batteries.
The final rule removes the 40 CFR 261.6 exemption for used
batteries that are to be regenerated, and adds a provision at
Sec. 273.13(a) and 273.33(a) such that facilities regenerating used
batteries are now subject to the part 273 standards for small or large
quantity handlers of universal waste, depending on the quantity of
batteries they accumulate. In effect, this change results in the
management of batteries that are to be regenerated together with all
other batteries under part 273 during collection, and subjects the
regeneration facility to the same requirements as other facilities
receiving batteries but not breaking open battery casings.
40 CFR 266.80(a) and (b) have also been revised to clarify that
lead-acid batteries that are regenerated remain exempt from the
hazardous waste regulations throughout the management cycle. Since the
final rule retains the lead-acid battery provisions of 40 CFR 266.80,
it is most appropriate to also include regenerated lead-acid batteries
so that all lead-acid batteries may be managed similarly. However,
since the activities of a regeneration facility are more similar to a
facility that accumulates waste than a facility that processes a waste
to recover a usable product, batteries that are regenerated have also
been exempted from the requirements for lead-acid battery reclamation
facilities.
The Agency decided to include regenerated batteries under part 273

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for several reasons. First, although a number of commenters supported
retaining the exemption, several commenters documented the confusion
that already exists concerning applicability of the current exemption,
and several expressed concern about the additional confusion that would
be added by having multiple provisions for battery management.
Regulating all used batteries under the same provisions will eliminate
this confusion, making it easier for the regulated community and
regulating agencies to inqplement the battery management regulations. In
addition, regulating all hazardous waste batteries under the same
provisions will eliminate the confusion expressed by several commenters
about how the exemption applies in situations where those handling the
battery do not know whether the battery i6 regenerable, and thus do not
know whether the battery will be regenerated or recycled. The
applicable requirements will be the same whether the battery is
determined to be regenerable, or is sent on for reclamation at another
facility.
Second, because the risks of accumulating and transporting used
batteries that are to be regenerated (and particularly those that may
or may not be regenerated) sure similar to the risks of managing any
other used battery, the two should be regulated similarly. Because the
Agency believes that the risks are low relative to other hazardous
wastes because the battery casings remain intact, both battery types
should be subject to the same basic management standards included in
Part 273.
Third, the Agency does not believe that compliance with part 273
requirements will be overly burdensome for persons managing batteries
that are to be regenerated. As discussed previously, the requirements
for generators, transporters, and consolidation points (which would be
applicable to regenerators) generally consist of basic good management
practices and only require notification or recordkeeping if large
quantities of batteries are managed. In addition, these requirements
would be applicable in any case if a battery is determined not to be
regenerable and thus is otherwise recycled.
Finally, the Agency decided to subject regeneration facilities to
the requirements for small or large quantity handlers of universal
waste, depending on the quantity accumulated) because
[[Page 25536]] the activities conducted by such facilities are
basically the same and thus the risks are basically the same. Both
facilities accumulate batteries, but do not damage the integrity of the
battery casings. Thus, the Agency believes that the regulations
applicable to such facilities should be the same.
V. State Authority
A. Applicability of Rules in Authorised States
Under section 3006 of RCRA, EPA may authorize qualified StateB to
administer and enforce the RCRA program within the State. Following
authorization, EPA retains enforcement authority under sections 3008,
3013, and 7003 of RCRA, although authorized States have primary
enforcement responsibility. The standards and requirements for
authorization are found at 40 CFR part 271.
Prior to enactment of the Hazardous and Solid Waste Amendments of
1984 (HSWA) , a State with final RCRA authorization administered its
hazardous waste program entirely in lieu of EPA administering the
federal program in that State. The federal requirements no longer
applied in the authorized State, and EPA could not issue permits for
any facilities in that State, since only the State was authorized to
issue RCRA permits. When new, more stringent federal requirements were
promulgated or enacted, the State was obliged to enact equivalent

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authorities within specified time frames. However, the new federal
requirements did not take effect in an authorized State until the State
adopted the federal requirements as State law.
In contrast, under RCRA Bection 3006(g) (42 D.S.C. 6926(g)), which
was added by HSWA, new requirements and prohibitions imposed under HSWA
authority take effect in authorized States at the same time that they
take effect in unauthorized States. EPA is directed by statute to
implement these requirements and prohibitions in authorized States,
including the issuance of permits, until the State is granted
authorization to do so. While States must still adopt HSWA related
provisions as State law to retain final authorization, the HSWA
provisions are implemented by EPA in authorized States in the interim.
B.	Effect on State Authorization
Today's amendments to the hazardous waste regulations are not
effective in authorized States since the requirements are not being
promulgated pursuant to HSWA. Thus, the universal waste standards are
applicable as part of the RCRA program upon the effective date only in
those States that do not have final RCRA authorization. In authorized
States, the amendments will not be applicable until the State revises
its program to adopt equivalent requirements under State law and iB
authorized by EPA for the amendments.
It should be noted that authorized States are only required to
modify their programs when EPA promulgates Federal standards that are
more stringent or broader in scope than the existing Federal standards.
Section 3009 of RCRA allows States to impose standards more stringent
than, or in addition to those in the Federal program. The amendments in
today's rule are not considered to be more stringent than the existing
Federal requirements. Therefore, authorized States are not required to
modify their programs to adopt requirements equivalent to the
provisions contained in today's rule.
Even though States are not required to adopt today's rule, EPA
strongly encourages them to do so. In addition to the expected benefits
of the universal waste program discussed in the proposed and final
rules, EPA also believes that the new streamlined approach to
management of universal wastes will contribute to more efficient and
effective State programs. For these reasons, States are therefore urged
to adopt today's rule and submit to EPA the program modification for
approval in advance of, or according to, the schedule that applies to
mandatory program revisions pursuant to 40 CFR 271.21(e).
C.	Comments Regarding the Proposed Rule
A number of commenters disagreed with the Agency's conclusion that
the universal waste regulations are based on pre-HSWA authorities in
RCRA. Commenters argued that because the universal waste regulations
will further many of the broad goalB outlined in HSWA, EPA could
consider the regulation to be part of HSWA authority. In addition,
several commenters stated that the varying effective dates from State
to State will make participation in srulti-state universal waste
collection programs more difficult. These commenters urged the Agency
to promulgate the rule as a HSWA rule in order to ease these
difficulties and speed realization of the benefits of the rule.
Several coonnenters suggested specific changes to the proposed
universal waste regulations that they argued would be more stringent
than the current hazardous waste program and would allow the Agency to
require authorized states to adopt the universal waste program. A
number of commenters also urged the Agency to promulgate the existing
proposed rule as a more stringent rule ensure that authorized States

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would be required to adopt the rule, thus ensuring that it would be
effective in all States. They a^ain noted that having the rule
effective in some States but nc athere would result in implementation
difficulties. The commenters ai note that the full benefits which
could be realized from a nations universal waste program may not be
achieved if the program is not implemented in all States across the
country.
The Agency agrees with the aim of those commenters who wish to
achieve the uniform application of the universal waste rule that would
be possible if the rule were to be promulgated under HSWA authority.
However, EPA believes that the authority to promulgate today's
amendments is not sufficiently linked to HSWA provisions to be a rule
implementing HSWA. Thus, the Agency believes that the appropriate
authority for promulgation of this rule is non-HSWA.
The Agency agrees with the commenters that because the promulgated
rule is less stringent than the current RCRA program, difficulties may
ariBe if the universal waste regulations are not adopted by all States.
However, the changes necessary to make the universal waste rule more
stringent would significantly diminish the benefits to be gained from
this rule. Thus, because today's rule is less Btringent than the
existing requirements for managing hazardous wastes, authorized States
are not required to adopt the universal waste regulations.
The Agency is encouraged however, by comments on the proposed rule
received from program offices in 28 different States. The overwhelming
response from these State agencies demonstrates strong support for the
universal waste program. The Agency believes that many States will
modify their current State programs to include the provisions of the
final rule, and strongly encourages States to adopt the universal waste
regulations.
As an incentive to encourage States to adopt the universal waBte
regulations, and became authorized for them, EPA is planning to use a
streamlined application procedure. ThiB procedure will reduce in scope
several program revision application components. in addition, EPA will
make electronic versions of this rule and its associated authorization
checklists available on the State Authorization Bulletin Board system.
The Agency believes that these [[Page 25537]] efforts, together with
the aforementioned benefits to be gained from adopting the universal
waste regulations, will help encourage most, if not all, States to
adopt the universal waste regulations within a reasonable period of
tine.
D. Universal Waste State Authorization Issues
1. Addition of New Universal Wastes to State Programs
The Agency notes that States, if they so choose, may seek
authorization for the portions of Sec. 260.20 that address petitions to
add new universal wastes, and for 40 CFR 260.23 and subpart O of part
273, which address the petition process and include the factors to be
used to evaluate petitions. The authorization of States for the
petition process is similar in many respects to the authorization of
States for the delisting program (see 40 CFR 260.20 and 260.22) or the
variance from classification as a solid waste (see 40 CFR 260.31).
States authorized for the petition process would use evaluation
factors analogous to those in Sec. 273.81 to review petitions and make
decisions as to whether to add hazardous wastes to the State universal
waBte regulations. Management standards for these wastes would also be
developed by the State using the criteria in subpart G of part 273. The
individual wastes and management standards would not be subject to the

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authorization revision provisions in 40 CFR 271.21, since the State
would already be authorized for the universal waste regulations and the
regulation of hazardous wastes. Moreover, the State rulemaking
procedures, including those addressing public participation, are
equivalent to the rulemaking procedures EPA employs. Of course, a State
could not approve a petition for a waste it is not authorized to
regulate as hazardous. For example, a State could not approve a
petition for a waste that is hazardous due to the Toxicity
Characteristic (TC) if the State is not authorized for the TC. Although
such a petition would properly be directed to EPA for a decision, the
Agency does not expect thiB situation to occur frequently.
If an authorized State adds new hazardous wastes to its universal
waste program, management of that waste under the universal waste
regulations would only be allowed within that State or other StateB
that have added the wastes to their universal waste regulations. Thus,
the waste could be collected and consolidated within a State that has
added a waste, but shipments to a State where the universal waste
standards do not apply to that waste would have to comply with the full
hazardous waBte requirements (e.g., for transportation, manifests,
interim storage). It should be noted that States are not required to
apply for or obtain authorization to receive and review petitions to
add new wastes. If they so choose, States may apply for and obtain
authorization to implement the part 273 universal waste regulations
other than subpart G. These States would still have the ability to
adopt wastes that EPA adds to its universal waste program.
2.	Authorization for Individual Universal Wastes
In order to aid expedited adoption and authorization of as much of
today's rule as possible, States will not be required to apply for and
obtain authorization to implement the universal waste program for all
wastes covered under the federal program. For example, a State could
choose to include in its authorized program batteries and pesticides,
but not thermostats. EPA believes that this approach will aid quick
adoption for those States that may need to make statutory changes to be
able to implement a universal waste program for a particular
wastestream.
To ensure that all the relevant waBte management and transportation
standards apply to a particular universal waste, to obtain
authorization for the universal waste rule, EPA will require States to
adopt all the applicable general standards even if they are applying
for authorization for only one universal waste. EPA believes that this
is a rational approach to this type of adoption, and that it will not
be a significant barrier to authorization. This authorization policy
will be reflected in EPA's authorization guidance on this rule.
3.	Interstate Transportation
Several commenterB noted that interstate transportation of
universal wastes will be complicated if some States have adopted the
universal waste regulations and some have not. Similar complications
will arise if some states add new wastes to their universal waste
regulations but other states do not add the same wastes. The Agency
believes it is important to explain how the regulations will apply
because interstate transportation will be necessary for many universal
wastes since there may be only a few destination facilities that accept
and manage these wastes.
First, a waste which is subject to the universal waste regulations
may be sent to a state where it is not a universal waste, but it would
be subject to the full hazardous waste regulations in states where it
is not regulated as a universal waste. In this scenario, for the

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portion of the trip through the originating state, and any other states
where the waste is a universal waste, a transporter with an EPA
identification number per 263.11 (hazardous waste rransporter), or a
manifest would not be required. However, for the portion of the trip
through the receiving state, and any other states that do not consider
the waste to be a universal waste, a manifest is required, and the
waste must be moved by a transporter in compliance with 40 CFR part
263. In order for the final transporter and the receiving facility to
fulfill their requirements concerning the manifest (40 CFR 263.20,
263.21, 263.22, 264.71, 264.72, and 264.76 or 265.71, 265.72, and
265.76), the initiating facility should complete a manifest and forward
it to the first transporter to travel in a state where the waste is not
a universal waste. The receiving facility would sign the manifest and
send a copy to the initiating facility. EPA recommends that the
initiating facility note in block 15 of the manifest (Special Handling
Instructions and Additional Information) that the waste is covered
under universal waste regulations in the initiating state but not in
the receiving facility's state.
Second, a hazardous waste generated in a state which does not
regulate it as a universal waste may be sent to a state where it is a
universal waste. In this scenario, the waste must be moved by a
hazardous waste transporter while the waste is in the generator's
state, or any other states where it is not a universal waste. The
initiating facility would conplete a manifest and give copies to the
transporter as required under 40 CFR 262.23(a). Transportation within
the receiving state and any other states that regulate the waste as a
universal waste would not require a manifest or be conducted by a
hazardous waste transporter. However, it is the initiating facility's
responsibility to ensure that the manifest is forwarded to the
receiving facility by any non-hazardous waste transporter and sent back
to the initiating facility by the receiving facility. See 40 CFR 262.23
and 262.42. EPA recommends that the generator note in block 15 of the
manifest (Special Handling Instructions and Additional Information)
that the waste is covered under universal waste regulations in the
receiving facility's state but not in the generator's state.
Third, a waste may be transported across a state in which it is
subject to the full hazardous waste regulations [[Page 25538]] although
other portions of the trip may be from, through, and to states in which
it is covered under universal waste regulations. Transport through the
state must be conducted in a hazardous waste transporter and must be
accompanied by a manifest. In order for the transporter to fulfill its
requirements concerning the manifest (subpart B of part 263), the
initiating facility would complete a manifest as required under the
manifest procedures and forward it to the first transporter to travel
in a state where the waste is not a universal waste. The transporter
would deliver the manifest to, and obtain the signature of either the
next transporter or the receiving facility.
As noted previously, States are not required to adopt today's rule.
However, EPA strongly encourages them to do so. As more states adopt
the program, not only will this assist in achieving the most benefits
of universal waste program, it will also reduce the complexity of
interstate transport of these universal wastes. In the interim, while
states are in the process of adopting today's rule, the Agency plans to
discuss with the states, an approach for coordinating an interim
implementation strategy.
VI. Executive Order 12866--Regulatory lopacts
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether a regulatory action is "significant' '
»nrf therefore subject to review by the Office of Management and Budget

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(OMB) and the requirements of the Executive Order. The Order defines
*"significant regulatory action1' as one that is likely to result in a
rule that may:
(1)	Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2)	Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3)	Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4)	Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.'1
Pursuant to the terms of the Executive Order 12866, it has been
determined that this rule is a "significant regulatory action''
because it raises novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order. Changes made in response to OMB suggestions or
recommendations will be documented in the public record.
This section of the preamble summarizes the costs (savings) and the
cost analysis of the final universal waste regulations. Based upon the
cost analysis, the Agency's best estimate is that the universal waste
regulations may result in nationwide annualized savings of
approximately $76 million.
For the cost analysis, EPA estimated the incremental cost
differences between compliance with the full RCRA Subtitle C
requirements (parts 260-272) and the part 273 standards for universal
waste management. The universal wastes examined for this analysis are:
vented nickel-cadmium batteries, sealed nickel-cadmium batteries,
mercuric-oxide batteries, uBed mercury-containing thermostats,
cancelled and/or suspended pesticides that are recalled, and unused
pesticide products collected in a waste pesticide collection program.
For recalled pesticides only, EPA assumed that a national pesticide
recall producing hazardous waste would occur once every five yearB. All
other universal wastes were assumed to be generated and disposed of
annually.
For each of these types of waste, the Agency identified and
estimated the costs of all the requirements that should result in an
incremental cost difference between the existing full RCRA Subtitle C
regulations and the part 273 Rule. EPA reviewed how waBtes would move
through the RCRA system from the generator to the final treatment or
disposal facility under each regulatory structure, and identified the
areas where compliance costs would differ from the existing RCRA
Subtitle C requirement costs.
The Subtitle C requirements that differ from those required under
part 273 (and therefore produce em incremental savings) include:
Enployee training; maintenance costs for a contingency plan; filing
hazardous waste biennial reports; manifest completion and recordkeeping
per shipment; and Land Disposal Restriction Notification. In addition,
shipping disposal costs were reduced for some of the universal
wastes because common carriers could be used instead hazardous waBte
transporters, and the one-year storage limit under part 273 would allow
handlers to Bhip less often than under the current Subtitle C and

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therefore Cake advantage of economies of scale.
The Agency considered the annual compliance costs that would result
from four different compliance options under the part 273 Rule for
handlers of each type of battery and for thermostats covered in this
analysis: Shipment of wastes by common carriers (trucks) to a
collection facility; shipping wastes directly to a reclamation facility
via common carriers (trucks); shipment of wastes via a parcel carrier
(i.e., UPS); and, for thermostats only, a reverse distribution Bystem
where handlers ship their used thermostats to Honeywell Corporation,
that then has the mercury-containing component (ampule) of the
thermostat reclaimed by a commercial facility.
For each type of waste handler, the	Agency identified the least-
cost method of compliance with part 273	in order to determine the
savings that would result from handlers	no longer subject to the
requirements of 40 CFR parts 262-270.
The least-cost method of compliance with part 273 yielded annual
national cost estimates (of those elements expected to vary between the
current RCRA Subtitle C requirements and the part 273 requirements) of
$0.3 million for vented nickel-cadmium batteries, $10.3 million for
sealed nickel-cadmium batteries, $1.6 million for mercuric-oxide
batteries, and $1.2 million for used mercury-containing thermostats,
for an annual cost of $13.4 million for battery and thermostat waste.
Subtitle C national annual costs (of those elements expected to vary
between the current RCRA Subtitle C requirements and the part 273
requirements) for battery and thermostat waste are estimated to be
$46.2 million, resulting in an annual savings of $32.9 million per year
for battery and thermostat waBte.
For recalled pesticides, part 273 costs (of those elements expected
to vary between the current RCRA Subtitle C requirements and the part
273 requirements) are estimated to be $15.5 million per recall, while
Subtitle C requirement costs (of those elements expected to vary
between the full RCRA Subtitle C requirements and the part 273
requirements) are estimated to be $230.0 million per recall, resulting
in a savings of $214.5 million per recall. Assuming one recid.1 every
five years, and a seven percent discount rate, the annualized savings
for recalled pesticides is $42.7 million per year.
For unused pesticide products collected in a waste pesticide
collection program, part 273 annual costs (of those elements expected
to vary between the current RCRA Subtitle C requirements and the part
273 requirements) are estimated to be $130,000, while Subtitle C
requirement costs (of those elements [ [Page 25539] ] expected to vary
between the full RCRA Subtitle C requirements and the part 273
requirements) are estimated to be $360,000, resulting in an annual
savings of $230,000 per year for unused pesticide products collected
under waste pesticide collection programs.
Summing up the savings from the various universal wastes, the
Agency's best estimate of the total annualized savings of today's rule
is $76 million. A complete discussion of the cost analysis is available
in the regulatory docket for today's rule.
VII. Paperwork Reduction Act
The information collection requirements in this rule have been
approved by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act, 44 D.S.C. 3501 et seq. and have been assigned
control number 2050-0145.
This collection of information has a reporting burden per response

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of 0 hours for Small Quantity HandlerB of Universal Waste, 4 minutes
for Large Quantity Handlers of Universal Waste, and 12 hours for
Destination Facilities; and an estimated annual recordkeeping burden
averaging 1.6 hours per respondent. These estimates include time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information.
Send comments regarding the burden estimate or any other aspect of
this collection of information, including suggestions for reducing this
burden to Chief, Information Policy Branch; EPA; 401 M St., SW. (Mail
Code 2136); Washington, DC 20460; and to the Office of Information and
Regulatory Affairs, Office of Management and Budget, Washington, DC
20503, marked ""Attention: Desk Officer for EPA.11
Display of 0MB Control Numbers
EPA is also amending the table of currently approved information
collection request (ICR) control numbers issued by 0MB for various
regulations. This amendment updates the table to accurately display
those information requirements contained in this final rule. This
display of the OMB control number and its subsequent codification in
the Code of Federal Regulations satisfies the requirements of the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.) and OMB's implementing
regulations at 5 CFR part 1320.
The ICR was previously subject to public notice and comment prior
to OMB approval. As a result, EPA finds that there is ""good cause1 1
under section 553(b) (B) of the Administrative Procedure Act (5 U.S.C.
553(b)(B)) to amend this table without prior notice and comment. Due to
the technical nature of the table, further notice and comment would be
unnecessary. For the same reasons, EPA also finds that there is good
cause under 5 U.S.C. 553(d)(3).
VIII. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) of 1980, 5 U.S.C. 601 et seq.,
requires federal agencies to consider ""small entities' 1 throughout the
regulatory process. Section 603 of the RFA requires an initial
screening analysis to be performed to determine whether Bmall entities
will be affected by the regulation. If affected small entities are
identified, regulatory alternatives must be considered to mitigate the
potential impacts. Small entities as described in the Act are only
those ""businesses, organizations and governmental jurisdictions
subject to regulation.1'
The only entities directly subject to today's final rule are small
and large quantity handlers of universal waste batteries, pesticides,
and thermostats (who generate more than 100 kilograms of hazardous
waste), and transporters and collectors of universal waste batteries,
pesticides, and thermostats. Conditionally exeiqpt small quantity
generators (who generate less than 100 kilograms of hazardous waste)
are not directly subject to today's rule. It is likely that some small
and large quantity generators, transporters, and collectors of
universal waste would meet the definition of ""small business1' as
defined by the RFA. However, the Agency does not have an estimate of
the number of such ""small entities.'' However, the universal waste
regulations are ejected to result in net savings to any regulated
entities because it reduces requirements overall for these entities.
Thus, since the impacts are positive for all regulated entities,
including ""small entities,1' EPA has determined that small regulated
entities will not be adversely impacted. Accordingly, I hereby certify,
pursuant to 5 U.S.C. 601(b), that this rule will not have a significant
iiqpact on a substantial number of small entities.

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IX. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995,
signed into law on March 22, 1995, EPA must prepare a statement to
accompany any rule where the estimated costs to State, local, or tribal
governments in the aggregate, or to the private sector, will be $100
million or more in any one year. Under section 205, EPA must select the
most cost-effective and least burdensome alternative that achieves the
objective of the rule and is consistent with statutory requirements.
Section 203 requires EPA to establish a plan for informing and advising
any small governments that may be significantly impacted by the rule.
EPA has determined that this rule does not include a Federal
mandate that may result in estimated costs of $100 million or more to
either State, local or tribal governments in the aggregate, or to the
private sector.
List of Subjects
40 CFR Part 260
Administrative practice and procedure, Confidential business
information, Hazardous materials, Recycling, Reporting and
recordkeeping, Waste treatment or disposal.
40 CFR Part 261
Hazardous materials, Recycling, Waste treatment and disposal.
40 CFR Part 262
Administrative practice and procedure. Hazardous materials.
Reporting and recordkeeping.
40 CFR Parts 264 and 265
Hazardous materials, Packaging and containers, Reporting and
recordkeeping requirements, Security measures, Surety bonds, Waste
treatment and disposal.
40 CFR Part 266
Hazardous waste, Management, Spent lead-acid batteries.
40 CFR Part 268
Hazardous waste. Reporting and recordkeeping requirements.
40 CFR Part 270
Hazardous materials, Packaging and containers. Reporting and
recordkeeping requirements, Waste treatment and disposal.
40 CFR Part 273
Hazardous materials. Packaging and containers.
Dated: April 25, 1995.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble, title 40 of the Code of
Federal Regulations is amended as follows:

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PART 9 - -[AMENDED]
1. In Part 9:
a.	The authority citation for part 9 continues to read aB follows:
Authority: 7 D.S.C. 135 et seq., 136-136y; 15 D.S.C. 2001, 2003,
2005, 2006, 2601-2671; 21 D.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
D.S.C. 1251 et seq., 1311, 1313d, 1314, 1321, [[Page 25540]] 1326,
1330, 1344, 1345 (d) and (e) , 1361; E.O. 11735, 38 FR 21243, 3 CFR,
1971-1975 Coup. p. 973; 42 D.S.C. 241, 242b, 243, 246, 300f, 300g,
300g-l, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-l, 300j-2,
300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542,
9601-9657, 11023, 11048.
b.	Section 9.1 is amended by adding a new center heading and new
entries to the table to read as follows:
Sec. 9.1 OMB approvals under the Paperwork Reduction Act.
OMB control
40 CFR citation	No.
Hazardous Waste Management System:
General
260.23	 2050-0145
*****
Standards for Universal Waste Management:
273.1	4		2050-0145
273.1	5		2050-0145
273.18		2050-0145
273.32			2050-0145
273.3	4		2050-0145
273.3	5		2050-0145
273.3	8		2050-0145
273.3	9		2050-0145
273.6	1			2050-0145
273.6	2		2050-0145
273.80		2050-0145

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What Is the States' Role?
Like most federal environmental legislation,
RCRA encourages states to develop and run
their own hazardous waste programs as an alter-
native to direct EPA management. When EPA
issues a new rule, such as the Universal Waste
Rule, states that are authorized to implement
the RCRA program must adopt the rule in a
separate state rulemaking for it to be effective.
Because the Universal Waste Rule is less strin-
gent than the current requirements under
RCRA, state adoption is optional. EPA strongly
encourages state adoption, however, to foster
better management of universal wastes in each
state. Quick state adoption will make interstate
issues less complex. Consistent programs among
states will facilitate implementation of national
and regional collection programs.
States may adopt the entire rule or portions of
it, including:
•	General provisions
•	Provisions for batteries, pesticides, and
thermostats
•	Provisions allowing the addition of new
universal wastes
If states adopt the petition provision, they will
be allowed to add wastes to their universal waste
programs without EPA having to add the wastes
at the federal level. The rule will go into effect
immediately in states and territories that are not
RCRA-authorized including Iowa, Alaska,
Hawaii, and Puerto Rico. State adoption is
strongly encouraged.
For More information
The rule was published in the May 11, 1995,
Federal Register and is found in the Code of
Federal Regulations at 40 CFR Part 273. For
more information about the rule, call the
RCRA/Superfiind Hotline at 800 424-9346 or
TDD 800 553-7672. In the Washington, DC,
area, call 703 412-9810 or TDD 703 412-3323.
&EFA	
United Stales	EPA530-F-95-025
Environmental Protection February 1996
Agency
® Recycled/Recyclable
Priniof) nn nanei that contains at least 20 percent postconsumer fiber

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The Universal waste rule
HAS UNIVERSAL APPEAL! IT...
Eases regulatory burdens on businesses.
Promotes proper recycling or disposal of
hazardous waste batteries, pesticides, and
thermostats, which will reduce the amount
of hazardous waste items in the municipal
solid waste stream.
Provides for collection opportunities for
communities and businesses.
REINViiW^O ENVIRONMENTAL
REGULATIONS
As part of the U.S. Environmental Protection
Agency's (EPA's) commitment to reinvent environ-
mental regulations, the Agency recently issued the
"Universal Waste Rule." This rule is designed to
reduce the amount of hazardous waste items in the
municipal solid waste (MSW) stream, encourage
recycling and proper disposal of certain common
hazardous wastes, and reduce the regulatory bur-
den on businesses that generate these wastes.
By reducing administrative requirements, this
rule is expected to save companies more than $70
million per year in compliance costs and reduce
the amount of urne spent on paperwork require-
ments by over 500,000 hours per year. Admin-
istrative reductions also would help encourage
collection and recycling programs, thereby
reducing the amount of these common hazardous
items that are thrown into the trash by households
and small businesses. Removing these materials
from municipal landfills and incinerators will pre-
vent a potential threat to public health and the
environment.
This rule was promulgated by EPA as an amend-
ment to the Resource Conservation and Recovery
Act (RCRA) regulations. States that are authorized
to implement the RCRA program are strongly
encouraged to adopt this rule.
What Are universal Wastes?
Universal wastes include:
Batteries, such as nickel-cadmi-
um (Ni-Cd) and small sealed
lead-acid batteries, which are
found in many common items in
the business and home setting,
including electronic equipment,
mobile telephones, portable com-
puters, and emergency backup
lighting.
Agricultural pesticides that have'
been recalled or banned from use,
are obsolete, have become dam-
aged, or are no longer needed due
to changes in cropping patterns or
other factors. They often are
stored for long periods of time in
sheds or barns.
Thermostats, which can contain
as much as 3 grams of liquid mer-
cury and are located in almost any
building, including commercial,
industrial, agricultural, communi-
ty, and household buildings.
Who is Affected by This rule?
Businesses. Universal wastes
are generated by small and large
/ businesses that are regulated
under RCRA and have been
required to handle these materi-
als as hazardous wastes. The
Universal Waste Rule eases the
regulatory burden on businesses that generate
these wastes. Specifically, it streamlines the
requirements related to notification, labeling,
marking, prohibitions, accumulation time limits,
employee training, response to releases, offsite
shipments, tracking, exports, and transportation.
For example, the rule extends the amount of time
that businesses can accumulate these materials on
site. It also allows companies to transport them
with a common carrier, instead of a hazardous
waste transporter, and no longer requires compa-
nies to obtain a manifest.
Many industries strongly support this new rule
because they have identified easy collection of uni-
versal wastes as a priority to ensure sound envi-
ronmental management. This rule will make it
easier for companies to establish collection pro-
grams and participate in manufacturer take-back
programs required by a number of states. Many
large manufacturers and trade associations are
already planning national and regional collection
programs for their products.
The rule does not apply to businesses that gen-
erate less than 100 kilograms of universal wastes
per month (Conditionally Exempt Small Quantity
Generators). EPA encourages these businesses to
participate voluntarily in collection and recycling
programs by bringing these wastes to collection
centers for proper treatment and disposal.
Households. Universal wastes also are generated
by individual households, which are not regulated
under RCRA and are allowed to dispose of these
wastes in the trash. While new MSW landfills are
designed to handle small amounts of hazardous
wastes, these wastes can be better man-	\
aged in a designated program for collec- ||i
tion or recycling. EPA encourages resi- jfl | |R
dents to take these items to collection
sites located at nearby businesses and
other centers for proper recycling or disposal.
Communities. Communities in states that adopt
this rule can work with both businesses and resi-
dents to facilitate proper recycling or disposal of
universal wastes. By easing the regulatory burden
on businesses, more collection sites will be avail-
able. Communities can establish collection
programs or assist collection programs set up
by area businesses.
I HARDWARE llEL^bTht>Mlfc^
J


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Sf*v
CT	S?
£ £% \	UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
I StS- *	WASHINGTON, D.C. 20460
V P«o^0
NOV 2 5 1995
OFFICE OF
SOLID WASTE AND EMERGEN^
RESPONSE
MEMORANDUM
SUBJECT:
FROM:
TO:
Mercury-Containipg and Rechargeable Batteiy Management Act
f Solid Waste
Senior RCRA Policy Managers
Regions I-X
The "Mercury-Containing and Rechargeable Battery Management Act" was signed by the
President on May 13, 1996. The law became immediately effective nationwide on the date of
signature. The law has two primary goals, the first of which is to limit the mercury content in
consumer batteries. The second is to promote recycling and proper disposal of used rechargeable
nickel cadmium batteries, sealed small lead acid batteries, and certain other types of rechargeable
batteries now widely used in consumer products.
In order to achieve the first purpose, the law sets limits on the mercury content of certain
battery types and prohibits the sale of other types of mercury-containing batteries in the United
States. The law also requires that if a product manufactured after May 13, 1997, contains a
rechargeable battery containing a cadmium or lead electrode, the battery must be easily
removable. It also, establishes uniform national labeling requirements and requires the collection,
storage, and transportation of the following types of batteries be managed according to standards
established in the May 11, 1995 Universal Waste rule (60 FR 25492): used rechargeable
batteries, lead-acid batteries not covered by 40 CFR part 266 subpart G, rechargeable alkaline
batteries, certain mercury-containing batteries banned from domestic sale, and used consumer
products containing rechargeable batteries that are not easily removable. Finally, the law prohibits
States from imposing requirements that are not identical to those found in the May 11, 1995
Universal Waste rule, but allows States to adopt and enforce standards identical to those in the
law for labeling, and to implement and enforce collection, storage, and transport requirements
identical to those included in the Universal Waste rule.
R#cyclod/Rocyclabl» • Pnnied wltn Vegetable Oil Based Inks on 100% Recycled Paper (
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Since the enactment of the law, a great deal of confusion has arisen among State waste
management officials, as evidenced by the number of inquiries OSW has received with respect to
state implementation and enforcement. OSW is currently assessing how States will be Federally
approved to implement and enforce the law, whicl .s discussed above, imposes Federal Universal
Waste standards effective immediately. The law, however, is not an amendment to RCRA.
Thus, the requirements of section 3006 of RCRA do not apply to the authorization of States to
implement its provisions. Until these State authorization issues are resolved, OSW recommends
that States not make any changes to the provisions regarding batteries while in the process of
adopting the Universal Waste rule primarily, because the new law provides only for the
implementation of State rules that are identical to the Federal provisions. States may accomplish
this by incorporating the Rule by reference, or adopting this part of it verbatim.
I have attached a copy of the law for your information and ask that you share this memo,
as well as the attached copy of the law, with appropriate State officials. In the meantime, OSW is
developing a codification rule that will incorporate the waste management provisions of the law
into the Code of Federal Regulations. OSW is compiling a list of questions received from
correspondence and will address them in the preamble of the codification rule. If you have
questions regarding the codification rule, please contact Bryan Groce of my staff at (703) 308-
8750. If you have questions regarding the battery labeling provisions of the law, please contact
Sue Nogas of my staff at (703) 308-7251. If you have questions regarding State authorization,
please contact Wayne Roepe of my staff at (703) 308-8630. Questions related to enforcement
authority should be directed to Betsy Smidinger of the Office of Enforcement and Compliance
Assurance at (202) 564-4017.
Attachment
cc: RCRA Branch Chiefs, Regions I-X
State Authorization Section Chiefs, Regions I-X
RCRA Community Relations Coordinators, Regions I-X
RCRA Enforcement Branch Chiefs, Regions I-X

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PUBLIC LAW 104-142—MAY 13, 1996
110 STAT. 1329
Public Law 104-142
104th Congress
An Act
To phase out the use of mercury in batteries and provide for the efficient and
cost-effective collection and recycling or proper disposal of used nickel cadmium
batteries, small sealed lead-acid batteries, and certain other batteries, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
May 13, 1996
[H.R. 2024]
Mercury-
Containing and
Rechargeable
Battery
Management Act
Environmental
protection.
42 USC 14301 •
note.
42 USC 14301.
SECTION 1. SHORT TITLE.
This Act may be cited as the "Mercury-Containing and
Rechargeable Battery Management Act".
SEC. 2. FINDINGS.
The Congress finds that—
(1)	it is in the public interest to—
(A)	phase out the use of mercury in batteries and
provide for the efficient and cost-effective collection and
recycling or proper disposal of used nickel cadmium bat-
teries, small sealed lead-acid batteries, and other regulated
batteries; and
(B)	educate the public concerning the collection,
recycling, and proper disposal of such batteries;.,
(2)	uniform national'taoeBng requirements for regulated
batteries, rechargeable consumer products, and product packag-
ing will significantly .bf^efit program* for regulated battery
collection and recycling or proper disposal; and
(3)	it is in toe public interest to encourage persons who.
use rechargeable batteries to. participate in collection for"
recycling of used nickel-cadmium, small sealed lead-add, and
other regulated batteries.
SEC. 3. DEFINITIONS.	42 USC 14302.
For purposes of this Act:
(1)	Administrator.—The term "Administrator* means the
Administrator of the Environmental Protection Agency.
(2)	Button cell.—The term "button cell" means a button-
or coin-shaped battery.
(3)	Easily removable.—The term "easily removable", with
respect to a "battery, means detachable or removable at the
end of the life of the Dattery—
(A)	from a consumer product by a consumer with the
use of .common household tools; or
(B)	by a retailer of replacements for a battery used
as the principal electrical power source for a vehicle.
20-130 0-06(142}

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110 STAT. 1330	PUBLIC LAW 104-142—MAY 13, 1996
(4)	Mercuric-oxide battfry.—The term "mercuric-oxide
battery" means a battery that ses a mercuric-oxide electrode.
(5)	Rechargeable batte —The term "rechargeable bat-
tery"—
(A)	means 1 or more voltaic or galvanic cells, elec-
trically connected to produce electric energy, that is
designed to be recharged for repeated uses; and
(B)	includes any type of enclosed device or sealed con-
tainer consisting of 1 or more such cells, including what
is commonly called a battery pack (and in the case of
a battery pack, for the puiposes of the requirements of
easy removability and labeling under section 103, means
the battery pack as a whole rather than each component
individually); but
(C)	does not include—
(i)	a lead-acid battery used to start an internal
combustion engine or as the principal electrical power
source for a vehicle, such as an automobile, a truck,
construction equipment, a motorcycle, a garden tractor,
a golf cart, a wheelchair, or a boat;
(ii)	a lead-acid battery used for load leveling or
for storage of electricity generated by an alternative
energy source, such as a solar cell or wind-driven
generator,
(iii)	a battery used as a backup power source for
memory or program instruction storage,. timekeeping,
or any similar purpose that requires uninterrupted
electrical power in order to function if the primary
energy supply fails or fluctuates momentarily, or
uv) a rechargeable alkaline battery.
(6> Rechargeable consumer product.—The term
"rechargeable consumer product"—
(A)	means a product that, when sold at retail, includes
a regulated battery as a primary energy supply. and that
is primarily intended for personal. or household use; but
(B)	doe* not include a product that only uses a battery
solely as a source of backup power for memory or program
instruction storage, timekeeping, or any similar purpose,
that requires uninterrupted electrical power in order to
function if the primary energy supply fails or fluctuates
momentarily.
(7)	Regulated BATTERY.—-The term "regulated battery"
means a rechargeable battery that—
(A)	a cadmium or a lead electrode or any
combination of cadmium and lead electrodes; or
(B)	other electrode chemistries and is the
subject of a determination by the Administrator under
section 103(d).
(8)	Remanufactured product.—The term "remanufac-
tured product" means a rechargeable consumer product that
has been altered by the replacement of parts, repackaged, or
repaired after initial sale by the original manufacturer.
42 use 14303. SEC. <4. INFORMATION DISSEMINATION.
The Administrator shall, in consultation with representatives
of rechargeable battery manufacturers, rechargeable consumer prod-
uct manufacturers, and retailers, establish a program to provide

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PUBLIC LAW 104-142—MAY 13, 1996	110 STAT. 1331
information to the public concerning the proper handling and dis-
posal of used regulated batteries and rechargeable consumer prod-
ucts with nonremovable batteries.
SEC. 5. ENFORCEMENT.	42 USC 14304.
(a)	Civil Penalty.—When on the basis of any information
the Administrator determines that a person has violated, or is
in violation of, any requirement of this Act (except a requirement
of section 104) the Administrator—
(1)	in the case of any violation, may issue an order assess-
ing a civil penalty of not more than $10,000 for each violation,
or requiring compliance immediately or within "a reasonable
specified time period, or both; or
(2)	in the case of any violation or failure to comply with
an order issued under this section, may commence a civil action
in the United States district court in the district in which
the violation occurred or in the district in which the violator
resides for appropriate relief, including a temporary or perma-
nent injunction.
(b)	Contents of Order.—An order under subsection (ttXl)
shall state with reasonable specificity "the nature of the violation^
(c)	Considerations.—In assessing a civil penalty under sub*
section (aXl), the Administrator shall take into account the serious-
ness of the violation and any good faith efforts to comply with
applicable requirements.
(d)	Finality of Order; Request for Hearing.—An order
under subsection (aXl) shall become final unless, not later than
30 days after the order is served, a person named in the order
requests a hearing on the record.
(e)	HEARING.—On receiving a request under subsection (d),
the Administrator shall promptly conduct a hearing on the record.
(f)	Subpoena Power.—In connection with any hearing on the
record under this section, the Administrator may issue subpoenas
for the attendance and testimony of witnesses and for the production
of relevant papers, books, and documents.
(g)	Continued Violation After Expiration of Period for
Compliance.—If a violator fails" to take corrective action within
the time specified in an order under subsection (aXl), the Adminis-
trator may assess a civil penalty of not more than $10,000 for
the continued noncompliance with the order.
(h)	Savings Provision.—The Administrator may not take any
enforcement action against a person for selling, offering for sale,
or offering for promotional purposes to the ultimate consumer a
battery or product covered by this Act that was—
(1) purchased ready for sale to the ultimate consumer,
and
. (2) sold, offered for sale, or offered for promotional purposes
without modification.
The preceding sentence shall not apply to a person—
(A)	who is the importer of a battery covered by this Act,
and
(B)	who has knowledge of the chemical contents of the
battery
when such chemical contents make the sale, offering for sale, or
offering for promotional purposes of such battery unlawful under
title II of this Act.

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110 STAT. 1-332
PUBLIC LAW 104-142—MAY 13, 1996
42 USC 14305.
42 JSC 14306.
42 USC 14307.
Rechargeable
Battery Recycling
Act.
SEC. 6. INFORMATION GATHERING AND ACCE8S.
(a)	Records and Reports.—A person who is required to carry
out the objectives of this Ac:, including—
(1)	a regulated batcery manufacturer;
(2)	a rechargeable consumer product manufacturer;
(3)	a mercury-containing battery manufacturer; and
(4)	an authorized agent of a person described in paragraph
(1), (2), or (3),	*
shall establish and maintain such records and report such informa-
tion as the Administrator may by regulation reasonably require
to carry out the objectives of this Act.
(b)	ACCESS and Copying.—The Administrator or the Adminis-
trator's authorized representative, on presentation of credentials
of the Administrator, may at reasonable times have access to and
copy any records required to be maintained under subsection (a)!
(c)	Confidentiality.—The Administrator shall maintain the
confidentiality of documents and records that contain proprietary
information.
SEC. 7. STATE AUTHORITY.
Nothing in this Act shall be construed to prohibit a State
from enacting and enforcing a standard or requirement that is
identical to a standard or requirement established or promulgated
under this Act. Except as provided in sections 103(e) and 104,
nothing in this Act snail be construed to prohibit a State from
enacting and enforcing a standard or requirement that is more
stringent than a standard or requirement established or promul-
gated under this Act.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this Act.
TITLE I—RECHARGEABLE BATTERY
RECYCLING ACT
42 USC 14301
note.
42 USC 1432L
42 USC 14322.
SEC. 101. SHORT TITLE.
This title may be cited as the "Rechargeable Battery Recycling
Act".
SEC. 101. PURPOSE.
'Hie purpose of title is to facilitate the efficient recycling
or proper disposal of used nickel-cadmium rechargeable batteries,
used 8mall sealed lead-acid rechargeable batteries, other regulated
batteries, such rechargeable batteries in used consumer prod-
ucts, by—	, 	
(1)	providing for uniform	requirements and stream-
lined regulatory requirements for regulated battery collection
programs; and	»_,••*
(2)	.encouraging voluntary industry programs by eliminat-
ing barriers to funding the collection and recycling or proper
disposal of used rechargeable batteries.
SEC. 103. RECHARGEABLE CONSUMER PRODUCTS AND LABELING.
(a) Prohibition.—

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PUBLIC LAW 104-142—MAY 13. 1996	110 STAT. 1333
(1-) In general.—No person shall sell for use in the United
States a regulated battery that is ready for retail sale or a
rechargeable consumer product that is ready for retail sale,
if such battery or product was manufactured on or after the
date 12 months after the date of enactment of this Act, unless
the labeling requirements of subsection (b) are met and, in
the case of a regulated battery, the regulated battery—
(A)	is easily removable from the rechargeable consumer
product; or
(B)	is sold separately.
(2)	Application.—Paragraph (1) does not apply to any
of the following:
(A)	The sale of a remanufactured product unit unless
paragraph (1) applied to the sale of the unit when originally
manufactured.
(B)	The sale of a product unit intended for export
purposes only.
(b)	Labeling.—Each regulated battery or rechargeable
consumer product without an easily removable battery manufac-
tured on or after the date that is 1 year after the date of enactment
of this Act, whether produced domestically or imported.shall bear
the following labels:
(1) 3. chasing arrows or a comparable recycling symbol.
(2XA) On each regulated battery which is a nickel-cadmium
battery, the chemical name or the abbreviation "Ni-Cd" and
the phrase "BATTERY MUST BE RECYCLED OR DISPOSED
OF PROPERLY.".
(B) On each regulated battery which is a lead-acid battery,
"Pb" or the words "LEAD", "RETURN", and "RECYCLE" and
if the regulated battery is sealed, the phrase "BATTERY MUST
BE RECYCLED.".
(3)	On each rechargeable consumer product containing a
regulated battery that is not easily removable, the phrase
"CONTAINS NICKEL-CADMIUM BATTERY. BATTERY
MUST BE RECYCLED OR DISPOSED OF PROPERLY." or
"CONTAINS SEALED LEAD BATTERY. BATTERY MUST BE
RECYCLED.", as applicable.
(4)	On the packaging of each rechargeable consumer prod-
uct, and the packaging of each regulated battery sold separately
from such a product, unless the required label is clearly visible
through the packaging, the phrase "CONTAINS NICKEL-CAD-
MIUM BATTERY. BATTERY MUST BE RECYCLED OR DIS-
POSED OF PROPERLY." or "CONTAINS SEALED LEAD BAT-
TERY. BATTERY MUST BE RECYCLED.', as applicable.
(c)	Existing or Alternative Labeling.—
(1)	Initial period.—For a period of 2 years after the date
of enactment of this Act* regulated batteries, rechargeable
consumer products containing regulated batteries, and
rechargeable consumer product packages that are labeled in
substantial compliance with subsection (b) shall be deemed
to comply with the labeling requirements of subsection (b).
(2)	Certification.—
(A) In GENERAL.—On application by persons subject
to the labeling requirements of subsection (b) or the label-
ing requirements promulgated by the Administrator under
subsection (d), the Administrator shall certify that a dif-

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110 STAT. 1334.	PUBLIC LAW 104-142—MAY 13, 1996
ferent label meets the requirements of subsection (b) or
(d), respectively, if the different label—
(i)	conveys the same information as. the label
required under subsection (b) or (d), respectively; or
(ii)	conforms with a recognized international stand-
ard that is consistent with the overall purposes of
this title.
(B) Constructive certification.—Failure of the
Administrator to object to an application under subpara-
graph (A) on the ground that a different label does not
meet either of the conditions described in subparagraph
(A) (i) or (ii) within 120 days after the date on which
the application is made shall constitute certification for
the purposes of this Act.
(d)	Rulemaking Authority of the Administrator.—
(1)	In GENERAL.—If the Administrator determines that
other rechargeable batteries having electrode chemistries dif-
ferent from regulated batteries are toxic and may cause
substantial harm to human health and the environment if
discarded into the solid waste stream for land disposed or
incineration, the Administrator may, with the advice and coun-
sel of State regulatory authorities and manufacturers of
rechargeable batteries and rechargeable consumer products,
and after public comment—
(A)	promulgate labeling requirements for the batteries
with different electrode chemistries, rechargeable consumer
products containing such batteries that are not easily
removable batteries, and packaging for the batteries and
products; and
(B)	promulgate requirements for easy removability of
regulated batteries from rechargeable consumer products
designed to contain such batteries.
(2)	Substantial similarity.—The regulations promulgated
under paragraph (1) shall be substantially similar to the
requirements set forth in subsections (a) and (b).
(e)	Uniformity.—After the effective dates of a requirement
set forth in subsection (a), (b), or (c) or a regulation promulgated
by the Administrator under subsection (d), no Federal agency,-State,
or political subdivision of a State may enforce any easy removability
or environmental labeling requirement for a rechargeable ^battery
or rechargeable consumer product that is not identical to the
requirement or regulation.
(I) Exemptions.—
(1)	In general.—With respect to any rechargeable
consumer product, any person may submit an application to
the Administrator for an exemption from the requirements
of subsection (a) in accordance with the procedures under para-
graph (2). The application shall include the following informa-
tion:
(A)	A Statement of the specific basis for the request
for the exemption.
(B)	The name, business address, and telephone number
of the applicant.	,	, A
(2)	Granting of exemption.—Not later than 50 days after
receipt of an application under paragraph (1), the Administrator
nVinll approve or deny the application. On approval of the
application the Administrator snail grant an exemption to the

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PUBLIC LAW 104-142—MAY 13, 1996	110 STAT. 1335
applicant. The exemption shall be issued for a period of time
that the Administrator determines to be appropriate, except
that the period shall not exceed 2 years. The Administrator
shall grant an exemption on the basis of evidence supplied
to the Administrator that the manufacturer has been unable
to commence manufacturing the rechargeable consumer product
in compliance with the requirements of this section and with
an equivalent level of product performance without the prod-
uct-
(A)	posing a threat to human health, safety, or the
environment; or
(B)	violating requirements for approvals from govern-
mental agencies or widely recognized private standard-
setting organizations (including Underwriters Labora-
tories).
(3) Renewal OF EXEMPTION.—A person granted an exemp-
tion under paragraph (2) may apply for a renewal of the exemp-
tion in accordance with the requirements and procedures
described in paragraphs (1) and (2). The Administrator may
grant a renewal of such an exemption for a period of not
more than 2 years after the date of the granting of the renewal.
SEC. 104. REQUIREMENTS.	42 USC 14323.
(a)	Batteries Subject to Certain Regulations.—The collec-
tion, storage, or transportation of used rechargeable batteries, bat-
teries described in section 3(5XC) or in title II, and used recharge-
able consumer products containing rechargeable batteries that are
not easily removable rechargeable batteries, shall, notwithstanding
any law of a State or political subdivision thereof governing such
collection, storage, or transportation, be regulated under applicable
provisions of the regulations promulgated by the Environmental
Protection Agency at 60 Fed. Reg. 25492 (May 11,1995), as effective
on May 11, 1995, except as provided in paragraph (2) of subsection
(b) and except that—
(1)	the requirements of 40 CFR 260.20, 260.40, and 260.41
and the equivalent requirements of an approved State program
shall not apply, and
(2)	this section shall not apply to any lead acid battery
managed under 40 CFR 26# subpart G or the equivalent
requirements of an approved State program.
(b)	Enforcement Under Solid Waste Disposal Act.—(1)
Any person who fails to comply with the requirements imposed
by subsection (a) of this section may be subject to enforcement
under applicable provisions of the Solid Waste Disposal Act
(2) States may implement and enforce the requirements of
subsection (a) if the Administrator finds that—
(A)	the State has adopted requirements that are identical
to those referred to in subsection (a) governing the collection,
storage, or transportation of batteries referred to in subsection
(a); and
(B)	the State provides for enforcement of such require-
ments.

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110 STAT. 1336
PUBLIC LAW 104-142—MAY 13, 1996
Mercury-
Containing
Battery
Management Act.
42 USC 14301
note.
TITLE n—MERCURY-CONTAINING
BATTERY MANAGEMENT ACT
SEC. 201. SHORT TITLE.
42 USC 14331.
This title may be cited as the "Mercury-Containing Battery
Management Act".
SEC. 202. PURPOSE.
The purpose of this title is to phase out the use of batteries
containing mercury.
42 USC 14332. SEC. 203. LIMITATIONS ON THE SALE OF ALKALINE-MANGANESE BAT-
TERIES CONTAINING MERCURY.
No person shall sell, offer for sale, or offer for promotional
purposes any alkaline-manganese battery manufacturea on or after
the date of enactment of this Act, with a mercury content that
was intentionally introduced (as distinguished from mercury that
may be incidentally present in other materials), except that the
limitation on mercury content in alkaline-manganese button cells
shall be 25 milligrams of mercury per button cell.
42 USC 14333. SEC. 204. LIMITATIONS ON THE SALE OF ZINC-CARBON BATTERIES
CONTAINING MERCURY.
No person shall sell, offer for sale, or offer for promotional
purposes any zinc-carbon battery manufactured on or after the
date of enactment of this Act, that contains mercury that was
intentionally introduced as described in section 203.
42 USC 14334. SEC. 206. LIMITATIONS ON THE SALE OF BUTTON CELL MERCURIC-
OXIDE BATTERIES.
No person shall sell, offer for sale, or offer for promotional
purposes any button cell mercuric-oxide battery for use in the
United States on or after the date of enactment of this Act.
42 USC 14335. SEC. 206. LIMITATIONS ON THE SALE OF OTHER MERCURIC-OXIDE
BATTERIES.
(a)	Prohibition.—On or after the date of enactment of this
Act, no person shall sell, offer for sale, or offer for promotional
purposes a mercuric-oxide battery for use in the United States
unless the battery manufacturer, or the importer of such, a battery—
(1)	identifies a collection site in the United States tnat
has all required Federal, State, and local government approvals,
to which persons may send used mercuric-oxide batteries for
recycling or proper disposal;
(2)	informs each of its purchasers of mercuric-oxide bat-
teries of the collection site identified under paragraph (1); and
(3)	informs each of its purchasers of mercuric-oxide bat-
teries of a telephone number that the purchaser may call to
get information about sending mercuric^oxide batteries for
recycling or proper disposal.
(b)	Application of Section.—This section does not apply to
a sale or offer of a mercuric-oxide button cell battery.
42 USC 14336. SEC. 907. NEW PRODUCT OR USE.
On petition of a person that proposes a new use lor a Dattery
technology described in t-hi* title or the use of a battery described
in thin title in a new product, the Administrator may exempt

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PUBLIC LAW 104-142—MAY 13, 1996	110 STAT. 1337
from this title the new use of the technology or the use of such
a battery in the new product on the condition, if appropriate,
that there exist reasonable safeguards to ensure that the resulting
battery or product without an easily removable battery will not
be disposed of in an incinerator, composting facility, or landfill
(other than a facility regulated under subtitle C of the Solid Waste
DisDOsal Act (42 U.S.C. 6921 et seq.)).
Approved May 13, 1996.
LEGISLATIVE HISTORY—H.R. 2034 XS. 619):
HOUSE REPORTS: No. 104-630 (Comm. on Commerce).
SENATE REPORTS: No. 104-136 accompanying S. 619 (Comm. on Environment
¦nri Public Work*).
CONGRESSIONAL RECORD:
VoL 141 (1995): Sept 21, S. 619 considered and paiaed Senate.
VoL 142 (1996): Apr. 23, H.R. 2024 considered mnd paued Housa.
Apr. 28, considered and paued Senate.

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EPA/DEP/Industry Workshop
Used Oil
Rule 62-710, F.A.C.
August 12 -14,1997
Clearwater Beach, Florida

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Florida Administrative Code (F.A.C.)
Chapter 62-710, Used Oil Management
(Amended, Effective March 25, 1997)
stum
CHAPTER 62-710
USED OIL MANAGEMENT
62-710.100 Intent. (Repealed, moved to 62-701.100, F.A.C.)
62-710.200 Definitions. (Repealed, moved to 62-701.200, F.A.C.)
62-710.210 Documents Incorporated by Reference.
62-710.400 Prohibitions. (Repealed, see Chapter 403.708 (14) (b), Florida
Statutes [FS.] and Rule 62-701.300(8)(b), F.A.C.)
62-710.500 Registration and Notification.
62-710.510 Record Keeping.
62-710.520 Reporting. (Repealed, moved to 62-710.510, F.A.C.)
62-710.530 Exemptions. (Repealed, see Chapter 403.767 (1) , FS.)
62-710.600 Certification of Used Oil Transporters.
62-710.800 Permits for Used Oil Processing Facilities.
62-710.850 Management of Used Oil Filters.
62—710.900 Forms. (Repealed, moved to 62-701.900, F.A.C.)
62-710.901 Used Oil Processing Facility Permit Application and
Instructions.
62-710.210 Documents Incorporated by Reference.
(1)	General provisions relating to solid waste management
may be found in Chapter 62-701, F.A.C., including statements of
intent, definitions, prohibitions, general permitting
requirements, alternate procedures, and forms. Except where the
context indicates otherwise, these general provisions apply to
this Chapter.
(2)	The Department adopts by reference 40 CFR Part 279
revised as of July 1, 1993, and the amendments in the Federal
Register dated March 4, 1994 (59 FR 10550), which contain the
federal standards for the management of used oil. It is also the
intent of this chapter to regulate used oil in a manner
consistent with the Federal regulations and interpretations
thereof promulgated by the United States Environmental Protection
Agency.
(3)	"On-specification used oil fuel" means any used oil
which meets the requirements of 40 CFR Part 279.11. Used oil fuel
containing PCBs at a concentration greater than 2 ppm, but less
than 50 ppm, must be managed in accordance with 40 CFR Part
761.20(e) and burned only in boilers or industrial furnaces as
defined in 40 CFR Part 260.10 and identified in 40 CFR Part
279.61. Used oil containing PCBs at a concentration equal to or
greater than 50 ppm is fully subject to the requirements of the
Toxic Substances Control Act found in 40 CFR Part 761. Blending
used oil for the purpose of reducing the concentration of PCBs to
below 50 ppm is prohibited in accordance with the provisions of
40 CFR 279.10(i) and 761.20(e).
(4)	References in 40 CFR Part 262 to 40 CFR Part 279 shall
mean rules adopted by the Department regarding generators of
I

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hazardous wastes; reference to 40 CFR Part 263 shall mean rules
adopted by the Department regarding transporters of hazardous
waste; reference to 40 CFR Part 264 and 265 shall mean rules
adopted by the Department regarding treaters, storers and
disposers of hazardous wastes; references to 40 CFR Part 2 66
shall mean rules adopted by the Department regarding standards
for the management of specific hazardous waste; and references to
Section 3010 of RCRA shall mean notification requirements of
Florida Law. The above-mentioned Department rules are found in
Chapter 62-730, F.A.C.
(5)	When the same word, phrase, or term is defined in Rule
62-710.200, F.A.C., and 40 CFR Part 279 and the definitions are
not identical, the definitions as given in Rule 62-710.200,
F.A.C., shall apply.
(6)	Unless specifically indicated otherwise, when used in
any such provisions as adopted from 40 CFR Part 279, United
States shall mean the State of Florida, EPA shall mean the
Department, and Administrator or Regional Administrator shall
mean the Secretary of the Department or the Secretary's designee,
where appropriate.
(7)	Any reference to 40 CFR Parts 124 or 270 as adopted by
reference in 40 CFR Part 279 shall mean the permitting provisions
in Chapters 62-4 or 62-730, F.A.C., or Section 403.722, F.S.
(8)	Any reference to the Resource Conservation and Recovery
Act of 1976 (RCRA) as adopted by reference in 40 CFR Part 279
shall be construed to refer to comparable provisions of the
Florida Resource Recovery and Management Act as established in
Part IV of Chapter 403, F.S.
(9)	EPA Form 8700-12 has been adopted by reference in Rule
62-730, F.A.C., and may be used when referred to in 40 CFR Part
279.
Specific Authority 403.061, 403.704, 403.7545, 403.8055, FS.
Law Implemented 403.704, 403.7545, FS.
History—New 6-8-95, Amended 12-23-96, 3-25-97.
62-710.500	Registration and Notification.
(1)	The following persons shall annually register their
used oil handling activities with the Department on DEP Form 62-
701.900(9):
(a)	Used oil transporters and transfer facilities;
(b)	Used oil processors;
(c)	Used oil fuel marketers who sell used oil fuel; and
(d)	Used oil burners of off-specification used oil.
(2)	The registration form shall be accompanied by a fee of
$100 per facility. It is not necessary to submit more than one
form or fee if registering more than one activity. The
registration form and fee shall be due by March 1 of each year.
The registration fee is waived for used oil processing facilities
for which a permit fee was paid under Rule 62-710.800, F.A.C.
(3)	Upon receipt of the completed form and fee, the
Department shall issue to each registered person a validated
registration form which shall be valid for one year. For used oil
transporters, acknowledgment of registration shall be included in
the certification process of Rule 62-710.600, F.A.C. The
2

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registration shall be valid from July 1 of the year of
registration or renewal until June 30 of the following year.
(4)	Each registered person shall display the validated
registration form and identification number in a prominent place
at each facility location.
(5)	Transporters may submit one registration form for their
entire transportation fleet.
(6)	Each public used oil collection center shall notify the
Department no later than 3 0 days after first accepting used oil
from the public on DEP Form 62-701.900(14). The Department shall
acknowledge filing of the notification within 30 days of receipt.
Specific Authority 403.061, 403.704, FS.
Law Implemented 403.704, 403.754, 403.760, FS.
History—New 2-25-85; Previously Numbered as 17-7.63; Formerly
17-7.630; Amended 1-17-90, Formerly 17-710.500, Amended 6-8-95,
12-23-96, 3-25-97.
62-710.510	Record Keeping.
(1)	Each registered person shall maintain records on DEP
Form 62-701.900(10) or on substantially equivalent forms which
contain at least the same information as the Department form.
These records shall include the following information:
(a)	The source of the used oil, including the name and
street address of each source, the EPA identification number of
the source, if applicable;
(b)	The total number of gallons of used oil received from
each source, including any oily wastes which may be an integral
part of the used oil shipment;
(c)	The type of used oil received, using the type code
designation found in the form instructions; '
(d)	The date of receipt; and
(e)	The destination or end use of used oil and oily wastes,
including name and street address of each destination or end
user, the used oil identification number, if applicable, and the
end use code designation found in the form instructions.
(2)	Transporters are advised to maintain documentation of
any shipment of used oil which is refused due to suspected mixing
with hazardous waste. The transporter shall notify the
appropriate Department District Office of any shipment refusal.
(3)	Generators of used oil who transport only their own
used oil generated at their own non-contiguous operations to
their own central collection facility for storage prior to having
their used oil picked up by a certified used oil transporter are
not subject to the record keeping and reporting requirements of
this section.
(4)	The records required by this section shall be retained
for a period of three years. The records shall be kept at the
street address of the registered person and shall be available
for inspection by the Department during normal business hours.
(5)	No later than March 1 of each year, each person
registered in accordance with Rule 62-710.500, F.A.C., shall
submit an annual report for the preceding calendar year to the
Department on DEP Form 62-701.900(11). The report shall
summarize the records kept pursuant to this section.
3

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(6) No later than July l of each year, each public used oil
collection center shall submit to the Department an estimate of
the quantity of used oil accepted from the public during the
previous calendar year. The Department shall advise each public
used oil collection center of this requirement by June 1 of each
year.
Specific Authority 403.061, 403.704, FS.
Law Implemented 403.754, 403.760, FS.
History—New 2-25-85/ Previously Numbered as 17-7.64; Formerly
17-7.64 0; Amended 1-17-90, Formerly 17-710.510, Amended 6-8-95,
12-23-96, 3-25-97.
62-710.600	Certification of Used Oil Transporters.
(1)	Any person who transports over public highways after
January 1, 1990, more than 500 gallons of used oil annually, not
including oily waste, shall be a certified used oil transporter,
except:
(a)	Local governments or private solid waste haulers under
contract to a local government that transport used oil collected
from households to a public used oil collection center; or
(b)	Persons who transport less than 55 gallons of used oil
at one time that is stored in tightly closed contaiers which are
secured in a totally enclosed section of the transport vehicle.
(2)	To become certified, used oil transporters shall:
(a)	Register annually with the Department and comply with
the annual reporting and record keeping requirements pursuant to
Rules 62-710.500, 62-710.510 and 62-710.520, F.A.C.;
(b)	Show evidence of familiarity with applicable state laws
and rules governing used oil transportation by submitting a
training program for approval to the Department which includes
provisions for at least the following:
1.	Compliance with state and federal rules governing used
oil;
2.	Proper used oil management practices, including
appropriate response action to any release or spill;
3.	An introduction of the new employee to the applicable
laws and rules before unsupervised driving of a used oil
transportation vehicle; and
4.	Verification that company personnel handling or
transporting used oil have successfully completed the training
program. New employees shall complete the training program as
soon as possible, but no later than 90 days after beginning
employment;
(c)	Maintain a record of training in the company's
operating record and the individual personnel files indicating
the type of training received along with the dated signature of
those receiving and providing the training. These records shall
be available for review by Department personnel during
inspections; and
(d)	Demonstrate, and annually verify, proof of liability
insurance, or other means of financial responsibility, for any
liability which may be incurred in the transport of used oil.
Such financial responsibility shall cover sudden and accidental
4

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occurrences involving bodily injury and property damage in the
amount of at least $100,000 Combined Single Limit.
1.	The $100,000 Combined Single Limit is the minimum
amount of financial responsibility that every used oil
transporter must demonstrate. Depending on vehicle size and
weight other restrictions and financial responsibility
requirements may be imposed by the Federal or State Departments
of Transportation or other agencies.
2.	The financial responsibility required in this paragraph
may be established by:
a.	Evidence of liability insurance, either on a claim made
or an occurrence basis, with or without a deductible (with the
deductible, if any, to be on a per occurrence or per accident
basis and not to exceed ten percent of the equity of the
business), using DEP Form 62-701.900(12). An ACORD form will
only be accepted for renewal of a policy with the same carrier
; °r
b.	Evidence of self-insurance provided by the chief
financial officer of the company.
3.	States and the federal government are exempt from the
requirements of this paragraph.
(3)	An annual statement in conjunction with the annual
registration required under Rule 62-710.500, F.A.C., shall be
submitted to the Department which states that the training
program is still operating and is being adhered to and has been
annually reviewed and updated to address changes in regulations
which apply to the operation, and which provides an explanation
of any modifications to the training program.
(4)	The Department shall issue to each transporter
complying with the requirements of this section a certificate
which shall be valid for the current registration period.
(5)	Any certified used oil transporter is subject to having
its certification denied, suspended or revoked, pursuant to
Section 403.087, FS., and in accordance with the procedural
requirements of Section 120.60, FS., upon a finding by the
Department that such transporter:
(a)	Has submitted false or inaccurate information in its
application;
(b)	Has violated statutes which the Department is
authorized to enforce, Department orders, rules, or certification
conditions;
(c)	Has failed to submit reports or other information
required by Department rule or permit condition; or
(d)	Has refused to allow inspection of its records or
equipment by Department personnel or other persons when such
inspection is authorized by Department rule or permit condition.
Specific Authority 403.061, 403.704, 403.767, FS.
Law Implemented 403.767, FS.
History—New 1-17-90, Formerly 17-710.600, Amended 6-8-95, 12-
23-96, 3-25-97.
62-710.800	Permits for Used Oil Processing Facilities.
(1) This rule shall apply to any owner or operator of a
facility which processes used oil. The owner or operator shall
5

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comply with the requirements of this chapter including the
requirements of 40 CFR Part 279 Subpart F. Facilities operating
on December 23, 1996 may continue to operate under the terms of
their permits. No later than June 23, 1997, the owners or
operators of such facilities shall submit a complete application
which complies with the requirements of this chapter. Owners or
operators of facilities whose general permit expires prior to
June 23, 1997 shall submit a permit application that complies
with the requirements of this chapter at least 30 days prior to
the expiration date of that general permit, which application
shall be considered a request to renew the general permit in
accordance with Section 120.60, FS. Owners or operators of
facilities who submitted a permit application prior to December
23, 1996 but which application was either denied, deemed
incomplete, or which is still under review by the Department
shall submit a permit application, or amend the existing
application, to comply with the requirements of this chapter no
later than January 23, 1997. Facility information that was
submitted to the Department to support an expiring permit, and
which is still valid, does not need to be re-submitted for permit
renewal. The permit renewal application shall list and reaffirm
that the information is still valid.
(a)	Processing does not include the removal of used oil
from wastewater solely for the purpose of making the wastewater
or stormwater acceptable to meet discharge limits in other
permits. However, the used oil generated from such activity is
subject to this chapter if it does not exhibit any hazardous
characteristic. Material removed from an oil/water separator for
disposal or reclamation which exhibits a hazardous characteristic
and does not meet the definition of Petroleum Contact Water as
defined in Rule 62-740, F.A.C., remains subject to Chapter 62-
730, F.A.C.
(b)	Processing operations are not considered incidental to
transportation if the transporter:
1.	Stores used oil for longer than 35 days at a time;
2.	Receives used oil from other transporters;
3.	Has 25,000 gallons of used oil storage capacity and is
a marketer of used oil; or
4.	Blends used oil with on-specification used oil or with
virgin oil for the purposes of producing on-specification used
oil.
(c)	Permits shall not be required under this section for
generators who aggregate their own used oil with virgin oil or
on-specification used oil for purposes of burning on-
specif ication used oil fuel at the aggregation site, provided a
valid air permit authorizing such burning is in effect for the
facility.
(d)	Permits shall not be required under this section for
facilities which conduct processing operations incidental to
burning the used oil fuel on-site, provided a valid air permit
authorizing such burning is in effect for the facility and all of
the used oil fuel is burned on-site.
(2) An owner or operator of a used oil processing facility
shall operate, modify, or close such a facility only pursuant to
6

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a permit issued by the Department in accordance with this
chapter.
(3)	Aboveground storage and process tanks, having a
capacity greater than 550 gallons, and all integral piping shall
comply with the performance standards of Rule 62-762.500, F.A.C.,
for new tanks, Rule 62-762.510, F.A.C., for existing shop-
fabricated tanks, or Rule 62-762.520, F.A.C., for existing field
erected tanks. The required assessment for structural integrity
and tightness for process and storage tank integral piping shall
be completed by December 31, 1997. Repairs to aboveground
storage and process tanks shall meet the criteria of Rule 62-
762.700, F.A.C.
(4)	Underground storage and process tanks, having a
capacity greater than 110 gallons, and all integral piping shall
comply with the performance standards of Rule 62-761.500, F.A.C.,
for new tanks, or Rule 62-761.520, F.A.C., for existing tanks.
All underground storage and process tanks shall comply with the
General Release Detection Standards of Rules 62-761.600 and 62-
761.620, F.A.C., the Release Detection Standards for Integral
Piping of Rule 62-761.630, F.A.C., and the criteria for Repairs
to Storage Tank Systems of Rule 62-761.700, F.A.C.
(5)	The inspection records and release detection monitoring
required in Rule 62-762.600, F.A.C., for aboveground storage and
process tanks and integral piping and in Rule 62-761.600, F.A.C.
for underground storage and process tanks and integral piping
shall be maintained in each used oil processor's operating
record.
(6)	Before operating, closing or making any substantial
modification to a used oil processing facility, the owner or
operator shall submit to the Department the Used Oil Processing
Facility Permit Application, DEP Form 62-710.901. The engineering
aspects of the application must be certified by a Professional
Engineer.
(a)	Pursuant to Rules 62-4.050(6) and (7), F.A.C., a
substantial modification means a modification which is reasonably
expected to lead to substantially different environmental impacts
which require a detailed review. For purposes of this
subsection, an increase in storage capacity of the facility by
25% or 25,000 gallons, whichever is less, is considered a
substantial modification.
(b)	Pursuant to Rule 62-4.050(4)(q), F.A.C., a minor
modification means a modification that does not require
substantial technical evaluation by the Department, does not
require a new site inspection by the Department, and will not
lead to substantially different environmental impacts or will
lessen the impacts of the original permit. For purposes of this
subsection, replacement of existing tanks with new tanks is
considered a minor modification.
(c)	Changes at a facility which involve routine
maintenance, such as repair of equipment, replacement of
equipment with similar equipment, aesthetic changes, or minor
operational changes are not considered modifications, do not have
to be reported to the Department, and require no permit fee.
Facility operators are advised to contact the Department if they
7

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have questions as to whether a change would be considered routine
maintenance.
(7)	Notwithstanding the provisions of Rule 62-4.050,
F.A.C., the fee for a used oil processor permit application is
$2,000. The fee for a substantial modification to the permit or
permit renewal application is $500. No permit fee is required for
minor modifications. Applications for renewal of permits shall be
submitted to the Department at least 60 days prior to the
expiration date of the existing permit in accordance with Rule
62-4.090, F.A.C.
(8)	The Department shall, when requesting information for a
permit application or imposing specific conditions in a permit,
cite a specific rule or statute.
(9)(a)The	owner or operator of a used oil processing
facility shall have and submit to the Department as part of its
permit application a written closure plan to show how the
facility will be closed to meet the following requirements:
1.	There will be no need for further facility maintenance;
2.	Used oil will not contaminate surface or ground water;
3.	All tanks, piping, secondary containment and ancillary
equipment will be emptied, cleaned and decontaminated, and all
materials removed and managed; and
4.	Aboveground storage and process tanks and all integral
piping will be closed pursuant to Ruie 62-762, F.A.C., and
underground storage and process tanks and all integral piping
will be closed pursuant to Rule 62-761, F.A.C.
(b)	The closure plan shall be updated whenever significant
operational changes occur or design changes are made.
(c)	The closure plan shall be maintained with records
required under Rule 62-710.510, F.A.C.
(d)	The owner or operator shall submit an updated and
detailed closure plan to the Department at least 60 days prior to
the scheduled date of closing the facility.
(e)	Within 30 days after closing the facility, the owner or
operator shall submit a certification of closure completion to
the Department which demonstrates that the facility was closed in
substantial compliance with the detailed closure plan.
Specific Authority 403.704, 403.814, FS.
Law Implemented 403.814, 403.769, FS.
History—New 1-17-90, Formerly 17-710.800, Amended 6-8-95, 12-
23-96.
62-710.850 Management of Used Oil Filters.
(1)	Prohibition. No person who removes or manages used oil
filters shall dispose of such filters in a landfill or commingle
such filters with other solid waste for disposal in a landfill.
It is the responsibility of the generator to make reasonable
efforts to assure that such filters are not disposed of in a
landfill. This prohibition shall not apply to used oil filters
generated by individual households.
(2)	Definitions. As used in this section, the following
terms shall mean:
(a) "Used oil filter" means any device which is an integral
part of an oil flow system, the primary purpose of which is to
8

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remove contaminants from the flowing oil contained within the
system and which, as a result of use has become contaminated and
unsuitable for its original purpose, is removed from service and
contains entrapped used oil.
(b)	"Used oil filter processor" means a person who removes
oil from used oil filters to prepare them for recycling.
Generators of used oil filters who consolidate, drain or crush
used oil filters for off-site recycling are not used oil filter
processors providing the generator complies with the requirements
of subsection (3) of this section.
(c)	"Used oil filter transporter" means any person who
transports for hire used oil filters to a used oil filter
transfer or processing facility.
(d)	"Used oil filter transfer facility" means any facility
which is used to store, for more than 10 days, used oil filters
which were not generated at that facility. A person who stores
their own used oil filters generated at their own non-contiguous
operations on their own property is not considered a used oil
filter transfer facility provided the used oil filters are
processed by a registered used oil filter processor.
(3)	Generators. Each generator of used oil filters whose
solid waste is typically disposed of in a landfill shall either
register as a used oil filter processor or shall ensure that its
filters are processed by a registered used oil filter processor.
This does not include persons who recycle engine blocks on which
used oil filters remain.
(4)	Registration. The following persons shall register
with the Department in accordance with the requirements of Rule
62-710.500(2), (3), (4) and (5), F.A.C.:
(a)	Used oil filter transporters;
(b)	Used oil filter transfer facilities;
(c)	Used oil filter processors; and
(d)	End users of used oil filters, including scrap metal
dealers, metal foundries and thermal processing units such as
cement kilns, who accept used oil filters from a person who is
not a registered used oil filter processor. An end user shall
not be required to comply with the provisions of this section
with respect to used oil filters that have been obtained from a
registered used oil filter processor.
(5)	Used oil filter processors.
(a)	Each registered used oil filter processor shall
maintain records on Form 62-710.900(2) or on substantially
equivalent forms which contain at least the same information as
the Department form. These records shall include the destination
or end use of the processed used oil filters, including the name
and street address of each destination or end user.
(b)	The records required by this subsection shall be
retained for a period of three years. The records shall be kept
at the street address of the registered person and shall be
available for inspection by the Department during normal business
hours.
(c)	No later than March 1 of each year, each registered
used oil filter processor shall submit an annual report for the
preceding calendar year to the Department on Form 62-710.900(3).
9

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This report shall summarize the records kept pursuant to
paragraph (a) of this subsection.
(6) General requirements for ths storage of used oil
filters.
(a)	All persons storing used oil filters shall store used
oil filters in above ground containers which are clearly labeled
"Used Oil Filters," and which are in good condition (no severe
rusting, apparent structural defects or deterioration) with no
visible oil leakage. The containers shall be sealed or otherwise
protected from weather and stored on an oil-impermeable surface.
(b)	Upon detection of a release of oil from any used oil
filter container the facility owner or operator shall:
1.	Stop the release;
2.	Contain the released oil;
3.	Clean up and manage properly the released oil and any
subsequent oily waste; and
4.	Repair or replace any leaking used oil filter storage
containers prior to returning them to service.
Specific Authority 403.071, 403.704, FS.
Law Implemented 403.751, 403.754, 403.769, FS.
History—New 6-8-95, Amended 12-23-96.
62-710.901 Used Oil Processing Permit Applioaton and
Instructions, Effective December 23, 1996.This application form
and instructions used by the
Department is incorporated by reference in this section. The rule
number is also the form number. Copies of this form may be
obtained by writing to the Used Oil Management Coordinator,
Bureau of Solid and Hazardous Waste, Division of Waste
Management, Department of Environmental Protection, 2600 Blair
Stone Road, Tallahassee, Florida, 32399-2400.
Specific Authority 120.53(1), 403.061, FS.
Law Implemented 403.754, 403.769, FS.
History—New 12-23-96.
10

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Florida administrative Code
Chapter 62-701, Solid Waste Management Facilities
Selected Passages Relevant to the Management of Used Oil
5/14/97
62-701.100
62-701.200
62-701.300
62-701.900
Intent
Definitions.
Prohibitions.
Forms.
62-701.100 Intent The intent of Chapters 62-701 through 62-722, F.A.C., is to establish
standards for the construction, operation, and closure of solid waste management facilities to minimize
their threat to public health and the environment; ...to establish a comprehensive program for the proper
management and recycling of used oil; ...and to implement the provisions of the Florida Solid Waste
Management Act, Sections 403.701-403.7199 and 403.75-403.769, Florida Statutes.
Specific Authority 403.061, 403.704 FS.
Laws Implemented 403.021, 403.061, 403.087, 403.701 through 403.7199 and 403.75-403.769, FS.
History - New 1-6-93, Formerly 62-701.100, Amended 12-23-96.
62-701.200 Definitions. The following words, phrases or terms as used in Chapters 62-701
through 62-722, F.A.C., unless the context indicates otherwise, shall have the following meaning:
(76) "Oily wastes" means those materials which are mixed with used oil and have become separated
from that used oil. Oily wastes also means materials, including wastewaters, centrifuge solids, filter
residues or sludges, bottom sediments, tank bottoms, and soibents which have come into contact with, and
have been contaminated by, used oil and may be appropriately tested and discarded in a manner which is
in compliance with other state and local requirements.
(87) "Processing" means any technique designed to change the physical, chemical, or biological
character or composition of any solid waste so as to render it safe for transport, amenable to recovery,
storage or recycling; safe for disposal; or reduced in volume or concentration. As regards used oil, the
term means chemical or physical operations designed to produce from used oil, or to make used oil more
amenable for production of, fuel oils, lubricants, or other used oil-derived products. Processing includes
blending used oil with virgin petroleum products, blending used oils to meet the fuel specifications,
filtration, simple distillation, chemical or physical separation and rerefining.
(117) "Used oil" means any oil which has been refined from crude oil or synthetic oil and, as a result
of use, storage, or handling, has become contaminated and unsuitable for its original purpose due to the
presence of physical or chemical impurities or loss of original properties.
All other definitions found in Chapter 403, F.S., and Chapters 62-702 through 62-722, F.A.C., to the
extent that they are consistent with the definitions of this chapter, are applicable to the terms used in this
chapter.
Specific Authority 403.704, FS.
Law Implemented 403.701 through 403.7199 and 403.75-403.769, FS.
History - Transferred from 10D-12.02, 10-1-74; Revised 7-20-76; Amended 5-24-79, 6-13-84, 4-25-85,
7-1-85; Previously numbered as 62-7.02; Amended 12-10-85; Formerly 62-7.020; Amended 8-2-89, 6-25-
90; Formerly 62-701.020; Amended 1-6-93,1-2-94, 5-19-94, Formerly 62-701.200, Amended 12-23-96,
4-23-97.

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62-701.300 Prohibitions.
(8) Special wastes for landfills. No person who knows or who should know of the nature of such
solid waste shall dispose of the following wastes in any landfill:
(b) Used oil, except as provided in Chapter 62-710, F.A.C.;
(ll)(a) Except as provided in paragraph (b) of this subsection, no person may mix or commingle used oil
with solid waste that is to be disposed of in landfills or directly dispose of used oil in landfills. Oily
wastes may be disposed of in landfills unless prohibited in other department rules.
(b) The Department shall allow disposal of used oil commingled with solid waste if it
determines that it is not practicable to separate the used oil from the solid waste, and if such disposal will
pose no significant threat to public health or the environment
Specific Authority 403.704, FS.
Law Implemented 403.704, 403.707,403.708, FS.
History - Transferred from 10D-12.06, 10D-12.07,10-1-74; Amended 5-24-79, 5-27-82; Previously
Numbered as 17-7.04; Amended 12-10-85; Formerly 17-7.040; Amended 6-25-90; Formerly 17-701.040;
Amended 1-6-93,1-2-94, 5-19-94, Formerly 17-701.300, Amended 12-23-96, 4-23-97.
62-701.900 Forms. The forms used by the Department in the solid waste management program are
adopted and incorporated by reference in this section. The form is listed by rule number, which is also the
form number, and with the subject, title and effective date. Copies of forms may be obtained from a local
District Office or by writing to the Florida Department of Environmental Protection, DEP Library, 2600
Blair Stone Road, Tallahassee, Florida 32399-2400.
(12)	Application for Registration Used Oil and Used Oil Filter Handlers, effective 12-23-96.
(13)	Used Oil and Used Oil Filter Record Keeping Form, effective 12-23-96.
(14)	Annual Report by Used Oil and Used Oil Filter Handlers effective 12-23-96.
(15)	Certificate of Liability Insurance Used Oil Handlers, effective 12-23-96..
(17) Public Used Oil Collection Center Notification and Annual Report, effective 12-23-96.
Specific Authority 403.704, FS.
Law Implemented 403.707, FS.
History — New 8-2-89; Amended 1-6-93, 5-19-94, Formerly 62-701.900, Amended 12-23-96, 4-23-97.

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Florida Satutes, Chapter 403, Environmental Control
Selected passages Relevant to the Management of Used Oil
5/14/97
403.121 Enforcement; procedure; remedies. —
The Department shall have the following judicial and administrative remedies available to it for violations
of this chapter, as specified in s. 403.161(1).
(1)	Judicial remedies:
(a)	The Department may institute a civil action in a court of competent jurisdiction to establish liability
and to recover damages for any injury to the air, waters, or property, including animal, plant, and aquatic
life, of the State caused by any violation.
(b)	The Department may institute a civil action in a court of competent jurisdiction to impose and to
recover a civil penalty for each violation in an amount of not more than $10,000 per offense. However, the
court may receive evidence in mitigation. Each day during any portion of which such violation occurs
constitutes a separate offense.
(c)	It shall not be a defense to, or ground for dismissal of, these judicial remedies for damages and civil
penalties that the Department has failed to exhaust its administrative remedies, has failed to serve a notice
of violation, or has failed to hold an administrative hearing prior to the institution of a civil action.
(2)	Administrative remedies:
(a)	The Department may institute an administrative proceeding to establish liability and to recover
damages for any injury to the air, waters, or property, including animal, plant, or aquatic life, of the State
caused by any violation. The Department may order that the violator pay a specified sum as damages to
the State. Judgment for the amount of damages determined by the Department may be entered in any court
having jurisdiction thereof and may be enforced as any other judgment.
(b)	If the Department has reason to believe a violation has occurred, it may institute an administrative
proceeding to order the prevention, abatement, or control of the conditions creating the violation or other
appropriate corrective action.
(c)	An administrative proceeding shall be instituted by the Department's serving of a written notice of
violation upon the alleged violator by certified mail. The notice shall specify the provision of the law, rule,
regulation, permit, certification, or order of the Department alleged to be violated and the facts alleged to
constitute a violation thereof. An order for corrective action may be included with the notice. However, no
order shall become effective until after service and an administrative hearing, if requested within 20 days
after service. Failure to request an administrative hearing within this time period shall constitute a waiver
thereof.
(d)	Nothing herein shall be construed as preventing any other legal or administrative action in accordance
with law.
(3)
(a) In addition to any judicial or administrative remedy authorized by this part, the Department may
assess a noncompliance fee for failure of any owner or operator of a domestic wastewater treatment facility
to comply with a permit condition that requires the submittal of monthly operating reports or the reporting
of the characteristics of the waste stream or the effects of the facility on surface or ground water. For the
first and second violations of the reporting requirements, the fee shall not be assessed until the
Department has given the owner or operator at least 30 days to comply with the reporting requirement.
The time shall not begin until the Department has given the owner or operator written notice of the facts
alleged to constitute the reporting violation, the specific provision of law, rule, or order alleged to have
been violated by the owner or operator, the corrective action needed to bring the facility into compliance,
and the potential penalties that may be imposed as a result of the owner's or operator's failure to comply
with the notice. For subsequent violations, the Department does not have to provide 30 days' written
notice of the violations prior to assessing a noncompliance fee, except as follows: 1. If any additional
reporting violations occur prior to the expiration of either of the 30-day notices issued by the Department,
the Department must provide the owner or operator with 30 days' written notice to correct these violations
as well. 2. Upon the renewal of the permit, the Department shall reinstate the 30-day notice requirements
provided in this subsection prior to assessing a noncompliance fee during the new permit period.
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(b)	At the time of assessment of a noncompliance fee, the Department shall give the owner or operator
written notice setting forth the amount assessed, the specific provision of law, rule, or order alleged to be
violated, the facts alleged to constitute the violation, the corrective action needed to bring the party into
compliance, and the rights available under chapter 120 to challenge the assessment. The assessment shall
be final and effective unless an administrative proceeding is requested within 20 days after receipt of the
written notice, and shall be enforceable pursuant to s. 120.69. Once the assessment has become final and
effective, the Department may refuse to issue, modify, transfer, or renew a permit to the facility until the
fee has been paid.
(c)	Before assessing a noncompliance fee, the Department shall adopt rules to implement the provisions of
this subsection. The rules shall establish specific procedures and assessment amounts for noncompliance
fees authorized by paragraph (a). Noncompliance fees shall be set on a sliding scale based upon the type of
violation, the degree of noncompliance, and the potential for harm. Such rules shall also authorize the
application of adjustment factors subsequent to the initial assessment to increase or decrease the total
amount assessed, such as the good faith efforts or the lack of good faith efforts of the owner or operator to
comply with the reporting requirement, the lack of or degree of willfulness or negligence on the part of the
owner or operator, the economic benefits associated with the owner's or operator's failure to comply, the
owner's or operator's previous histoiy of reporting violations, and the owner's or operator's ability to pay
the noncompliance fee. No noncompliance fee shall exceed $250, and total noncompliance fees assessed
shall not exceed $1,000 per assessment for all reporting violations attributable to a specific facility during
any one month. No noncompliance fee may be assessed unless the Department has, within 90 days of the
reporting violation, provided the owner or operator written notice of the violation.
(d)	The Department's assessment of a noncompliance fee shall be in lieu of any civil action which may be
instituted by the Department in a court of competent jurisdiction to impose and recover civil penalties for
any violation that resulted in the fee assessment, unless the Department initiates a civil action for
nonpayment of a fee properly assessed pursuant to this subsection.
(e)	Fees collected pursuant to this subsection shall be deposited in the Ecosystem Management and
Restoration Trust Fund. The Department may use a portion of the fund to contract for services to help in
the collection of the fees assessed pursuant to this subsection.
Histoiy: s. 13, ch. 67-436; ss. 26, 35, ch. 69-106; s. 1, ch. 70-114; s. 1, ch. 70-139; s. 349; ch. 71-136; s.
112, ch. 71-355; s. 1, ch. 72-286; s. 138, ch. 77-104; s. 1, ch. 77-117; s. 14, ch. 78-95; s. 263, ch. 81-259;
s. 3, ch. 90-82; s. 61, ch. 96-321.
403.141 Civil liability; joint and several liability. —
(1)	Whoever commits a violation specified in s. 403.161(1) is liable to the State for any damage caused to
the air, waters, or property, including animal, plant, or aquatic life, of the State and for reasonable costs
and expenses of the State in tracing the source of the discharge, in controlling and abating the source and
the pollutants, and in restoring the air, waters, and property, including animal, plant, and aquatic life, of
the state to their former condition, and furthermore is subject to the judicial imposition of a civil penalty
for each offense in an amount of not more than $10,000 per offense. However, the court may receive
evidence in mitigation. Each day during any portion of which such violation occurs constitutes a separate
offense. Nothing herein shall give the Department the right to bring an action on behalf of any private
person.
(2)	Whenever two or more persons pollute the air or waters of the State in violation of this chapter or any
rule, regulation, or order of the Department so that the damage is indivisible, each violator shall be jointly
and severally liable for such damage and for the reasonable cost and expenses of the State incurred in
tracing the source of discharge, in controlling and abating the source and the pollutants, and in restoring
the air, waters, and property, including the animal, plant, and aquatic life of the State, to their former
condition. However, if said damage is divisible and may be attributed to a particular violator or violators,
each violator is liable only for that damage attributable to his violation.
(3)	In assessing damage for fish killed, the value of the fish is to be determined in accordance with a
table of values for individual categories of fish which shall be promulgated by the Department. At the time
the table is adopted, the Department shall utilize tables of values established by the Department of
2

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Environmental Protection and the Game and Fresh Water Fish Commission. The total number of fish
killed may be estimated by standard practices used in estimating fish population.
(4) The damage provisions of this section shall not apply to damage resulting from the application of
federally approved or state-approved chemicals to the waters in the State for the control of insects, aquatic
weeds, or algae, provided the application of such chemicals is done in accordance with a program
approved pursuant to s. 403.088(1) and provided said application is not done negligently.
History: s. 15, ch. 67-436; ss. 26, 35, ch. 69-106; s. 1, ch. 70-141; s. 1, ch. 71-204; s. 3, ch. 72-286; s. 7,
ch. 74-133; s. 1, ch. 76-112; s. 3, ch. 78-98; s. 370, ch. 94-356.
403.161 Prohibitions, violation, penalty, intent —
(1)	It shall be a violation of this chapter, and it shall be prohibited for any person:
(a)	To cause pollution, except as otherwise provided in this chapter, so as to harm or injure human health
or welfare, animal, plant, or aquatic life or property.
(b)	To fail to obtain any permit required by this chapter or by rule or regulation, or to violate or fail to
comply with any rule, regulation, order, permit, or certification adopted or issued by the Department
pursuant to its lawful authority.
(c)	To knowingly make any false statement, representation, or certification in any application, record,
report, plan, or other document filed or required to be maintained under this chapter, or to falsify, tamper
with, or knowingly render inaccurate any monitoring device or method required to be maintained under
this chapter or by any permit, rule, regulation, or order issued under this chapter.
(d)	For any person who owns or operates a facility to fail to report to the representative of the Department,
as established by Department rule, within one working day of discovery of a release of hazardous
substances from the facility if the owner or operator is required to report the release to the United States
Environmental Protection Agency in accordance with 42 U.S.C. s. 9603.
(2)	Whoever commits a violation specified in subsection (1) is liable to the State for any damage caused
and for civil penalties as provided in s. 403.141.
(3)	Any person who willfully commits a violation specified in paragraph (l)(a) is guilty of a felony of the
third degree punishable as provided in ss. 775.082(3)(d) and 775.083(l)(g) by a fine of not more than
$50,000 or by imprisonment for 5 years, or by both, for each offense. Each day during any portion of
which such violation occurs constitutes a separate offense.
(4)	Any person who commits a violation specified in paragraph (l)(a) due to reckless indifference or gross
careless disregard is guilty of a misdemeanor of the second degree, punishable as provided in ss.
775.082(4)(b) and 775.083(l)(g) by a fine of not more than $5,000 or by 60 days in jail, or by both, for
each offense.
(5)	Any person who willfully commits a violation specified in paragraph (l)(b) or paragraph (l)(c) is
guilty of a misdemeanor of the first degree punishable as provided in ss. 775.082(4)(a) and 775.083(l)(g)
by a fine of not more than $10,000 or by 6 months in jail, or by both for each offense.
(6)	It is the legislative intent that the civil penalties and criminal fines imposed by the court be of such
amount as to ensure immediate and continued compliance with this section.
History: s. 17, ch. 67-436; ss. 26, 35, ch. 69-106; s. 1, ch. 70-356; s. 1, ch. 70-439; s. 4, ch. 72-286; s. 8,
ch. 74-133; s. 139, ch. 77-104; s. 1, ch. 77-174; s. 21, ch. 88-393; s. 2, ch. 89-143; s. 8, ch. 89-324.
403.708 Prohibition; penalty. —
(1) No person shall:
(a)	Place or deposit any solid waste in or on the land or waters located within the State except in a manner
approved by the Department and consistent with applicable approved programs of counties or
municipalities. However, nothing in this act shall be construed to prohibit the disposal of solid waste
without a permit as provided in s. 403.707(2).
(b)	Burn solid waste except in a manner prescribed by the Department and consistent with applicable
approved programs of counties or municipalities.
(c)	Construct, alter, modify, or operate a solid waste management facility or site without first having
obtained from the Department any permit required by s. 403.707.
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(14) In accordance with the following schedule, no person who knows or who should know of the nature
of such solid waste shall dispose of such solid waste in landfills:
(b) Used oil, after October 1,1988
Prior to the effective dates specified in paragraphs (a)-(d), the Department shall identify and assist in
developing alternative disposal, processing, or recycling options for the solid wastes identified in
paragraphs (a)-(d).
History: s. 1, ch. 74-342; s. 15, ch. 88-130; s. 18, ch. 93-207; s. 54, ch. 94-218; s. 398, ch. 94-356; s. 6,
ch. 96-284.
403.751 Prohibited actions; used oiL —
(1)
(a)	No person may collect, transport, store, recycle, use, or dispose of used oil in any manner which
endangers the public health or welfare.
(b)	No person may discharge used oil into sewers, drainage systems, septic tanks, surface or ground
waters, watercourses, or marine waters.
(c)	No person may mix or commingle used oil with solid waste that is to be disposed of in landfills or
directly dispose of used oil in landfills in Florida unless approved by the Department.
(d)	Any person who unknowingly disposes into a landfill any used oil which has not been properly
segregated or separated from other solid wastes by the generator is not guilty of a violation under this act.
(e)	No person may mix or commingle used oil with hazardous substances that make it unsuitable for
recycling or beneficial use.
(2)	Used oil shall not be used for road oiling, dust control, weed abatement, or other similar uses that
have the potential to release used oil into the environment
History: s. 58, ch. 84-338; s. 26, ch. 88-130.
403.754 Registration of persons transporting, processing, burning, or marketing used oil; fees;
reports and records. —
(1)	The following persons shall register annually with the Department pursuant to rules of the
Department on forms prescribed by it:
(a)	Used oil transporters and transfer facilities. However, no registration will be issued by the Department
unless the requirements of s. 403.767 are met
(b)	Used oil processors and rerefiners. However, no registration will be issued by the Department unless
the requirements of s. 403.769 are met
(c)	Used oil burners.
(d)	Used oil fuel marketers.
(2)	An electric utility the operations of which generate used oil and which used oil is then reclaimed,
recycled, or rerefined by the electric utility for use in its operations is not required to register or report
pursuant to this section, but may be subject to other applicable federal or state rules pertaining to used oil
processors and rerefiners.
(3)	An onsite burner which only burns a specification used oil generated by such burner is not required to
register or report pursuant to this section, provided that such burning is done in compliance with any air
permits issued by the Department, but may be subject to other applicable federal or state rules pertaining
to used oil processors and rerefiners.
(4)	The Department may prescribe a fee for the registration required by this section in an amount which is
sufficient to cover the cost of processing applications.
(5)	The Department shall require each registered person to submit, no later than March 1 of each year, a
report which specifies the type and quantity of used oil transported, recycled, burned, or processed during
the preceding calendar year.
(6)	Each registered person who transports, processes, burns, or recycles used oil shall maintain records
which identify at least:
(a)	The source of the materials transported or recycled;
(b)	The quantity of materials received;
(c)	The date of receipt; and
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(d) The destination or end use of the materials.
(7) The Department shall perform technical studies to sample used oil at facilities of representative used
oil transporters and at representative processing facilities to determine the incidence of contamination of
used oil with hazardous, toxic, or other harmful substances.
History: s. 60, ch. 84-338; s. 28, ch. 88-130; s. 48, ch. 93-207.
403.7545 Regulation of used oil as hazardous waste. —
Nothing in ss. 403.75-403.769 and s. 526.01, as amended by chapter 84-338, Laws of Florida, shall
prohibit the Department from regulating used oil in a manner consistent with the United States
Environmental Protection Agency, or as a hazardous waste in a manner consistent with s. 241 of the
Hazardous and Solid Waste Amendments of 1984, Pub. L. No. 98-616.
History: s. 42, ch. 86-186; s. 29, ch. 88-130; s. 49, ch. 93-207.
403.767 Certification of used oil transporters. —
(1)	Any person who transports over public highways after January 1, 1990, more than 500 gallons
annually of used oil must be a certified transporter. This subsection does not apply to:
fa) Local governments or private solid waste haulers under contract to a local government that transport
used oil collected from households to a public used oil collection center.
(b) Persons who transport less than 55 gallons of used oil at one time that is stored in tightly closed
containers which are secured in a totally enclosed section of the transport vehicle.
fc) Persons who transport their own used oil, which is generated at their own noncontiguous facilities, to
their own central collection facility for storage for processing. However, such persons shall provide the
same proof of liability insurance or other means of financial responsibility for liability which may be
incurred in the transport of used oil as that provided by certified transporters under subsection (3). *
(2)	The Department shall develop a certification program for transporters of used oil and shall issue, deny,
or revoke certifications authorizing the holder to transport used oil. Certification requirements shall help
assure that a used oil transporter is familiar with appropriate rules and used oil management procedures.
(3)	The Department shall adopt rules governing certification, which shall include requirements for the
following:
(a)	Registration and annual reporting pursuant to s. 403.754.
(b)	Evidence of familiarity with applicable state laws and rules governing used oil transportation.
(c)	Proof of liability insurance or other means of financial responsibility for any liability which may be
incurred in the transport of used oil.
History: s. 36, ch. 88-130.
* This section was amended during the 1997 Legislative session.
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EPA/DEP/Industry Workshop
Legislative Update
1997 Session
August 12-14,1997
Clearwater Beach, Florida

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May 20.1997
1997 Enrolled Bill Summaries
~The Department tracked 367 bills this session. The following are bills that passed both
houses of the Legislature that the Department tracked as "Important."
**These summaries are taken from DEP staff analyses and House of Representative End of
Session Summaries.
BILL#:	SB 788-BecameLaw	Ck. ^7 ~ 2^5
RELATING TO: Tri-state Water Compact (DEP Bill)
SUMMARY:	Provides for ratification of an interstate compact relating to the
Apalachicola-Chattahoochee-Flint (ACF) River System, developed by Florida, Alabama
and Georgia to establish a basinwide commission with responsibility to develop a water
allocation formula for the ACF System. The Northwest Florida Water Management
District and DEP have been involved in years of negotiation and work on a comprehensive
water resources study, which serves as the basis for the compact. This should go far
toward ensuring that the amount, quality and timing of water flow into the Apalachicola
River and Bay are sufficient to protect these valuable resources.
BILL#:	HB 491 Enrolled	CK. <77 -U>S
RELATING TO: Citizen Support Organizations (DEP Bill)
SUMMARY:	This bill expands the sales tax exemptions provided in s. 212.08, F.S.,
1996 supplement, to include those citizen support organizations that support state-funded
environmental programs or the management of state-owned lands in accordance with s.
370.0205, F.S. The bill also allows the state to provide funds to match private contributions
to enhance the use and potential of state property, environmental programs, and department
funded projects.
BILL#:	HB 1119Enrolled	a*} -/6>4
RELATING TO: Land sales and acquisitions
COMPANION: SB 1262
SUMMARY:	-Stresses the importance of good stewardship of public lands, and
that multiple-use management strategies, where appropriate, focus on providing public
access, resource protection, ecosystem maintenance, and public-private partnerships.
-Directs DEP and the WMDs to create "land management review teams" to audit whether
properties are being managed according to their plans, and to determine the management
funding needs of those lands. These teams shall include local citizens, soil and water
conservation districts, and environmental advocates, as well as agency staff.
¦Jnitiates a process to close out the Preservation 2000 (P2000) program. DEP and the
WMDs are directed to complete by October 1,1997, studies that pinpoint which lands on
their acquisition lists are necessary to acquire in order to either protect endangered species,
complete a project so that it can be adequately managed, or link parcels for wildlife
corridors or multi-use greenways.

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-Provides that beginning FY 1998-1999, agencies with more than one-third of their land-
management plans overdue shall not receive their acquisition funds,
-Gives the legislature the discretion to increase by 50 percent the CARL management
funding available to the agencies.
-Specifies that all revenues generated by a land-managing agency through multiple-use
management shall be retained by that agency for land management purposes.
-Merges the Land Management Advisory Council and the Land Acquisition Advisory
Council, which should help ease the transition after the conclusion of the P2000 program
from a focus on land acquisition to an emphasis on properly managing public lands.
-Specifies that it is in the public interest to acquire lands even if they do include acreage
once used as cattle-dipping vats. The state and other political subdivisions would not be
held liable under state law solely because they acquired the cattle-dipping vat land.
-Relaxes one of the eligibility requirements for payment in lieu of taxes for small counties,
making eligible an additional six counties for payment in lieu taxes, if DEP or the WMDs
have acquired lands with P2000 funds within their boundaries.
-Establishes authority for counties over 500,000 to create, by local option, green utilities to
collect revenues for exotic-plant control.
-Clarifies that any existing lease, license or easement for an incidental public or private use
on lands acquired through the P2000 program is deemed not to be incompatible with the
purposes for which the properties were acquired.
-(DEP Bill) Defines commercial fishing nets; clarifies that the Marine Fisheries
Commission has the authority to adopt rules to implement the 1994 constitutional net ban;
creates a 3-year pilot program relating to the experimentation of large nets (most likely
extended with tarpaulin); specifies the type of documentation that Florida fishermen who
catch mullet with gill nets in Alabama waters must keep so as not to be accused of illegally
harvesting mullet in Florida waters; and streamlines and clarifies weighing and reporting
requirements for seafood dealers who import and sell crawfish out of season.
-Fine-tunes DEP's existing ecosystem management program to shift further to a regulatory
approach that focuses on building partnerships and clarifies DEP's responsibilities to act as
lead agency in developing voluntary ecosystem management agreements that provide
streamlined and flexible permitting, without sacrificing environmental protection.
BILL#:	HB 1323 Enrolled	Ck. *}? -
RELATING TO: Drinking Water and Source Water Funding
SUMMARY:	Addresses the requirements in the 1996 amendments to the federal
Safe Drinking Water Act that Florida must meet in order to qualify for federal funds to
finance improvements to outdated or inadequate public drinking water systems, and
provide technical and other forms of assistance to eligible systems. Makes Florida eligible
to draw down substantial federal dollars over the next 5 years, possibly a 5-to-l or 6-to-l
match. Sets aside at least 15 percent of the funds available for loans to public water
systems that serve 10,000 or fewer people, and allocates up to 15 percent of the funds to
disadvantaged communities, to be more fully defined under rule. Transfers the licensure
program for water and domestic wastewater treatment plant operators from the Department
of Business and Professional Regulation to DEP. The bill also amends s. 403.860 to
authorize the department to assess administrative penalties for failure to comply with the
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requirements of the Florida Safe Drinking Water Act (SDWA), and creates new section
403.8615 which requires the establishment of a "capacity development" program t$ ensure
that new public water systems can meet the requirements of the SDWA. The bill changes
section 403.1835, F.S., the statute authoring the sewage treatment State Revolving Fund
(SRF) loan program (DEP Bill), to make grant money available to financially
disadvantaged small communities to assist with the construction of adequate sewer
facilities and to fund stormwater management facilities through the loan program. The
changes authorize "grant allocations" on new SRF loans to generate funds for grants to
disadvantaged small communities as defined in s. 403.1838, F.S. The legislation also
provides that, beginning in FY 1998-99,10% of the annual revenue received in the Sewage
Treatment Revolving Loan Fund shall be made available to fund stormwater management
systems under s. 403.1835. If an insufficient number of qualifying projects is received by
the DEP, the funds must be used for wastewater projects. HB 1323 also changes the date ^ • _
(retroactively) by which an annual air operation license fee due to the DEP must be	Lvio
received by changing the receipt date to a postmarking date. This bill is associated with	/ ^
HB 1271 which separately establishes a Drinking Water Revolving Loan Trust Fund, into	'¦)
which would be deposited various moneys to fund the activities identified in s. 403.8532.
BILL #:	HBs 715,1249,1321 & 1339 Enrolled	CU. 11 -10,0
RELATING TO: Water Resources - Minimum Flows and Levels
SUMMARY:	The bill is a comprehensive update of Florida's water law and
policy. It includes the following major provisions:
-Requires the WMDs to consider changes and structural alterations to wetlands, surface
waters and groundwater, and the effects such changes have had on a water resource when
establishing minimum flows and levels.
-States that no significant harm to our water resources or the ecology, caused by
withdrawals, shall be grandfathered-in because of the way we direct the WMDs to set
minimum flows and levels.
-Directs the WMDs to implement a recovery or prevention strategy if a water body falls
below, or is projected to fall below, its minimum flow or level. The recovery or prevention
strategy must include a timetable that will allow for development of additional water
supplies concurrent with any reductions in permitted withdrawals.
-Recognizes that for some surface water bodies, recovery to historical hydrology is not
practical, and gives the WMDs the discretion to not set minimum flow levels (MFLs) in
certain circumstances.
-Provides for staggered appointments of WMD governing board members. Provides for
more extensive review of WMD financial management and budgets. Directs that attorneys
employed by the WMDs must represent the legal interests or position of the governing
board.
-Directs the WMDs to initiate water resource development to ensure water is available for
•all existing and future reasonable-beneficial uses and the environment and creates stronger
-linkages aipong state, WMD and regional water planning.
-Requires water use permits to be issued for 20 years if there is sufficient information to
provide reasonable assurance that permit conditions will be met and allows the WMDs to
require a 5-year compliance report.
3

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-Extends eligibility for Water Quality Assurance Trust Fund dollars to people who want to
build or improve potable wells in areas delineated by DEP as having contaminated
groundwater.
-Reclassifies discharges from desalination or demineralization facilities from industrial
wastewater to drinking water byproduct, for certain size facilities, as long as certain water
quality standards were met. (This is expected to promote the use of such treatment
facilities.)
-Addresses a number of issues related to commercial fishing, including the creation of a
special activity license for sturgeon, establishment of a bait fish pilot program, and
implementation of the net ban (section 16, Article X, Florida Constitution) (DEP BILL).
% BILL #:	SBs 1306 & 1934 Enrolled ck.. 17 - xni
RELATING TO: Brownfields Redevelopment
COMPANION: HBs 1067 & 955
SUMMARY:	Creates the Brownfields Redevelopment Act authorizing local
governments to designate brownfield areas and establish advisory committees to improve
public participation. The department or an approved local pollution control program provides
regulatory oversight for the cleanup process through a brownfield site rehabilitation
agreement with the applicant. The DEP is specifically authorized and encouraged to
establish delegation agreements with local pollution control programs approved under s.
403.182, Florida Statutes, to administer the brownfields program locally. The bill requires
that Risk-Based Corrective Action (RBCA) be applied at brownfield sites and directs the
DEP to adopt a cleanup criteria rule by July 1,1998. Additionally, the bill provides
eligibility criteria and liability protection for certain brownfield program participants, with
reopener provisions under certain circumstances. The bill also provides liabilitv protection
for lenders whn meet certain criteria to encourage financing of real property transactions
involving brownfield site rehabilitation plans. The bill lists brownfield redevelopment
economic incentives that may be offered by the state and by local governments, and creates
the brownfield redevelopment bonus refund to be funded out of the existing Economic
Development Trust Fund. Contingent on the availability of funds for FY 1997-1998, the bill
establishes redevelopment grants to be awarded to the EPA-designated brownfield pilot m I.
projects in Florida. The bill requires the DEP to prepare a brownfields program annual
activity report to the Legislature. Lastly, the bill includes several provisions relating to the
Tanks Reimbursement and Cleanup Programs, (January 3, 1997 filing deadline; Comptroller
Audits; po due diligence if land acquired hy inheritance: no stacking in PLRIP; competitive
bid for 25 priority sites) license fpp. Headlines for operation permits for major sources of air
(^\ polhtfion, and certification of used oil transporters.
BILL#:	SB 1066 Enrolled	CA. 9f-n


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BILL #:	SB 1154 - Became Law
RELATING TO: Expedited Permitting
SUMMARY:	Reduces minimum job creation threshold for qualified projects.
When recommended by a local government, projects creating as few as 10 jobs may
undergo expedited review. Adds local government comprehensive plan amendment
approvals. If a project triggers the need for a local government comp plan amendment, its
approval, along with other necessary permit applications, will be reviewed expeditiously
by the permit action team. Projects reviewed under this process are exempt from the twice
a year limits on plan amendments. Encourages local government participation. At the
local government's option, allows any local government approvals required of the project
to be included in the review with decisions rendered within 90 days of a completed
application. This participation accommodated through the development and execution of a
special memorandum of agreement. Removes duplicative request for information. Calls
for the preparation of a single coordinated project description form and checklist with
agreement among reviewing agencies to remove duplication. Allows "Pay to Go" for
interstate concurrency, protects reviewed under this process are not subject to interstate
highway level of service standards for concurrency purposes. If a project triggers
significant traffic impacts, the applicant will be assessed a fair share of the costs for its
mitigation. Modifies DRI thresholds. Exempts certain projects from DRI review when
thresholds are at or below 100 percent of specified guidelines. Encourages the use of
existing DRI's. Substantial deviation thresholds are doubled, making it easier to modify
previously approved DRI's without triggering additional lengthy and costly reviews. This
added flexibility encourages the use of existing DRI's. Uses the summary hearing process.
Allows any challenges to agency final approvals for a project to be funneled into a single
forum with a decision rendered within 30 days. However, the final agency action authority
remains with the agency head or the Governor when more than one agency is involved.
Local governments may opt to participate in this summary process for challenges to their
local final approvals. Reviews the process for its efficiency and effectiveness. Requires
the Office of Program Performance and Government Accountability to review the process
and offer recommendations on how it can be made more efficient and effective, eliminating . ,,
barriers to its success.	rf- di'sp^h.
BILL#:	HB 1073Enrolled
RELATING TO: Heavy Minerals Mining	fM. AWi &o.
COMPANION: SB 584
SUMMARY:	The bill revises the threshold for Development of Regional Impact
(DRI) review for certain heavy minerals mines, specifies circumstances under which the
donation of money may be accepted for mitigation, provides for the role of Dade County and
DEP in processing permits in the Dade County Lake Belt, modifies the grandfathering status
jif certain minin£ activities, provides for use of the Nonmandatory Land Reclamation Trust ^ Rock-
Fund, expands the circumstances under which a life-of-the-mine permit may be issued, ,
modifie& the due date of certain air permit fees and restricts local pollution control programs. Mnj Ja ^
 I. _ ..



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BILL #:	SB 52 - Became Law	/ Q ^ /
RELATING TO: Asbestos Removal Programs	*
SUMMARY:	The bill exempts all schools, colleges, and residential dwellings
from the asbestos notification and inspection fee; requires the DEP to return 80% of said
fees to an approved local pollution control program which performed the inspection work
and requested the reimbursement; requires DEP to ensure that any fees returned to a county
must be used only for asbestos related program activities; requires that a county cannot
levy additional fees for asbestos related work it if accepts fees (for the same work) from the
state. If a county is collecting asbestos inspection and notification fees and opts not to
accept the state generated fees (for the same work), the state may elect to discontinue
collecting the said state fees. Reimbursement under the program is retroactive to July 1,
1994.
BILL #:	HB 57 - Became Law CM: 11' ^2-
RELATING TO: Aquatic plant control and exemptions for pier repair and maintenance
dredging of natural water bodies
COMPANION: SB 26,1094 and HB 785
SUMMARY:	Creates an exemption, under specific circumstances, from aquatic
plant control permitting requirements. Extends an exemption from environmental resource
permitting requirements for the installation and repair of government-owned piers and
recreational docking facilities, if the activities will not occur in manatee habitat and meet a
number of other criteria. A permit exemption also is granted, under certain circumstances,
for the replacement or repair of existing piers. Extends the exemption from environmental
resource permitting requirements to local governments for maintenance dredging of
previously dredged portions of natural water bodies within drainage rights of way or
recorded easements, under specific circumstances. Clarifies that removal of aquatic plants,
tussocks and associated organic matter, authorized under an aquatic plant control permit,
does no also require an environmental resource permit under certain circumstances.
Prohibits the Governor and Cabinet, sitting as the Board of Trustees of the Internal
Improvement Trust Fund, from charging a fee or otherwise regulating the removal of
detritus and severed materials from around intake of discharge structures pursuant to a
permit exemption.
BILL#:	HB 103 Enrolled	CA. T? - /£/
RELATING TO: Cruise Ship Admissions/Taxes
COMPANION: SB 234 and SB 456
SUMMARY:	The bill directs the department to look for (conduct a study on) an
additional dedicated revenue source to fund the beach management plan.
J}ITJ. #:	HB 107 - Became Law C-A. • ^ 7 2—3
RELATING TO: Sale of Biodegradable Products
COMPANION: SB 206
SUMMARY:	HB 107 repeals & 403.708(3);F.S. which provided that plastic ring
connectors used to connect containers shall be composed of material which is degradable
within 120 days. It also repeals s. 403.708(10)(b), F.S. which provided that any persons
6

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distributing, selling, or offering for sale any polystyrene foam or plastic-coated paper product
which was to be used in conjunction with food or human consumption must ensurS that such
products were composed of material which was degradable within 12 months or less,
provided that such products had been certified as safe by the federal Food and Drug
Administration and were made available in commercial quantities.
BILL #:	SB 292 Enrolled	Ch. 97
RELATING TO: Modifications to the state artificial reef program
COMPANION: HB 875
SUMMARY: Senate Bill 292, enrolled 04/29/97, expands the capability of a central state
artificial reef program to coordinate, track and regulate development of artificial reefs. It
defines the purpose of the program as to better manage fisheries resources associated with
artificial reefs for the public interest, sets standards to ensure long term stability and,
during major storm events, durability of reef materials placed in the ocean to provide
recreational fishing and other saltwater recreational opportunities in an environmentally
sound manner. An existing artificial reef competitive grants program, currently restricted
to local coastal governments, is expanded to include certain 501(c)(3) non-profit
organizations as eligible to receive grants for monitoring the biological, recreational, and
economic effectiveness of artificial reefs. The bill sets minimum eligibility requirements
for non-profit organizations to receive grants. SB 292 attempts to address the problem of
enforcement as related to illegal reef development. It prohibits placement of artificial reef
construction materials in state waters without proof of inspection and approval by the
department or department certified inspector, and prohibits material placement outside a
permitted site (already unlawful). Penalties for violations are defined.
BILL #:	HB 359 - Became Law	Ck. 
-------
BILL #:	SB 406 - Became Law Ck. ?7'33
RELATING TO: Pier fishing requiring saltwater fishing licenses
COMPANION: HB19
SUMMARY:	This bill modifies a Chapter 370 statute to delete the requirement
that a pier owner charge an access fee to fish from the pier in order to be able to hold a pier
license. The statutory changes would allow persons to fish from any licensed pier without
buying a non-resident fishing license. This bill would allow all pier owners, not just those
operating fishing piers for fee, the option of purchasing a $500 pier license. This would
result in non-residents being able to fish from any pier so licensed without buying a non-
resident license.
BILL #:	HB 501 - Became Law CA.
RELATING TO: The Department's involvement with Ch. 298 Water Control Districts.
COMPANION: SB 266
SUMMARY:	The bill proposes a major rewrite of Ch. 298, F.S., to modernize the
statute and make it reflect current water management circumstances. Proposed revisions
would remove most DEP responsibilities with regard to water control districts (WCDs), and
mandate that the WCDs develop comprehensive water management plans, called "water
control plans," that must be submitted to the "jurisdictional water management district(s)"
(defined in bill) for consistency determinations. The bill transfers authority to appoint WCD
board supervisors from the department to the Governor's Office, and clarifies the authorities
and responsibilities of WCD boards of supervisors.
BILL #:	HB 669 Became Law	Ck. 97
RELATING TO: Oil and Gas exploration and production regulations.
COMPANION: SB 550
SUMMARY:	This bill proposes to eliminate the option of joining the Minerals Trust
Fund as an option for an applicant who proposes to drill for oil or gas in waters of the state or
"under other particular circumstances that by their nature warrant greater surety." This bill
would allow the Governor and Cabinet to set the amount of surety required in these
circumstances.
BILL#:	SB 876 Enrolled	Ck. 77 'X7Z.
RELATING TO: Marine Turtle License Plate
SUMMARY:	This bill authorizes the sale of a Marine Turtle License Plate for an
annual use fee of $17.50 and provides that the funds generated be deposited in the Marine
Resources Conservation Trust Fund in the Department of Environmental Protection to be
used for marine turtle protection, research, and recovery efforts.' Funds in excess of $500,000
up to an amount not exceeding 30% of the total annual revenue shall be dispersed annually
Jhrough a marina turtle grants program to poastal local governments, educational institutions,
or Florida-based nonprofit organizations.
8

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BILL#:	HB 1641 Enrolled	Ck.°n~ 9<5S
RELATING TO: Comprehensive planning and coordinated agency review jn the
Florida Keys	.
COMPANION: SB 1486	C-H. 7 / Of
SUMMARY:	The bill replaces the requirement to adopt rules for coordinated
agency review in the Keys with a requirement to adopt an interagency agreement for
coordinated agency review in the Keys and makes certain technical changes relative to
authorities of the Department of Community Affairs.
BILL#:	SB2060Enrolled	C-k . °l 7 " 2-^ O
RELATING TO: Transportation Administration
SUMMARY:	Expands the list of projects that do not need to meet the economic
feasibility test by redefining the term "improvements" in ch. 338, F.S. The law is amended
to allow for advanced acquisition of right of way for turnpike projects, prior to the test of
economic feasibility being met. The list of approved turnpike projects is changed from the
26 listed in statute to the 26 listed in a report that was presented to the FTC in January.
The law reaffirms a list of projects that do not require environmental feasibility tests. It
also requires DOT to program funds such that the percentage of commitments in Dade,
Broward and Palm Beach are at least 90% of the share of net toll collections attributable to
users in those counties as compared to other users. Requires the Metropolitan Planning
Organization Advisory Council to adopt an agency strategic plan that provides that the
directions the agency will take to cany out its mission within the context of the state
comprehensive plan and any other statutory mandates and directions given to the agency.
The bill allows certain expressway authorities (home rule charter counties) to finance
intermodal facilities, multimodal corridors, bicycle facilities or greenways that will
improve transportation services within those counties.
Bills That Did Not Pass Out of the Legislature
That the Department Tracked as "Important"
HB 165	Lead Acid Battery Fee
HB 1377	Vehicle Emissions
HB 1491	Nonindigenous Saltwater Species (DEP Bill)
HB 1509	Scientific and Technical Information for Standing
SB 1064	Dry Cleaning
HB 1629	Science Advisory Board
HB 1647	Permits for Major Sources of Air Pollution	,	* .
HB 1719	"Ignorance is Bliss" U	A .«	* UJ. W ««,+• ^
HB 1889	Bert Harris Property Rights
SB 760	Boating Prop. Guards
SB 1340.	Vessel Registration/Decals/Fees (DEP Bill)
SB 1480	Self Audits
HB 879	Agency Accountability Act of 1997
HB 1273	Tax Limit on Machinery and Equipment
(/JuJtiJ.fcj ' s fait*€(* us/ houjsc'/mdi./'k'hnl	^ ( b'Its
<-1 X. ZV ,.<¦ /soiACl-i? f 3utr\ ma ri esf I rtde 
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WORLD WIDE WEB SITES FOR
FLORIDA LEGISLATIVE AND
GOVERNMENTAL INFORMATION
(Sample Web Pages Follow)
~	Online Sunshine - The Official Guide to the State of Florida
Legislature
http://www.leg.state.fl.us/
~	Legislative Summaries - Senate
http://www.leg.state.fl.us/senate/summary/index.html
~	Legislative Summaries - House
http://www.leg.state.fl.us/house/summaries/index.html
~	Senate Bill Texts and Search Engines
http://www.scri.fsu.edu/fla-leg/bills/senate-1997.html
~	House Bill Texts and Search Engines
http://www.scri.fsu.edu/fla-leg/bills/house-1997.html
~	Governor's Bill Action Report
http://fcn.state.fl.us/eog/govdocs/legislat/action97/page_1.html
~	General Laws of Florida (Department of State)
http://election.dos.state.fl.us/laws/index.htm
~	Florida Statutes & Constitution (Fla. Legislature)
http: //www. leg. state .f I. u s/statutes/i ndex. htm I
~	DEP Homepage
http://www.dep.state.fl.us/
~	Other Florida Government WWW Sites
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Online Sunshine - The Florida Legislature
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The Official Guide to the State of Florida Legislature
<< - House
SessionSumnwy
Bills <""" T'
' What's New in Online Sunshine
Overview of what is new in Online Sunshine
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Overview the legislative process, how bills become law, find out who represents you
jBr
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Online Sunshine - The Florida Legislature
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*	Lobbyist Information
Find out who is a registered lobbyist and the principal(s) represented
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P
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Senate
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Online Sunshine - The Florida Legislature
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Session Summary
Senate Session Summary report
6) Bill Text
Search for bills in the Senate by subject, review, download copies, check status, find
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Copyright 1996. State of Florida. All Rights Reserved.
http://www.leg.state.fl.us/
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1997 SESSION SUMMARY TABLE OF CONTENTS	Page 1 of 3
1997 SESSION SUMMARY
Major Legislation Passed
The 1997 Session Summary of Major Legislation Passed is a collection of
reports submitted by Senate Committees to the Secretary of the Senate. These
reports have been compiled and edited for standardization. This summary is
provided for information only and does not represent the opinion of any
Senator, Senate Officer or Senate Office.	
as Printed version requires Acrobat Reader
Table of Contents
Agriculture
•	Agriculture Issues
•	Citrus Issues
Banking and Insurance
•	Property Insurance
•	Health Insurance
•	Workers' Compensation
•	Insurance/General
•	B ankine/Comptroller
Children. Families and Seniors
•	Juveniles
•	TPR/Adoption
•	Mental Health/Substance Abuse
•	Welfare Reform
•	Aping
Commerce and Economic Opportunities
•	Economic Development Programs
•	Economic Development/Tax Issues
•	Business Regulation
Community Affairs
•	Affordable Housing
•	Local Government Finance
•	Veterans
•	Special Districts
•	Growth Management
http://www.leg.state.fl.us/senate/summary/index.html
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Session Summaries - Online Sunshine - The Flo.
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I Florida House of Representatives
Select a Council below for a session summary. These summaries briefly describe the
bills that passed in the House and provide the number of votes recorded for the bill's
passage. For more complete bill information see Online Sunshine's 1997 House bills
or 1997 Senate bills pages.
Government Services
Council
^ Academic Excellence
,w w -.vtfx
Council
Economic Impact Council
Justice Council
I Governmental

Responsibility Council
Committees:
Health Care Standards & Regulatory Reform
Health Care Services
Children & Family Empowerment
Long Term Care
Committees:
Education Innovation
Education/K12
Community Colleges & Career Prep
Colleges & Universities
Committees:
Business Development & International Trade
Transportation
Financial Services
Regulated Services
Tourism
Business Regulation & Consumer Affairs
Utilities & Communications
Committees:
Corrections
Crime & Punishment
Law Enforcement & Public Safety
Juvenile Justice
Civil Justice & Claims
Real Property & Probate
Family Law & Children
Committees:
Governmental Operations
Governmental Rules & Regulations
Environmental Protection
Water & Resource Management
Community Affairs
http://www.leg.state.fl.us/house/summaries/index.html
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Florida Legislature On-Line Sunshine
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Florida Legislature On-Line Sunshine
Senate Bills 1997
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•	Appropriations Bills
•	Search the 1997 Bills
Senate Bills 1996
•	BiUs
•	Senate Appropriations Bill 3000
•	1996 Conference Committee Report on Appropriations
•	Search the 1996 Bills
Senate Bills 1995
Bills
Conference Committee Report on Senate Bill 2800 (Appropriations 1995-1996^
Search the 1995 Bills
General Help
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Florida Legislature On-Line Sunshine
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Florida Legislature On-Line Sunshine
House Bills 1997
•	Bills
•	Appropriations Bills
•	Search the 1997 Bills
House Bills 1996
•	Bills
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•	Search the 1996 Bills
House Bills 1995
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•	Search the 1995 Bills
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GOVERNOR'S BILL ACTION REPORT page 1
Page 1 of2
PAGE 1
GOVERNOR'S BILL
ACTION REPORT
Summary of Measures Passed
by the 1997 Legislature
You may search this document using
the "FIND" feature of your browser
BELL NO. TITLE
Minority Teacher
Education Scholars
Unemployment
Compensation
Health
Insurance/Physician
Assistant
Motor Vehicle
Ins./School Transport
Victim & Witness
Protection Protocol
Insurance/Genetic
Testing
Asbestos Removal
Programs
Physicians/Limited
Licensure
Child Custody/Abuse
Environmental
Protection/Permits
SB 2
HB 3
HB 7
HB 9
HB 35
HB 37
SB 52
HB 53
HB 55
HB 57
HB 61
SB 68
SB 72
HB 81
SB 82
HB 83
HB 91
HB 95
RCVD DUE
19-May 3-June
22-Apr 29-Apr
1-Apr 8-Apr
8-May 23-May
30-Apr 15-May
14-May 29-May
22-Apr 29-Apr
1-Apr 8-Apr
14-May	29-May
15-Apr	22-Apr
Felony Battery Offenses 14-May 29-May
10-Apr 17-Apr
Mobile Home Park
Recreation District
School
Board/Single-member
Residence
Taxation/Motor &
Diesel Fuels
Real Estate
Transactions
Sexual Battery
Sentensing/MPA
Controlled Substances
8-May 23-May
30-Apr 15-May
29-Apr 14-May
14-May 29-May
13-Mar 20-Mar
Public Records/HSMV 14-May 29-May
ACTION
Signed
Without
Signature
Signed
Signed
Without
Signature
Without
Signature
Signed
Signed
Without
Signature
Without
Signature
Without
Signature
Without
Signature
Signed
Signed
Without
Signature
Signed
Without
Signature
DATE CHPTR
3-June 97-297
Signed 29-Apr 97-29
8-Apr 97-5
23-May 97-84
7-May	97-52
29-May 97-182
29-Apr 97-31
8-Apr	97-3
29-May 97-155
22-Apr	97-22
29-May 97-183
17-Apr 97-11
23-May	97-88
9-May	97-54
7-May 97-42
29-May 97-184
20-Mar 97-1
29-May 97-185
http://fcn.state.fl.us/eog/govdocs/legislat/action97/page_l.html
7/12/97

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1997 Florida General Laws
Page 1 of 1
Welcome to the 1997 General Laws of Florida on
the Web! This service is being offered by the
Department of State, Division of Elections in
cooperation with the Joint Legislative
Management Committee, Division of Statutory
Revision, as just one of our programs to increase
public access to Florida government.
This exciting new program takes advantage of the
opportunities offered by the Internet and World
Wide Web to make bills available as they are
received from the governor, filed, and assigned
chapter numbers by the Department of State.
Until now, the final laws (also known as
"pamphlet laws") were available only in paper
form. Now they can be downloaded for viewing
or printing at your site. Convenient cross
references show what chapter number was
assigned to a particular legislative bill and what
mini-titles ("nicknames") are associated with law
chapters. We believe you will appreciate the
convenience that this electronic access provides.
Download 1997 General Laws
Bill-to-Law Cross Reference
Mini-Title-to-Law Cross Reference
The 1997 general laws, also known as
"pamphlet laws", are available in Adobe
Acrobat PDF format for viewing or printing at
your site using the Adobe Acrobat Reader.
When you click on download 1997 general
laws, you will be presented with a list of
legislative resolutions, memorials and laws that
have been filed with the Department of State.
Files are named
Ch 97-n 1997 General Law # n
HCR n House Concurrent Resolution # n
HJR n House Joint Resolution # n
HM n House Memorial # n
SCR n Senate Concurrent Resolution # n
SJR n Senate Joint Resolution # n
SM n Senate Memorial # n
obtaining the Adobe Acrobat Reader
Sincerely,
Secretary of State
Department of State! [Division of Elections! fEmail Usl
http://election.dos.state.fl.us/laws/index.htm
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Florida Statutes and Constitution - Online S„
Page 1 of 1
This area provides electronic copies of the Florida Statutes and Constitution.
You may also search the statutes by keyword using our indexing system.
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publication.
Florida Constitution

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7/12/97

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EPA/DEP/Industry Workshop
Risk Assessment on RCRA Program
August 12 -14,1997
Clearwater Beach, Florida

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Memorandum
Florida Department of
Environmental Protection
DATE:
TO:
SUBJECT:
FROM:
District Directors
Waste Program Administrators
John M. Ruddell, Directo:
Division of Waste Management
January 19, 1996
Applicability of Soil Cleanup Goals for Florida
Background:
At the beginning of 1995 the Bureau of Waste Cleanup distributed
to you and your staff a list of soil cleanup goals to be used
when making cleanup decisions. These cleanup goals were derived
following, in general, EPA's methodology since that agency was
developing their own generic Site Screening Levels (SSLs) at the
same time. Subsequently, EPA's approach underwent widespread
review both within and outside the agency. As a result,
Florida's goals were redefined throughout 1995 to parallel EPA's
SSLs .
My September 29, 1995 memorandum listed the Florida Soil Cleanup
Goals developed by Dr. Stephen M. Roberts (UF toxicologist under
contract to FDEP). These goals are not identical to the EPA's
SSLs. Inasmuch as one can "fine tune" generic goals, ours are
tailored to Florida's typical soil characteristics, hydrogeology,
meteorological data, average source size and state groundwater
standards. The Florida Soil Cleanup Goals were also modified
from EPA's SSLs to include toxicity considerations that were not
available in IRIS, the Federal toxicity database.
The first several pages of the September 29, 1995 document
explain the appropriate and intended use of the document.
However, there have been some questions about it; therefore, I
would like to elaborate on the applicability of these goals:
The Soil Cleanup Goals are intended to be used only as "goals"
for cleanup decisions in corrective actions and should not be
used by the agency as rule, standards or to deny or approve
permits. The FDEP has found that most business/site owners do
not normally have the money or the expertise to establish
Site-specific Rehabilitation Levels (SRLs) as allowed by our
cleanup Consent Order conditions. The soil cleanup goals are
intended to be used for site screening purposes, for source
Purpose:
"Protect, Conserve and Manage Florida's Environment and Natural Resources"
Printed on recycled paper.

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MEMORANDUM
District Directors and
Waste Program Administrators
Page Two
January 19,1996
removal evaluations, and as guidance during evaluation of
remediation alternatives and design considerations for
development of the Remedial Action Plan (RAP) for a site. The
soil cleanup goals can and should be used for cleanup decisions
if the default assumptions fit the site-specific situation. For
your information, although the default parameters used to derive
these goals are conservative, they are not necessarily
representative of the worst case scenario. In- addition,
ecological receptors were not taken into consideration when these
cleanup goals were developed. A site-specific evaluation should
be conducted during the Contamination Assessment phase to
determine if protection of ecological receptors is needed at a
particular site and, if that is the case, whether the soil goals
based on human health are also protective of those ecological
receptors.
Please note that the risk assessment phase occurs after the
Contamination Assessment Report has been approved. The
responsible party can develop site-specific soil cleanup goals
utilizing site-specific parameters such as total organic carbon,
soil porosity, soil moisture content and dry bulk density in
combination with exposure assumptions acceptable to the
Department.
The evaluation process should take into consideration the
following criteria:
1)	the site-specific background levels,
2)	the Method Detection Limits (MDLs),
3)	the soil cleanup goals, and .
4)	the site contaminant levels.
The site contaminant levels (criterion 4) for each Chemical of
Concern (COC) should be compared to the highest value of the
first three criteria. If the site contaminant levels are below
the highest value, then no remediation is required for that
contaminant. If the site contaminant levels are higher than the
highest value, then remediation alternatives should be evaluated
taking into consideration the specific nature of the site and the
responsible party's ability to effectively manage the risk of a
particular site contaminant level. FDEP may consider site-
specific risk management alternatives that may further modify the
guidance levels for the contaminant. These health-based soil
goals are evaluated based on the nature and intended use of the
site (e.g., residential or industrial) and usually only apply to
the upper two feet of soil. If the contaminated soil can be
permanently covered with more than two feet of clean soil or
Printed on recycled paper.

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MEMORANDUM
District Directors and
Waste Program Administrators
Page Three
January 19,19 96
otherwise have the exposure pathways restricted, the site may not
need further remediation if the contaminated soil is not a source
of groundwater contamination.
The second use of the soil cleanup goals is to provide a guidance
level for the potential leachability of various soil
contaminants. The leachability level (last column on the right)
is intended to give you, site owners and consultants an
indication of the soil contaminant levels that may cause
groundwater contamination in excess of Florida's water quality
standards and minimum criteria. The goals are applicable if a
recent discharge has occurred (within the last year) or if indeed
there are monitoring data showing violation of groundwater
standards and minimum criteria. The leachability levels apply
throughout the soil profile, when applicable.
The soil values may be used for other purposes (other media) if
indeed the particular application fits the situation (e.g.,
sediments that upon dredging will be used as soil). Again, an
analysis of the specific situation must be performed (i.e.,
ascertain land use, exposure duration, leachability concerns,
background considerations, etc.).
From time to time, we will update the soil cleanup goals; as of
today, the following changes have occurred:
Arsenic;
Residential	Industrial	Leachability *
Old:	0.7 mg/Kg	3.1 mg/Kg	pass TCLP (mg/L)
New:	0.8 mg/Kg	3.7 mg/Kg	same as before
* In certain cases, soil may pass TCLP but still leach to
groundwater and cause groundwater violations. In these cases,
further evaluation will be needed to determine appropriate
leachability-based goals.
Please contact Ligia Mora-Applegate at Suncom 278-3935 if further
assistance is needed.
cc: Doug Jones
Bill Hinkley
Jim Crane
Satish Kastury
Printed on recycled paper.

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Memorandum
Florida Department of
Environmental Protection
TO:
FROM:
DATE:
SUBJECT:
District Directors
Waste Program Administrators
John M. Ruddell, Director_____
Division of Waste Manacement
sh.1—
September 29, 1995
Soil Cleanup Goals for Florida
Attached, please find the soil cleanup goals that should be used when making cleanup decisions
These cleanup goals were developed by Dr. Stephen M. Roberts (UF toxicologist under contract to
FDEP). The health-based cleanup goals (residential and industrial) are based on human toxicity using
generalized exposure assumptions and are applicable to the upper two feet of soil. If the industrial
scenario is warranted, the site should have a deed restriction for the more restrictive land use. If there is
ground water contamination above Florida standards and minimum criteria or if there was a recent
discharge, the leachabiiity-based cleanup goals should also be considered using the applicable direct
contact scenario (residential and industrial). The lowest of the two should be the final cleanup goal for
the upper two feet of soil. For soil below two feet, the leachability-based goal should be applied if the
parameters of concern are detected above the Florida criteria. In addition, until further noiice and where
appropriate, the metals should pass TCLP as an indication not only that the soil is not a hazardous waste,
but also that the soil will not act as a source of groundwater contamination.
If any of the levels is below site-specific background or the QA acceptable Method Detection
Limit (MDL), any of the latter two will suffice.
Site-specific soil characteristics such as porosity, carbon content, moisture content, and dry bulk
density are needed to refine acceptable soil concentrations based on site-specific parameters.
If you have any questions, please call Ligia Mora-Applegate at SC 278-3935,
JMR/lm-a
Attachment
cc: Doug Jones
Bill Hinkley
Jim Crane
Satish Kastury
"Protect, Conserve cr.a Manage Florida's Environment end Nature! Resources"

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Soil Cleanup Goals
i n^n'N'iCAL REVIEW SEC riQ;\'
Based on Direct Exposure and Migration to Groundwater
September 27, 1995
The appended Table 1 contains acceptable soil concentrations for over 200 chemicals
commonly found as contaminants at sites in Florida. Soil cleanup goal concentrations- based on
direct exposure have been calculated using exposure assumptions consistent with both residential
and commercial/industrial land use, and are presented in Table 1 For situations in which there is
evidence that soil may be serving as a source of contamination for groundwater, soil cleanup goal
concentrations for organic chemicals based on leaching from soil to groundwater are also provided
in this table
For evaluation of direct exposure to contaminants in soils, intake from incidental
ingestion, dermal contact, and inhalation is considered. Soil concentrations are calculated using
the following eauation:
Cs =
TRxBWxAT
EF x ED x FCx[A-rB~C]
When calculating soil concentrations based on potential carcinogenicity:
• the ingestion component, A = [SFr X IRo X 10-6 / 772,
the dermal component, B = [SFd x 5.4 x AF x DA x 10 kg / mi
and the inhalation component, C =
SF, x IR. x 	-r
V
1 1
VF PEF
When calculating soil concentrations based on Dotential non-cancer health effects'
• the ingestion component, A =
1 xIR Xl0^/c£? / /7ie

the dermal component, E =
RjDd
x SA x AF xDAx 10^ kg I mg
f
• anc the inhalation comDonent. C =
1
( I , 1 ^

— X IR X I — -r	
KRp,	{VF PEF J
The equation variables ana assumptions are summarized m Table 2. Fcr most chemicals m
Table 1, toxicity criteria (reference doses anc siooe factors) can be taken from IP-IS (Integrated
Risk Information System, USEPA). When toxicity criteria are unavailable from IP.IS. other
sources (e.g KEAST. EC AO, OPP. and the tcxicoiogical literature! were used. Intake from a!!

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routes should be assumed to contribute to toxic endpoints that are systemic in nature. For toxic
endpoints that are route-specific (e.g. carcinogenicity from inhalation of hexavalent chromium),
only the relevant intake pathway is included in the calculation of the soil cleanup goal. Dermal
toxicity criteria were derived using route-to-route extrapolation from available criteria for other
routes; for some chemicals, inhalation toxicity criteria can also be derived using this method. For
carcinogens, soil cleanup goal concentrations should be calculated for both carcinogenic and non-
carcinogenic health effects. Only the lower of the two value is shown in Table 1. These values are
intended to be applicable only to soil contamination within 2 feet of land surface.
For leaching of organic contaminants from soil to groundwater, the following equation
was used to calculate a soil cleanup goal:
Cs = Cw

(e. + B.ff1)'
Pi
The variables and assumed values are summarized below:
Variable
Definition
Assumed Value
Cw
target soil leachate concentration (mg/L)
chemical-specific
Kd
soil-water partition coefficient (cm^/g)
Kqc x foe


(organics)
Qw
water-filled soil porosity (Lwater^soil)
0.3
qa
air-filled soil porosity (Lair/Lsoil)
0.13
rb
dry soil bulk density (kg/L)
1.5
Koc
organic carbon partition coefficient (cm^/g)
chemical-specific
foe
organic carbon content of soil (g/g)
0.002 (0.2%)
H'
dimensionless Henry's Law constant
chemical-specific
Soil concentrations based on partitioning to groundwater are not calculated in the same
way for inorganics, and for some organic chemicals the necessary physical-chemical
characteristics may be unavailable. Soil cleanup goals for this latter group of chemicals may
become available in future updates.
. Some risk-based values presented in Table 1 may be less than natural background
concentrations for the chemicals in the soils. In such cases, the background concentration would
represent a reasonable cleanup goal. Similarly, if the risk based value is less than the Method of
Detection Limit (MDL), the MDL would become the operational cleanup goal for practical reasons.
The values in Table 1 were calculated using generic assumptions regarding exposure and
soil characteristics and are intended to be broadly applicable to sites in Florida. In some situations it
may be desirable to utilize site-specific assumptions in the development of cleanup goals for
contaminants in soils. For example, site-specific soil characteristics might be used to refine
estimates of acceptable soil concentrations based on both direct contact and leachabiliry. The use of
more limited exposure assumptions should be considered in the development of soil cleanup goals
only when they can be reasonably assured to reflect both current and plausible future land use.
It is important to recognize that acceptable soil concentrations for individual chemicals will
change over time in response to new information regarding the toxicity of the chemical,
improvement in exposure modeling, etc. Accordingly, this list will be updated periodically to
ensure that the most current information is available.

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Table 1. SELECTED SOIL CLEAN-TIP GOALS ¦
Current as of September 27. 1995
All value? are presented in	Cnpml
Chemical Name	CAS	Residential Industrial Lenrhinr **
Acenaphthene
83-32-9
2800
30000
2.0
Acenaphthvlene
208-96-8
670
5600
11
Acetone
67-64-1
260
1800
14
Acrolein
107-02-S
0.4
2.7
0.3
Acrylonitrile
107-13-1
0.1
0.2
0.02
Alachlor
15972-60-8
14
56
NC
Aldrin
309-00-2
0.06
0.2
0.05
Aluminum
7429-90-5
75000
a.
i
NC
Anthracene
120-12-7
20000
300000
890
Antimony
7440-36-0
26
220
NC
Arsenic
7440-38-2
0.7
3.1
NC
Atrazine
1912-24-9
4.9
20
0.02
Barium
7440-39-3
5200
84000
NC
Benzene
72-43-2
1.4
2.0
0.003
Benzo(a)anthxacene
56-55-3
1.4
4.9
29
Benzo(a)pyrene
50-32-S
0.1
0.5
3.7
Benzo(b)fluoranthene
205-99-2
1.4
5.0
71
Benzo(g,h,i)perylene
191-24-2
14
50
320
Benzo(k)fluoranthene
207-08-9
14
48
44
Benzoic acid
65-85-0
130000
T
56
Beryllium
7440-41-7
0.2i
l.Or
NC
Bis(2-chloroethoxy)methane
111-91-1
170
3000
0.03
Bis(2-chloroethyl)ether
111-44-4
0.5
0.9
0.005
Bis(2-ethylheJ.yl)phthalate (DEHP)
117-S1-7
48
110
11
Boron
7440-42-8
7000
180000
NC
Bromodichloromethane
75-27-4
0.7
01
0.002
Bromoform
75-25-2
65
130
0.02
Butanone, 2- (MEK)
78-93-3
2200
15000
8.7
Butyl benzyl phthalate, N-
85-68-7
15000
310000
960
Cadmium
7440-43-9
37
600
NC
Carbaxyl
63-25-2
7600
150000
4.6
Carbazole
S6-74-S
42
120
0.4
Page 1

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Tabic 1. SF.I-F.CTF.D SOIL CIJEAN-UP GOALS '

All value? are presented
in mp/ke (pDml


nViPTninnl Name
CAS
Residential
Industrial
Leachinr'
Carbofuran
1563-66-2
380
7700
0.1
Carbon disulfide
75-15-0
5.2
34
2.5
Carbon tetrachloride
56-23-5
0.6
0.8
0.02
Chlordane
57-74-9
0.8
3.0
2.1
Chloro-m-cresol, p-
59-50-7
140000
J.
!
42
Chloroaniline, 4-
106-47-8
240
3300
o.os
Chlorobenzene
108-90-7
44
300
0.6
Chioroethylvinylether, 2-
110-75-8
100
690
0.002
Chloroform
67-66-3
0.6
0.8
0.02
Chloromethane
74-87-3
0.2
0.3
0.01
Chloronaphthalene, beta-
91-58-7
560
4000
57
Cnlorophenol, 2-
95-57-8
280
3700
0.3
Chlorpyrifos
2921-88-2
190
2900
26
Chromium (hexavalent)
18540-29-9
290
430
NC
Chromium (trivalent)
16065-S3-1
66000
540000
NC
Chrysene
21S-01-9
140
500
31
Cobalt
7440-4S-4
4700
110000
NC
Coumaphos
56-72-4
19
410
NC
Cyanide
57-12-5
1600
40000
NC
DDD, 4,4'-
72-54-8
4.5
17
0.2
DDE, 4,4'-
72-55-9
3.0
11
0.2
DDT, 4,4'-
50-29-3
3.1
12
0.5
Dalapon
75-99-0
1900
28000
0.4
Demeton
S065-4S-3
3.1
64
NC
Di-n-Butylphthaiate
84-74-2
7300
140000
23
Di-n-Octvlphthalate
117-84-0
1500
32000
T
Diazinon
333-41-5
66
1300
0.04
Dibenz(a,h)anthracene
53-70-3
0.1
0.5
7.2
Dibenzofuran
132-64-9
240
3500
NC
Dibromochloromethane
124-4S-1
1.2
1.7
0.004
Dibromoethane, 1,2- (EDB)
106-93-4
0.01
0.04
0.00006
Dicamba
1918-00-9
1700
23000
0.7
Page 2

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Table 1. SELECTED SOTT. CI.EAN-UP OPALS »
Current as of September 27, 1995
A]] values are presented in me/krr (ripm)
Chemical Name
CAS
Residential
Industrial
Leachinr
Dichlorobenzene, 1,2-
95-50-1
820
6000
5.8
Dichlorobenzene, 1,3-
541-73-1
1700
13000
0.4
Dichlorobenzene, 1,4-
106-46-7
7.5
11
0.9
Dichloroethane, 1,1-
75-34-3
310
2100
2.3
Dichloroethane, 1.2- (EDC)
107-06-2
0.7
1.0
0.008
Dichloroethene, 1,1-
75-35-4
0.1
0.1
0.03
Dichloroethene, cis-1,2-
156-59-2
26
180
0.2
Dichloroethene, trans-1,2-
156-60-5
62
430
0.3
Dichlorophenol, 2,4-
120-83-2
220
4000
0.02
Dichlorophenoxy acetic acid, 2,4-
94-75-7
110
800
0.2
Dichlorophenoxy) butyric acid, 4-(2,4-
94-82-6
610
13000
NC
Dichloroprop
120-36-5
3.8
15
NC
Dichloropropane, 1,2-
7S-S7-5
0.8
1.2
0.02
Dichloropropene, 1,3-
542-75-6
0.3
0.4
0.003
Dichlorvos
62-73-7
3.8
15
0.0003
Dicofol (Kelthane)
115-32-2
2.5
10
NC
Dieldrin
60-57-1
0.07
0.3
0.02
D i e th yl ph th a] a te
84-66-2
56000
970000
20
Dimethylformamide, N,N-
68-12-2
1800
27000
1.5
Dimethylphenol, 2,4-
105-67-9
1200
16000
1.8
Dimethylphthalate
131-11-3
630000
O.
/
200
Dinitrotoluene, 2,4-
121-14-2
130
2000
0.0006
Dinitrotoluene, 2,6-
606-20-2
71
1300
0.0006
Dinoseb
88-85-7
43
470
0.4
Disulfoton
298-04-4
2.8
50
0.01
Diuron
330-54-1
130
2100
0.1
Endosulfan
115-29-7
390
5900
0.7
Endrin
72-20-S
23
470
0.4
Endrin aldehyde
7421-93-4
23
450
0.05
Ethoprop
13194-48-4
1.2
25
NC
Echyl chloride
75-00-3
8200
56000
0.6
Ethyl dipropylthiocarbamate, S- (EPTC)
759-94-4
1900
38000
NC
Paee 3

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Table 1. SELECTED SOIL CLEAN-UP GOALS »
Current as of September 27. 1995
All value? are presented in msr/kg fppml
Chemical Name	CAS	Residential Industrial Leaching **
Ethyl p-nitrophenyl phenylphosphorothioate 2104-64-5
0.8
15
0.008
Ethylbenzene
100-41-4
1400
10000
0.2
Fenamiphos
22224-92-6
19
410
0.06
Fensulfothion
115-90-2
19
410
NC
Fenthion
55-38-9
3.8
80
NC-
Fluoranthene
206-44-0
2900
48000
280
Fluorene
86-73-7
2400
30000
45
Fluoride
169S4-58-8
4700
120000
NC
Guthion (Azinphos-methyl)
86-50-0
120
2500
0.1
Heptachlor
76-44-8
0.2
0.5
0.06
Heptadxlor epoxide
1024-57-3
0.1
0.3
0.03
Hexachlorobenzene
118-74-1
0.6
1.6
0.8
Hexachlorobutadiene
87-68-3
3.1
4.9
2.1
Hexachlorocyclohexajie, alpha-
319-84-6
0.2
0.6
0.002
Hexachlorocyclohexane, beta-
319-S5-7
0.6
2.3
0.005
Hexachlorocyclohexane, delta-
319-86-8
23
470
0.007
Hexachlorocyclohexane, gamma-
5S-89-9
0.8
3.0
0.006
Hexachloroethane
67-72-1
27
120
0.4
Hexane, n-
110-54-3
76
510
1.0
Hexazinone
51235-04-2
2500
52000
NC
Indeno(l,2,3-cd)pyrene
193-39-5
1.4
5.0
17
Lead
7439-92-1
500
1000
NC
Linuron
330-55-2
150
3200
NC
Lithium
743-99-32
1600
40000
NC
Malathion
121-75-5
1500
23000
1.1
Manganese
7439-96-5
370
5500
NC
Mercury'
7439-97-6
23
480
NC
Merphos
150-50-5
2.3
48
NC
Mesurol (Methiocarb)
2032-65-7
310
4600
NC
Methoroy]
16752-77-5
1900
41000
0.5
Methoxychior
72-43-5
380
7800
62
Methyl parathion
298-00-0
19
350
0.1
Page 4

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Table 1. SELECTED .SOIL CLEAN-UP GOALS »
Current as of September 27. 1995
All valuer are presented in mfT/rkfr fnnml
Chemical Name	CAS	Residential Industrial Leaching**
Methyl tert-butvl ether
1634-04-4
3S00
27000
0 1
Methyl-2-pentanone, 4- (MIBK)
10S-10-1
520
3700
11
Methv]-4-chlorophenoxy acetic acid, 2-
94-74-6
38
SOO
NC
Methvl-4-chlorophenoxy propionic acid, 2-
93-65-2
77
1600
NC
Methylene chloride
75-09-2
16
23
0.01
Methylnaphthalene, 1-
90-12-0
930
8400
NC
Methyliiaphthalene, 2-
91-57-6
960
8800
NC
Methylphenol, 2- (o-cresol)
95-48-7
2600
32000
1.1
Methylphenol, 3- (m-cresol)
108-39-4
3400
55000
4.2
Methylphenol, 4- (p-cresol)
106-44-5
340
5500
0.4
Metribuzin
21087-64-9
1900
42000
NC
Mevinphos
7786-34-7
19
420
NC
Mirex
2385-S5-5
0.4
0.3
0.01
Molybdenum
7439-98-7
390
9600
NC
Monuron
150-68-5
96
190
NC
Naled
300-76-5
150
3200
NC
Naphthalene
91-20-3
1300
12000
0.1
Nickel
7440-02-0
1500
26000
NC
Nickel subsulnae
12035-72-2
7000
10000
NC
Nitrate.
14797-55-8
120000
T
NC
Nitrite
14797-65-0
7800
200000
NC
Nitroanilme, o-
88-74-4
4.0
73
0.02
Nitroaniline. p-
100-01-6
230
4700
NC
Nitrobenzene
9S-95-3
22
250
0.04
Nitroso-di-n-propylamine, N-
621-64-7
0.02
0.03
0.009
Nitrosodimethylamine, N-
62-75-9
0.003
0.004
0.02
Nitrosodiphenylamine, N-
86-30-6
73
130
0.06
Oxamyl
23135-22-0
1900
42000
NC
Parathion
56-38-2
450
9000
3.9
Pentachlorophenol
87-86-5
5.4
12
0.01
Phenanthrene
85-01-8
1700
21000
2.S
Phenol
108-95-2
34000
440000
0.02
Page 5

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Table 1. SELECTF.P SOTT, CI/EAN-IJP GOALS *
Current as. of September 27. 1995
AJI value? are presented in mp/kr (pnm)
Chemical Name
CAS
Residential
Industrial
Leachinr
Phorate
29S-02-2
14
240
0.05
Polvchlorinated biphenyls (PCBs)
1336-36-3
0.9
3.5
44
Propazine
139-40-2
1500
32000
2.3
Pyrene
129-00-0
2200
41000
290
Pyridine
110-86-1
0.5
3.2
0.02
Ronnel
299-84-3
3700
71000
NC
Selenium
7782-49-2
390
9900
NC
Silver
7440-22-4
390
9000
NC
Sodium diethyldithiocaxbamate
148-18-5
4.1
17
NC
Strontium
7440-24-6
47000
t
NC
Styrene
100-42-5
4100
34000
2.0
Tetrachloroethane, 1,1,1.2-
630-20-6
5.9
8.9
0.003
Tetrachloroethane, 1,1,2.2-
79-34-5
0.9
1.4
0.0007
Tetrachioroethene (PCS)
127-18-4
12
2S
0.03
TetrachJorvinphos (Stirophos)
961-11-5
45
ISO
NC
Tetraethvl dithiopyrophosphate
3689-24-5
34
590
0.06
Tetraethvlpyrophosphate (TEPP)
107-49-3
2.5
51
NC
Tin
7440-31-5
44000
670000
NC
Tokuthion
34643-46-4
68
1400
NC
Toluene
106-88-3
520
3500
0.2
Toxaphene
8001-35-2
0.9
3.0
0.04
Trichlorobenzene, 1,2,4-
120-82-1
590
8200
2.3
Tnchloroethane, 1,1,1-
71-55-6
610
4300
0.9
Trichloroethane, 1.1.2-
79-00-5
2.0
3.0
0.02
Trichloroethene (TCE)
79-01-6
6.5
9.3
0.01
Trichlorofiuoromethane
75-69-4
6.6
44
400
Trichlorophenol, 2,4,5-
95-95-4
7100
130000
0.1
Trichlorophenol, 2,4,6-
88-06-2
87
280
0.08
Trichlorophenoxy acetic acid, 2,4,5-
93-76-5
760
15000
NC
Ti-ichlorophenox}- propionic acid, 2,4,5
93-72-1
610
13000
2.7
Trimethylbenzene, 1.2,3-
526-73-8
6.7
51
0.2
Trimethylbenzene. 1.2,4-
95-63-6
6.2
47
0.2
Page 6

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Table 1. SELECTED SOIL CLEAN'-TTP GOALS •
Current as of September 27. 1995
AJ] value? are presented in mg/k? (t>pm1
Chemical Name	CAS	Residential Industrial Leachintr **
Trimethylbenzene, 1,3,5-
108-67-8
3.7
27
0.1
Uranium, natural
7440-61-1
120
410
NC
Vanadium
7440-62-2
490
4S00
NC
Vinyl acetate
10S-05-4
ISO
1200
0.5
Vinyl chloride
75-01-4
0.005
0.007
0.005
Xylene, total
1330-20-7
13000
92000
0.1
Zinc
7440-66-6
23000
560000
NC
Soil cleanup goals in these tables are based on human toxicity using generalized exposure
assumptions. Some tabulated soil cleanup goals may be less than the minimum detection limit
(MDL) for that chemical in soils; in such cases the MDL would be the applicable cleanup goal
*;x TCLP for metals applies as appropriate.
NC = No Value Calculated
TCLP = Toxicity Leaching Characteristic Leaching Procedure.
t = Number exceeds 1E+06.
+ = Based on dermal absorption of 0.0001
Page 7

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Table 2. Variables :nid Assumptions Tor Calculating Soil Cleanup Goals
llascd on Direct ICxposurc to Soil
Vatiablc
Child Resident'
Aggregate Resident^
On-Silc Woikcr^

(age 1 -6 ycais)
(age 1 - 30 yts)

HW (body weight)
15kg
59 kg
70 kg
IRo (ingestion mlc, oial)
200 mg/kg
120 mg/day
50 mg/day
IRi (inhalation rale)
10 m3/day
15 m3/day
20 up/day
FC (fraction fioin contain, source)
1.0 (100%)
1.0 (100%)
1.0 (100%)
HF (exposure ficquency)
350 days/yr
350 days/yr
250 days/yr
BD (exposure duration)
6 yis
30 yrs
25 yrs
SA (surface area of skin exposed)
1,800 cm2/day
4,855 cm2/day
2,300 cm2/day
AF (atlhcicncc factor)
0.2 mg/cin2
0.2 mg/cm2
0.6 mg/cm2
AT (averaging time)



• non-carcinogens
2,190 days
10,950
9,125 days
• carcinogens
25,550 days
25,550 days
25,550 days
' used in calculating soil cleanup goals based on
nou-canccr health ellects Ibr a residential scenario

2 used in calculating soil cleanup goals based on potential caicinogcnicily lor a icsidcntial scenario.

^ used in calculating soil cleanup goals based on
both cancer anil non-cancer
health effects for comnicrcial/industrial 1
and use.
Vai iablc



TR (laigcl risk)
1 x 10"G fot carcinogens; hazard quotient of 1.0 for non-caicinogcns
DA (dcmial absoiption)
0.01
for organics; 0.001 for inorganics
4
PFF (particulate emission factor)

1.24 Ii+09 m3/kg

VF (volatilization factor)

compound specific^

SF (slope facloi)

compound and route specific

RfD (tefcrcncc dose)

compound and loule specific

'' based upon Region IV guidance
iclci Id Technical Hackgi omul Document for Diafi Soil Set renin i; Level Guidance, Li PA 5'10/R-94/018, July 199'!, lor I lie me I hod uf calculation.

-------
FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
GROUND WATER
GUIDANCE CONCENTRATIONS
June 1994

-------
Memorandum
Florida Department of
Environmental Protection
TO:
Directors of District Management
Mark Latch, Director
Division of Water Management
John Ruddell, Director
Division of Waste Management
THROUGH:
Dan Thompson, Assistant Secretary
FROM:
Richard M. Harvey, Director
Division of Water Facilitie
DATE:
June 2, 1994
SUBJECT: Update of the 1989 Florida Ground Water Guidance
Concentrations Booklet
The attached booklet, Florida Ground Water Guidance
Concentrations. updates and replaces the 1989 document of the
same title. This update continues to provide guidance for
district personnel in reviewing effluent and ground water quality
data for Minimum Criteria requirements (Rule 17-520.400, F.A.C.)-
This booklet contains new and updated toxicological data and has
been reformatted for ease of use.
If you have any questions regarding this publication, please call
Bryan Baker or Jim McNeal of the Bureau of Drinking Water and
Ground Water Resources at 904/488-3601 (SUNCOM 278-3601).
RMH/dgw/bb
Attachment

-------
GROUND WATER
GUIDANCE CONCENTRATIONS
FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF WATER FACILITIES
Bureau of Drinking Water and Ground Water Resources
Compiled by Bryan Baker
June 1994

-------
TABLE OF CONTENTS
Table of Contents		i
Introduction		1
Guidance Concentrations: A Toxicological
Perspective		3
Abbreviations, Definitions, Symbols		6
Chapter One: Primary Standards		7
Chapter Two: Secondary Standards		11
Chapter Three: Carcinogens		13
Chapter Four: Organoleptics		19
Chapter Five: Systemic Toxicants		2 3
Chapter Six: Guidance Concentrations Index..	35
Ground Water Quality Background Monitoring
Electronic Bulletin Board Information		53
i

-------
INTRODUCTION
In 1986, the Department of Environmental Regulation (DER)
published a table listing the current primary and secondary
ground water standards and 127 guidance concentrations for
parameters lacking a numeric standard. The guidance
concentrations were compiled from various public health based
data sources to alert DER District office personnel to
concentrations of synthetic organics and inorganics in effluent
and ground water that warranted further inquiry. The guidance
concentrations were to be used as screening tools and interim
guidelines for ground water minimum criteria until precise
numeric standards could be developed.
This table was updated and printed as a booklet titled, Ground
Water Guidance Concentrations in 1989. The table had been
expanded to include 220 different guidance concentrations.
This 1993 edition updates the 1989 document and now lists 267
different guidance concentrations as well as incorporating newly
adopted Maximum Contaminant Levels (MCLs). The primary and
secondary MCLs are enforceable standards. The guidance
concentrations are not standards but can be designated as site
specific minimum criteria by the Department.
The Integrated Risk Information System (IRIS) and the Health
Effects Assessment Summary Tables (HEAST), toxicological
databases maintained by the Environmental Protection Agency
(EPA), served as the primary (and nearly exclusive) sources for
this document. Both sources list the chronic oral reference
doses (Oral RfDs) and cancer potency slope factors from which the
guidance concentrations are derived. Some parameters are
calulated from information provided by the EPA Environmental
Criteria and Assessment Office (ECAP) in Cincinnati. Guidance
Concentrations listed in the 1989 booklet and not currently found
in IRIS or HEAST remain unchanged in this edition.
Practical Quantitation Levels (PQLs) listed in this booklet are
an estimate of the lowest concentration routinely quantifiable by
most analytical laboratories. Two sources of information were
consulted for PQL information; The Department of Environmental
Protection (DEP) Chemistry Laboratory, and the Environmental
Monitoring Methods Index (EMMI) - an EPA database. PQLs listed
in the 1989 booklet and not currently listed by the DEP lab or
EMMI remain unchanged in this edition.
For those parameters where the health based guidance
concentration is lower than what can reasonably be measured in a
laboratory, the PQL has been designated as the guidance
concentration. The calculated health based limit is also
reported as a reference. As measurement techniques improve and
PQLs are lowered the guidance concentration in these cases will
also be lowered.
Page 1

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This 1993 edition is organized into five different chapters;
Primary Standards, Secondary Standards, Carcinogens,
Organoleptics, and Systemic Toxicants. This arrangement reflects
the categories regulated by Rule 17-520, Florida Administrative
Code (F.A.C.). These governing regulations are expanded upon at
the beginning of each chapter. An alphabetical listing of all
the parameters are listed in the index. This booklet has been
three-hole punched to allow the user to rearrange the chapters
into the sequence which proves most useful.
This booklet will be available as an ASCII text file and will be
posted to the Ground Water Quality Background Monitoring
Electronic Bulletin Board. Access to the bulletin board is
described on the final page of this booklet.
We would like to thank Andy Reich with the Department of Health
and Rehabilitative Services Environmental Epidemiology section
for contributing the Toxicological Perspective text. We would
also like to thank Ligia Mora-Applegate with the FDEP Division of
Waste Management for her comments and review throughout the
preparation of this document.
Requests for assistance in the interpretation and application of
this Ground Water Guidance Concentrations booklet should be
directed to either Bryan Baker or Jim McNeal with the Bureau of
Drinking Water and Ground Water Resources (904/488-3601,
SUNCOM 278-3601).
Page 2

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GUIDANCE CONCENTRATIONS: A TOXICOLOGICAL PERSPECTIVE
When evaluating the health threat from exposures to environmental
contaminants, there are no "magic bullet" media values
appropriate in all circumstances. Most documents listing
guidance, or action concentrations, do not consider the
appropriateness or limitations of the toxicological assumptions
and health risk assessment procedures and by necessity must list
a generic value. However, there is still a great need for
environmental professionals to have at their disposal a reference
listing these values, to give a reasonable perspective on the
threshold of health concern from contaminants found in ground and
drinking water.
There are established methods of assessing risk that are
essential in the proper evaluation of potential adverse health
impacts. The Agency for Toxic Substances (ASTDK) within the
Public PJealth Service has been instrumental, along with the
USEPA, in identifying these basic points. These include:
a)	the intrinsic toxicity of the compound(s);
b)	a susceptible receptor (population at risk - people);
c)	an adequate dose; and,
d)	a complete exposure pathway.
Chemicals may express a toxic response due to a wide variety of
mechanisms and endpoints. Animal studies have identified
carcinogenic and non-carcinogenic compounds. Carcinogens have
further been classified as those being genetic and epigenetic in
nature. The genetic agents act directly on the DNA or related
material and are thought to not have a threshold. This means
that at very low doses, even one molecule, a compound of this
type may increase the cancer risk. Epigenetic carcinogens act
through mechanisms not affecting the genetic material such as by
overwhelming cellular repair or augmenting normal hormonal
responses. If these epigenetic agents are not present in
sufficient quantities to produce the toxic response, the
carcinogenic risk is zero.
Non-carcinogenic compounds are even more varied in their
intrinsic toxicity. Some act directly on cellular functions such
as changing the permeability of cell membranes; others affect the
normal performance of enzyme systems; still others act to block
transport of essential nutrients or other needed metabolic
compounds.
In order for the toxic agents to elicit an effect, the exposed
animal needs to be susceptible to the agent, i.e. the
physiological characteristic that can be affected needs to be
present in the animal. Some animals possess metabolic pathways
and enzyme systems that others do not; some metabolic
characteristics are present during certain periods in the normal
life span of an organism; developmental phase of the fetus also
Page 3

-------
affects the response. The ability for the compound to cause a
toxic response is therefore dependent on which species is exposed
and at what phase of the life span.
There is an old adage in Toxicology that the dose determines the
poison. In order for a certain compound to provoke a toxic
response, it needs to be present at a certain minimum
concentration, or threshold (adequate dose). Animals, humans
included, are not passive organisms, and are subjected to a
constant onslaught of these toxic agents, some exceeding the
adequate dose. When this occurs, there are a multitude of
metabolic and physical mechanisms available to actively protect
the organism from toxic agents. These include detoxifying enzyme
systems present in many organs of the body including the blood,
lungs, and of course, the liver. Physical system responses
include cough reflex, chemotactic response of the stomach and
esophagus resulting in vomiting, mucocilliary escalator, etc.
The following are assumptions and important points to remember
when utilizing the guidance concentrations. These need to be
considered when determining the appropriateness of the values in
assessing the potential for health impact from exposure to
environmental contaminants.
1.	Users are encouraged to consult with the Toxicology
and Hazard Assessment Section of Florida Department
of Health and Rehabilitative Services (HRS), at
(904) 488-3385, before utilizing these guidance
concentrations for purposes other than intial
screening for potential public health threats.
2.	The guidance concentrations are based on continuous
exposure to a 70 kilogram healthy adult male
ingesting 2 liters per day of water.
3.	The guidance concentrations were developed to set
levels that would be below those known or
anticipated to produce adverse health effects.
4.	Some guidance concentrations are based on effects
to high risk populations such as infants less than
6 months old (nitrate/nitrite toxicity).
5.	Intermittent exposures may result in significantly
different guidance concentrations.
6.	The health of the receptor (human) may change the
sensitivity to toxic compounds. These include
nutritional deficiencies, life style factors, age,
sex, or pre-existing disease.
Page 4

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7.	For non-carcinogens, guidance concentrations are
based on the assumption of 20% exposure via
drinking water and 80% exposure via other routes
such as inhalation, ingestion of food residues,
dermal uptake.
8.	Cancer risk is based on lifetime (70 years)
exposure.
9.	Past exposures may have lead to storage of toxic
compounds and could be released during metabolic
changes such as pregnancy, diet, illness, etc.
Additional exposures may result in adverse impacts
due to exceedances of threshold level (lead,
chlorinated pesticides, chloinesterase inhibitors).
10.	Routes of exposure dramatically alter the
toxicological impact of certain compounds. Some
toxic agents act exclusively through specific
routes, some compounds need to be biotransforned
for toxic action to be evident.
11.	Some compounds when mixed could have deleterious
effects significantly below the guidance
concentrations.
12.	The intrinsic validity of the guidance
concentration varies with the strength of the
supporting documentation. When comparing
compounds, there maybe significant differences in
the quality of the data used to derive the guidance
concentrations, including the availability of human
epidemiological studies, animal models used,
exposure doses and duration, pathology reported,
interpretation of results, etc.
13.	Identifying contaminants of concern requires the
examination of contaminant concentrations at the
site, the quality of environmental sampling data,
and the potential for human exposure.
Page 5

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Common abbreviations, definitions, and symbols used in this
booklet:
*	PQL derived from Environmental Monitoring Methods
Index database.
* *
A
B1
B2
C
CAS #
H
HBL
I
MCL
Organoleptic
Organoleptic
Detection
Level
pCi/L
PQL
PQL reprinted from 198 9 Ground Water Guidance
Concentrations Document.
Human carcinogen.
Probable human carcinogen.
Probable human carcinogen.
Possible human carcinogen.
American Chemical Society's Chemical Abstract
Services number.
Environmental Criteria and Assessment Office -
EPA Cincinnati
1989 Florida Ground Water Guidance Concentrations
booklet.
Health Effects Assessment Summary Tables (HEAST).
Health Based Level; the calculated guidance
concentration, listed when the guidance
concentration is less than the listed PQL.
Integrated Risk Information System (IRIS).
Maximum Contaminant Level.
Taste and Odor.
Concentration at which taste and odor can be
detected, but is less than the PQL.
Picocuries per liter.
Practical Quantitation Levels (PQLs) listed in this
booklet are an estimate of the lowest concentration
routinely quantifiable by moc,t analytical
laboratories. The Practical Quantitation Level can
be estimated to be five times the Method Detection
Limit.
ug/L
Micrograms per liter.
Page 6

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CHAPTER 1
PRIMARY STANDARDS
Rule 17-520.420(1), F.A.C., Ground Water Classes, Standards, and
Exemptions, designates the primary and secondary drinking water
standards, found in Rules 17-550.310 and .320, as enforceable
ground water standards. This designation is made to ensure and
protect the quality of Florida's Class G-I and G-II (<10,000 mg/1
Total Dissolved Solids) ground water resources as potential
drinking water supplies. Ground water supplies 90% of Florida's
drinking water needs. These are enforceable standards.
Notes on this chapter:
Fluoride, ethylbenzene, toluene, and xylenes also have associated
(and enforceable) secondary standards and are also listed in
Chapter 2.
Total Trihalomethanes equals the sum of the concentrations of
bromodichloromethane, dibromochloromethane, tribromomethane
(bromoform) and trichloromethane (chloroform).
The MCL for Man-made Radionuclides in ground water is the average
annual concentration of beta particles and photon radioactivity
from man-made radionuclides which does not produce a total annual
exposure greater than 4 millirem per year.
The MCL for Total Coliform Bacteria in ground water is 4 per 100
milliliters.
The drinking water standard for asbestos does not apply to ground
water.
Page 7

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PRIMARY STANDARDS




MCL
POL
CAS#
PARAMETER
ug/L
ug/L





A




15972-60-8

Alachlor
2
1.5
7440-36-0

Antimony
6
5
7440-38-2

Arsenic
SO
5
1912-24-9

Atrazine
3
0.25
B


7440-39-3

Barium
2,000
2
71-43-2

Benzene
1
1
50-32-8

Benzo(a)pyrene
0.2
4
7440-41-7

Beryllium
4
2
c


7440-43-9

Cadmium
5
0.4
1563-66-2

Carbofuran
40
5
56-23-5

Carbon Tetrachloride (Tetrachloromethane)
3
1
57-74-9

Chlordane
2
0.05
75-01-4

Chloroethylene (Vinyl Chloride)
1
1
16065-83-1

Chromium
100
50


Colifomns, Total
see text

57-12-5

Cyanide
200
10
D


94-75-7

2,4-D (2,4-Dichlorophenoxyacetic acid)
70
4
75-99-0

Dalapon (2,2-Dichloropropionic acid)
200
29*
96-12-8

Dibromochloropropane (DECP)
0.2
0.02
106-93-4

1,2-Dibromoethane (EDB, Ethylene Dibromide)
OJ12
0.02
95-50-1

1,2-Dichlorobenzene (o-Dichlorobenzene)
600
4
106-46-7

1,4-Dichlorobenzene (p-Dichlorobenzene)
75
4
107-06-2

1,2-Dichloroethane (Ethylene dichloride)
3
1
75-35-4

1,1-Dichloroethylene (Vinylidene chloride)
r
1
156-59-2

cis-1,2-Dichloroethylene
70
4
156-60-5

trans-1,2-Dichloroethylene
100
A
75-09-2

Dichloromethane (Methylene chloride)
5
1
78-87-5

1,2-Dichloropropane
S
0.5
103-23-1

Di(2-ethylhexyl) adipate
400
60*
117-81-7

Di(2-ethylhexyl) phthalate
6
10
88-85-7

Dinoseb
T
60
88-00-7

Diquat
20
5
E


106-93-4

EDB (Ethylene dibromide, 1,2-Dibromoethane)
0.02
0.02
145-73-3

Endothall
100
30*
72-20-8

lEndrin
2
0.1
Page 8

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PRIMARY STANDARDS




MCL
POL
CAS#
PARAMETER
ug/L
ug/L





100-41-4

Ethylbenzene
70D
4
107-06-2

Ethylene dichloride (1,2-Dichloroethane)
3
1
F


7782-41-4

Fluoride
4,000
100
G


1071-83-6

Glyphosate (Roundup)
7D0
40
14127-62-9

Gross Alpha
15 pCift.
1.25*
H


76-44-8

Heptachlor
0.4
0.05
1024-57-3

Heptachlor Epoxide
0.2
0.1
118-74-1

Hexachlorobenzene (HCB)
1
4
58-89-9

gamma-Hexachlorocyclohexane (Lindane)
OJ2
0.05
77-47-4

Hexachlorocyclopentadiene
SO
10
L


7439-92-1

Lead
15
2
58-89-9

Lindane (gamma-Hexachlorocyclohexane)

0.05
M


7439-97-6

Mercury
2
0.2
72-43-5

Methoxychlor
40
0.4
75-09-2

Methylene chloride (Dichloromethane)
5
1
108-90-7

Monochlorobenzene
100

N


7440-02-0

Nickel
100
10
14797-55-8

Nitrate (as N)
10,000
60
14797-65-0

Nitrite (as N)
1,000
60


Total Nitrate + Nitrite (as N)
10,000
60
0


23135-22-0

Oxamyl
zoo
5
P


87-86-5

Pentachlorophenol
1
15
127-18-4

Perchloroethylene (Tetrachloroethylene)
3
1
1918-02-1

Picloram
soo
200
1336-36-3

Polychlorinated biphenyl (PCB)
0>5
0.5






R


7440-14-4

Radium
5 pCi/L
0.5*
1071-83-6

Roundup (Glyphosate)
700
40
Page 9

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PRIMARY STANDARDS




MCL
POL
CAS#
PARAMETER
ugfl-
ug/L





s


7782-49-2

Selenium
50
5
93-72-1

Silvex (2,4,5-TP)
SO
4
122-34-9

Simazine
4
0.25
7440-23-5

Sodium
160,000
200
100-42-5

Styrene (Vinyl benzene)
100
50
T


127-18-4

Tetrachloroethylene (Perchloroethylene)
3
1
56-23-5

Tetrachloromethane (Carbon Tetrachloride)
3
1
7440-28-0

Thallium
2
5
108-88-3

Toluene
1,000
4
8001-35-2

Toxaphene
3
1
93-72-1

2,4,5-TP (Silvex)
SO
4
120-82-1

1,2,4-T richlorobenzene
70
4
71-55-6

1,1,1-Trichloroethane
200
4
79-00-5

1,1,2-Tr. hloroethane
6
1
79-01-6

Trichloroethylene (Trichloroethene, TCE)
3
1


Trihalomethanes, Total
100

v


75-01-4

Vinyl Chloride (Chloroethylene)
1
1
x


1330-20-7

Xylenes (total)
10,000
4
Page 10

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CHAPTER 2
SECONDARY STANDARDS
Rule 17-5?0.420(1), F.A.C., Ground Water Classes, Standards, and
Exemptions, designates the primary and secondary drinking water
standards, found in Rules 17-550.310 and .320, as enforceable
ground water standards. This designation is made to ensure and
protect the quality of Florida's ground water resources as
potential drinking water supplies. Ground water supplies 90% of
Florida's drinking water needs. The Secondary Standards relate
to the organoleptic or other undesirable properties of ground
water. These are enforceable standards except as exempted under
Rule 17-520.520, F.A.C.
Notes on this chapter:
Fluoride, ethylbenzene, toluene, and xylenes also have public
health related primary standards.
The secondary MCL for Color is 15 color units.
The secondary MCL for Foaming Agents is 0.5 milligrams/L.
The secondary MCL for Odor is 3 (odor threshold number).
The secondary MCL for Total Dissolved Solids is 500 milligrams/L.
This standard may be exceeded if no other MCL is exceeded.
Page 11

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SECONDARY STANDARDS




MCL
PQL
CAS#
PARAMETER
UQ/L
ug/L










7429-90-5

Aluminum
200
100
16887-00-6

Chloride
250,000
2,000
7440-50-8

Copper
1,000
25
100-41-4

Ethylbenzene
30
4
7782-41-4

Fluoride
J2rOQO
100
7439-89-6

Iron
300
10
7439-96-5

Manganese
50
10
C-006

PH
6.5-8.5

7440-22-4

Silver
100
10
14808-79-8

Sulfate
250,000
5,000
108-88-3

Toluene
40
4
C-010

Total Dissolved Solids (TDS)
500,000
50
1330-20-7

Xylenes
20
4
7440-66-6

Zinc
S,O0Q
10
Page 12

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CHAPTER 3
CARCINOGENS
Rule 17-520.400, F.A.C., Ground Water Classes, Standards, and
Exemptions, addresses protective minimum criteria for ground
water.
17-520.400(1) - All ground water shall at all
places and at all times be free from domestic,
industrial, agricultural, or other man-induced
non-thermal components of discharges in
concentrations which, alone or in combination
with other substances, or components or
discharges (whether thermal or non-thermal):
(b) - Are carcinogenic, mutagenic,
teratogenic, or toxic to human beings, unless
specific criteria are established for such
components in Rule 17-520.420, F.A.C. (see
chapters 1 and 2).
This chapter lists guidance concentrations for carcinogens
categorized into four classes. These concentrations are not
listed numeric standards but can be implemented as site specific
minimum criteria under Rule 17-520.400(1)(b), F.A.C., through
procedures established in Rule 17-520.400(3), F.A.C.
Class A - Human carcinogen, sufficient evidence of
carcinogenicity in humans.
Class B1 - Probable human carcinogen, limited evidence of
carcinogenicity in humans.
Class B2 - Probable human carcinogen, sufficient evidence of
carcinogenicity in animals, but inadequate or
lack of evidence in humans.
Class C - Possible human carcinogen, limited evidence of
carcinogenicity in animals and inadequate or lack
of human data.
Carcinogens are non-threshold agents, where only zero exposure
carries no cancer risk. Since zero exposure is usually
impossible or unreasonable to achieve Florida's guidance
concentrations for carcinogens in water have been developed
corresponding to an upper-bound increased lifetime risk of 1 x
10~6. This is the risk that one person in a population of one
million may develop cancer during a lifetime. This number is
within the range of lifetime risk levels (10~4 - 10~6)
recommended by the EPA.
Page 13

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The guidance concentration is calculated assuming an average body
weight of 7 0 kilograms and an average water consumption of 2
liters per day and uses the cancer potency slope factor found in
IRIS or HEAST. The slope factor is projected from a
dose-response model for each carcinogen.
The formula for calculation is:
ug/1 = 1 x 10~6 (Lifetime Risk Level) x 70 kcr x 1000 ua/ma
[slope factor] In (mg/kg/day)-1 x 2 1/day
For those parameters where the health based guidance
concentration is lower than what can reasonably be measured in a
laboratory, the PQL has been designated as the guidance
concentration. The calculated health based limit is reported in
the Cancer Class / HBL column for reference purposes. As
measurement techniques improve and PQLs are lowered the guidance
concentration in these cases will also be lowered.
Page 14

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CARCINOGENS






GUIDANCE

CANCER



CONCENTRATION
POL
CLASS /B8L

CAS#
PARAMETER
vtg/l
ug/L
ug/L
BASIS
I





A






30560-19-1

Acephate
r<5
7.5
C/4
I
5094-66-6

Acifluorfen (Blazer)
4
4
1
F
79-06-1

Acrylamide (2-Propeneamide)
1
1
B2/0.008
I
107-13-1

Acrylonitrile
8
8
B1 / 0.06
I
309-00-2

Aldrin
0.05
0.05
B2/0.002
I
62-53-3

Aniline
6
4
B2
I
103-33-3

Azobenzene
4
4
B2/0.3
1
B




92-87-5

Benzidine
250
250
A / 0.0002
1
56-55-3

Benzo(a)anthracene
4
4
B2/0.05
E
205-99-2

Benzo(b)f1uoranthene
4
4
B2 1 0.05
E
207-08-9

Benzo(k)f1uoranthene
4
4
B2/0.5
E
100-44-7

Benzyl Chloride
0.6
0.5*
B2/0.2
1
319-84-6

BHC (alpha-Hexachlorocyclohexane)
0.05
0.05
B2/0.006
1
319-85-7

BHC (beta-Hexachlorocyclohexane)
0,1
0.1
C/0.02
1
111-44-4

Bis(chloroethyl) ether (BCEE)
1,5
1.5*
B2 / 0.03
1
39638-32-9

Bis(2-chloroisopropyl) ether
7,5
7.5
C/0.5
H
542-88-1

Bis(chloromethyl) ether (Dichloromethyl ether, BCME)
10
10"
A/0.00016
1
5094-66-6

Blazer (Acifluorfen)
4
4
1
F
1897-45-6

Bravo (Chlorothalonil)
3.18
0.2
B2
H
75-27-4

Bromodichloromethane
0.6
0.5*
B2
1
75-25-2

Bromoform
4
0.5*
B2
1
c




2425-06-1

Captafol
100
100*
C/4.1
H
133-06-2

Captan
250
250*
B2/ 10
H
86-74-8

Carbazole
7.5
7.5
B2/ 1.75
H
510-15-6

Chlorobenzilate
0.13
0.1
B2
H
Page 15

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CARCINOGENS






GUIDANCE

CANCER



comcewtrahon
POL
SLA&S ihbl

CAS#
PARAMETER
ug/L
ug/L
ug/L
BASIS







106-89-8

1-Chloro-2,3-epoxypropane (Epichlorohydrin)
3
0.04*
B2
I
67-66-3

Chloroform
6
1
B2
I
74-87-3

Chloromethane (Methyl chloride)
2,7
1
C
H
121-73-3

p-Chloronitrobenzene
250
250*
B2/1.94
H
1897-45-6

Chlorolhalonil (Bravo)
3.18
0.2
B2
H
218-01-9

Chrysene
5
4
B2
E
D




72-54-8

DDD (p,p'-Dichlorodiphenyl dichloroethane)
0.1
0.05
B2
I
72-55-9

DDE (p.p'-Dichlorodiphenyl dichloroethylene)
0.1
0.1
B2
I
50-29-3

DDT (p.p'-Dlchlorodiphenyl trichloroethane)
Ovl
0.1
B2
I
2303-16-4

Diallate
0.57
0.025*
B2
H
53-70-3

Dibenzo(a,h)anthracene
7.5 '
7.5
B2 / 0.005
E
124-48-1

Dibromochloromethane
1
1
C/0.4
1
91-94-1

3,3'-Dichlorobenzidine
7.5
7.5
B2/0.08
1
542-88-1

Dichloromethyl elher [Bis(chloromethyl) ether, BCMEJ
10
10**
A/0.00016
1
542-75-6

1,3-Dichloropropene (DCP.Telone)
1
1
B2 / 0.19
H
62-73-7

Dlchlorvos
0.1
0.02*
B2
1
60-57-1

Dieldrin
0,1
0.1
B2/0.002
1
56-53-1

Diethylstilbesterol
100
100*
A / 7E-6
H
119-90-4

3,3'-Dimethoxybenzidine
250
250*
B2/2.5
H
119-93-7

3,3'-Dimethyibenzidine
250
250
B2 / 0.004
H


Dinitrotoluene mixture 2,4- + 2.6-
0,2
0.2
B2 / 0.05
1
123-91-1

1,4-Dioxane
S
5*
B2/3
1
1746-01-8

Dioxin (2,3,7,8-TCDD)
0.000003
0.000003
B2/2E-7
H
122-66-7

1,2-Diphenylhydrazine
10
10
B2/0.05
1
£




106-89-8

Epichlorohydrin (1 -Chloro-2,3-epoxypropane)
3
0.04*
B2
1
75-21-8

Ethylene oxide (1,2-Epoxyelhane)
10
10**
B2/0.03
H
Page 16

-------

CARCINOGENS






GUIDANCE

CANCER



C OfJC EMTRATI OfJ
PQL
CLASS / HBL

CAS #
PARAMETER
ug/L
ug/L
ag/L
BASIS






96-45-7 j
Ethylene thiourea (2-lmadazoli-dinethione)
15
15
B2 / 0.06
H
H




87-68-3

Hexachlorobutadiene
15
15
C/0.5
1
319-84-6

alpha-Hexachlorocyclohexane (BHC)
0.05
0.05
B2/0.006
1
319-85-7

beta-Hexachlorocyclohexane (BHC)
(M
0.1
C / 0.02
1
19408-74-3

Hexachlorodibenzo-p-dioxin
0.00025
0.00025*
B2 / 6E-6
1
67-72-1

Hexachloroethane
1D
10
C/3.0
1
121-82-4

Hexahydro-1,3,5-trinitro-1,3,5-triazine (RDX)
10
10*
C/0.3
1
I




96-45-7

2-lmadazoli-dinelhione (Ethylene thiourea)
15
15
B2/0.06
H
193-39-5

lndeno(1,2,3-cd)pyrene
7,5
7.5
B2/0.05
E
78-59-1

Isophorone
4a
4
C
1
ivt




99-59-2

2-Methoxy-5-nitroaniline
60
50*
B2/0.76
H
95-53-4

2-Methylaniline (o-Tolufdine)
50
50*
B2/0.15
H
74-87-3

Methyl chloride (Chloromethane)
2.7 '
1
C
H
101-14-4

4,4'-Methylene-bis(2-chloroaniline)
50
50*
B2/0.27
H
60-34-4

Methyl hydrazine
10
10**
0.03
H
2385-85-5

Ml rex
0.1
0.1
B2 / 0.02
H
N




55-18-5

n-Nitrosodiethylamine
4
4
B2 / 0.0002
1
62-75-9

n-Nitrosodimethylamlne
7.5
7.5
B2 / 0.0007
1
924-16-3

n-Nitroso-di-n-butylamine
4
4
B2 1 0.006
1
621-64-7

n-Nitrosodi-n-propylamine
*
4
B2 / 0.005
1
86-30-6

N-Nitrosodiphenylamine
7
4
B2
1
10595-95-6

n-Nitroso-n-methylethylamine
7.5
7.5
B2 / 0.002
1
930-55-2

n-Nitrosopyrrolidine
4
4
B2 / 0.02
1
Page 17

-------

CARCINOGENS






. GU|£)A*iJC£

cArteER



CONCEFrtRAIioM •
: :*>ot
CLASS 1 H&L

CAS #
PARAMETER

ugt
' ug/L
BASIS







P




82-68-8

Pentachloronitrobenzene

15
C / 0.13
H
90-43-7

2-Phenylphenol
... 18
0.05*
C
H
79-06-1

2-Propeneamide (Acrylamide)
i-» 1 . :• ,
1
B2/0.008
I
75-56-9

Propylene oxide
>0 :: 5,000 ^ ,. -
5,000*
B2/0.1
I
, R ,




121-82-4

RDX (Hexahydro-1,3,5-(rini(ro-1,3,5-triazine)
10
10*
C/0.3
I





1746-01-6

2,3,7,8-TCDD (Dioxin)
0,000003.:
0.000003*
B2 / 2E-7
H
542-75-6

Telone (DCP, 1,3-Dichloropropene)

1
B2/0.19
H
630-20-6

1,1,1,2-T etrachloroethane

0.25
C
I
79-34-5

1,1,2,2-Tetrachloroethane
:''...0.2:
0.05
C
I
95-80-7

Toluene-2,4-dlamine
: '100 : •
100*
B2/0.01
H
95-53-4

o-Toluidine (2-Methylaniline)
j 50 ¦*> :¦¦¦¦*
50*
B2/0.15
H
106-49-0

p-Toluidine
150 H!::::,
150*
C / 0.18
H
88-06-2

2,4,6-T richlorophenol
10 ' ' %
10
B2/3
I
1582-09-8

Trifluralin
• >" 5 ...' •' ¦¦
0.1
C
I
512-56-1

Trimethyl phosphate
¦ 50' '>
50*
B2/0.95
H
118-96-7

2,4,6-Trinitrotoluene
	10
10*
C/ 1
I
Page 18

-------
CHAPTER 4
ORGANOLEPTICS
Rule 17-520.400, F.A.C., Ground Water Classes, Standards, and
Exemptions, addresses protective minimum criteria for
ground water.
17-520.400(1) - All ground water shall at all
places and at all times be free from domestic,
industrial, agricultural, or other man-induced
non-thermal components of discharges in
concentrations which, alone or in combination
with other substances, or components or
discharges (whether thermal or non-thermal):
(e)	- Create or constitute a nuisance; or
(f)	- Impair the reasonable and beneficial use
of adjacent waters.
This chapter lists guidance concentrations for parameters where
organoleptic (taste and odor) and other deleterious thresholds
are lower, sometimes significantly, than a health based guidance
concentration. In these cases public health is not the only
issue, but impairment of the use of the resource is the main
concern. These concentrations are not listed numeric standards
but can be designated as site specific minimum criteria by the
Department.
For those parameters where the organoleptic threshold is lower
than what can reasonably be measured in a laboratory, the PQL has
been designated as the guidance concentration. The concentration
at which the organoleptic threshold is exceeded is reported in
the Detection Level column. As measurement techniques improve and
PQLs are lowered the guidance concentration in these cases will
also be lowered.
Page 19

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ORGANOLEPTICS







ORGANOLEPTIC


OUtDANCS

DETECTION


CONCENTRATION
POL
LEVEL
CAS #
PARAMETER
og/t
ugft.







83-32-9

Acenaphthene
20
4

107-02-8

Acrolein (Propenal)
110
20

92-52-4

1.1 -Biphenyl
0.8
0.2*

123-86-4

n-Butyl acetate
2,500
2,500*
43
108-95-2

Carbolic acid (Phenol)
10
4

59-50-7

4-chloro-3-methyl phenol
3,000
4

108-43-0

3-Chlorophenol
10
10
0.1
106-48-9

4-Chlorophenol

5.5*
0.1
76-06-2

Chloropicrin
	' 7.3	
0.02

98-82-8

Cumene (Isopropyl benzene)
0.8
0.25*

541-73-1

1,3-Dichlorobenzene (m-Dichlorobenzene)
10
4

576-24-9

2,3-Dlchlorophenol
10
10
0.04
120-83-2

2,4-Dichlorophenol
" " 4	
4
0.3
583-78-8

2,5-Dichlorophenol
10
10
0.5
87-65-0

2,6-Dichlorophenol
4
4
0.2
95-77-2

3,4-Dlchlorophenol
to
10
0.3
105-87-9

2,4-Dimethyl phenol (m-Xylenol)
400
15

140-88-5

Ethyl acrylate
5,000
5,000*
0.4
60-29-7

Ethyl ether
750
250*

50-00-0

Formaldehyde
500
15

110-54-3

n-Hexane
10
10"
6.4
98-82-8

Isopropyl benzene (Cumene)
0.0
0.25*

79-20-9

Methyl acetate
5,000
5,000*
3,000
80-62-6

Methyl methacrylate
2$
25*

1634-04-4

MTBE (Methyl tertiary-butyl ether)
60
10

91-20-3

Napthalene
e.s
4

108-95-2

Phenol (Carbolic acid)
10
4

107-02-8

Propenal (Acrolein)
110
20

Page 20

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ORGANOLEPTICS







ORGANOLEPTIC


m#DANCfe

OETECTtON


CONCENTRATION
POL
LEVEL
CAS #
PARAMETER
iig/i.

ttgfc
95-95-4

2,4,5-Trichlorophenol
4
4
1


Trimethyl benzenes
10
10"
0.24
108-05-4

Vinyl acetate
' 260
250*
88
105-67-9

m-Xylenol (2,4-Dimethyl phenol)
400
15






Page 21

-------
Page 22

-------
CHAPTER 5
SYSTEMIC TOXICANTS
Rule 17-520.400, F.A.C., Ground Water Classes, Standards, and
Exemptions, addresses protective minimum criteria for
ground water.
17-520.400(1) - All ground water shall at all
places and at all times be free from domestic,
industrial, agricultural, or other man-induced
non-thermal components of discharges in
concentrations which, alone or in combination
with other substances, or components or
discharges (whether thermal or non-thermal):
(d) - pose a serious danger to the public
health, safety, or welfare.
This chapter lists guidance concentrations for parameters where
an appreciable risk for deleterious effects exists to a human
population with daily exposure. These concentrations are not
listed numeric standards but can be designated as site specific
minimum criteria by the Department.
Guidance concentrations for systemic toxicants in water have been
derived similarly to the EPA Drinking Water Lifetime Health
Advisory Level (HAL) for threshold contaminants. The guidance
concentration assumes an average body weight of 70 kilograms, and
an average water consumption of 2 liters per day, and is
calculated using the chronic oral reference dose found in IRIS or
HEAST. The chronic oral reference dose is a provisional estimate
of the daily exposure to the human population that is likely to
be without appreciable risk of deleterious effects during a
lifetime. The calculation uses a 20% Relative Source
Contribution factor which adjusts for the likelihood that
exposure to the chemical also comes from non-drinking water
sources such as food or air. In the absence of chemical specific
data it is assumed that 20% of exposure comes from drinking
water.
The formula for calculation is:
ug/1 = RfD fmq/kq/dav^ x 70 kp x 20% x 1000 ug/mcr
2 1/day
Page 23

-------
For those parameters where the health based guidance
concentration is lower than what can reasonably be measured in a
laboratory, the PQL has been designated as the guidance
concentration. The calculated health based limit is reported in
the HBL column for reference purposes. As measurement techniques
improve and PQLs are lowered the guidance concentration in these
cases will also be lowered.
Page 24

-------

SYSTEMIC TOXICANTS



CAS #
PARAMETER
GUIDANCE
CON CENTRA TTOM
Ug/L
POL
ug/IL
BASIS
HBt
ug/L






A






208-96-8

Acenaphthylene
10
4
F

67-64-1

Acetone
700
100
I

75-05-8

Acetonitrile
500
500*
I
42
98-86-2

Acetophenone
700
4
I

116-06-3

Aldicarb (Temik)
7
5
I

1646-88-4

Aldicarb sulfone
7
5
F

1646-87-3

Aldicarb sulfoxide
10
10
F

107-18-6

Allyl alcohol
250
250*
I
35
834-12-8

Ametryn
63
7.5
I

120-12-7

Anthracene
2,100
4
I






B






114-26-1

Baygon (Propoxur)
28
10
I

17804-35-2

Benomyl
350
120
I

25057-89-0

Bentazon
17.5
4
I

100-52-7

Benzaldehyde
700
50*
I

191-24-2

Benzo(g,h,i)perylene
10
7.5
F

65-85-0

Benzoic acid
28,000
250*
I

100-51-6

Benzyl alcohol
2,100
7.5
H

319-86-8

BHC (delta-Hexachlorocyclohexanel
0.05
0.05
F

141-66-2

Bidrin
1
1 *
1
0.7
111-91-1

Bis (2-chloroethoxy) methane
10
4
F

80-05-7

Bisphenol A
350
200*
1

7440-42-8

Boron land Borates)
630
500*
1

Page 25

-------

SYSTEMIC TOXICANTS





GUIDANCE




CONCENTRATION
POL

HBL
cas r
PARAMETER
ug/L
ug/IL
BASIS
Og/L







314-40-9

Bromacil
90
45
F

101-55-3

p-Bromodiphenyl ether
10
4
F

74-83-9

Bromomethane (Methyl bromide)
10
4
1

1689-84-5

Bromoxynil
140
50*
1

71-36-3

n-Butanol (1-Butanol)
700
500*
1

78-93-3

2-Butanone (Methyl ethyl ketone)
4,200
100
1

2008-41-5

Butylate
350
7.5
1

85-68-7

Butyl bonzyl phthalate
1,400
850
1

85-70-1

Butylphthalyl butylglycolate
7,000
10**
1






c


700



63-25-2

Carbaryl (Sevin)
10
1

75-15-0

Carbon disulfide
700
5
1

5234-68-4

Carboxin
700
10**
1

75-69-4

CFC 11 (Trichlorofluoromethane)
2.100
4
1

75-71-8

CFC 12 (Dichlorodifluoromethane)
1400
25*
1

133-90-4

Chloramben
105
10**
1

506-77-4

Chlorine cyanide
350
25*
1

79-11-8

Chloroacetic acid
14
0.25*
H

106-47-8

p-Chloroaniline
28
4
1

75-00-3

Chloroethane (Ethyl chloride)
140
4
E

1 10-75-8

2-Chloroethyl vinyl ether (Vinyl 2-chloroethyl ether)
1
1
F

94-74-6

4-Chloro-2-methylphenoxy acetic acid (MCPA)
1.000
1,000**
F
4
91-58-7

2-Chloronaphthalene
560
4
1

95-57-8

2-Chlorophenol
35
4
1

7005-72-3

4-Chlorophenylphenyl ether
10
4
F

Page 26

-------

SYSTEMIC TOXICANTS





GUIDANCE




CONCENTRATION
POL

Hbi
cas n
PARAMETER
tig/L
ug/IL
BASIS
ug/L







95-49-8

o-Chlorotoluene
140
4
1

2921-88-2

Chlorpyrifos
21
15
1

5598-13-0

Chlorpyriphos methyl
70
15
H

108-39-4

m-Cresol (3-Methylphenol)
350
4
1

95-48-7

o-Cresol (2-Methylphenol)
350
4
1

106-44-5

p-Cresol (4-Methylphenol)
35
4
H

21725-46-2

Cyanazine
14
0.5
H

460-19-5

Cyanogen
10,000
10,000*
1
280
108-94-1

Cyclohexanone
35.000
5,000*
1

108-91-8

Cyclohexylamine
5,000
5,000*
1
1,400
52315-07-8

Cypermethrin
70
7
1











D


3,500



1861-32-1

Dacthal (DCPA)
1
1

333-41-5

Diazinon
6.3
0.25
H

84-74-2

Dibutyl phthalate {Di-n-butyl phthalate)
700
13
1

1918-00-9

Dicamba
210
200
1

75-71-8

Dichlorodifluoromethane {CFC12)
1400
25*
1

75-34-3

1,1 -Dichloroethane
700
4
H

84-66-2

Diethyl phthalate
5,600
13
1

60-51-5

Dimethoate
5.
5
1
1.4
70-38-2

Dimethrin
2.000
10**
F

121-69-7

N-N-Dimethylaniline
12,500
12,500*
1
14
68-12-2

N-N-Dimethylformamide
700
50*
H

131-11-3

Dimethyl phthalate
70,000
850
H

Page 27

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SYSTEMIC TOXICANTS






GUIDANCE
CONCENTRATION
PQL

HBt
CAS #
PAftAM£T£R
ug/L
ug/lL
BASIS
ug/L







84-74-2

Di-n-butyl phthalate (Dibutyl phthalate)
700
13
1

99-65-0

m-Dinitrobenzene (3-Dinitrobenzene)
50
50*
1
0.7
528-29-0

o-Dinitrobenzene (2-Dinitrobenzene)
200
200*
H
2.8
100-25-4

p-Dinitrobenzene (4-Dinitrobenzene)
i 50
50*
H
2.8
131-89-5

4,6-Dinitro-o-cyclohexyl phenol
500
500*
1
14
51-28-5

2,4-Dinitrophenol
30
30
1
14
117-84-0

Di-n-octyl phthalate
140
4
H

957-51-7

Diphenamid
210
10**
1

122-39-4

Diphenylamine
175
4
1

298-04-4

Disulfoton
0.5
0.5
1
0.28
330-54-1

Diuron
14.
13
1













E






115-29-7

Endosulfan
0.35
0.05
H

1031-07-8

Endosulfan sulfate
0.3
0.1
F

7421-93-4

Endrin aldehyde
0.1
0.1
F

563-12-2

Ethion
3.5
0.25
1

110-80-5

2-Ethoxyethanol
25.000
25,000*
H
2,800
75-00-3

Ethyl chloride (Chloroethane)
140
4
E

107-15-3

Ethylene diamine
10,000
10,000*
H
140
107-21-1

Ethylene glycol
14,000
5,000*
1

97-63-2

Ethyl methacrylate
630
250*
H

84-72-0

Ethylphthalyl ethylglycolate
21,000
10**
1

2104-64-5

Ethyl p-nitrophenyl phenylphosphorothioate (EPN)
0.2
0.2*
1
0.07
Page 28

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SYSTEMIC TOXICANTS




GUIDANCE



CONCENTRATION
POL
HBL
CAS #
PARAMETER
Ug/L
ug/IL
BASIS
Ug/L







F


1.7S



22224-92-6

Fenamiphos
1.5
1

2164-17-2

Fluometuron
91
13
1

206-44-0

Ffuoranthene (Idryl)
280
4
1

86-73-7

Fluorene
280
4
1

944-22-9

Fonofos
14
7.5
1

64-18-6

Formic acid
14>000
5,000*
H






H


0.05



319-86-8

delta-Hexachlorocyclohexane (BHC)
0.05
F

70-30-4

Hexachlorophene
6
6*
1
2.1
51235-04-2

Hexazinone (Velpar)
231
30
1

74-90-8

Hydrogen cyanide
10.000
10,000*
1
140
123-31-9

Hydroquinone
280
125*
H



i


I


280



206-44-0

Idryl (Fluoranthene)
4
1

3G734-19-7

Iprodione
280
75
1

78-83-1

Isobutyl alcohol
2.100
500*
1

33820-53-0

Isopropalin
105
12.5*
1

L


14



330-55-2

Linuron
13
1

Page 29

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SYSTEMIC TOXICANTS





GUIDANCE




CONCENTRATION
POL
Hbl
CAS it
PARAMETER
. iig/L
ug/IL
BASIS
ug/L
|




M




121-75-5

Malathion
140
15
1

12427-38-2

Maneb
75
75*
1
35
94-74-6

MCPA (4-Chloro-2-methylphenoxy acetic acid)
1,000
1,000*'
F
4
57837-19-1

Metalaxyl
420
90
1

126-98-7

Methacrylonitrile
50
50*
1
0.7
10265-92-6

Methamidophos
5
5
1
0.35
67-56-1

Methanol
5,000
5,000*
1
3,500
16752-77-5

Methomyl
175
10
1

74-83-9

Methyl bromide (Bromomethanel
10
4
F

78-93-3

Methyl ethyl ketone (2-Butanone)
4,200
100
1

108-10-1

Methyl isobutyl ketone (4-Methyl-2-pentanone)
350
10
H

298-00-0

Methyl parathion
10
10**
1
1.75
95-48-7

2-Methylphenol (o-Cresol)
350
4
1

108-39-4

3-Methylphenol (m-Cresol)
350
4
1

106-44-5

4-Methylphenol Ip-Cresol)
35
4
1

51218-45-2

Metolachlor
1,050
45
1

21087-64-9

Metribuzin
175
30
1

7439-98-7

Molybdenum
35
5
1






N




300-76-5

Naled
14
1.5
1

10102-43-9

Nitric oxide
10,000
10,000*
1
700
88-74-4

o-Nitroaniline (2-Nitroaniline)
7.5
7.5
H
0.42
98-95-3

Nitrobenzene
9.5
9.5*
1
3.5
Page 30

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SYSTEMIC TOXICANTS





GUIDANCE




concentration
POL

Hbl
CAS#
PARAMETER
. Llg/L
ug/IL
BASIS
tlQ/t







10102-44-0

Nitrogen dioxide
7,000
2,500*
1

88-75-5

o-Nitrophenol (2-Nitrophenol)
f 20
7.5
F

100-02-7

p-Nitrophenol (4-Nitrophenol)
.15
15
F
10
27314-13-2

Norflurazon
280
45
1

O


<
>
1,000



152-16-9

Octomethylpyrophosphoramide
1,000*
H
14
19044-88-3

Oryzalin
. 350
0.8
1

19666-30-9

Oxadiazon
35
3.3
1

P


I
f
i;
r 3i.5



1910-42-5

Paraquat
5
1

56-38-2

Parathion
$ 42
15
H

40487-42-1

Pendimethalin
280
200
1

608-93-5

Pentachlorobenzene
5,6
4
1

52645-53-1

Permethrin
350
200
1

85-01-8

Phenanthrene
t 10
4
F

106-50-3

p-Phenylenediamine
? 1;330
50*
H

298-02-2

Phorate
r . 1,4
0.25
H

732-11-6

Phosmet
> 140
5*
1

7803-51-2

Phosphine
i 125
125*
1
2.1
85-44-9

Phthalic anhydride
r i4iOoo
500*
1

1610-18-0

Prometon
I 105
1.5*
1

7287-19-6

Prometryn
28
15
1

23950-58-5

Pronamide
525
45
1

1918-16-7

Propachlor
91
10**
1

139-40-2

Propazine
- 140
10**
1

Page 31

-------

SYSTEMIC TOXICANTS




GUIDANCE



CONCEfoTRATtOI*
POL
Hbi
CAS tf
PARAMETER
Ug/L
ug/it
BASIS
ug/L






122-42-9

Propham
140
10**
I

114-26-1

Propoxur (Baygon)
28
10
I

129-00-0

Pyrene
i 210
4
I

100-86-1

Pyridine
7
4
I






R

$


83-79-4

Rotenone
I 28
8*
1

s

j:
\ :


63-25-2

Sevin (Carbaryl)
700
10
1

7440-24-6

Strontium
4,200
10
1

T




93-76-5

2,4,5-T (2,4,5-Trichlorophenoxyacetic acid)
70
4
1

34014-18-1

Tebuthiuron
490
10**
1

116-06-3

Temik (Aldicarb)
1
5
1

5902-51-2

Terbacil
> 91
10**
1

13071-79-9

Terbufos
0.18
0.5
H

95-94-3

1,2,4,5-Tetrachlorobenzene
4
4
1
2.1
58-90-2

2,3,4,6-Tetrachlorophenol
210
7.5
1

3689-24-5

T etraethyldithiopyrophosphate
3.5
0.35*
1

21564-17-0

2-(Thiocyanomethylthio]-Benzothiazole
210
5*
H

137-26-8

Thiram
35
11*
1



Tin and compounds
• 4,200
4,000
H

75-69-4

Trichlorofluoromethane (CFC11)
2,100
4
1

96-18-4

1,2,3-Trichloropropane
42
25*
1

Page 32

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SYSTEMIC TOXICANTS




CAS ff
PARAMETER
GUIDANCE
CONCENTRATION
Ug/L
POL
ug/IL
BASIS
HBL
lig/L







76-13-1

1,1,2-Trichloro-1,2,2-trifluoroethane
500.000
500,000*
1
210,000
99-35-4

1,3,5-Trinitrobenzene
60
60
1
0.35
786-19-6

Trithion
12
0.05
F






V






7440-62-2

Vanadium
: 49
10
H

51235-04-2

Velpar {Hexazinone)
231
30
1

110-75-8

Vinyl 2-chloroethyl ether (2-Chlofoethyl vinyl ether)
1 .
1
F

z






12122-67-7

Zineb
350
20.5*
1

Page 33

-------
CHAPTER 6
GUIDANCE CONCENTRATIONS INDEX
Page 35

-------

GUIDANCE CONCENTRATIONS


CAS if
PARAMETER
CONCENTRATION
ug/L
CHAPTER




A




83-32-9

Acenaphthene
20
Organoleptic
208-96-8

Acenaphthylene
10
Systemic Toxicant
30560-19-1

Acephate
7.5
Carcinogen
67-64-1

Acetone
700
Systemic Toxicant
75-05-8

Acetonitrile
500
Systemic Toxicant
98-86-2

Acetophenone
700
Systemic Toxicant
5094-66-6

Acifluorfen (Blazer)
4
Carcinogen
107-02-8

Acrolein (Propenal)
110
Organoleptic
79-06-1

Acrylamide (2-Propeneamide)
1
Carcinogen
107-13-1

Acrylonitrile
8
Carcinogen
15972-60-8

Alachlor
2
Primary Standard
116-06-3

Aldicarb (Temik)
7
Systemic Toxicant
1646-88-4

Aldicarb sulfone
7
Systemic Toxicant
1646-87-3

Aldicarb sulfoxide
10
Systemic Toxicant
309-00-2

Aldrin
0.05
Carcinogen
107-18-6

Allyl alcohol
250
Systemic Toxicant
7429-90-5

Aluminum
200
Secondary Standard
834-12-8

Ametryn
63
Systemic Toxicant
62-53-3

Aniline
6
Carcinogen
120-12-7

Anthracene
2,100
Systemic Toxicant
7440-36-0

Antimony
6
Primary Standard
7440-38-2

Arsenic
50
Primary Standard
1912-24-9

Atrazine
3
Primary Standard
103-33-3

Azobenzene
4
Carcinogen



Page 36

-------

GUIDANCE CONCENTRATIONS


CAS »
PARAMETER
CONCENTRATION
ug/L
CHAPTER





B


:

7440-39-3

Barium
2,000
Primary Standard
114-26-1

Baygon (Propoxur)
28
Systemic Toxicant
17804-35-2

Benomyl
350
Systemic Toxicant
25057-89-0

Bentazon
17,5
Systemic Toxicant
100-52-7

Benzaldehyde
700
Systemic Toxicant
71-43-2

Benzene
1
Primary Standard
92-87-5

Benzidine
250
Carcinogen
56-55-3

Benzo(a)anthracene
4
Carcinogen
50-32-8

Benzolalpyrene
0.2
Primary Standard
205-99-2

Benzo(b)fluoranthene
4
Carcinogen
191-24-2

Benzo(g,h,i)perylene
10
Systemic Toxicant
65-85-0

Benzoic acid
28.000
Systemic Toxicant
207-08-9

Benzo(k)fluoranthene
4
Carcinogen
100-51-6

Benzyl alcohol
2r100
Systemic Toxicant
100-44-7

Benzyl chloride
0.5
Carcinogen
7440-41-7

Beryllium
4
Primary Standard
319-84-6

BHC (alpha-Hexachlorocyclohexane)
0.05
Carcinogen
319-85-7

BHC (beta-Hexachlorocyclohexane)
0.1
Carcinogen
319-86-8

BHC (delta-Hexachlorocyclohexane)
0.05
Systemic Toxicant
141-66-2

Bidrin
I
Systemic Toxicant
92-52-4

1,1-Biphenyl
0.5
Organoleptic
111-91-1

Bis (2-Chloroethoxy) methane
10
Systemic Toxicant
111-44-4

Bis(chloroethyl) ether (BCEE)
1.5
Carcinogen
39638-32-9

Bis(2-Chloroisopropyl) ether
7,5
Carcinogen
542-88-1

Bis(chloromethyl) ether (Dichloromethyl ether, BCME)
10
Carcinogen
80-05-7

Bisphenol A
350
Systemic Toxicant
5094-66-6

Blazer (Acifluorfenl
4
Carcinogen
Page 37

-------

GUIDANCE CONCENTRATIONS


CAS #
PARAMETER
CONCENTRATION
fg/L
CHAPTER




7440-42-8

Boron (and Borates)
630
Systemic Toxicant
1897-45-6

Bravo (Chlorthalonil)
3.18
Carcinogen
314-40-9

Bromacil
90
Systemic Toxicant
75-27-4

Bromodichloromethane
0,6
Carcinogen
75-25-2

Bromoform
/ 4
Carcinogen
101-55-3

p-Bromodiphenyl ether
10
Systemic Toxicant
74-83-9

Bromomethane (Methyl bromide)
10
Systemic Toxicant
1689-84-5

Bromoxynil
140
Systemic Toxicant
71-36-3

n-Butanol (1-Butanol)
700
Systemic Toxicant
78-93-3

2-Butanone (Methyl ethyl ketonel
4,200
Systemic Toxicant
123-86-4

n-Butyl acetate
2,500
Organoleptic
2008-41-5

Butylate
350
Systemic Toxicant
85-68-7

Butyl benzyl phthalate
1*400
Systemic Toxicant
85-70-1

Butylphthayl butylglyrolate
7.000
Systemic Toxicant






c


7440-43-9

Cadmium
5
Primary Standard
2425-06-1

Captnfol
100
Carcinogen
133-06-2

Captan
250
Carcinogen
63-25-2

Carbaryl (Sevin)
700
Systemic Toxicant
86-74-8

Carbazole
7,5
Carcinogen
1563-66-2

Carbofuran
40
Primary Standard
108-95-2

Carbolic acid (Phenol)
10
Organoleptic
75-15-0

Carbon disulfide
700
Systemic Toxicant
56-23-5

Carbon tetrachloride (Tetrachloromethane)
3
Primary Standard
5234-68-4

Carboxin
700
Systemic Toxicant
75-69-4

CFC 11 (TrichlorofluoromethaneJ
2,100
Systemic Toxicant
Page 38

-------

GUIDANCE CONCENTRATIONS




CONCENTRATION
CHAPTER
CAS #
PARAMETER
ug/L






75-71-8

CFC 12 (Dichlorodifluoromethane)
.1400
Systemic Toxicant
133-90-4

Chloramben
105
Systemic Toxicant
57-74-9

Chlordane
2
Primary Standard
16887-00-6

Chloride
250.000
Secondary Standard
506-77-4

Chlorine cyanide
350
Systemic Toxicant
79-11-8

Chloroacetic acid
14
Systemic Toxicant
106-47-8

p-Chloroaniline
28
Systemic Toxicant
510-15-6

Chlorobenzilate
0.13
Carcinogen
106-89-8

1 -Chloro-2,3-epoxypropane (Epichlorohydrin)
3
Carcinogen
75-00-3

Chloroethane (Ethyl chloride)
140
Systemic Toxicant
75-01 -4

Chloroethylene (Vinyl Chloride)
1
Primary Standard
110-75-8

2-Chloroethyl vinyl ether (Vinyl 2-chloroethyl ether)
1
Systemic Toxicant
67-66-3

Chloroform
6
Carcinogen
74-87-3

Chloromethane (Methyl chloride)
2.7
Carcinogen
59-50-7

4-chloro-3-methyl phenol
3,000
Organoleptic
94-74-6

4-Chloro-2-methylphenoxy acetic acid (MCPA)
1,000
Systemic Toxicant
91-58-7

2-Chloronaphthalene
560
Systemic Toxicant
121-73-3

p-Chloronitrobenzene
250
Carcinogen
95-57-8

2-Chlorophenol
35
Systemic Toxicant
108-43-0

3-Chlorophenol
10
Organoleptic
106-48-9

4-Chlorophenol
5.5
Organoleptic
7005-72-3

4-Chlorophenylphenyl ether
10
Systemic Toxicant
76-06-2

Chloropicrin
7.3
Organoleptic
95-49-8

o-Chlorotoluene
140
Systemic Toxicant
2921-88-2

Chlorpyrifos
21
Systemic Toxicant
5598-13-0

Chlorpyriphos-methyl
70
Systemic Toxicant
1897-45-6

Chlorthalonil (Bravo)
3.18
Carcinogen
16065-83-1

Chromium
100 3
Primary Standard
218-01-9

Chrysene
5
Carcinogen
Page 39

-------

GUIDANCE CONCENTRATIONS


CAS ft
PARAMETER
cnwrEMT RATION
iJfl/L
CHAPTER





7440-50-8

Copper
1,000
Secondary Standard
108-39-4

m-Cresol
350
Systemic Toxicant
95-48-7

o-Cresol
350
Systemic Toxicant
106-44-5

p-Cresol
35
Systemic Toxicant
98-82-8

Cumene (Isopropyl benzene)
0.8
Organoleptic
21725-46-2

Cyanazine
14
Systemic Toxicant
57-12-5

Cyanide
200
Primary Standard
460-19-5

Cyanogen
10,000
Systemic Toxicant
108-94-1

Cyclohexanone
35,000
Systemic Toxicant
108-91-8

Cyclohexylamine
5,000
Systemic Toxicant
52315-07-8

Cypermethrin
70
Systemic Toxicant






D




94-75-7

2,4-D (2,4-Dichlorophenoxyacetic acid!
70
Primary Standard
1861-32-1

Dacthal (DCPA)
3,500
Systemic Toxicant
75-99-0

Dalapon (2,2-Dichloropropionic acid)
200
Primary Standard
72-54-8

DDD (p,p'-Dichlorodiphenyl dichlorethane)
0.1
Carcinogen
72-55-9

DDE (p.p'-Dichlorodiphenyl dichloroethylene)
0.1
Carcinogen
50-29-3

DDT (p,p'-Dichlorodiphenyl trichloroethane)
0.1
Carcinogen
2303-16-4

Diallate
0.57
Carcinogen
333-41-5

Diazinon
6.3
Systemic Toxicant
53-70-3

Dibenzo(a,h)anthracene
7.5
Carcinogen
124-48-1

Dibromochloromethane
1
Carcinogen
96-12-8

Dibromochloropropane (DBCP)
0,2
Primary Standard
106-93-4

1.2-Dibromoethane (EDB, Ethylene Dibromide)
0.02
Primary Standard
84-74-2

Dibutyl phthalate (Di-n-butyl phthalate)
700
Systemic Toxicant
1918-00-9

Dicamba
210
Systemic Toxicant
Page 40

-------

GUIDANCE CONCENTRATIONS




CONCENTRATION
CHAPTER
CAS ff
PARAMETER
ug/L






95-50-1

1,2-Dichlorobenzene (o-Dichlorobenzene)
600
Primary Standard
541-73-1

1,3-Dichlorobenzene (m-Dichlorobenzene)
10
Organoleptic
106-46-7

1,4-Dichlorobenzene (p-Dichlorobenzene)
75
Primary Standard
91-94-1

3,3'-Dichlorobenzidine
7,5
Carcinogen
75-71-8

Dichlorodifluoromethane (CFC12)
1400
Systemic Toxicant
75-34-3

1,1 -Dichloroethane
700
Systemic Toxicant
107-06-2

1.2-Dichloroethane (Ethylene dichloride)
3
Primary Standard
75-35-4

1,1-Dichloroethylene (Vlnylidene chloride)
7
Primary Standard
156-59-2

cis-1,2-Dichloroethylene
70
Primary Standard
156-60-5

trans-1,2-Dichloroethylene
100
Primary Standard
75-09-2

Dichloromethane (Methylene chloride)
5
Primary Standard
542-88-1

Dichloromethyl ether (Bis(chloromethyl)ether, BCME)
10
Carcinogen
576-24-9

2,3-Dichlorophenol
10
Organoleptic
120-83-2

2,4-Dichlorophenol
r. *
Organoleptic
583-78-8

2,5-Dichlorophenol
10
Organoleptic
87-65-0

2,6-Dichlorophenol
4
Organoleptic
95-77-2

3,4-Dichlorophenol
10
Organoleptic
78-87-5

1.2-Dichloropropane
5
Primary Standard
542-75-6

1,3-Dichloropropene (DCP, Telone)
1
Carcinogen
62-73-7

Dichlorvos
0,1
Carcinogen
60-57-1

Dieldrin
0.1
Carcinogen
103-23-1

Di(2 ethylhexyl) adipate
400
Primary Standard
117-81-7

Di(2-ethylhexyl) phthalate
6
Primary Standard
84-66-2

Diethyl phthalate
5,600
Systemic Toxicant
56-53-1

Diethylstilbesterol
100
Carcinogen
60-51-5

Dimethoate
5
Systemic Toxicant
11 9-90-4

3,3'-Dimethoxybenzidine
250
Carcinogen
70-38-2

Dimethrin
2,000
Systemic Toxicant
121-69-7

N-N-Dimethylaniline
12,500.
Systemic Toxicant
Page 41

-------

GUIDANCE CONCENTRATIONS


CAS ft
PARAMETER
CONCENTRATION
ug/L
CHAPTER





119-93-7

3,3'-Dimethylbenzidine
250
Carcinogen
68-12-2

N-N-Dimethylformamide
700
Systemic Toxicant
105-67-9

2,4-Dimethylphenol (m-Xylenol)
400
Organoleptic
131-11-3

Dimethyl phthalate
70.000
Systemic Toxicant
84-74-2

Di-n-butyl phthalate (Dibutyl phthalate)
700
Systemic Toxicant
99-65-0

m-Dinitrobenzene (3-Dinitrobenzene)
50
Systemic Toxicant
528-29-0

o-Dinitrobenzene
200
Systemic Toxicant
100-25-4

p-Dinitrobenzene
50
Systemic Toxicant
131-89-5

4,6-Dinitro-o-cyclohexyl phenol
500
Systemic Toxicant
51-28-5

2,4-Dinitrophenol
30
Systemic Toxicant


Dinitrotoluene mixture 2,4- + 2,6-
0.2
Carcinogen
117-84-0

Di-n-octyl phthalate
140
Systemic Toxicant
88-85-7

Dinoseb
7
Primary Standard
1 23-91-1

1,4-Dioxane
5
Carcinogen
1746-01-6

Dioxin (2,3,7,8-TCDD)
0.000003
Carcinogen
957-51-7

Diphenamid
210
Systemic Toxicant
122-39-4

Diphenylamine
175
Systemic Toxicant
122-66-7

1,2-Diphenylhydrazine
10
Carcinogen
85-00-7

Diquat
20
Primary Standard
298-04-4

Disulfoton
0.5
Systemic Toxicant
330-54-1

Diurori
14
Systemic Toxicant






E




166-93-4

EDB (Ethylene dibromide, 1,2-Dibromoethane)
0.02
Primary Standard
115-29-7

Endosulfan
0.35
Systemic Toxicant
1031-07-8

Endosulfan sulfate
0.3
Systemic Toxicant
145-73-3

Endothall
100
Primary Standard
Page 42

-------

GUIDANCE CONCENTRATIONS




CONCENTRATION
UHflK 1 fcrt
OAS#
PARAMETER
iigtL






72-20-8

Endrin
r" 2
Primary Standard
7421-93-4

Endrin aldehyde
0.1
Systemic Toxicant
106-89-8

Epichlorohydrin (1 -Chloro-2,3-epoxypropane)
3
Carcinogen
563-12-2

Ethion
;• 3,5
Systemic Toxicant
110-80-5

2-Ethoxyethanol
25,000
Systemic Toxicant
140-88-5

Ethyl acrylate
5,000
Organoleptic
100-41-4

Ethylbenzene
700
Primary Standard
100-41 -4

Ethylbenzene
30
Secondary Standard
75-00-3

Ethyl chloride (Chloroethane)
140
Systemic Toxicant
107-15-3

Ethylene diamine
10,000
Systemic Toxicant
107-06-2

Ethylene dichloride (1,2-Dichloroethane)
3
Primary Standard
107-21-1

Ethylene glycol
14.000
Systemic Toxicant
75-21-8

Ethylene oxide (1,2-Epoxyethane)
10
Carcinogen
96-45-7

Ethylene thiourea (2-lmadazoli-dinethione)
15
Carcinogen
60-29-7

Ethyl ether
750
Organoleptic
97-63-2

Ethyl methacrylate
630
Systemic Toxicant
84-72-0

Ethylphthalyl ethylglycolate
£ 21,000
Systemic Toxicant
2104-64-5

Ethyl p-nitrophenyl phenylphosphorothioate (EPN)
0.2
Systemic Toxicant
F


.
>
1,75

22224-92-6

Fenamiphos
Systemic Toxicant
2164-17-2

Fluometuron
91
Systemic Toxicant
206-44-0

Fluoranthene (Idryl)
f 280
Systemic Toxicant
86-73-7

Fluorene
280
Systemic Toxicant
7782-41-4

Fluoride
4,000
Primary Standard
7782-41-4

Fluoride
2.000
Secondary Standard
944-22-9

Fonofos
14
Systemic Toxicant
50-00-0

Formaldehyde
i 600
Organoleptic
64-18-6

Formic acid
14.000
Systemic Toxicant
Page 43

-------

GUIDANCE CONCENTRATIONS


CAS 8
PARAMETER
CONCENTRATION
ug/L
CHAPTER




G


1071-83-6

Glyphosate (Roundup)
700
Primary Standard
14127-62-9

Gross Alpha
15 pCi/L
Primary Standard
H


76-44-8

Heptachlor
0.4
Primary Standard
1024-57-3

Heptachlor Epoxide
0.2
Primary Standard
118-74-1

Hexachlorobenzene (HCB)
1
Primary Standard
87-68-3

Hexachlorobutadiene
15
Carcinogen
319-84-6

alpha-Hexachlorocyclohexane (BHC)
0.05
Carcinogen
319-85-7

beta-Hexachlorocyclohexane (BHC)
0;1
Carcinogen
319-86-8

delta-Hexachlorocyclohexane (BHC)
0.05
Systemic Toxicant
58-89-9

gamma-Hexachlorocyclohexane (Lindane)
0.2
Primary Standard
77-47-4

Hexachlorocyclopentadiene
50
Primary Standard
19408-74-3

Hexachlorodibenzo-p-dioxin
0.00025
Carcinogen
67-72-1

Hexachloroethane
10
Carcinogen
70-30-4

Hexachlorophene
6
Systemic Toxicant
121-82-4

Hexahydro-1,3,5-trinitro-1,3,5-triazine (RDX)
10 ;
Carcinogen
110-54-3

n-Hexane
10
Organoleptic
51235-04-2

Hexazinone (Velpar)
231
Systemic Toxicant
74-90-8

Hydrogen cyanide
10,000
Systemic Toxicant
123-31-9

Hydroquinone
280
Systemic Toxicant
I


206-44-0

Idryl (Fluoranthene)
280
Systemic Toxicant
96-45-7

2 Imadazoli-dinethione (Ethylene thiourea)
15 i
Carcinogen
193-39-5

lndeno(1,2,3-cd)pyrene
7.5
Carcinogen
Page 44

-------

GUIDANCE CONCENTRATIONS




CONCENTRATION
CHAPTER
CAS if
PARAMETER
ig/L






36734-19-7

Iprodione
280
Systemic Toxicant
7439-89-6

Iron
300
Secondary Standard
78-83-1

Isobutyl alcohol
2,100
Systemic Toxicant
78-59-1

Isophorone
40
Carcinogen
33820-53-0

Isopropalin
105
Systemic Toxicant
98-82-8

Isopropyl benzene (Cumene)
0 8
Organoleptic
L


15

7439-92-1

Lead
Primary Standard
58-89-9

Lindane (gamma-Hexachlorocyclohexane)
0.2
Primary Standard
330-55-2

Linuron
14
Systemic Toxicant
M


140

121-75-5

Malathion
Systemic Toxicant
12427-38-2

Maneb
75
Systemic Toxicant
7439-96-5

Manganese
50
Secondary Standard
94-74-6

MCPA (4-Chloro-2-methylphenoxy acetic acid)
1,000
Systemic Toxicant
7439-97-6

Mercury
Z
Primary Standard
57837-19-1

Metalaxyl
420
Systemic Toxicant
126-98-7

Methacrylonitrile
50
Systemic Toxicant
10265-92-6

Methamidophos
5
Systemic Toxicant
67-56-1

Methanol
5,000
Systemic Toxicant
16752-77-5

Methomyl
175
Systemic Toxicant
72-43-5

Methoxychlor
40
Primary Standard
99-59-2

2-Methoxy-5-nitroaniline
50
Carcinogen
79-20-9

Methyl acetate
5rooo
Organoleptic
95-53-4

2-Methylaniline (o-Toluidine)
50
Carcinogen
74-83-9

Methyl bromide (Bromomethane)
10
Systemic Toxicant
Page 45

-------

GUIDANCE CONCENTRATIONS


uaS ft
PARAMETER
CONCENTRATION
ug/L
CHAPTER




74-87-3

Methyl chloride (Chloromethane)
2.7
Carcinogen
101-14-4

4,4'-Methylene-bis(2-chloroaniline)
50
Carcinogen
75-09-2

Methylene chloride (Dichloromethane)
5
Primary Standard
78-93-3

Methyl ethyl ketone (2-Butanone)
4;200
Systemic Toxicant
60-34-4

Methyl hydrazine
10
Carcinogen
108-10-1

Methyl isobutyl ketone (4-Methyl-2-pentanone)
350
Systemic Toxicant
80-62-6

Methyl methacrylate
25
Organoleptic
298-00-0

Methyl parathion
10
Systemic Toxicant
95-48-7

2-Methylphenol (o-Cresol)
350
Systemic Toxicant
108-39-4

3-Methylphenol (m-Cresol)
350
Systemic Toxicant
106-44-5

4-Methylphenol (p-Cresol)
35
Systemic Toxicant
51218-45-2

Metolachlor
1,050
Systemic Toxicant
21087-64-9

Metribuzin
175
Systemic Toxicant
2385-85-5

Mirex
0.1
Carcinogen
7439-98-7

Molybdenum
35
Systemic Toxicant
108-90-7

Monochlorobenzene
100
Primary Standard
1634-04-4

MTBt; (Methyl tertiary-butyl ether)
50
Organoleptic



N




300-76-5

Naled
14
Systemic Toxicant
91-20-3

Naphthalene
6.8
Organoleptic
7440-02-0

Nickel
100
Primary Standard
14797-55-8

Nitrate (as N)
10,000
Primary Standard


Total Nitrate + Nitrite (as Nl
10,000
Primary Standard
10102-43-9

Nitric oxide
10,000
Systemic Toxicant
14797-65-0

Nitrite (as N)
: 1>000
Primary Standard
88-74-4

o-Nitroaniline (2-Nitroaniline)
7.5
Systemic Toxicant
98-95-3

Nitrobenzene
9.5
Systemic Toxicant
Page 46

-------

GUIDANCE CONCENTRATIONS


CAS »
PARAMETER
CONCENTRATION
ug/L
CHAPTER





10102-44-0

Nitrogen dioxide
7,000
Systemic Toxicant
88-75-5

o-Nitrophenol (2-Nitrophenol)
20
Systemic Toxicant
100-02-7

p-Nitrophenol (4-Nitrophenol)
15
Systemic Toxicant
55-18-5

N-Nitrosodiethylamine
4
Carcinogen
62-75-9

N-Nitrosodimethylamine
7.5
Carcinogen
924-16-3

N-Nitroso-di-n-butylamine
4
Carcinogen
621-64-7

N-Nitrosodi-n-propylamine
4
Carcinogen
86-30-6

N-Nitrosodiphenylamine
7
Carcinogen
10595-95-6

N-Nitroso-n-methylethylamine
7.5
Carcinogen
930-55-2

N-Nitrosopyrrolidine
4'
Carcinogen
27314-13-2

Norflurazon
280
Systemic Toxicant


I \
0




152-16-9

Octomethylpyrophosphoramide
1,0UU
Systemic Toxicant
19044-88-3

Oryzalin
350
Systemic Toxicant
23135-22-0

Oxamyl
200
Primary Standard
19666-30-9

Oxadiazon
35 • Systemic Toxicant
P




1910-42-5

Paraquat
31.5
Systemic Toxicant
56-38-2

Parathion
42
Systemic Toxicant
40487-42-1

Pendimethalin
280
Systemic Toxicant
608-93-5

Pentachlorobenzene
5.6
Systemic Toxicant
82-68-8

Pentachloronitrobenzene
15
Carcinogen
87-86-5

Pentachlorophenol
1
Primary Standard
127-18-4

Perchloroethylene (Tetrachloroethylene)
3
Primary Standard
52645-53-1

Permethrin
350
Systemic Toxicant
Page 47

-------

GUIDANCE CONCENTRATIONS


CAS #
parameter
CONCENTRATION
iiflfll
CHAPTER




C-006

PH
6,5 * 8.5
Secondary Standard
85-01-8

Phenanthrene
10
Systemic Toxicant
108-95-2

Phenol (Carbolic acid)
10
Organoleptic
106-50-3

p-Phenylenediamine
1,330
Systemic Toxicant
90-43-7

2-Phenylphenol
18
Carcinogen
298-02-2

Phorate
1.4
Systemic Toxicant
732-11-6

Phosmet
140
Systemic Toxicant
7803-51-2

Phosphine
125
Systemic Toxicant
85-44-9

Phthalic anhydride
14,000
Systemic Toxicant
1918-02-1

Picloram
500
Primary Standard
1336-36-3

Polychlorinated biphenyl (PCB)
0.5
Primary Standard
1610-18-0

Prometon
105
Systemic Toxicant
7287-19-6

Promctryn
28
Systemic Toxicant
23950-58-5

Pronamide
525
Systemic Toxicant
191 8-16-7

Propachlor
91
Systemic Toxicant
139-40-2

Propazine
140
Systemic Toxicant
107-02-8

Propenal (Acrolein)
110
Organoleptic
79-06-1

2-Propeneamide (Acrylamide)
1
Carcinogen
,122-42-9

Propham
140
Systemic Toxicant
114-26-1

Propoxur (Baygon)
28
Systemic Toxicant
75-56-9

Propylene oxide
5,000
Carcinogen
129-00-0

Pyrene
210
Systemic Toxicant
100-86-1

Pyridine
7
Systemic Toxicant
R




7440-14-4

Radium
5 pCi/L
Primary Standard
121-82-4

RDX (Hexahydro-1,3,5-trinitro-1,3,5-triazine)
10
Carcinogen
83-79-4

Rotenone
28
Systemic Toxicant
1071-83-6

Roundup (Glyphosphate)
700
Primary Standard
Page 48

-------

GUIDANCE CONCENTRATIONS


CAS ft
PARAMETER
CONCENTRATION
ug/L.
CHAPTER





s




7782-49-2

Selenium
50
Primary Standard
63-25-2

Sevin (Carbaryll
700
Systemic Toxicant
7440-22-4

Silver
100
Secondary Standard
93-72-1

Silvex (2,4,5-TP)
50
Primary Standard
122-34-9

Simazine
4
Primary Standard
7440-28-0

Sodium
160,000
Primary Standard
7440-24-6

Strontium
4,200
Systemic Toxicant
100-42-5

Styrene (Vinyl benzene)
100
Primary Standard
14808-79-8

Sulfate
250,000
Secondary Standard
T




93-76-5

2,4,5-T (2,4,5-Trichlorophenoxyacetic acid)
70
Systemic Toxicant
1746-01-6

2,3,7,8-TCDD (Dioxin)
0.000003
Carcinogen
34014-18-1

Tebuthiuron
490
Systemic Toxicant
542-75-6

Telone (DCP, 1,3-Dichloropropene)
1
Carcinogen
116-06-3

Temik (Aldicarb)
7
Systemic Toxicant
5902-51-2

Terbacil
91
Systemic Toxicant
13071-79-9

Terbufos
0.18
Systemic Toxicant
95-94-3

1,2,4,5-Tetrachlorobenzene
4
Systemic Toxicant
630-20-6

1,1,1,2-Tetrachloroethane
1
Carcinogen
79-34-5

1,1,2,2-Tetrachloroethane
0.2
Carcinogen
127-18-4

Tetrachloroethylene (Perchloroethylene)
3
Primary Standard
56-23 5

Tetrachloromethane (Carbon tetrachloride)
3
Primary Standard
58-90-2

2,3,4,6-Tetrachlorophenol
210
Systemic Toxicant
3689-24-5

Tetraethyldithiopyrophosphate
3.5
Systemic Toxicant
7440-28-0

Thallium
2
Primary Standard
Page 49

-------

GUIDANCE CONCENTRATIONS




CONCENTRATION
CHAPTER
. CAS tt
parameter
iig/L





21564-17-0

2-(Thiocyanomethylthio)-Benzothiazole
210
Systemic Toxicant
137-26-8

Thiram
35
Systemic Toxicant


Tin and compounds
4,200
Systemic Toxicant
108-88-3

Toluene
1,000
Primary Standard
108-88-3

Toluene
40
Secondary Standard
95-80-7

Toluene-2,4-diamine
100
Carcinogen
95-53-4

o-Toluidine (2-Methylaniline)
50
Carcinogen
106-49-0

p-Toluidine
150
Carcinogen
C-010

Total Dissolved Solids (TDS)
500000
Secondary Standard
8001-35-2

Toxaphene
3
Primary Standard
93-72-1

2.4.5-TP (Silvex)
50
Primary Standard
120-82-1

1.2.4-Trichlorobenzene
70
Primary Standard
71-55-6

1,1,1 -T richloroethane
200
Primary Standard
79-00-5

1.1,2-T richloroethane
5
Primary Standard
79-01-6

Trichloroethylene (Trichloroethene, TCE)
3
Primary Standard
75-69-4

Trichlorofluoromethane (CFC11)
2,100
Systemic Toxicant
95-95-4

2,4,5-Trichlorophenol
4
Organoleptic
88-06-2

2,4,6-Trichlorophenol
10
Carcinogen
93-72-1

(2,4,5-Trichlorophenoxy)propionic acid (2,4,5-TP)
50
Primary Standard
96-18-4

1,2,3-Trichloropropane
42
Systemic Toxicant
76-13-1

1,1,2-Trichloro-1,2,2-trifluoroethane
500,000
Systemic Toxicant
1582-09-8

Trifluralin
5
Carcinogen


Trihalomethanes, Total
100
Primary Standard


Trimethyl benzenes
10
Organoleptic
512-56-1

Trimethyl phosphate
50
Carcinogen
99-35-4

1,3,5-Trinitrobenzene
60
Systemic Toxicant
118-96-7

2,4,6-Trinitrotoluene
10
Carcinogen
786-19-6

Trithion
12
Systemic Toxicant



Page 50

-------

GUIDANCE CONCENTRATIONS


CAS tf
PARAMETER
CONCENTRATION
iug/L
CHAPTER





V




7440-62-2

Vanadium
49
Systemic Toxicant
51235-04-2

Velpar (Hexazinone)
231
Systemic Toxicant
108-05-4

Vinyl acetate
250
Organoleptic
75-01-4

Vinyl Chloride (Chloroethylene)
1
Primary Standard
110-75-8

Vinyl 2-chloroethyl ether (2-Chloroethyl vinyl ether)
1
Systemic Toxicant
X




1330-20-7

Xylenes (total)
10,000
Primary Standard
1330-20-7

Xylenes (total)
20
Secondary Standard
105-67-9

m-Xylenol (2,4-Dimethylphenol )
400
Organoleptic
Z




7440-66-6

Zinc
5,000
Secondary Standard
12122-67-7

Zineb
350
Systemic Toxicant
Page 51

-------
Page 52

-------
W&Ytm ©QMtO W
;ti©TPK@[MO© ©MiLtiYON] ©@^03®
'orida's Department of Environmental Regulation, Ground Water Quality Monitoring
.ction announces the availability of background ground water quality data to
ar.yone with access to a computer with a modem. We have on-line access to the
entire background water quality data base, open to the ground water professional
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'GWIS' GENERALIZED WELL INFORMATION SYSTEM is the name of the program
you can do retrievals on. ft includes data on over 1500 wells in all the major
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located in every county but Monroe and include all major urban areas. Data can
be extracted from the data base while the user is on-line, then transferred to the
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software can be downloaded and retrievals run on the user's own IBM compatible
personal computer to further reduce costs.
Access is available to all responsible users with no subscription fee or access cost
— the only cost is for the telephone call. First time users will be allowed full access
on the first call, after answering a few registration questions. The bulletin board
system can handle 300 up to j u ty ^ baud C2l!s using industry standard
communication parameters of No Parrty, 8 data bits, and 1 stop brt(n-S-l) - the
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This information is brought to you by the Florida Department of Environmental Regulation. Ground
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expected in any reports.
Page 52

-------
EPA/DEP/Industry Workshop
Trends in Corrective Action
August 12 -14,1997
Clearwater Beach, Florida

-------
United States Office of Solid Waste EPA 9902 3 1a
Environmental Protection and Emergency Response July 1992
Agency	Washington, DC 20460	PB92-9636H
Office of Waste Programs Enforcement
&EPA Corrective Action Glossary

-------
CORRECTIVE ACTION GLOSSARY
Office of Solid Waste and Emergency Response
Office of Waste Programs Enforcement
U.S. Environmental Protection Agency
401 M St. S.W.
Washington, D.C. 20460

-------
NOTICE
This document has been reviewed in accordance with U.S. Environmental Protection
Agency policy and approved for publication. Mention of trade names or commercial
products does not constitute endorsement or recommendation for use.
ii

-------
CORRECTIVE ACTION GLOSSARY
INTRODUCTION
This glossary of technical terms was prepared to facilitate the use of the Correc-
tive Action Plan (CAP) issued by OSWER on November 14, 1986. The CAP presents
model scopes of work for all phases of a corrective action program, including the RCRA
Facility Investigation (RFI), Corrective Measures Study (CMS), Corrective Measures
Implementation (CMI) and interim measures.
Many technical terms are used in the CAP (e.g., matrix-spike, surrogate samples,
attenuation capacity, hydraulic conductivity, etc.). The Corrective Action Glossary
includes brief definitions of the technical terms and explains how they are used (e.g.,
field blanks are used to determine whether contamination is introduced through the
sample collection activities or from the sampling environment). In addition, expected
ranges (where applicable) are provided (e.g., hydraulic conductivity for sandy soil is
expected to be 1x10^ cm/sec). Parameters or terms not discussed in the CAP, but
commonly associated with site investigations or remediations are also included.
This document is not intended as a stand-alone site investigation/remediation
guidance, but as a supplement to other guidance such as the RCRA Facility Investigation
(RFI) Guidance (OSWER Directive 9502-00-6D). RCRA guidance documents can be
ordered by contacting the RCRA Docket Information Center, U.S. EPA, Washington,
D.C., (202) 260-9327 or the Center for Environmental Research Information (CERI) in
Cincinnati, Ohio, (513) 569-7562 or (FTS) 684-7562.
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CONTENTS
Section	Page
NGtice 	ii
INTRODUCTION 	3
GLOSSARY 	4
APPENDICES 	48
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GLOSSARY
Absorption
Description: Penetration of a substance into another. Commonly used to refer to
absorption of a gas by a liquid.
Application: Examples include: (1) infusion of oxygen into (subsurface) water for
bioremediation; (2) absorption of TCE by leachate; (3) scrubbing or removing gases (for
example, SOx, NOx, CH4) by a liquid solvent to purify a gas stream before venting the
gas stream to the atmosphere.
Adsorption
Description: A two-dimensional process in which one substance is attracted to and
adheres on the surface of a solid substance such as unsaturated soil, aquifer material, or
activated carbon. Typically, chemicals move to a solid phase from a fluid phase that may
be water, gas, or non-aqueous phase liquid (NAPL). Rate and extent of adsorption
depends upon characteristics of the adsorbing agent as well as the chemical(s) and the
phase in which the chemical occurs, and therefore generally are measured in laboratory
or field tests. In some cases adsorption may be reversed and the adsorbed material may
move into a fluid phase from a solid phase, referred to as desorption or stripping.
Application: Adsorption of a chemical from a water phase by an adsorbing agent such
as subsurface aquifer material is commonly used to evaluate efficacy of pump and treat
remediation. The following quantitative relationship is used: Kd = Cs/Cw, where Kd is
the partition coefficient that expresses relative concentration of a chemical in soil, Cs is
defined as concentration of chemical in the soil phase (mg/gm), and Cw is defined as
concentration of chemical in the water phase (mg/ml). Thus, units of Kd are ml/gm.
The value of K,j is often used to evaluate the effect of adsorption on retardation of rate
of movement of a chemical compared with rate of movement of water in the subsurface.
The relevant expression is: R = 1 + r Kd/n, where R is a retardation factor which
quantitatively expresses the ratio of velocity of water to velocity of the chemical, r is the
bulk density, Kj is the partition coefficient, and n is the porosity of aquifer material. As
an example, for a specific chemical/aquifer system with values for r of 1.4 gm/ml, Kd of
10 ml/gm, and n of 0.30, the value of R is 47.7, indicating that water will move by
advection through the subsurface at a rate that is 47.7 times faster than the rate of
movement of the chemical. Therefore, the volume of water required to remove the
chemical during pump and treat would be 47.7 more than one pore volume of aquifer
material to remove the chemical. Concerning metals, adsorption generally increases with
increasing pH; however, adsorption of arsenate and arsenite forms will generally increase
with decreasing pH.
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Adsorbing agent [adsorbent]
Description: A substance that has the ability to condense or hold molecules of other
substances on its surface.
Application: Examples include: (1) soil materials acting as adsorbing agents for
chemicals present in water (leachate) and gas phases in unsaturated and saturated
subsurface environments; (2) activated carbon used as an adsorbing agent to "scrub"
volatile organic chemicals present in off-gas emissions as a result of air stripping of
contaminated ground water.
Adsorbing reagent
Description: An adsorbing agent used to detect or measure molecules that sorb on its
surface.
Application: For example, Draeger tubes, used in field sampling and analysis, contain an
adsorbing agent that colorimetrically indicates concentrations of volatile organic
compounds.
Alkalinity [of water]
Description: Acid-neutralizing capacity of a water. Alkalinity is a measure of capacity of
water to neutralize acids. It is primarily a function of bicarbonate, carbonate, and
hydroxide content. Alkalinity, usually expressed as milligrams/liter (mg/L) of calcium
carbonate (CaC03), is a measure of buffering capacity (resistance to alteration in pH) of
water. Most natural waters have substantial buffering capacity through dissolution of
carbonate-bearing minerals creating a carbonate/bicarbonate buffer system. Some
components of alkalinity will combine with toxic heavy metals and greatly reduce their
toxicity.
Application: Alkalinity is a widely used indicator to characterize water; it may also help
define an appropriate treatment for wastes. The pH of waters with low alkalinity are
more easily modified. This is useful when lowering pH is desirable (i.e., in order to
leach many metals in the process of soil washing or flushing), or conversely, increasing
pH in order to precipitate metals in the process of immobilization or attenuation.
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Appendix VIII constituents
Description: Appendix VIII in 40 CFR Part 261 is EPA's list of RCRA hazardous
constituents. It is comprised of chemicals which have toxic, carcinogenic, mutagenic or
teratogenic effects on humans or other life forms. It includes chemicals from the priority
pollutants list under the Clean Water Act, chemicals considered hazardous to transport
under Department of Transportation, chemicals identified as carcinogens by EPA's
Carcinogen Assessment Group, and chemicals which have a high acute toxicity as
identified by NIOSH's Registry of Toxic Effects of Chemical Substances list. There are
currently 418 chemicals or classes of chemicals on Appendix VIII.
Application: The main purpose of Part 261, Appendix VIII is to identify the universe of
chemicals of concern under RCRA. EPA uses Appendix VIII to determine if a waste
contains hazardous constituents and therefore should be considered for listing under 40
CFR Section 261.11 (Appendix VIII, however, should not be used by a generator
identifying hazardous waste under Part 261, Subparts C & D. Appendix VIII is much
broader than the actual hazardous waste lists in 40 CFR Sections 261.31-261.33.).
Owners/operators of RCRA facilities use Appendix VIII for hazardous waste analysis
before incineration and when demonstrating clean-closure.
Appendix IX constituents
Description: Appendix IX in Part 264 is comprised of those constituents on the Part 261
Appendix VIII list, for which it is feasible to analyze in ground-water samples, plus 17
chemicals routinely monitored in the Superfund program.
Application: Pursuant to 40 CFR Part 264, Subpart F Ground-Water Monitoring
requirements, owner/operators of land-based hazardous waste disposal facilities that
have shown statistically significant increases over background concentrations for indicator
parameters, waste constituents, or reaction products, must analyze samples from all
monitoring wells at the compliance point to determine where Appendix IX constituents
are present and at what concentrations. This analysis must be conducted at least
annually.
ASTM classification [of soil]
Description: Definitions of soil types developed by the American Society for Testing and
Materials (ASTM). These definitions are primarily based on soil grain size, plasticity,
and strength.
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Application: This information aids in estimating effects of a soil on infiltration and
retardation of chemicals and leachates and can give an indication of hydraulic
conductivity. For example, retardation of a chemical generally increases as clay content
increases. Greater hydraulic conductivity makes it more feasible to introduce materials
such as water, air, oxygen, etc., to accomplish remediation using pump and treat, soil
washing and flushing, bioremediation, soil vacuum extraction, etc.
Atmospheric pressure
Description: Pressure exerted by air, also known as barometric pressure. This pressure is
14.696 pounds per square inch (psi) at sea level, where it will support a column of
mercury 760 mm high (approximately 30 inches). Atmospheric pressure decreases with
altitude.
Application: Atmospheric pressure affects water levels in piezometers under confined
conditions, and should be considered when measuring water levels in a confined system.
Changes in atmospheric pressure can also affect soil gas migration, and may result in
"barometric pumping" of volatile chemicals out of surface soils into the atmosphere.
Attenuation capacity
Description: Ability or tendency of a hydrogeologic unit to retard the transport rate, or
reduce concentrations of hazardous constituents migrating through the unit.
Contaminants present in soil or geologic materials with a low attenuation capacity are
transported greater distances over a given time than in materials with a high attenuation
capacity. While slow-moving contaminants may take longer to reach a receptor, high
attenuation capacity may also increase time and cost required to achieve cleanup criteria.
Application: Attenuation capacity often refers to ability of subsurface systems to
immobilize metals. Attenuation capacities are indicated by high cation exchange
capacity (CEC), high clay content, and high organic matter (OM) or organic carbon
(OC).
Bacteria
Description: Microscopic, usually single-celled, prokaryotic organisms which reproduce
by binary fission. Bacteria play an important role in ecological processes, and are
characterized by very diverse metabolic capabilities. The vast majority of bacteria are
harmless or beneficial to man; many are essential.
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Application: Bacteria play a vital role in environmental processes. Their primary
function is to decompose or biodegrade complex organic molecules in nature. Therefore,
they are vital in carbon and nutrient cycling in natural systems. Bacteria are utilized in
treatment of both domestic and industrial wastes. Biodegradation of toxic or hazardous
wastes requires healthy populations of bacteria capable of metabolizing specific
molecules, (see Bioremediation)
Bench scale - see Treatability Studies
Bioaccumulation
Description: The processes whereby organisms remove contaminants present at non-
toxic levels from the surrounding environment, and accumulate or store these
contaminants in their tissues. Bioaccumulation often results in contaminant
concentrations within specific tissues or organs of exposed organisms which are much
higher than concentrations in the organism's surrounding environment (see
Bioconcentration). The concentration of contaminants often increases with each higher
step in the food chain as a result of bioaccumulation (see Biomagnification).
Application: Bioaccumulation should be considered when evaluating the impact of
releases on receptors and in migration pathways during risk assessments. Many organic
contaminants such as PCBs and pesticides tend to accumulate in fatty tissues. The
octanol:water partition coefficient (K^) of an organic contaminant may indicate
tendency of a chemical to partition between fat tissue (assumed to be similar to octanol)
and water, and therefore indicate tendency to concentrate in body fat tissue after intake
from water or food. Metals such as mercury and lead also tend to accumulate in target
organs, and are often concentrated in bacterial or plant biomass.
Bioassay
Description: A test used to evaluate the biological effects of a chemical or a mixture of
chemicals by measuring its (their) effect on a living indicator organism.
Application: Bioassays are commonly used to evaluate the effect of chemical addition on
soil microbial activity, and therefore indicate potential adverse effect on bioremediation
processes. Commonly used bioassays include soil respiration measured as C02 evolution,
dehydrogenase activity, and nitrification potential. A decrease in activity indicates
potential adverse effects on bioremediation rate and extent. Other tests that measure
toxic effects on non-soil organisms to assess the rate and extent of detoxification of a
waste/soil mixture include the Ames Salmonella typhimurium/mammalian microsome
mutagenicity test to measure aqueous and solid phase changes in mutagenicity, and the
Microtox assay to measure changes in the toxicity of leachate.
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Bioconcentration
Description: The result of bioaccumulation. Long-term exposure to contaminants which
bioaccumulate can lead to gradual increases in contaminants within individual organisms.
Concentration of contaminants in specific tissues or target organs can therefore increase
to toxic levels even though exposures are below acute toxicity thresholds. Common
locations where contaminants bioconcentrate include bacterial cell walls and inclusion
bodies, plant roots and leaves, and fatty tissues of animals (fat, liver, reproductive
organs)
Application: Extent of bioconcentration is useful in evaluating exposure scenarios in risk
assessment. This is usually done through quantitative calculation of bioconcentration
factors (BCF).
Bioconcentration Factor (BCF)
Description: Ratio of the concentration of the constituent in the whole body of an
organism (e.g., a fish) or specific tissue (e.g., fat, liver) to the concentration in water.
Application: Bioconcentration factors are often estimated to be proportional to the
octanol/water partition coefficient (kow). Constituents exhibiting a BCF greater that 1.0
indicate bioaccumulation, and thus potential magnification of risk. Generally,
constituents exhibiting a BCF greater than 100 cause the greatest concern.
Biochemical oxygen demand (BOD)
Description: BOD is the amount of dissolved oxygen required to meet the metabolic
needs of aerobic microorganisms in water high in organic matter, such as sewage. While
BOD measures only biodegradable organics, non-biodegradable materials can exert a
demand on the available oxygen in an aquatic environment. BOD may be a useful
indicator parameter if a release is due primarily to degradable organic wastes. National
Pollution Discharge Elimination System (NPDES) effluent discharge limits for BOD are
industry specific.
Application: BOD is measured quantitatively as mg/L of oxygen required to satisfy the
oxygen demand of chemicals present in a liter of water, and is usually reported as oxygen
requirement over a 5-day period (i.e., BOD5). A major assumption is often made that
the consumption of oxygen by microorganisms in the presence of a chemical is an
indication of the biodegradation of the chemical. The relative aerobic biodegradability
of chemicals may be ranked using BOD5 to indicate the relative oxygen demand.
Chemicals that may be biodegradable at a low concentration may be toxic to
microorganisms at the concentration used in the BOD5 test and, therefore, may not
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biodegrade under test conditions. Industrial and other hazardous chemicals may be
biodegradable, but require bacterial seeds adapted to the compounds before yielding an
accurate BOD test.
Biodegradability
Description: Tendency of a substance to break down or decompose as a result of the
metabolic activities of microorganisms. Factors that affect biodegradability of
contaminants include chemical characteristics (concentration, molecular structure, and
toxicity of the contaminants), and environmental characteristics (moisture content,
presence or absence of oxygen or other electron acceptors in the soil, availability of
contaminants to micro-organisms, availability of other organic and inorganic nutrients for
metabolism, and other factors such as pH and temperature), and microbial
characteristics (microbial populations and microbial adaptation or acclimation).
Transformation products often have different physical, chemical and/or toxicological
characteristics than the original contaminants. These products also may be hazardous
constituents and should be considered in developing monitoring programs.
Application: Biodegradability potential of a compound is important in determining
feasibility of using bioremediation as a treatment technology. The greater the
biodegradation potential of a compound, the greater is the susceptibility of the
compound to a bioremediation process. Biodegradability is often expressed
quantitatively as "half-life", or time required to decrease chemical concentration by 50%.
Most commonly, half-life is calculated based on a first-order kinetic model as follows: t1/2
= -0.693/k, where t1/2 is the half-life value, -0.693 is the natural logarithm of 0.5, and k is
the slope of the line describing decrease in concentration of a chemical with increase in
time of reaction. Half-life values are calculated for specific chemical/environmental
conditions as described above. Shorter half-lives indicate higher biodegradation
potential. Estimates of aerobic biodegradability for several compounds are provided in
Table 3 of Appendix 1.
Biomagnification
Description: Increasing concentration of contaminants with each higher step in
ecosystem food chains as a result of bioaccumulation. Critical levels of contaminants
may occur within specific populations high in ecological food chains. Predators such as
raptors and fish therefore can receive much higher doses of contaminants than indicated
by ambient environmental concentrations.
Application: The classic example of biomagnification is the impact of the pesticide DDT
on bird-of-prey (raptor) populations. Reproductive failures in many raptor populations
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in the early 1960s were shown to be caused by high concentrations of DDT in
reproductive tissues. The source of DDT was traced to prey populations.
Bioremediation
Description: Includes any of a variety of engineered treatment alternatives which utilize
biological degradation or transformation of waste components to achieve remediation
goals. Bioremediation systems can be grouped into ex-situ and in-situ approaches.
Types of systems include solid (soil), aqueous (ground water, leachate), or mixed phase
(slurry, subsurface aquifer).
Application: Many contaminants are biodegradable under appropriate conditions.
Biodegradation represents a solution rather than a disposal technology; however, various
types of bioremediation systems are being evaluated as cost-effective alternative
technologies. Ex-situ treatment systems include prepared bed soil reactors, composting,
soil slurry bioreactors, bioreactors for extracted ground water, forced-air soil pile
approaches, etc. In-situ systems include surface soil systems, recirculating ground water
(saturated zone), bioventing (unsaturated zone), and combination approaches.
Performance evaluations for this area of developing technology are beginning to be
performed in full scale demonstrations.
Biotransformation [of the waste]
Description: Refers to partial alteration of a parent compound into intermediate
products by microorganisms. Intermediate products may be less or more toxic than the
parent compound. This is an important process to consider when selecting constituents
to monitor, as both parent and intermediate constituents may be transformed over time.
Samples generated from different phases of the subsurface in microcosm studies can be
analyzed for intermediate product generation and degradation in order to evaluate the
rate and extent of treatment of a parent compound.
Application: An example of a biotransformation reaction that results in formation of a
more toxic intermediate compound is the conversion, under anaerobic conditions, of
trichloroethylene (TCE) to vinyl chloride (VC). VC is a known human carcinogen and is
more persistent under anaerobic conditions than TCE. Under aerobic conditions, TCE
may be biotransformed to TCE-epoxide, an intermediate that is toxic to microorganisms
transforming TCE. Another example is biotransformation of polycyclic aromatic
hydrocarbons (PAHs) in the human liver and by some soil fungi to chemical epoxide
intermediates, which are mutagenic, but can be easily degraded biologically and
chemically through hydrolytic mechanisms.
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Blanks [analytical, quality assurance]
Description:
Equipment blanks (or rinsate blanks) - Laboratory-distilled, deionized water that
is poured through decontaminated field equipment and then collected in sample
bottles for analysis. Equipment blanks are used to determine whether
contamination was introduced from sample collection equipment.
Field blanks - A water sample collected for analysis by placing laboratory
distilled, deionized water directly into a sample container in the field during and
at the location of field samples. Field blanks are used to determine whether
contamination is introduced from sample containers or sampling methodology,
such as contact with air.
Method blanks - Laboratory-distilled, deionized water that is subjected to the
same laboratory procedures as samples. Method blanks are prepared and
analyzed in the laboratory to determine whether contamination is introduced from
the analytical process.
Trip blanks - Laboratory-distilled, deionized water in a sample container that
accompanies empty sample bottles to the field as well as samples returning to the
laboratory for analysis. Trip blanks are used to determine whether contamination
was introduced to the sample from air on the site or during shipping or storage.
Bulk density
Description: Mass of dry soil per unit volume, including air space. Bulk density values
are affected by soil structure (for example, degree of compaction) and texture (for
example, clay content and type). Dry bulk density values are typically 1.6 - 1.8 g/cm3for
sandy soils, 1.3 - 1.6 g/cm3 for loamy soils, and 1.0 -1.3 g/cm3 for clayey soils and soils
high in organic content.
Application: Bulk density values can give an indication of porosity of a soil, which is
important in evaluation of permeability and in selection of remedial technologies.
Porosity is calculated by: % Porosity = (1 - Bulk Density/Particle Density) x 100, where
particle density is defined as dry mass of soil particles divided by solid (not bulk) volume
of the particles. Bulk density values are also used in calculation/characterization of
retardation of contaminants (See Adsorption).
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Calibration gases [zero and span]
Description: Gases used to calibrate sampling or analytical equipment.
Application: A zero gas is a gas that has been certified as being free from contaminants
being measured; this gas is used to ensure that the scale on the instrument being
calibrated reads zero when no contaminants are present. A span gas is a standard gas
whose properties are well-known, and which is present at a known concentration; this gas
is used to ensure that the analyzer instrument is set for the concentration range of
contaminants to be measured.
Cation
Description: An ion having a positive charge (such as an oxidized metal) with a
tendency to attract anions and/or negative ends of molecules.
Application: Many metals are cations (for example, lead, zinc, trivalent mercury, and
cadmium). Quantitative application with regard to attenuation and treatment is in the
measurement of cation exchange capacity (CEC).
Cation exchange capacity (CEC)
Description: Ability of a formation or material to adsorb positively charged atoms or
molecules such as metal ions. For example, CEC typically ranges from 5 to more than
200 milliequivalents per 100 grams of subsurface material (meq/100 grams).
Application: CEC aids in predicting contaminant movement through soils and
availability of contaminants to geological systems. CEC is an important factor in
evaluating transport of lead, cadmium, and other toxic metals. Soils with a high CEC
will generally retain correspondingly high levels of these inorganics.
Chemical oxygen demand (COD)
Description: A measure of chemically oxidizable material in water or wastewater,
including organic as well as some inorganic chemicals such as sulfides. COD, generally
expressed as mg/L, may be a useful indicator parameter if a release is due primarily to
degradable organic wastes. NPDES effluent discharge limits for COD are industry
specific.
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Application: COD is generally used in combination with BOD5 values. COD may be
used to indicate presence of organic chemicals that are more recalcitrant or refractory to
microorganisms, and therefore are not reflected in the BOD5 test. When COD values
are high and BOD values are low for a sample, the waste may contain complex organic
chemicals that require treatment through physical or chemical processes rather than
through biological treatment.
Chemical transformation
Description: Chemical degradation processes, including chemical oxidation, reduction,
hydrolysis and photolysis, that change a chemical into one or more new chemical species.
This factor is important in evaluating fate of chemicals in the environment and should be
considered in designing sampling and analysis programs (see photolysis and hydrolysis).
Application: Chemical transformation may represent the major initial or subsequent
degradation pathways for many chemicals, and should be measured in treatability studies
in order to assess efficacy of utilizing chemical treatment methods. Chemical
transformations through hydrolysis are important for many pesticides as well as epoxides
or chlorinated aliphatic compounds. For example, TCE-epoxide can be easily hydrolyzed
in ground water and soil environments. Photolysis reactions are important for many
chemicals volatilizing into the atmosphere or present at the surface of soil.
Concentration profiles
Description: Graphical representations of the horizontal and vertical locations
(distribution) of contaminant concentration levels on maps and cross sections.
Application: Concentration profiles are prepared as part of site characterization
activities, and indicate the relative homogeneity or heterogeneity of contamination at a
site. These profiles help illustrate the nature, degree, and extent of contamination.
Based on this information, strategies are developed for placement of injection and
extraction wells for treatment as well as for monitoring well locations in order to match
treatment location with contamination location.
Conductivity [electrical, of water]
Description: A measure of the capacity of a water to conduct electric current (Also
known as specific conductance). Conductivity generally rises with increased concentration
of dissolved (ionic) species. The nature of dissolved substances, their actual and relative
concentrations, temperature, and ionic strength of the water sample affect specific
conductance. Conductivity is expressed as micromhos/cm.
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Application: Variations in specific conductance may indicate presence of contamination
release points. Waters with high salinities or high total dissolved solids can be expected
to exhibit high conductivity. The RCRA Ground-Water Monitoring Technical
Enforcement Guidance Document (September 1986, OSWER 9950.1) recommends using
conductivity as a real-time indicator of the representativeness of monitoring well water to
formation ground water. This application may be used when purging monitoring wells to
ensure collection of a representative sample.
Range of Values of Conductivity
Water type
Value (micromhos/cm)
Freshly distilled water
0.5-2.0
Raw and finished waters
50 - 500
Highly mineralized water
500 - 1,000
Control charts [laboratory, process]
Description: A graphical plot of test results to allow analysis and interpretation of
fluctuations of measurements on successive random samples. Control charts are based
on means and standard deviations derived from repetitious analysis of known quality
control standards. Control charts indicate whether the process or analytical method is in
control with respect to defined parameters.
Application: Control charts are used typically in chemical laboratories for verification of
quality of results. Quality assurance samples are analyzed on a regular frequency to test
validity of the method. Control charts are used in process monitoring over time, and are
important in ensuring internal quality control.
Demographics
Description: Vital statistics of human populations, including size, growth, density, and
distribution.
Application: This information aids in estimating human exposure to potential or actual
releases of contaminants, and therefore is used in risk assessment and risk management
models.
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Dense non-aqueous phase liquid (DNAPL)
Description: A liquid that is not miscible with water and has a density greater than
water (> 1.0 gm/ml). Examples include chlorinated solvents such as trichloroethylene
(TCE), tetrachloroethylene (PCE), 1,1,1-trichloroethane (TCA), carbon tetrachloride,
pentachlorophenols, dichlorobenzene, and creosote wood treating oils. (See LNAPL and
Density). DNAPLs may be present in the unsaturated as well as saturated zone. The
presence of DNAPLs complicates site characterization and generally decreases efficiency
of pump and treat systems in recovering subsurface contamination. The high density of
DNAPLs provides a driving force that can carry product deep into aquifers.
Application: With regard to site characterization, DNAPLs may be present in the
unsaturated zone in four phases: gaseous, solid, aqueous, and immiscible hydrocarbon
(DNAPL). For example, TCE introduced into the subsurface as a DNAPL may partition
onto soil, volatilize into soil gas, and solubilize into the water phase, resulting in
contamination of all four phases. In the saturated zone, TCE may also be present in the
solid, aqueous, and immiscible phases, but would not be present in a gas phase.
Information concerning chemical properties, therefore, is important for designing site
characterization plans and for taking site samples. The combination of high density and
low viscosity is important with regard to transport of DNAPLs in the subsurface.
Subsurface drains have been used for recovery of DNAPLs from relatively shallow
aquifers (approximately 20 feet below ground surface). A DNAPL recovery drainline is
placed below a water table depression drainline, and both lines are pumped to
accomplish in situ subsurface separation of oil and water.
Care must be taken when monitoring DNAPL in pools. For example, if the well
screen is located entirely in the DNAPL layer, the DNAPL will rise in the well if the
hydrostatic head of water is reduced by pumping or bailing. If the well screen extends
into the barrier layer, the DNAPL measured thickness will exceed that in the formation
by the length of the well below the barrier surface. Both of these scenarios will result in
a greater DNAPL thickness in the well and thus a false indication (overestimation) of
the actual DNAPL thickness will result (EPA 540/4-91/002).
Density
Description: Mass of a material contained in a specific volume. Generally expressed in
units of grams/cubic centimeter (g/cc). Density of a compound indicates whether the
compound is heavier or lighter than water. (Density of water is approximately 1.0 g/cc -
see Specific gravity). Liquid compounds with densities greater than 1.0 g/cc and of only
limited water solubility are referred to as dense non-aqueous phase liquids (see
DNAPLs) and may migrate vertically under influence of gravity. Liquid compounds with
densities less than water and of only limited water solubility are referred to as light non-
aqueous phase liquids (see LNAPLs).
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Application: Density information may be used to determine where a chemical spill or
release is likely to be found in the subsurface. DNAPLs may migrate downward under
influence of gravity until an impermeable layer is encountered. LNAPLs tend to remain
associated with the top of a water table and become smeared throughout a zone as a
result of water table fluctuation. Therefore, density information may be used to identify
where a waste is likely to migrate or be located in the subsurface. Values for this
parameter for selected contaminants are provided in Table 3 of Appendix 1.
Deposition area
Description: Physical location(s) where particles of contaminants, sediment, etc.
suspended in water (or air) fall out of suspension.
Application: Knowledge of past depositional environments helps identify stratigraphic
features that may influence contaminant migration. This information aids in identifying
and evaluating past and current releases to ground water, surface-water, or air migration
pathways.
Discharge [of ground water]
Description: Removal of water from the saturated zone to areas of discharge.
Generally, discharge areas are topographical lows at or near the surface of the land (i.e.,
streams, springs, wetlands, etc.). Discharge occurs in response to differences in hydraulic
head.
Application: This information helps determine ground-water flow direction and define
potential contaminant migration pathways. Ground water flows from areas of high
hydraulic pressure (head) toward areas of lower hydraulic pressure.
Dissolved oxygen (DO) profiles
Description: Graphical representation of dissolved oxygen as a function of depth or area
in lakes, rivers, ground water, unsaturated soil systems, etc., to obtain representative in
situ conditions which characterize redox status of the system. Dissolved oxygen is
generally expressed as mg/L or as percent of saturation. Profiles can be used to monitor
conditions at a specific point in time, or to monitor changes over time. Generally for
surface water, dissolved oxygen concentrations of less than 4 mg/L are not adequate to
support most aquatic life. In unpolluted surface water, oxygen is usually present in
concentrations of 8 mg/L or more. In unsaturated soils, a minimum air-filled pore space
of 10 percent is usually required for aerobic metabolism. Polluted ground-water systems
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are often depleted of oxygen as a result of bacterial degradation of the contaminants and
minimal re-aeration potential.
Application: Dissolved oxygen profiles may indicate presence of anaerobic or anoxic
zones where aerobic degradation may be inhibited. DO profiles may be used for
monitoring and sampling purposes. For example, when DO values at a contaminated
aquifer site increase from near zero to near saturation levels (about 10 mg/L),
bioremediation may be near completion. Core sampling and analysis may then be used
to confirm that no contamination remains in aquifer materials. This approach also may
be useful at a site where bioremediation is used for unsaturated soils, i.e., when surface
soil bioremediation or bioventing is being applied to the site. DO profiles may also be
useful in delineating areas of contamination. Areas of low DO in either soil gas or
ground water may indicate high metabolic activity resulting from presence of
biodegrading contaminants.
Dynamic viscosity
Description: Dynamic viscosity provides an indication of the ease with which a
compound (in its pure form) will flow. Dynamic viscosity has dimensions of mass per unit
length per unit time. The dynamic viscosity of water is approximately 1.0 centipoise (cp).
Application: Mobility of a compound in its pure form is inversely proportional to its
dynamic viscosity. Mobility can be rated as high for compounds with values less than 0.6
cp, moderate for compounds with values between 0.6 and 1.0 cp, and low for compounds
with values greater than 1.0 cp. Dynamic viscosity values for selected contaminants are
provided in Table 3 of Appendix 1.
Evapotranspiration
Description: Combined water loss due to free-water and soil- moisture evaporation, and
plant transpiration. Along with surface runoff, evaporation must be subtracted from total
precipitation to determine infiltration rates.
Application: Evapotranspiration rates are used to calculate infiltration rates, which are
required for the assessment of contaminant transport processes (e.g., leaching) in the
vadose (unsaturated) zone and recharge potential to the ground water. Also,
augmentation of evapotranspiration through use of vegetation may represent an
approach for decreasing downward migration of chemicals toward ground water and
allow destruction of contaminants within the vadose zone by chemical and/or biological
processes.
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Exchange capacity - See Cation exchange capacity (CEC).
Flash point
Description: Lowest temperature at which a liquid or volatile solid gives off sufficient
vapor to form an ignitable mixture with air.
Application: RCRA regulations in 40 CFR Part 261.21 use the flash point to determine
whether certain wastes exhibit the hazardous waste characteristic of ignitability. A liquid,
other than certain aqueous wastes, having a flash point less than 60° C (140° F) is a
RCRA hazardous waste.
Floodplain
Description: Area bordering a stream or river that becomes flooded when the stream or
river overflows its channel. These areas are typically defined as 10-, 50- and 100-year
floodplains.
Application: Delineation of a floodplain aids in evaluating potential for washout,
potential release to the surface-water migration pathway, design of remedial actions, and
assessment of siting of treatment, storage, or disposal facilities.
Freeboard
Description: Vertical distance between the brim of an open-topped tank or surface-
impoundment and surface of the waste contained in the tank or surface impoundment.
Application: RCRA regulations for hazardous waste tank systems and surface
impoundments (40 CFR Parts 264 and 265, Subparts J and K, respectively) require
owners or operators to maintain sufficient freeboard in uncovered tanks and surface
impoundments to prevent overtopping by wave or wind action or by precipitation.
Henry's Law
Description: Describes solubility of a gas in equilibrium with a liquid quantitatively as
Henry's law constant. Equilibrium partial pressure of a contaminant in air is
proportional to the solution concentration of contaminant.
Application: Henry's Law is applied in evaluating the tendency of contaminants to
volatilize out of water into surrounding air.
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Heme's Law Constant
Description: Indication of the partitioning ratio of a chemical between air and water
phases at equilibrium. Henry's law constant is directly proportional to vapor pressure of
a compound and inversely proportional to water solubility of a compound. The larger the
value of Henry's law constant for a chemical, the greater is the tendency of the
constituent to volatilize from water surrounding soil particles into soil pore spaces or into
air above the ground surface. Henry's law constant is strongly influenced by
temperature; for example, for many volatile hydrocarbons, Henry's law constant increases
about threefold for every 10° C temperature rise.
Application: Compounds with higher Henry's law constants (greater than 10"3 atm-
m /mole) are amenable to treatment with vacuum extraction technologies. The Henry's
law constant should also be considered in assessing potential for natural inter-media
transport of constituents from soil gas to the air. Henry's Law constant values for
selected contaminants are provided in Table 3 of Appendix 1.
Hydraulic Conductivity
Description: A measure of soil or aquifer permeability (i.e., the ease with which water
at the prevailing viscosity will flow through soil or aquifer materials.) Hydraulic
conductivity is dependent on porosity, grain size, sorting, consolidation, cementation,
fracturing, and other soil and rock factors. Units are commonly given as
centimeters/second, gallons per day/square foot, feet/day, or meters/day. Saturated
hydraulic conductivity occurs when all of the pore space (porosity) is filled with fluid,
generally water, and is a constant for a given system. Unsaturated hydraulic conductivity
occurs when part of the pore space is filled with air and therefore the available cross-
sectionai area available for water flow is reduced. Consequently unsaturated hydraulic
conductivity is a function of water content and is always less than saturated hydraulic
conductivity for the same subsurface material. Appendix 2 provides hydraulic conductivity
unit conversions.
Application: Hydraulic conductivity is used to evaluate flow through porous media using
Darcy's Law, Q = -KA (dh/dl), where Q is in units of volume/time, K is the hydraulic
conductivity (length/time), A is the cross-sectional area for flow (distance2), and (dh/dl)
is the hydraulic gradient. The negative sign indicates that flow is in the direction of
decreasing gradient (decreasing hydraulic head). An aquifer or unsaturated soil of high
conductivity will allow greater fluid flow (water or air ) and also greater free product
recovery than a subsurface characterized by low hydraulic conductivity for a given
hydraulic gradient. However, contaminant transport and spreading will also be
correspondingly greater with greater hydraulic conductivity unless the hydraulic gradient
is zero. A value for hydraulic conductivity lower than 10 cm/sec will limit the efficacy
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of pump and treat for remediation; a value lower than 10'5 cm/sec will limit the efficacy
of soil flushing and in situ bioremediation.
Range of Typical Values of Hydraulic Conductivity
Geologic Formation	cm/s
Unconsolidated Deposits:
Gravel
10"1
- 102
Sand
lO"5
- 1
Silt
10"7
- 10"3
Clay
10-io
- 10'7
Rocks:


Permeable basalt
10"5
-1
Karst limestone
10"
-1
Sandstone
10'8
- 10"
Limestone, dolomite
10"7
- 10"
Shale
10"11
- 10"7
Fractured igneous and


metamorphic rocks
10"6
- 10'2
Unfractured igneous and
10"12

metamorphic rocks
- 10"8
Hydraulic Gradient
Description: Change in static head per unit distance in a given direction. The hydraulic
gradient defines direction of flow and may be expressed on maps of water level
measurements taken at a facility. Ground water flow velocity is directly related to
hydraulic gradient. Both vertical and horizontal gradients should be characterized.
Application: Hydraulic gradient information is used in conjunction with hydraulic
conductivity to determine the rate at which water will flow through an aquifer. Flow rate
may be increased by increasing the hydraulic gradient to move more water through the
subsurface for pump and treat or soil washing remediations, or for application of
nutrients for bioremediation. Conversely, flow may be decreased by decreasing the
hydraulic gradient to move water more slowly for containment or to reduce the further
spread of contamination on-site and off-site.
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Hydrolysis
Description: The chemical reaction of a compound with water or an aqueous solution to
form a new compound containing a carbon-oxygen bond.
Application: Hydrolysis is a significant environmental degradation process for many
organic chemicals and is dependent upon acidity and hydroxyl ion concentrations. For
example, hydrolysis of TCE-epoxide is an important environmental reaction in the
chemical degradation of TCE. This process should be considered in designing
remediation as well as sampling and analysis programs. The following table provides
examples of hydrolysis rates for specific compound types:
Range of Hydrolysis Values for Selected Compounds
Organic Compound Type	Half-Life(average)
Alkyl and benzyl halides
2 hours
Epoxides
1 day
Aliphatic acid esters
6 days
Alkyl halides
9 days
Phosphoric acid/thiophosphoric acid esters
100 days
Carbamates
4 years
Aromatic acid esters
15 years
Polyhalomethanes
100 years
Phosphoric acid esters/Dialkylphosphonates
220 years
Amides
500 years
In situ methods
Description: Methods or technologies that can be used to remediate or analyze
contamination directly in the environmental media where the contamination is located.
Contaminated material is not removed but is treated or analyzed in-place.
Application: Chemical, physical, and biological processes applied for in situ treatment
have been described and documented, including applications and limitations, in the
following U.S. EPA publications: (1) Review of In-Place Treatment Technologies for
Contaminated Surface Soils, Volumes 1 and 2, EPA-540/2-84-003a,b; (2) Handbook on
In Situ Treatment of Hazardous Waste Contaminated Soils, EPA/540/2-90-002; and (3)
Bioremediation of Contaminated Surface Soils, EPA/600/9-89/073.
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Infiltration
Description: The first of three stages of liquid transmission in the vadose zone; the
second is identified as percolation; the third is recharge. Infiltration is the flow of a fluid
(usually water, which possibly may contain contaminants) across the land surface into a
subsurface area. Infiltration usually is the downward flow of fluids through soil layers or
movement of ground water into another subsurface area. Infiltration losses in canals and
impoundments are generally described as "seepage" losses. Infiltration rates decrease
with time after the onset of rainfall and ultimately reaches an approximately constant
rate. Factors affecting infiltration of water and contaminants include soil texture, soil
structure, initial water content, presence of shallow impeding layers or water tables,
water temperature, entrapped and confined air, and biological activity. Typical values
are, for clay, less than 0.1 inch/hour, and for sand, more than 2.0 inches/hour.
Application: Infiltration values are used to estimate recharge and contaminant loading
to aquifers, and therefore are used in fate and transport analyses, assessment of spread
of contamination, assessment of remediation alternatives, and exposure assessments.
One form of quantitation of infiltration is given by the Green and Ampt equation:
V; = K[(HW+ L(-hJ/L(],
where V, is the infiltration rate, K is the hydraulic conductivity of the wetted zone, Hw is the
depth of water above the soil, hcr is the critical pressure head for soil wetting, and Lf is the
depth of the wetting front. A simpler relationship using infiltration is the calculation of pore
velocity through the vadose zone, assuming long-term (greater than one month) infiltration
data: v = I/O, where v is the pore velocity, I is the infiltration rate, and O is the average
long-term steady state soil moisture content. As an example, if the long-term intake rate
of a pond is two feet per day, and the water content of the vadose zone is 25 percent, the
average velocity would be 2/0.25 = 8 feet per day. If the water table is 100 feet below
ground surface, the travel time of fluids to the water table would be 100/8 = 12.5 days.
Interferences
Description: Undesired responses of analytical equipment caused by a substance in the
sample matrix other than the one being measured.
Application: Interferences may result in analytical results that are either too high or too
low. Interferences may be evaluated by spiking the sample matrix with known chemicals
and measuring the efficiency of recovery from the matrix. Trapping of the compound in the
matrix results in low percent recovery, and are referred to as negative interference.
Recovery of more than 100% of the spike implies that the matrix contains some compound
which is "perceived" incorrectly as the analyte. These interferences are known as positive.
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Inversions [temperature, air]
Description: Usually refers to temperature inversions, an atmospheric condition caused
when a layer of warm air prevents mixing or escape of cooler air trapped beneath it.
Application: Inversions trap contaminants that might otherwise be dispersed, resulting in
higher environmental concentrations and exposures to receptors. Thermal inversions often
occur in situations where cities are located in geographic settings such as valleys or bowls
where air masses can be trapped. Air quality at sites located in such areas may be adversely
impacted by inversions, and Corrective Action Plans should take this into consideration.
Ion exchange capacity - See Cation exchange capacity (CEC).
Isopleth plots
Description: Maps consisting of lines depicting points of equal value (for example,
elevation, contaminant concentrations or any quantity that can be numerically measured and
geographically plotted). Isopleths often represent an approximation of contamination, not
the actual distribution of a substance. Isopleths may overlook major heterogeneities in
contaminant distribution, e.g., if a sample is from a clay lens in a sandy aquifer, the resulting
isopleth may be inaccurate. The method used to create isopleth plots (Kriging, triangulation,
"professional judgement", variogram analysis, etc.) should be documented.
Application: Isopleth plots can be used to assist in site characterization as well as to assess
rate and extent of remediation in a 3-dimensional framework. Plots can be used to show
3-dimensional patterns of decrease in contamination concentration in a soil profile as a
result of treatment.
Kinematic viscosity
Description: Ratio of dynamic viscosity to density. Kinematic viscosity of a compound
provides an indication of the ease with which the compound (in its pure form) will percolate
through the subsurface. The lower the kinematic viscosity of a compound, the greater will
be its tendency to migrate in a downward direction.
Application: Kinematic viscosity is of particular importance with regard to the movement
of DNAPLs in aquifers. The lower the kinematic viscosity of a DNAPL, the greater will be
the ease with which the DNAPL will move downward and penetrate the finer grained layers
in the subsurface. The kinematic viscosity of water is approximately 1.0 centistokes (cs).
Mobility can be rated as high for compounds with values less than 0.4 cs, moderate for
compounds with values between 0.4 and 0.8 cs, and low for compounds with values greater
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than 0.8 cs. Values for this parameter for selected contaminants are provided in Table 3
of Appendix 1.
Laboratory scale - see Treatability Studies
Leachability
Description: Dissolution of soluble constituents from waste, soil, rocks, or other media by
the action of aqueous solutions. This factor aids in evaluating potential for migration of
contaminants from a contaminated media, such as a landfill.
Application: Leachability of a compound is directly related to water solubility which governs
extent to which a compound will partition in the aqueous phase. Water solubility has been
ranked high for chemicals present at concentrations greater than 1,000 mg/L, moderate for
chemicals present at concentrations between 1 and 1,000 mg/1, and low for chemicals
present at concentration less than 1 mg/L. Leachability can also be evaluated using the
relationship between concentration of a chemical in soil and in water when the system is at
equilibrium: Kd = Cs/Cw (See Adsorption).
Light non-aqueous phase liquids (LNAPL)
Description: A liquid that has a density less than water and therefore floats above the water
table. Examples include automotive and aviation gasolines, jet fuels, most oils, kerosene,
and working solutions such as carrier oils used in wood preservation (See Density). Presence
of an LNAPL complicates site characterization and generally decreases efficiency of pump
and treat systems in recovering subsurface contamination. An LNAPL moves in response
to pressure gradients and gravity. LNAPLs generally flow in the direction of decreasing
hydraulic gradient of the water table. LNAPLs can become trapped in pore spaces by
capillary forces and become difficult to remove through free product recovery pumping. The
residual saturation in pore spaces can be a significant source of contamination to air, water,
and contiguous soil in the subsurface. Residual saturation may be created with fluctuations
in ground water depth as well as with drawdown cones created in the process of free product
removal using pumping systems. Pump and treat applications may be severely limited by
the amount and type of residual saturation.
Application: Data requirements for site characterization of LNAPLs in the subsurface
include: (1) specific gravity (density), (2) viscosity, (3) residual saturation, (4) relative
permeability/saturation/capillary pressure relationships, and (5) LNAPL thickness and
distribution. LNAPLs that comprise a free phase that floats on the surface of the water
table may be stabilized through product recovery using a pumping system, if the site is
sufficiently permeable to allow flow and extraction of LNAPLs. Physical recovery
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techniques for removing LNAPLs include: (1) single pump systems producing a mixture of
hydrocarbon and water that must be separated, (2) two-pump, two-well systems utilizing one
pump to produce a water table gradient and a second well to recover floating product; or
(3) single wells with two pumps in which a lower pump produces a gradient and an upper
pump collects free product. All pumping systems create a cone of depression, or drawdown
cone, which may introduce LNAPL into subsurface material previously uncontaminated and
create residual saturation. Stabilization methods for LNAPLs in the subsurface should
account for potential smearing and avoid or minimize moving the product into
uncontaminated areas where more product can be held at residual saturation.
Lithology
Description: Description of the composition of unconsolidated deposits or rocks including
physical and chemical characteristics such as color, mineralogic composition, hardness,
packing, and grain size.
Application: Lithology should be considered in the evaluation of potential contaminant
migration pathways. Mineralogy and grain size may qualitatively indicate chemical reaction
potential; for example, clays have high reaction potential while sands have little chemical
reaction potential.
Mass balance
Description: An approach to evaluation of fate and transport of contaminants in an
environmental system that involves accounting for distribution, transport, and biotic and
abiotic reactions of a chemical in subsurface fluid and solid phases. The tendency of a
chemical to be distributed among different compartments in the subsurface can be
quantified through determination of partition coefficients between soil and water (KJ, air
and water (Kh) and oil and water (K0 or K^). Distribution coefficients are available for a
variety of chemicals. A chemical may move within subsurface compartments (air, water,
oil); therefore, the measurement of movement of each compartment is also part of a mass
balance evaluation. One approach to quantitation of movement in each compartment is to
use the relationship:
concentration (mass/vol) x rate of flow (vol/time) = mass flow at site (mass/time).
Mass balance is critical in determining the extent of biodegradation of a chemical. Unless
all other potential loss pathways are quantified (i.e., volatilization, leaching, sorption, abiotic
reactions), the extent and rate of biodegradation cannot be accurately determined.
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Application: A mass balance approach may be utilized for integrating data collection
activities in order to simultaneously address site characterization and remediation technology
selection. The information obtained in a mass balance approach is used specifically to
address the following issues: (1) characterization, (2) assessment of the problem, (3)
treatment train selection, and (4) monitoring. Characterization of the waste/soil/site
addresses the question "Where is the contamination and in what form(s) does it exist?" The
second step, assessment of the problem, utilizes chemical mass balance information to
address the question "Where is the contamination going under the influence of natural
processes?" The problem can be defined in the context of mobility versus degradation for
chemicals. Using mathematical models that incorporate mass balance information,
chemicals can be ranked in order of their relative tendencies to leach, volatilize, degrade,
and to remain in-place under site-specific conditions. Containment and/or treatment options
can then be selected that are chemical-specific and that address specific escape and
attenuation pathways (third step). Treatment trains can be selected to address specific waste
phases at specific times during remediation (volatile, leachate, solid phase, pure product),
with the selection dependent upon results of a mass balance evaluation through time to
identify the fate of each waste phase. Finally monitoring programs can be designed for
specific chemicals in specific phases in the subsurface at specific times (fourth step). Thus
the chemical mass balance approach assists in collecting specific information that is
transferrable among all four issues and also addresses the technical issues of subsurface
remediation within the context of regulatory goals.
Material and energy balance
Description: An accounting of all the mass and energy entering a reaction or system and
all those that leave it in a given time period. This description is appropriate for one
treatment process or one technology.
Application: For example, a material balance for a hazardous waste incinerator would
involve the input of fuel, waste, and air; the output of combustion products and any
unconsumed compounds, plus the accumulation and removal of deposits (ash) in the
incinerator. The evaluation of a material and energy balance are essential in assessing
treatment processes and in residuals management.
Maximum Contaminant Level (MCL)
Description: Under Section 141 of the Safe Drinking Water Act, as amended, the maximum
permissible level of a contaminant in water delivered to any user of a public water system.
MCLs reflect health factors and the technical and economic feasibility of recovering
contaminants from the water supply.
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Application: For RCRA corrective action, MCLs are often used as cleanup standards.
Values for this parameter for selected contaminants are provided in Table 3 of Appendix
1.
Melting point
Description: The temperature at which a solid begins to melt and change state to liquid.
An indication of the physical state of a pure compound at field temperatures.
Application: Compounds with melting points above 30° C, for example, would be expected
to be relatively immobile in pure form. Such compounds would be of primary concern when
in the dissolved phase, either in water or another solvent. Compounds with melting points
lower than 30° C may be present as mobile non-aqueous phase liquids (NAPLs) in
subsurface environments. Values for this parameter for selected contaminants are provided
in Table 3 of Appendix 1.
Method detection limit
Description: Minimum concentration of an analyte that can be measured by a particular
analytical method and reported with 99 percent statistical confidence. This is determined
from analysis of a sample in a given matrix. Detection limits should be specified at or below
levels of concern.
Application: Method detection limits provide a lower boundary for measurement of the
clean-up level for a particular process or technology.
Mineral content
Description: The level of naturally occurring inorganic materials in soils, rocks, aquifer
sediments, ground water, or wastes.
Application: Information concerning mineral content is important in assessing the reactivity
of soil or geologic materials with contaminants and the migration of contaminants through
the materials. For example, high levels of naturally occurring dissolved iron may be oxidized
to insoluble iron near recovery or injection wells, and thus be responsible for reducing water
transmitting properties of an aquifer. Also, high concentrations of soluble iron in water
pumped to the surface for further treatment (pump and treat) may clog above ground
treatment systems that use air stripping or carbon adsorption. Mineral content of the
subsurface also indicates relative chemical reaction (including adsorption and chemical
degradation) potential; for example, clay minerals are more chemically reactive than silt and
sandy minerals.
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Moisture content [of soil]
Description: Water lost from a soil upon drying to a constant mass at 105* C, expressed
either as mass of water per unit mass of dry soil or as the volume of water per unit bulk
volume of soil.
Application: Knowledge of the moisture content of a soil provides information concerning
the amount of water present for biological activity, amount of pore space occupied by soil
air, and amount of water available to act as a solvent for contaminants and nutrients. The
amount of soil water influences soil temperature, and is critical for biodegradation of
contaminants.
Octanol/water partition coefficient (K^,)
Description: Measure of the extent to which a chemical partitions between an aqueous
phase and an organic phase (octanol). K,^, is the ratio of concentration of a chemical in
octanol to concentration of the chemical in water.
Application: This parameter can be used to predict extent of sorption of organic chemicals
onto soils. can also be used as a basis for estimating relative bioconcentration factors
(see Bioconcentration factor). In transport models, Kow is frequently converted to (see
Organic carbon adsorption coefficient), a parameter that takes into account the organic
content of the soil. The higher the value of Kow (or K^), the greater the tendency of a
constituent to adsorb to soils containing appreciable organic carbon. Kow values can also
be used to evaluate efficacy of remediation technologies. For example, pump and treat
technology is best suited for managing chemicals with log Kow values less than 3.5; pulsed
pumping is appropriate for chemicals with log Kow values between 2.5 and 4.5; in situ
vitrification is appropriate for chemicals with log Kow values greater than 4.5. Values for
this parameter for selected contaminants are provided in Table 3 of Appendix 1.
Organic carbon adsorption coefficient (K^
Description: Ratio of the amount of constituent adsorbed per unit weight of organic carbon
in the soil or sediment to the concentration of the constituent in aqueous solution at
equilibrium. The tendency of a constituent to be adsorbed to soil is dependent on its
properties and on the organic carbon content of soil or sediment. can be used to
determine the partitioning of a constituent between the water column and sediment. When
constituents have a high k^, they have a tendency to partition to the soil or sediment. Ka
is similar to Kow.
Application: Because is similar to refer to the discussion under Octanol/water
partition coefficient. In addition, some specific guidance for values can be given for
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specific remediation technologies. For example, pump and treat technology is best suited
for managing chemicals with log values less than 3.0; pulsed pumping is appropriate for
chemicals with log values between 2.0 and 4.0; in situ vitrification is appropriate for
chemicals with log values greater than 4.0. Values for this parameter for selected
contaminants are provided in Table 3 of Appendix 1.
Organic carbon content
Description: Percentage, on a dry weight basis, of a soil or sediment that is composed of
organic carbon. Organic carbon, such as humic acids, is usually the result of decomposition
of plant and animal matter that occurs predominantly in the top layer of soil.
Application: Information concerning organic carbon content is important in determining
partitioning of contaminants between the soil and leachate, or into runoff phases of soil or
sediments. The organic content of upper soil layers typically ranges from 0.1 to 5 percent,
with most top soils in the range of 1 to 5 percent. Natural soil organic content may be
difficult to measure in areas of gross organic contamination, such as oily sediment. (See
Octanol/water partition coefficient, and Organic carbon adsorption coefficient.)
Organic carbon, total (TOC)
Description: Total amount of organic carbon present, expressed on a dry weight basis, in
a solid or liquid. This carbon is derived from decomposition of biotic material or the
introduction of man-made chemicals. TOC is generally expressed as mg/L when measured
in water and mg/kg in soil. Natural waters usually contain TOC less than 5 mg/L; greater
values indicate organic contamination.
Application: TOC is used as a rapid estimate of organic contamination. TOC is not specific
to a given contaminant or even to specific classes or organics. TOC measurements have
little use if a release is primarily due to inorganic wastes. TOC is a ground-water indicator
parameter in 40 CFR 264 and 265 ground-water monitoring.
Particle size distribution
Description: The various size fractions into which a soil sample separates, often expressed
as mass percentages. Soil separates, as defined by the Soil Conservation Survey of the U.S.
Department of Agriculture, include mineral particles less than 2 mm in diameter, and are
divided into the following size categories: sand, 2.0 to 0.05 mm; silt 0.05 to 0.002 mm; and
clay, less than 0.002 mm.
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Application: Particle size distributions are used to describe soil texture (See Soil texture).
The texture of a soil affects its porosity, air and water permeability, infiltration rate, and
sorptive capacity.
Pedology
Description: The study of soil; including origin, description, and classification.
Application: Pedology provides a general understanding of soils as they occur in nature.
Perched zone of saturation
Description: A discrete pocket or lens of unconfined ground water separated from an
underlying aquifer by an unsaturated zone; also known as a perched aquifer. Perched ground
water may be either permanent or temporary. Permanent perched ground water occurs
where recharge is frequent enough to maintain a saturated zone above the perching bed.
Temporary perched ground water occurs where intermittent recharge is not frequent enough
to prevent the perched water from disappearing from time to time as a result of drainage
over the edge of or through the perching bed.
Application: Identification of perched zones of saturation is essential for defining
contaminant migration pathways and monitoring for pockets of contamination. Perched
zones of saturation may be the source of contamination of deeper ground water. Perched
zones of saturation may be located using a neutron moisture logger.
Permeability
Description: Capacity of porous rock, sediment, or soil to transmit a fluid, usually water or
air. (See Hydraulic conductivity).
Application: Permeability is often used interchangeably with hydraulic conductivity.
Permeability rates as given below are often used to determine infiltration and long-term
intake rates as described under the topic of Infiltration. Units for permeability are identical
to those used for hydraulic conductivity (See Hydraulic conductivity). The following table
gives some examples:
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Soil Conservation Service Soil Permeability Rates
Descriptor	Rate finches/hour)
very slow	less than 0.06
slow	0.06 to 0.2
moderately slow	0.2 to 0.63
moderate	0.63 to 2.0
moderately rapid	2.0 to 6.3
rapid	6.3 to 20.0
very rapid	greater than 20
pH
Description: An expression of concentration of hydrogen ions (H + ) in an aqueous
solution. The pH scale is based on disassociation of water into hydrogen and hydroxyl ions.
The term "pH" is derived from the phrase "power of hydrogen ion concentration", which
represents the value of the exponent of H+ concentration. The scale is logarithmic and has
a range from 0 to 14 units. A pH value of 7 is considered neutral and represents equal
concentrations of H+ and OH" ions at 1 x 10"7 mole/liter. Values below 7 indicate higher
concentrations of H+ and are considered to be acid. Values above 7 indicate lower
concentrations, and are considered to be basic.
Application: pH plays a vital role in chemical and biological reactions; and can be a major
factor in determining such things as reaction rate, solubility of contaminants in water,
species of metal, ionization potential, precipitation/dissolution of minerals, composition and
activity of microbial communities, metal corrosion, and toxicity of contaminants, see
Alkalinity, Redox Potential, Speciation, etc.
Photolysis
Description: Degradation of a chemical caused by direct absorption of solar energy (direct
photolysis) or by transfer of energy from other substances that absorb solar energy (indirect
photolysis). Photolysis also includes artificially induced processes such as ultraviolet
oxidation in the treatment of ground water. Photolysis potential should be considered in
designing sampling and analysis programs.
Application: Photolysis is an important degradation mechanism for photoreactive
compounds in the air, shallow surface water, and on soil surfaces; it is not an attenuation
mechanism below the soil surface or at depth in surface water. The rate and extent of
photolysis may be measured in order to assess whether photolysis is an important fate
mechanism and whether the reaction may be utilized in a remediation treatment train.
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Photolysis rate (expressed in terms of half-life values) are given for several chemicals in the
table below.
Photolysis rate
Substance	Half-Life
Fluoranthene	21 hours
Sevin	11 days
p - Cresol	35 days
Physiography
Description: Physical geography; surface features and landforms of the earth (or the area
of interest), see Topographic map.
Application: The physiography of a site affects such processes as surface runoff, erosion,
infiltration, soil slippage, and susceptibility to flooding.
Piezometer
Description: A tube or pipe, open to the atmosphere at the top and to water at the bottom,
and sealed along its length, used to measure the hydraulic head in a geologic unit.
Application: Data derived from piezometers can be used in determining elevation of the
potentiometric surface of an aquifer as well as determining horizontal and vertical ground-
water flow directions. Piezometric data can also be used to calculate the hydraulic gradient,
which can be used in Darcy's law to calculate the rate of transport of water through the
saturated zone at a site, as well as changes in transport rate as a result of ground water
fluctuations. For example, if the saturated hydraulic conductivity (K) is KT1 cm/sec, and the
hydraulic gradient (H/L) is calculated using piezometric data [elevation in one well is
measured at 100 feet above sea level and in a second well at 70 feet above sea level), and
the wells are located at a distance of 200 feet apart, then the hydraulic gradient is (100-
70)/200 = 0.15 ft/ft], and the Darcy velocity through the section is V = K (H/L) or 10^
(0.15) = 0.15 x 10"4 cm/sec. Determination of transport rate is an important part of
generating a chemical mass balance at a site for characterization, problem definition,
treatment train selection, and monitoring, as described under Mass balance.
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Pilot scale - see Treatability Study
Plumes [immiscible or dissolved]
Description: An area of contaminated water (or pure contaminant) originating from a
specific source. Ground-water plumes are influenced by such factors as local ground-water
flow patterns and density of contaminant(s). Surface-water plumes are influenced by water
current and density of the contaminant. An immiscible plume occurs where the contaminant
is either more dense or lighter than water (i.e., the contaminant is a NAPL), and hence is
found below or on top of the water, but not mingled with the water layer. A dissolved
plume occurs where the contaminant is soluble in water. Dissolved plumes are often
associated with immiscible plumes.
Application: Plume delineation in three dimensions is essential as part of site
characterization activities. A chemical mass balance approach may be used (See Mass
balance).
Porosity
Description: Percentage of void or pore space within a rock or soil/sediment. Porosity may
be expressed as a decimal fraction or as a percentage. Due to processes such as
cementation, effective porosity is a more accurate measure of water available in a formation.
Porosity and soil texture are used to assist in evaluating hydraulic conductivity. With respect
to the movement of a fluid, only the system of interconnected pore space is significant. In
general, the greater the porosity, the more readily fluids may flow through the soil. An
exception is a clayey soil, which usually tightly holds fluids by capillary forces.
Application: Porosity is used in the equation that describes the relative velocities of water
and a chemical in the subsurface, i.e., the retardation of a chemical in the subsurface: R
= 1
+ r Kd/n (See Adsorption).
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Range of Values of Absolute Porosity
Geologic Material	Percent
Unconsolidated deposits
Gravel	25 - 40
Sand	25 - 50
Silt	35 - 50
Clay	40 - 70
Rocks
Fractured basalt	5 - 50
Karst limestone	5 - 50
Sandstone	5 - 30
Limestone, dolomite	0-20
Shale	0 - 10
Fractured crystalline rock	0-10
Dense crystalline rock	0 - 5
Effective Porosity - The amount of interconnected pore space available for fluid
transmission. It is expressed as a percentage of the total volume occupied by
interconnected pore space. This information aids in evaluating the rate at which
ground water and contaminants can migrate through different geologic units.
Potentiometric (surface) map
Description: A contour map of ground-water pressure head for a given water bearing zone.
It represents the levels to which water will rise in wells cased to and screened in that water
bearing zone.
Application: Ground-water flow directions will be perpendicular to the contours and
towards areas of lower potential. Contours that are closer together indicate a greater
hydraulic gradient, which influences ground-water flow velocity.
Qualitative and quantitative flow sheets [for corrective measures design]
Description: Charts or line drawings used to indicate successive steps in a process design.
A flow sheet carries information such as temperatures, pressures, flow rates, and process
equipment at varying points in the process.
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Application: Flow sheets provide sufficient detail for process design and cost prediction.
Evaluation of the flow sheets for corrective measures design is conducted to determine
whether the design will achieve the stated objective.
Reagent
Description: A substance used in a chemical reaction to detect, measure, examine, or
produce other substances.
Application: These substances may be used to support laboratory analysis or treatment
processes.
Reagent quality control checks
Description: Methods established to ensure that reagents used for analytical procedures are
of the quality required for accurate laboratory analysis.
Recharge
Description: Addition of water into the zone of saturation; for example, a recharge area
occurs where rainwater soaks through the earth to reach an aquifer. In designing a ground-
water corrective action program, accurate estimates of recharge amounts are essential to
ensure that appropriate ground-water pumping rates achieve the desired zone of capture.
Recharge rates are equal to deep percolation rates in the area of the ground water.
Application: Percolation rates, and therefore recharge rates in the vicinity of the ground
water, are described by modifications of Darcy's law for saturated systems. An approach
for estimating recharge from large spreading areas and extensive impoundments is to apply
Darcy's law (See Hydraulic conductivity).
Redox potential (Eh)
Description: Expression of the electron density of a system. This is a numerical
measurement, referred to as Eh and measured in volts, of the oxidation/reduction properties
of an environment. As a system becomes more reduced, there is an increased electron
density and decreased potential. Redox potential is directly correlated with dissolved oxygen
(DO) concentrations. High DO in aqueous systems (>4 mg/L) results in high Eh and
oxidizing conditions. Low DO (<1 mg/L) results in low Eh and reducing conditions.
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Application: Eh also has a direct effect on metal speciation. Equilibrium speciution of
some metals is dependent on the Eh and pH of a system. Eh-pH diagrams are often used
to illustrate predominant dissolved and mineral species at equilibrium. For example, with
iron, in well-aerated soils with pH above 4, hydrous ferric oxide minerals and coatings are
considered to be the soil minerals controlling equilibrium aqueous Fe + 3 concentrations. As
the system becomes more reduced (lower Eh values), Fe+2 may be expected to predominate
up to pH 8. As oxygen becomes limited in the subsurface, a variety of anoxic oxidation
processes will follow and will be influenced by the redox potential. Microbial metabolism
in a soil system is accomplished by aerobic and facultative microorganisms at redox
potentials ranging from about 600 to 0 millivolts, while at potentials from 0 to about -200
millivolts, obligate anaerobes are predominant. Where sulfates, nitrates, iron, manganese,
and carbonates are available, as affected by redox conditions, these electron acceptors may
influence degradation of organic chemical contaminants. As redox potential decreases,
electron acceptors will be used in the order: nitrate, ferric iron, manganese dioxide, ferric-
oxy hydroxides, sulfate, and carbonate for the degradation of organic contaminants.
Residual saturation
Description: Saturation below which fluid drainage will not occur (Also referred to as
irreducible saturation). Residual saturation depends mainly on two factors: (1) distribution
of soil pore sizes, and (2) type of immiscible fluid involved. Residual saturation is difficult
to estimate accurately and is subject to considerable error. The amount of oil normally
retained in soil is between 15 and 40 liters per cubic meter.
Application: See LNAPLs, DNAPLs, and Density.
Samples
Description:
"Blind" quality control samples - Samples submitted by an outside source to
determine the quality of analyses performed by a particular laboratory. These
samples may be prepared with an exact concentration of a constituent that is
unknown to the laboratory. Alternatively, these samples may be blanks or duplicates
that are not labeled as such (the latter are also known as "blind duplicates"). These
samples are used to determine the internal quality control of analytical work.
Calibration check samples - Samples of known concentrations of a substance that are
analyzed to verify the accuracy of an instrument's readings. The readings can then
be used to prepare calibration curves for further analysis of actual samples.
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Composite samples - Samples prepared by mixing two or more grab samples that
typically represent an average value over a period of time or within a given area.
Composite samples reduce costs of sampling and analyses, but do not allow
determinations of the highest and lowest contaminant concentrations within the
sampling area.
Grab samples - Discrete samples taken from one specific sampling point at a specific
time.
Laboratory control samples - Samples of known chemical concentration or physical
characteristics that are used in the laboratory to assess analytical precision and
accuracy.
Matrix-spiked samples - Samples to which known amounts of certain chemicals are
added before extraction or digestion and analysis. The percent recovery of each
chemical is calculated to assess potential effects of the sample matrix on analyte
recovery.
Replicate samples - Samples that have been divided into two or more portions at
some step in the measurement process. A sample may be replicated in the field or
at different points in the analytical process. Information derived from replicate
samples is necessary to analyze quality of data.
Sample matrix- Physical and chemical properties that describe a sample, for
example, soil, sludge, water. Knowledge of the sample matrix is necessary to devise
proper handling and analytical procedures. Interferences inherent in the sample
matrix can affect detection limits. For example, normal detection limits may be
impossible to achieve in some soils contaminated with oils.
Surrogate samples - Samples that are spiked prior to analysis with organic
compounds that are not normally found in environmental samples but are similar to
analytes of interest. Percent recoveries are calculated for each surrogate. Surrogate
samples are used to determine possible interferences.
SCS soil classification
Description: Soil classification system developed by the U.S. Department of Agriculture's
(USDA) Soil Conservation Service (SCS). The system was primarily developed for
agricultural purposes. The system provides information on typical soil profiles (e.g., 1-foot
fine sandy loam over gravelly sand, depth to bedrock 12 feet), chemical characteristics and
ranges of permeabilities for each layer, and approximate particle size ranges. These values
are not generally accurate enough for predictive purposes, and should not be used to replace
field data. (See ASTM classification [of soil])
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Application: Knowledge of the classification of a soil provides information on potential
water and air permeability of soil and potential for assimilation of waste constituents in soil.
Sensitive subgroups
Description: Environmentally sensitive groups (e.g., wetlands) or human population groups
with high sensitivity to chemical exposure (e.g., infants, children, elderly people, pregnant
women, and people with chronic illnesses). Associated land uses include schools, day care
centers, hospitals, nursing homes, and retirement communities.
Application: Information on sensitive subgroups should be collected during risk assessments.
Soil texture
Description: Relative proportions of the various soil separates (See Particle size
distribution) as described by classes of soil texture shown in the soil textural triangle. The
soil textural triangle for the U.S. Department of Agriculture system of soil classification is
presented in Appendix 3.
Application: Texture of a soil affects its porosity, air and water permeability, infiltration
rate, and sorptive capacity.
Soil-water partition coefficient (k,,)
Description: The ratio of adsorbed contaminant concentration to the dissolved
concentration at equilibrium. The soil-water partition coefficient is generally used to
quantify soil sorption. The extent to which a constituent is absorbed depends on chemical
properties of the constituent and of the soil (See Adsorption).
Application: This parameter will aid in predicting contaminant migration through the soil
matrix (See Adsorption).
Solubility [of waste]
Description: Maximum concentration at which a constituent can dissolve in water at a given
temperature. Solubility in water governs the extent to which a contaminant will partition into
the aqueous phase. The greater the water solubility of a compound, the greater will be the
tendency for that compound to migrate with the aqueous advective flow component. Water
solubility values, in conjunction with vapor pressure can provide an assessment of the
potential for volatilization (See Henry's law constant).
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Application: Solubility is an important function affecting the release and subsequent
migration or fate of a constituent in the ground-water or surface-water environment.
Chemicals with higher water solubilities are more amenable to removal from the subsurface
by pump and treat technology. These same compounds, however, are more likely to migrate
through the vadose zone to ground water (See Leachability). Values for this parameter for
selected contaminants are provided in Appendix 1.
Sorption
Description: A general term that encompasses the processes of absorption, adsorption,
desorption, and ion exchange. Sorption is a major subsurface chemical process that affects
fate and transport of contaminants (See Absorption, Adsorption, and Cation Exchange
Capacity).
Sorptive capacity
Description: Potential for materials to chemically sorb contaminants and thereby retard
contaminant migration. Major soil parameters that influence sorption include total organic
carbon content and particle size distribution. This information aids in predicting
contaminant movement through soils (See Absorption, Adsorption, and Cation Exchange
Capacity). The following table gives examples of the sorptive capacity of some geologic
materials:
Sorptive Capacity
Values
Geoloeic Materials
High
Clays, organic rich sediments, silts
Medium
Sands
Low
Limestones, dolomites, gravels, clean sands
Metamorphic and igneous rocks
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Speciation [metals]
Description: The wide range of transformation processes by which metallic chemical
compounds form and are transformed. Speciation can occur in all environmental media.
The final form or speciation of a metal in a given environment affects its solubility, sorption
properties, and toxicological properties. Speciation may change as a result of sampling
effects. For example, collection of a ground-water sample may result in oxidation of the
sample, which changes speciation.
Application: Change in chemical species may affect inter-phase transfer. For example,
mercury in the +2 form (Hg+2) is soluble but may be reduced by microorganisms to the
elemental form (Hg°), which is volatile. Volatile forms of selenium and arsenic (AsH3) may
also be formed under reducing conditions through changes in chemical species. The selenate
form (Se042") will dominate under oxidizing conditions, while the selenite form (Se032 ) will
dominate under increasingly reducing conditions. The arsenate form (As043 ) will dominate
under oxidizing conditions while the arsenite form, which is more toxic and mobile, will form
under reducing and acidic conditions. Property change associated with a change in species
may be utilized in remediation strategies to remove and recover soluble and non-volatile
metals as volatile species. Another application of speciation is reduction of hexavalent
chromium (Cr+6), which exists as a highly toxic and highly mobile hydrated anion in the
subsurface, to trivalent chromium (Cr+3), which is less toxic and exists in the form of a
cation. The change in speciation from hexavalent to trivalent results in reduced mobility in
a subsurface environment because the soil is generally negatively charged and has a finite
cation exchange capacity. Cyanide ion (CN") predominates in aqueous solution only at pH
values greater than 9. Hydrogen cyanide (HCN) predominates at pH values less than 9.
HCN is volatile (vapor pressure of 741 mm Hg at 25° C) and toxic, while CN' tends to
complex with iron. Iron may occur as the mobile ferrous form (Fe+Z) in reducing
conditions, and as the less mobile ferric form (Fe+3) under oxidizing conditions.
Compounds and metals complexed to iron may be removed from the subsurface under
oxidized conditions. Conversely, compounds and metals adsorbed to iron my be increasingly
mobilized under reduced conditions. Precipitated iron may hinder treatment processes such
as in situ bioremediation and air stripping.
Specific Conductance - See Conductivity
Specific yield
Description: Ratio of the volume of water that will drain under gravity to the total volume
of saturated material. In an unconfined aquifer, the specific yield is the ratio of the
drainable volume of water due to gravity to the bulk volume of the aquifer medium (some
liquid will be retained in the pore spaces). Specific yield is used only for unconfined
aquifers, as confined aquifer materials generally are not dewatered during pumping. Specific
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yields of unconfined aquifers are much higher than storativities of confined aquifers. The
usual range of specific yield is 0.01-0.30. Specific yield is also known as effective porosity
for unconfined systems. Specific yield values may be necessary to perform complex ground-
water modeling.
Application: Because specific yield is also known as effective porosity, see Porosity and
Effective Porosity.
Volume of Water Yielded/Volume of Rock
Material
Ratio Ranee
Sedimentary

Sandstone(fine)
0.02 - 0.40
Sandstone (medium)
0.12 - 0.41
Siltstone
0.01 - 0.33
Sand (fine)
0.01 - 0.46
Sand (medium)
0.16 - 0.46
Sand (coarse)
0.18 - 0.43
Gravel (fine)
0.13 - 0.40
Gravel (medium)
0.17 - 0.44
Gravel (coarse)
0.13 - 0.25
Silt
0.18 - 0.39
Clay
0.01 - 0.18
Limestone
0.00 - 0.36
Wind-Laid

Loess
0.14 - 0.22
Eolian Sand
0.32 - 0.47
Tuff
0.02 - 0.47
Metamorphic Rock

Schist
0.22 - 0.33
Stereographic analysis
Description: Three-dimensional visualization of surface features created by viewing an
overlapping pair of photographs taken at different angles through a binocular optical
instrument (i.e., a stereoscope)
Application: This analysis may be used to identify potential contaminant pathways,
potential sites for treatment, storage, or disposal facilities, or topographic factors that
influence ground-water systems,
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Storativity
Description: The volume of water that an aquifer releases from or takes into storage per
unit surface area of aquifer per unit change in the component of pressure head normal to
that surface (Also referred to as storage coefficient). The storage coefficient for an
unconfined aquifer corresponds to its specific yield. In confined aquifers, if the aquifer
remains saturated, changes in pressure produce only small changes in storage volume.
Application: Storativity values may be used to determine how rapidly the flow system will
respond to pumping. This factor is important for pump and treat systems where pulsed
pumping is used. Storativity can be used to help determine the cycle duration of pumping.
Stratigraphy
Description: Description ci original ouv^vio.o.i ai.j oi rock layers ("strata"), as well
as their formation, distribution, composition, fossil content, and geophysical and geochemical
properties. Descriptors include strike (the direction taken by a structural surface) and dip
(measured perpendicular to the strike; the angle that a geological feature makes with the
horizontal). Stratigraphy also encompasses unconsolidated materials, such as soils.
Application: Knowledge of stratigraphic features is critical to the design, monitoring, and
corrective action programs, as these features will largely influence contaminant migration
pathways. For example, stratigraphic information will aid in determining potential fracture
flow pathways, estimating extent of flow, and defining the hydrogeologic framework.
Temporal changes
Description: Changes in the value of measured parameters over time. In hydraulic
gradients, those variations due to seasonal or daily influences, river, estuarine, or marine
tidal movement, and human activity (for example, ground-water pumping, changes in land
use, and waste disposal practices).
Application: This factor is critical for evaluating surface-water and ground-water pathways
and receptors. For example, temporal changes in ground water levels may cause smearing
of LNAPLs as the level of ground water decreases and increases, resulting in the change of
free product to residual saturation in the subsurface. Remediation using LNAPL free
product recovery pumps will be based upon location and depth of the LNAPL with respect
to the water table. Therefore changes in water table elevation must be monitored through
time to accurately locate and remove free product occurring on top of the water table. For
treatment of the residual saturation of LNAPLs, see LNAPLs and Residual saturation.
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Total Dissolved Solids (TDS)
Description: The total amount of solids that remain when a water sample is evaporated to
dryness. TDS includes carbonates, sulfates, chlorides, nitrates, phosphates, metallic ions,
iron, calcium, potassium, and others that pass through a fine, glass-fiber filter (usually 0.45
micron). TDS is a basic measure of water quality.
Application: As TDS increases, conductivity of the water also generally increases. See
Conductivity [of water].
Total Dissolved Solids
Class	Values (mg/L)
Drinking water	< 500
Fresh water	0 - 1,000
Brackish	1,000 - 10,000
Saline	10,000 - 100,000
Total Suspended Solids (TSS)
Description: Undissolved organic and inorganic particulate matter in water that contributes
to turbidity. TSS is measured as the dehydrated weight of organic and inorganic solids
retained on a fine, glass-fiber filter (usually 0.45 micron).
Application: TSS is an important parameter for above ground treatment units utilized as
part of pump and treat remediation, including activated carbon, air stripping, ion exchange,
and reverse osmosis treatment units. TSS will physically clog these units and decrease
efficiency and performance time. TSS should be evaluated for potential impacts on above-
ground treatment processes.
Transects
Description: A type of vertical profile that represents data along a plane.
Application: For soil and ground-water data, several cores or monitoring wells are selected
that are in approximately a straight line through the areas of interest. The information is
then graphically displayed as a cross section.
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Transmissivity
Description: Transmissivity is defined as the hydraulic conductivity multiplied by the
thickness of a confined aquifer. In an unconfined aquifer, transmissivity is not as well
defined as in a confined aquifer. Transmissivity in an unconfined aquifer is defined as the
hydraulic conductivity multiplied by saturated thickness of the aquifer. Transmissivities
greater than 0.015 meter2/second represent aquifers suitable for use as water wells.
Application: Subsurface environments with high transmissivities are appropriate for pump
and treat technology, vacuum extraction, soil flushing, and bioremediation, which rely on
delivery and recovery of fluids or air for accomplishing subsurface remediation.
Treatability studies [laboratoiy, bench, pilot, field]
Description: An organized series of experiments designed to determine the best approach
for treating wastes. Extent and scope of treatability studies range from laboratory-scale
"proof-of-concept" efforts to field-scale demonstrations. In general, treatability studies start
at the laboratory scale and proceed through intermediate steps to pilot-scale or field-scale
studies. As this process continues, information that is generated answers increasingly
specific questions concerning feasibility, design, cost, and performance. The cost and
complexity of treatability studies therefore increases with scale.
Laboratory-scale
Small-scale (jar, beaker, column) screening studies performed to determine
if specific wastes can be treated by specific processes or approaches. Often
"proof-of-concept", these studies are used for preliminary screening of
treatment alternatives. Laboratory studies usually generate qualitative
information concerning general validity of a treatment approach. They do not
provide quantitative information concerning cost, design, or performance.
Laboratory-scale studies involve small volumes or masses of test material,
utilize primarily batch tests, and can screen a large number of parameters to
identify those critical for further testing.
Bench-scale
Intermediate scale studies (often performed in a laboratory) which are
designed to provide quantitative information to evaluate performance of a of
remediation technology. Bench-scale studies generally are intended to answer
specific design, operations, and cost questions, and are more detailed than
laboratory studies. They can be used to obtain a mass balance of chemicals
within a system to determine fate of the chemicals, including interphase
transfer and/or reaction (for example, volatilization, sorption, desorption,
biodegradation, chemical degradation, etc.), in order to evaluate technology
performance. The equipment and experiments are designed to simulate basic
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operation of the treatment process. The mass or volume of materials tested
is greater than laboratory-scale experiments, and tests can be either batch or
continuous.
Pilot-scale
Large-scale experiments designed to provide detailed, quantitative, cost and
design data to optimize performance of a technology under anticipated field
conditions. Pilot-scale experimental and equipment designs simulate
operational configurations as close as possible to the anticipated full-scale
systems. The mass or volume of tested waste is much larger than laboratory
or bench-scale studies. Pilot-scale study designs usually build on results from
laboratory and bench-scale studies, and are generally more complex and
costly.
Field-scale
Field demonstrations of treatment technology developed from treatability
studies. Field demonstrations are intended to monitor performance of
treatment systems under real world conditions at approximately full scale.
Field studies are designed to monitor performance and identify problems not
encountered at less than full scale operations.
Treatment train
Description: A combination of treatment technologies that are used at one time or that are
used sequentially at a site in order to match a specific technology to a specific contaminated
phase. A treatment train is selected after a site characterization is conducted to define the
problem at a site with regard to which phases are contaminated and what is the potential
or actual exposure pathway for each phase. Treatment trains are then selected to control
specific chemicals in specific phases, and therefore can be chemical-and-phase-specific.
Application: For example, a treatment train for creosote contaminated soil and aquifer
material may involve: (1) product removal using a pumping system, (2) flushing with water
and/or surfactant solution using pump and treat technology, and (3) in situ biodegradation
of trapped residual saturation. Another example may include product removal of LNAPL,
followed by vacuum extraction of volatile materials, followed by biodegradation of residual
saturation and of sorbed chemicals.
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Vapor pressure
Description: The pressure of vapor in equilibrium with a pure liquid or solid. Vapor
pressure is a function of the chemical of interest and temperature. Units of measurement
are generally expressed in millimeters of mercury (mm Hg). For comparative purposes, the
vapor pressure of water at 20° C is 17.5 mm Hg. Constituents with high vapor pressures are
more likely to be released in the gaseous form than those with low vapor pressures,
depending on other factors such as relative solubility and concentration. For example, at
high concentrations, releases can occur even though the vapor pressure of a constituents is
relatively low. This factor is important in evaluating the potential for contaminants to be
released to moist air as vapor, e.g., when excavating soils or extracting ground water for
subsequent treatment (See Henry's Law Constant). Within a mixture of chemicals in a
NAPL, chemicals will volatilize according to Raoult's law, i.e., volatilization will be a
function of the mole fraction of a chemical as well as the vapor pressure of the chemical.
Values of vapor pressure for selected contaminants are provided in Table 3 of Appendix 1.
Application: Vapor pressure values for chlorinated hydrocarbons generally increase with
decreasing chlorine content. In situ steam stripping facilitates the removal of residual
organics with vapor pressure values between 10° and 10° mm Hg, such as many NAPLs,
from the vadose zone.
Vertical flow rate
Description: The rate of vertical travel of water and contaminants from unsaturated soil to
the saturated zone as well as the upward or downward movement within the unsaturated or
saturated zone. The vertical flow rate is dependent on factors such as volumetric water
content, adsorption and desorption parameters, hydraulic conductivity, and pressure head.
Information concerning vertical flow rate aids in identifying and predicting the vertical
distribution of contaminants and ground-water flow patterns.
Application: For downward migration through the vadose zone, see Infiltration and
Recharge. Water, and consequently chemicals, can also be advected in the upward direction
in the unsaturated zone due to evapotranspiration and changes in hydraulic gradient when
the gradient is in the upward direction. Calculations concerning upward and downward
direction in the vadose zone are based on a modified Darcy's law:
J = K(q)(dH/dz),
where J is the Darcy flux or velocity, K(q) is the hydraulic conductivity based on soil
moisture content, and (dH/dz) is the hydraulic gradient that is primarily a function of matric
potential, and not gravity, in the unsaturated zone. Accurate analysis of transient water
movement in the unsaturated zone, including upward and downward flow, is a complex
process, is generally not influenced by gravity, and requires a level of detail and more
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explanation than is appropriate in this document. The reader is advised to seek texts and
articles on unsaturated flow physics or consult with someone with specific expertise in this
area.
Viscosity [of waste]
Description: The property of a fluid describing its resistance to flow. Viscosity of any bulk
liquid wastes should be determined to estimate potential mobility in soils. A liquid with a
lower viscosity will generally travel faster than one with a high viscosity.
Application: See Dynamic Viscosity and Kinematic Viscosity.
Water quality criteria
Description: Under Section 303 of the Clean Water Act (40 CFR Part 131), water quality
criteria are comprised of numeric and narrative criteria. Numeric criteria are scientifically
derived ambient concentrations developed by EPA or states for various pollutants of
concern to protect human health and aquatic life. Narrative criteria are statements that
describe the desired water quality goal.
Water quality standard
Description: Under Section 304 of the Clean Water Act (40 CFR Part 131), water quality
standards are regulations which consist of the beneficial designated use or uses of a water-
body, the numeric and narrative water quality criteria that are necessary to protect the use
or uses of that particular water-body, and an antidegradation statement.
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APPENDIX 1
Tables 1, 2, and 3
Subsurface Contamination Reference Guide
EPA/540/2-90/011

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Subsurface
Remediation
Guidance
Tables 1 & 2

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Table 1. Contaminants Commonly Found at Superfund Sites
Haloaenated Volatile Organics
Liquid Solvents
Carbon Tetrachloride
Chlorobenzene
Chloroform
Cis-1,2-dichloroethylene (d)
1.1-Dichloroethane	(a)
1.2-Dichloroethane
1.1-Dichloroethylene
1.2-Dichloropropane	(a)
Ethylene Dibromide (g)
Methylene Chloride
1,1,2,2-Tetrachloroethane
Tetrachloroethylene
Trans-1,2-dichloroethylene (d)
1.1.1-Trichloroethane
1.1.2-Trichloroethane
Trichloroethylene
Gases
Chloroethane
Vinyl Chloride
Non-Haloaenated Vclatlle
Oraanics
Ketones/Furans
Methyl Ethyl Ketone
4-Methyl-2-Pentanone
Tetrahydrofuran
Aromatics
Benzene(g)
Ethyl Benzene (g)
Styrene
Toluene (g)
m-Xylene (g)
o-Xylene (g)
p-Xylene (g)
Inorganics
Arsenic (As)
Cadmium (Cd)
Chromium (Cr)
Cyanide (CN)
Lead(Pb)
Mercury (Hg)
Selenium (Se)
Iron (Fe) *
Haloaenated Semlvolatlle
Oraanics
PCBs (b)
Aroclor 1242
Aroclor 1254
Aroclor 1260
Pesticides
Chlordane
DDD
DDE
DDT
Dieldrin
Chlorinated Benzenes
1,2-Dichlorobenzene
1,4-Dichlorobenzene
Chlorinated Phenols
Pentachlorophenol (w)
2,3,4,6-Tetrachlorophenol
Non-Haloaenated Semlvolatlle
Organics
PAHs (e)
Acenaphthene
Anthracene
Benzo(a)anthracene
Benzo(a)pyrene
Benzo(b)fluoranthene
Benzo(ghi)perylene
Benzo(k)fluoranthene
Chrysene
Dibenz(a,h)anthracene
Fluoranthene
Fluorene
lndeno(1,2,3-cd)pyrene
2-Methyl naphthalene
Naphthalene
Phenanthrene
Pyrene
Non-Chlorinated Phenols
m-Cresol (e)
o-Cresol (e)
p-Cresol (e)
2,4-Dimethylphenol (e)
2,4-Dinitrophenol
Phenol
(a)	may be component of antiknock fluids added to fuel oils
(b)	constituent in some oils, greases, dielectric liquids, and thermostatic fluids
(d)	may be present in dye or lacquer solutions
(e)	constituent of crude oil fractions (including fuel and motor oils) and/or coal tar
fractions (including creosote); creosote may be present as DNAPL
(g)	constituent in fuel oils (e g. gasoline)
(w)	combined with fuel oil #2 or kerosene when used as wood preservative
Note: Some contaminants listed may be present in subsurface as biological or chemical degradation products of others
Although not normally classified as a contaminant, iron may strongly impact the subsurface behavior of other
contaminants and may govern which treatment processes can or cannot be used.

-------
Table 2. Property Ratings of Chemical Classes Commonly Found at Superfund Sites (from Table 1)
and Applicable Technologies for In-Situ Treatment
Chemical
Class
Melting	Water	Vapor	Henry'sLaw Density	Dynamic Kinematic	Log
Point	Solubility Pressure Constant	Viscosity Viscosity	Ko>
Log	Aerobic	Potential
Ko[ Biodegradability Subsurface
Mobility
Haloaenated Volatile Oraanics
Liquid Solvents' low	moderate/high	high	moderate/high	high
Gases low high	high	high	low
Nonhaloaenated Volatile Oraanics
Ketones/furans low high	high	moderate	low
Aromatics low	moderate/high	high	high	low
t
NA
low
t low/moderale bw/moderate t
NA	low	low	ND
moderate
low
low
moderate moderate/high moderate moderate
ND
high
moderate/high
high
high
moderate
Haloaenated Semlvolatlle Oraanics*
PCBs	low	low	low	moderate	high	ND	ND	high	high	low
Pesticides	high	moderate	low	low/moderale low/high	NA	NA	high	high	low
low
low
Chlorinated Benzenes low/moderate moderate	moderate	high
Chlorinated Phenols moderate/high moderate	low"	bw"
high
high
high	high	moderate moderate	high	moderate
NA	NA	high	high"	high"	low
Non-Haloaenated Semivolatile Oraanics
PAHs	moderate/high low/moderate moderate/low
Non-Chlorinated Phenolsmodente	high
moderae/low low/moderale
high
high
NA
hioh/NA
NA
high/NA
high
low
high
low
moderate
high
low
high
Inorganics
Se, As, CN Cr (VI)	high"
For detailed information on subsurface transport and late behavior tor these chemicals, see Table 3
Hg, Pb, Cd, Cr (III)	low"

-------
Table 2. Property Ratings of Chemical Classes Commonly Found at Superfund Sites (from Table 1)
and Applicable Technologies for In-Situ Treatment (continued)
Unconsolidated Deposits' UnconsolidatedOeposits' ConsolidatedDeposits
(VadoseZone) (SaturatedZone) (SaturatedZone)
Chemical Fractured Karst
Class Homogeneous" Heterogeneous' Homogeneous' Heterogeneous' Bedrock Bedrock
Haloaenated Volatile Oraanics






Liquid Solvents'
SVE (1)
SF(5)
SVE (5)
SF (5)
P&T + IS8(1)
PST(l)
P&T + ISB (5)
P&T (5)
P&T (10)
P&T (5)
Gases
SVE (1)
SVE(5)
P&T (1)
P&T (5)
P&T (10)
P&T (5)
Nonhaloaenated Volatile Oraanics






Ketones/furans
SVE8(5)
SF(5)
SVE8(5)
SF(5)
P&T (1)
P&T (5)
P&T (10)
P&T (5)
Aromatlcs
SVE {1)
SF (5)
SVE (5)
SF(5)
P&T + ISB(1)
P&T (5)
P&T + ISB(5)
P&T (5)
PST(tO)
P&T (5)
Haloaenated Semivolatile Oraanics*






PCBs
SF'(5)
IS V (5)
ISV (5)
SP(5)
P&T + CE * {5)
P&T (10)
P&T + CE' (1 0)
P&T (10)
P&T (10)
P&T (10)
Pesticides
SF3(5)
IS V (5)
ISV (5)
SP(5)
P&T + CE'(5)
P&T (10)
P&T+CE'( 10)
P&T(10)
P&T (10)
P& T(10)
Chlorinated Benzenes
SVE"(5)
SF (5)
SVEB( 5)
SF (5)
P&T +1SB(1)
PST (5)
P&T + ISB (5)
P&T (5)
P&T (10)
P&T 15)
Chlorinated Phenols
SF(5)
SVEB (5)
SF (5)
SVE8 (10)
P&T + 1SB(1)
P&T (5)
P&T + ISB (5)
P&T (10)
P&T (10)
P&T (10)
Non-Haloaenated Semivolatile Oraanics






PAHs
SVE8 (5)
SF3( 5)
SVE8( 10)
SP(10)
P&T + CE * (5 )
P&T + ISB (5)
P&T + CE'( 10)
P&T + ISB (10)
P&T (10)
P&T (10)
Non-Chlorinated Phenols
SF(5)
SVE8(5)
SF(IO)
SVE8(10)
P&T + ISB(1)
P&T(1)
P&T + ISB(5)
P&T (5)
P& T(10)
P&T (5)
Inoraanics






Se, As, CN, Cr (VI)
SF (5)
ISV (5)
ISV (5)
SF (5)
P&T (1)
P&T (5)
P&T (10)
P&T (5)
Hg, Pb, Cd, Cr (III)
IS V (5)
SF1 (10)
ISV (5)
SF'( 10)
P&T (5)
P&T + CE'(5)
P& T (10)
P&T + CE*( 1 0)
P&T(10)
P&T (10)

-------
Table 2. Property Ratings of Chemical Classes Commonly Found at Superfund Sites (from Table 1)
and Applicable Technologies for In-Situ Treatment (continued)
QualitativeRatingKey'
Rating Melting Water Vapor Henry'sLaw Density Dynamic	Kinematic	Log	Log	Aerobic Potential
Point Solubility Pressure Constant Viscosity	Viscosity	K	Koc Biodegradability Subsurface
fC) (mg/1) (mmHg) (atm-rtf/mol) (g/cc)	(centipoise)	(centislokes)	Mobility'
Low
<13 00
<1 OOE+OO
el OOE-03
<1 OOE-05
1
<0 6	<0 4	<2 5	<2 2 veryslowor logKoc>3 2
negligible
Moderate
>1300
<100 00
>1 OOE+OO
<1 OOE+03
>1 O0E-03
<1 OOE+OO
>1 O0E-05
<1 OOE-03
=0 6
<1 0
>0 4
2 2
<3 2
moderale 2 2 < log K <3 2
High
>100.00
>1.00 E+03
>1.OOE+OO
>1 OOE-03
>1*
>1 0
>0!
>3 5
>3 2
rapid
logK <2 2
i	This key applies only to the list of chemicals given in Table 1 and rated in Table 2
V	Applies to organic compounds only
Moderate/high Indicates that most compounds within the chemical class have a high rating for the given properly but that
a few have a moderate rating; see Table 3 tor compound specific values
Moderate/high Indicates that some compounds within the chemical class have a high rating and some have a moderate
rating for the given property, see Table 3 for compound specific values
NA	Not applicable because compounds in chemical class are no1 liquids at room temperature
ND	No data found or available
p	Applies to pentachlorophenol only
'	Compounds within chemical class may be present in subsurface as light non-aqueous phase liquid
(LNAPL), often floating on the water table
Compounds within chemical class may be present in subsurface as dense non-aqueous phase liquid
(DNAPL); recovery of DNAPL from the saturated zone will be difficult if the DNAPL is
spatially discontinuous within the aquifer
Se, As. Hg, Pb, and CN may be present in volatile forms which enhance their mobility; see Table 3 for
additional information
t	See Table 3

-------
Table 2. Property Ratings of Chemical Classes Commonly Found at Superfund Sites (from Table 1)
and Applicable Technologies for In-Situ Treatment (continued)
Treatment Technologies	Uncertainty Rating Key
P&T
- Pump & Treat
(1) Low
ISB
- Bioremediation*
(5) Moderate
CE
- Chemical Extraction
(10) High
ISV
- In-Situ Vitrification
Relers to uncertainty in restoring soil/
SF
- Soil Flushing
ground water to health-based or MCL
SVE
- Soil Vacuum Extraction
levels, assuming no NAPLs are present.
§	Biodegradative processes occur naturally in the subsurface. In situ bioremediation involves the enhancement of these
processes through the addition of amendments such as oxygen and/or nutrients
0	Unconsolidated deposits refer to gravel, sand, silt or clay or any combination thereof. Deposits consisting primarily
of clay are difficult to remediate and excavation or containment may be the only applicable remedial options
8	Indicates that the application of soil vacuum extraction will partly or primarily be for purposes of stimulating
biodegradative processes
1	Refers to a subsurface regime in which the variability in hydraulic conductivity is less than one order of magnitude
2	Refers to a subsurface regime in which the hydraulic conductivity within the treatment zone varies by more than one
order of magnitude. A heterogeneous subsurface regime may be layered (stratified) or trending. In general, a
trending subsurface regime will be more amenable to treatment than a layered subsurface regime
3	Water alone will not suffice as a soil flushing extractant
4	Refers to the use ol surfactants or other chemicals to enhance the mobility of contaminants. This technology should
be considered with caution because of its limited success to date and because ol the potential environmental impact
of introduced chemicals

-------
Subsurface
Remediation
Guidance
Table 3

-------
Table 3. Properties of Contaminants Commonly Found at Superfund Sites


Chemical
Melting
Water f
Vapor f
Henry's Law f
Density f
Dynamicf Kinematict
Log
Log
Aerobic
MCL[17)

Point
Solubility
Pressure

Constant

Viscosity Viscosity
K
0 W
K
OC
Biodegrad-


fC)
(mg/l)
(mm Hg)
(atm-m1/ m o 1)
(9'cc)
(c p)
(cs)


ability
(mg/l)
Haloaenated Volatile Oraanlcs











Liquid Solvents












Carbon Tetrachloride
- 23 [7]
8 E+02 (1)
9.13 E+Ot
CI
2 E-02 [1]
1.5947 [IJ
0 965 [1)
0 605 (c)
2.83(11
2.64(1)
D[2)
5 (f)
Chlorobenzene
- 45 [7)
4.9 E+02 [ij
8.8 E+00 [1]
3 46 E-03 *[11
1 106 [ij
0 756 [IJ
0 683 (c)
2 84(1]
2.2 [1)
D5,A10[2|
100 (p)
Chloroform
- 64 [7]
8.22 E+03 [1]
1 6 E+02
m
3.75 E-03 '[ij
1.485 [ij
0.563 [1]
0.379 (c)
1 97(1)
1.64 [1]
A [21
nd
Cis-1,2-dichloroethylene(d)
- 81 [7]
3 5 E+03 [ij
2 E+02'P]
7 5 E-03 -[ij
1 284 [1]
0 467 [1|
0 364 (c)
1 86 [1]
1 5 [1]
8 [21
70 (p)
l.l-Dichloroethane(a)
- 97.4 [7|
5 5 E+03 [1]
1.82 E+02
Mi
5 7 E-03 -(1]
1 175 [ij
0 377 [ij
0 321 (c)
1 79 [1]
1 48 [1]
A [2]
nd
1,2-Dichloroelhane
- 35.4 P)
8 69 E+03 [ij
6.37 E+01
[1]
1.1 E-03 '[11
1.253 [ij
0 84 [1)
0 67 (c)
1.48 [1]
1 15(1]
B [2]
5 (f)
1,1-Dichloroethylene
-122.5 [7]
4 E+02 (1)
5 E+02
hi
1.54 E-01 '[1)
1.214 [1]
0 33 [1]
0 27 (c)
2 13 (1)
1 81 [1]
A [2]
7 (1)
1,2-Dichloropropane(a)
- 90 [7]
2 7 E+03 [1]
3 95 E+01
pi
3 6 E-03 '[I]
1.158 [ij
0 84 [ij
0.72 (c)
2 02 [1]
1 71 [1]
A [2]
5 (P)
EthyleneDibromide(g)
997(7]
3.4 E+03 [1[
1.1 E+01
pi
3.18 E-04 [1]
2 172 [1]
1 676 21 C[11
0.79 [3]
1.76 [1]
1 45(1]
nd
0 0 5 (p)
MelhyleneChlonde
- 97 [7]
1 32 E+04 [ij
3 5 E+02
Hi
2 57 E-03 -[11
1.325 [ij
0 43 [1]
0 324 (c)
1 25(1)
0.94 (1]
D [21
5 '(!)
1,1,2,2-T elrachloroelhane
• 43 P)
2.9 E+03 [1]
4.9 E+00
Ml
5 E-04 *[1]
1 600 [ij
1 77 [1]
1.10 (c)
2.39 [1|
2 34 [1]
N [2]
nd
Tetrachloroethylene
- 22 7 [7]
1 5 E+02 [ij
1 4 E+01
in
2 27 E-02 '[1]
1 625 [1|
0.89 [1]
0 54 (c)
3 14(1)
2.82(1]
A [2]
5 (P)
Trans-1,2-dichloroethylene(d)
- 50 [7]
6 3 E+03 [ij
2.65 E+02
pi
6 6 E-03 '[1]
1.257 [1]
0.404 [1)
0.321 (c)
2 09 [1]
1 77(1]
B [2]
70 (p)
1,1,1-Trichloroethane
- 32 [7|
9.5 E+02 [ij
1 E+02
in
2.76 E-03 *[1]
1.325 [1|
0 858 [ij
0 647(c)
2 49(1]
2.18(1]
C [2]
200 (1)
1,1.2-Trichloroethane
- 36 [7]
4 5 E+03 pj
1 88 E+01
PI
1.17 E-03 *[11]
1 4436 [5j
0 119 [31
0 824 (c)
2 17(4]
1 75 [13]
C [2]
nd
Trichloroethylene
- 87 [7]
1 E+03 [1|
5 87 E+01
hi
8 92 E-03 *[1)
1 462 [1]
0 570 [ij
0 390 (c)
2 42 [1 ]
2 10(1]
A [2]
5 (0
Gases












Chloroethane (b p. 12.5C)
-138 3 p)
5.7 E+03 [1]
1 E+03
Hi
1.1 E-02 [1]
09414 0C[1)
na
na
1 43(1)
1 17(1]
nd
nd
VinylChloride(b p -13.9C)
-157 p]
1.1 E+03 [ij
2.3 E+03
in
6.95 E-01 [ij
0 9121 15C[3]
na
na
0.60 [4]
0 91 [1]
nd
2 (f)
Non-Haloaenated Volatile Oraanics










Ketones/furans












Methyl Ethyl Ketone
- 86 4 pj
2 68 E+05 [11]
7.12 E j-01
[31
2.74 E-05 t[Hl
0.805 (5)
0 40 [3)
0.497(c)
0 29(17)
0 65 (11)
nd
nd
4-Methyl-2-Pentanone
¦ 83 P]
1 9 E+04 [3j
1.6 E^OI
[31
1 55 E-04 t[13j
0 8017 pj
0 5848(3]
0 729(c)
1 25
1.38(15]
nd
nd
Tetrahydroluran
-108 5 pj
3 E+05* [6]
4 56 E+01
t[4]
1 1 E-04 fl14j
0 8892 [6]
0.55 (13)
0 618 (c)
0 46 [14]
nd
nd
nd

-------


Table 3.
Properties of Contaminants Commonly Found






at Superfund Sites (continued)





Chemical
Melting
Water t
Vapor f
Henry's Law t
Density f
Dynamicf Kinematicf
Log
Log
Aerobic
M C L (17)

Point
Solubility
Pressure
Constant

Viscosity Viscosity
K
0 w
K
oc
Biodegrad-


(°C)
(mg/l)
(mmHg) (atm-m3/mo I)
(g/cc)
(cp)
(cs)


ability
(mg/l)
Aromatics











Benzene(g)
5 5 [7]
1.78E+03 |1]
7 6 E+01 [1)
5 43 E-03 '[13)
0 8765 |1]
0 6468(1]
0 7379(c)
2 13 [1]
1 81 (1)
D (2)
5 (1)
EthylBenzene(g)
-94.97 [7]
1 52E+02 |1]
7 E+00 |1]
7.9 E-03 M1)
0 867 [7]
0 678 (3)
0 782 (c)
3 15 |1]
2 83(1)
D5.A10(2]
700 (p)
Styrene
-30 6 [7]
3 E+J2 [7]
5 E+00 [7]
228 E-03 [7|
0 9060 (13)
0 75! (13)
0 829 (c)
3 16(14]
nd
nd
nd
Toluene(g)
-95 1 [7]
515 E+02 |1]
2 2 E+01 [1]
6 61 E-03 '(13]
0.8669 [1]
0 58 (1]
0 669 (c)
2 73 (1]
241(1)
D [2]
2000 (p)
m-Xylene(g)
-50 [7]
2 E+02 [3]
9 E+00 [1]
6 91 E-03 *['l
0 8642 •(1)
0 608 (1]
0 717 (3)
3 20(1)
2 84 (1)
nd
10000 (p)
o-Xylene(g)
-25 [7]
17 E+02 |3]
7 E+00 |lj
4 94 E-03 '111
0 880 *(1]
0 802 [1]
0 932 [3]
3 12(1]
2 84 (1]
nd
10000 (p)
p-Xylene(g)
13 [7]
1.98 E+02'(3]
9 E+00 |1]
7.01 E-03 *111
0 8610 '[I]
0 635 (1]
0 753 (3)
3 15(1]
2.84(1]
nd
10000 (p)
Haloaenated Semivolatlle Orqanlcs









PCBs (b)











Aroclor1242
-19 [1]
4.5 E-01*[1]
4 06 E-04'|9]
3 4 E-04 [1]
1.385 |1]
nd
nd
5 58 (9)
5 [1]
N [2)
nd
Aroclor 1254
10 [1]
12 E-02 |1]
7 71 E-05'|9]
2.8 E-04 |1|
1 5381|9)
nd
nd
6 03 (9)
nd
N [2]
nd
Aroclor1260
nd
2.7 E-03 |1]
4 05 E-05-|9)
3 4 E-04 [1]
1 44 30 C( 1 ]
nd
nd
7 15(9]
nd
N [2)
nd
Pesticides











Chlordane
106 [1]
5.6 E-02'[1]
1 E-05 [1]
22 E-04 *|11
1 5 *(1]
1 104 |3]
0 69 (c)
5 48(1)
4.58(1)
N [2]
2 (P)
ODD
112 17]
1.60 E-0124C [7]
1 E-06 30C[17] 7.96 E-06 t(11)
1 385 (17)
na
na
5 56 [1]
5 38 [1]
M[2]
nd
DDE
88.4 |1]
4.0 E-02 [7]
6 40 E-06 |1J
19 E-04 *[1j
nd
na
na
5.69 [1]
541 (1]
M (2)
nd
DDT
108 [7]
3 1 E-03 [1J
1.5 E-07 |1]
28 E-05 '[1)
0 985 (1)
na
na
6 36(1)
5 48 (1)
M(2]
nd
Dieldrin
176 5 [7]
1 86 E-01 t[4]
1 78 E-07 [3]
9 7 E-06 •[8]
1.75 [3]
na
na
5 34 (4)
3.23(14]
N (2)
nd
Chlorinated Benzenes











1,2-Dichbrobenzene
-17 17)
1 E+02 [1]
9 6 E-01 [1)
1 88 E-03 *|11
1 306 (1)
1 302 [1]
0 997 (c)
3 38 (1)
3 06(11
T [2]
600 (p)
1,4-Dtchbrobenzene
53 [ 71
8 E+01 |1]
6 E-01 [1|
1.58 E-03 ' (1)
1 2475 (1)
1.258 (1)
1 008(c)
3 39(1]
3.07(1]
T (2)
750 (1)
Chlorinated Phenols











Penlachlorophenol(w)
190 [7]
1.4 E+01 (1)
1 1 E-04 (1)
2.8 E-06 (1|
1.978 (1)
na
na
512(1]
4 80(1]
A (2)
nd
2,3,4,6-T elrachlorophenol
69 5 [7]
1 00 E+03f|11]
nd
nd
1 839 '(5)
na
na
4 1 [11]
2 0 [11]
nd
nd

-------
Table 3. Properties of Contaminants Commonly Found
at Superfund Sites (continued")
Chemical	Melting Water f	Vapor t Henry's Law f Density f Dynamicf .nematicf Log	Log	Aerobic MCL(17]
Point Solubility Pressure	Constant	Viscosity Viscosity K	Koc	Biodegrad-
(°C)	(m g/1)	(mmHg) (atm-m1/mol)	(g/ec)	(cp)	(cs)	ability (mg/l)
Non-Haloaenated Semlvolatile Oraanics
PAHs (e)
Acenaphthene
92 5
[7]
3 88 E+00 *{8]
231 E-02 '[8]
1.20 E-03
*[c]
1.225(12]
na
na
3 92(12]
3.7 [11]
0 [2]
nd
Anthracene
216 3
[7]
7.5 E-02 '[8]
1.08 E-05 * [8]
3 38 E -05
•|c]
1.25 [12]
na
na
4 45 [12]
4 1 (11)
A [2]
nd
Benzo(a)anthracene
167
I«1
1.4 E-02 '[12]
1 16 E-09 til 1]
4.5 E-06
[12]
1 174(12]
na
na
561 [12]
6 14(11]
N [2]
nd
Benzo(a)pyrene
179
PI
3.8 E-03 t{12]
5 49 E-09 *(18]
1 8 E-05
~112]
nd
na
na
6 06 [11]
6.74(11]
nd
0.2 (t)
Benzo(b)fluoranthene
167
(4)
14 E-02 t[11|
5 00 E-07 t(12]
1.19 E-05
flll]
nd
na
na
6 57 [12]
5.74(11]
nd
nd .
Benzo(ghi)perylene
278
[12]
2.6 E-04 *[7]
1 E-10 (14]
5.34 E-08
tin]
nd
na
na
6 51 [llj
6 2 [11]
nd
nd
Benzo(k)fluoranlhene
217
[12]
4 30 E-03 t[11]
9.59 E-11 (14]
3.94 E-05
tin]
nd
na
na
6 06(11]
5 74(1 1]
nd
nd
Chrysene
254
PI
6 E-03 '[7]
6 3 E-09 '[14]
1 05 E-06 *[14]
1 274 [7]
na
na
5 61 [11]
5 3 [11]
A5,N 10(2]
nd
Dibenz(a,h)anthracene
266.5
PI
2.5 E-03 t[12]
1 E-10 t[12]
7 33 E-08
tin]
1 252 (12)
na
na
6 80 [11]
6 52[11|
nd
nd
Fiuoranthene
107
[7]
2.65 E-01 *[7]
E-02[10]E-06[12]
6.5 E-06
*114]
1 252 [12]
na
na
4.90 [12]
4 58(11]
A5.N10[2|
nd
Fiuorene
1167
[12]
1 90 EtOO *(8]
6 67 E-04 ' [8|
7 65 E-05
*[C]
1 203 [12]
na
na
4 18(12]
3 9 [1 1]
A [2]
nd
indeno(1,2,3-cd)pyrene
163
(12|
5 30 E-04 t[11]
1 E-10 t(11]
6 95 E-08
•[14]
nd
na
na
6 5 [11]
6 2 [11|
nd
nd
2-Melhyi naphthalene
34 5817]
2 54 E+01 ' [8]
6 80 E-02 * [8]
5.06 E-02
*|c|
1 0058 [12]
na
na
3 86(12]
3.93(14]
nd
nd
Naphlhalene
80.2
[4]
3.1 E+01 *[12]
2 336E-01 *[12]
1.27 E-03
Me]
1 162 (12]
na
na
3 30 [12]
3 11 [14]
D [2]
nd
Phenanthrene
100
[7]
1 18 E+00 ' [8|
2.01 E-04 '[8]
3.98 E-05
•[c]
0 9800 (12]
na
na
4 46 [12]
4.1 [11]
D (2)
nd
Pyrene
150
[7]
1 48 E-01 '[8]
6 67 E-06 '[8]
1 20 E-05
*[cl
1 271 [12]
na
na
4 88 [12]
4 58(11]
D5,N10[2|
nd
Non-Chlorinated Phenols













Phenol
41
[7]
8 4 E+04 [1]
5.293E-01 [1]
7.80 E-07
(c|
1.0576 41C [1 ]
3 02 50C[ 1 ]
3 87 46C
1 46 [1]
1.15[11]
D [2]
nd
2.4-Dimeihylphenollei
26
PI
6.2 E+03 '[3]
9 8 E-02 '[3]
2 5 E-06
*[c|
1.036 [7]
na
na
2 50 [4]
2.35(14]
D [2]
nd
2,4-Dinitrophenol
112
PI
6 E+03 *[3]
149 E-05 t[11|
6.45 E-10
(11|
168 [3]
na
na
1.54 [3]
1 22(11)
D [2]
nd
m-Cresol(e)
12
PI
2 35 E+04 [7|
1 53 E-01 '[12]
3 8 E-05
t[121
1 038 [7]
21 [12]
20(c)
1 96 [12]
1 43(15]
nd
nd
o-Cresol(e)
31
PI
3.1 E+04 40C[7] 2 45 E-01 -[12]
4 7 E-05
t[12]
1 0273 [12]
na
na
1 95 [12]
1 23(15]
nd
nd
p-Cresol(e)
34 8
PI
2 40 E+04 40Cf7|
1.08 E-01 '[121
3.5 E-04
t(12|
1 0347 [7J
na
na
1 94 [7]
1 28(15]
nd
nd

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Table 3. Properties of Contaminants Commonly Found
at Superfund Sites (continued)
CHEMICAL
MCL
Inorganics
arsenic (As)
cadmium (Cd)
chromium (Cr)
cyanide (CN)
iron (Fe)
lead(Pb)
mercury(Hg)
Mayoccurinmorethanoneoxidationstateinsubsurface Arsenate form (AsOt 3 (willdominateunderoxidizing
condilions Moretoxicandmobilearsenitelorm(AsC), ) may dominate under increasinglyreducingandacidic
conditions.Volatilealkylated-Ascompoundsmaylormunderreduangcondilions VolatilearsinefAsHj may
for rounder highly reducing condit ions. Adsorption of arsenate andarsenite forms widgeneralty increase with decreasing pH
Occursonlyindivalentforminaqueoussolutions(e g.Cd! *,CdCI* .CdSO/J.Cd2 'tendstobedominanl species
Adsorptionbehaviorcorrelateswithcalionexchangecapacity(CEC)olsoilandcquileimaterial Adsorption/
precipilaliomncreases with increasingpH wilhmost Cd precipitating outat pH>6
May occur in morelhan one oxidation statein subsurface. Trivalentlorm(Cr III) isdominant under pH and redox
condif ions generally present in subsurface. Cr III maybe converted to highly mobile and toxichexavalent form
(Cr VI) under oxidizing conditions Cr this readily adsorbed inthesubsurfacewhileCr VI is not.
Cyanide ion(CN' )predominalesin aqueous solution onlyat pH>9 Hydrogen cyanide (HCN) predominatesat pH<9 H CN is
volatile(v.p 741 mmHgal25C)andtoxic.CN behavessimilartohalideionsandtendstocomplexwithiron Undissolved cyanide
salts may bepresent in vadose zone
May occur inmorelhan one oxidation stateinthe subsurface Ferrousform(FeJ *)is most soluble and mobile, and
dominates under reducingconditions. Under oxidizingcondilions, ferrous form isconverledtolerriclorm(FeJ •)
Ferric form is less soluble, less mobile, and willtendtoprecipilate.Compounds and metalscomplexedtoiron may
beremovedlromsolutionthroughlheprecipitationprocess Conversely, compoundsandmetalsadsorbedtoiron
in the subsurface maybe increasingly mobilized under increasingly reduced conditions Precipitated iron may
hinder treatment processes such as in-situbioremediationandair stripping.
DominantspeciesinaqueoussolutionarePbJ*underacidicconditionsandPbJ '-carbonate complexes under
alkaline condilions Adsorptionbehavior correlates with cation exchange capacity (CEC)of soilandaquiler
material. Adsorplion/precipifalionincreaseswithincreasingpHwithmoslPbprecipitalingoulalpH>6 Volatile
alkylaled-Pbcompoundsmaybepresentormayformunderreducingconditions
nd
5(P)
100(p)
200 (t)
300(f)
Mayoccuririmorethanoneoxidationstate.Mayoca/rinsubsurlaceinmercuricform(Hg' *), mercurouslorm
(HgJz *),elementallorm(Hg°),andinalkylaledlorm(e g.methyl and elhylmercuryJ.Hg,' *andHg! "aremore
stable under oxidizingconditions and arestrongly adsorbed by soils. Hg°andalkylatedlorms are more stable under
reducingconditions. Conversiontoalkylatedlormsmayoccurunderreducingconditions Hg°and alkylated-
Hg forms a re volatile, toxic, and may not be as strongly adsorbed by soils
selenium (Se) Mayoccur in more than one oxidation state in subsurface Selenateform(SeO/ (will dominate under oxidizing
conditions Seleniteform(Se03J)willdominaleundenncreasinglyreducingconditions Selenideform(Se! )may
dominate under highly reducing conditions. Selenale and selemte are more soluble and mobile lorms Adsorption
ofselenateandselenitewillgenerallyincreasewithdecreasingpH Vola tile alkylated-Se compounds may form
under reducingconditions
5(P)
2(P)
50 (p)

-------
Table 3. Properties of Contaminants Commonly Found
at Superfund Sites (continued)
A	significant degradation withgradualadaplion
B	slowtomoderateactivily.concomitanlwithsignilicanl rat eof volatilization
C	- veryslowbiodegradativeactivity.withlongadaplion periodneeded
D	- significantdegradatiinwithrapidadaption
M not significantly degraded under the conditions o I the test method
N	- not significantly degiadedundertheconditionsoftestmethod and/orprecludedbyexlensiveraleol voialilization
T	- significantdegradationwithgradualadaptionfollowedbydeadaptiveprocessinsubsequent subcultures (toxicity)
(a)	- maybecomponent of antiknockfluidsaddedtolueloils;remedialtreatment may require consideration^
constituent in oil phase
(b)	- constituentinsomeoils. greases, dielectric liquids, and thermostatic fluids; remedialtreatmentmayrequire
consideraiionofconstituentinoil phase
(c)	- calculated
(d)	- maybepresentindyeorlacquersolutions;remedialtreatmentmayrequireconsiderationolconstituentinoilphase
(e)	- conslituentofcrudeoillractions(includinglueloilsand motor oils)and/orcoaltar fractions (includingcreosote);
creosote maybepresent as DNAPL; remedialtreatmentmayrequire consideration ofconstrtuent in oilphase
(I) - final MCL
(g) - conslituentinfueloils(e.g.gasoline);remedialtreatmentmayrequireconsiderationof constituent in oil phase
(p) - proposed MCL
(t) - tentative MCL
(w) - combinedwilhlue)oil#2orkerosenewhenusedaswoodpreservative;remedialtreatmentmayrequire
considerationof constituent inoilphase
na - not applicable
nd • no data found
[ | Reference
f - Valuesaregivenat20°Cunlessotherwisespecified
Value is at 25
-------
APPENDIX 2
Table for Hydraulic Conductivity Units Conversion
Unit
m/d
cm/s
ft/day
gal/day/ft2
1 meter/day
1
1.16 x 10"3
3.28
2.45 x 101
1 centimeter/second
8.64 x 102
1
2.83 x 103
2.12 x 104
1 foot/day
3.05 x 101
3.53 x 10^
1
7.48
1 gallon/day/ ft2
4.1 x 10"2
4.73 x 10"5
1.34 x 10'1
1

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APPENDIX 3
U.S.D.A. Soil Texture Triangle
too,
% by Weight Clay
Vo by Weight Silt
100
100 90 80 70 60 50 40 30 20 10
% by Weight Sand

-------
PGNM.1N
FOR
PRIVATE
useisoc
01
a
I ¦"»
/ *
*
H
k'ETFR
5 i!7 79:<
MR SATISH KASTURY
HAZARDOUS WASTE ADMINISTRATOR
FLORIDA DEPARTMENT OF
ENVIRONMENTAL REGULATION
TWIN TOWERS OFFICE BUILDING
2600 BLAIR STONE ROAD
TALLAHASSEE FL 32399-2400

-------
ft0 2 s iija
4WD-RCRA
MFMORANDiTM
SUBJECT:
FROM:
THROUGH:
TO:
ISSUE
During implementation of the corrective action program
covered' by the 19 84 Hazardous and Solid Waste Amendments iHSWA.1
to the Resource Conservation and Recovery Act vRCRA), the United
States Environmental Protection Agency (EPA! - Region 4 has
encountered numerous questions regarding media cleanup standards
and implementation of remedial alternatives. Attached is final
guidance developed by the EPA Region 4 Remedy Selection Subteam
of the Corrective Action Standing Tear, to address the above
questions. Specifically, the guidance addresses the setting of
final media cleanup standards and the opportunities for
implementing proposed Subpart S through conditional remedies.
The guidance on conditional remedies should be used,in such
cases where a conditional remedy is deemed appropriate. However,
it is a site-specific decision to be made by the facility
coordinator whether to use a conditional remedy or not. In
several instances a conditional remedy might net"be appropriate.
For example, if a facility wishes to move a SWMU to the status of
no further action with unrestricted use, a full conditional
remedy might not be appropriate.
Conditional remedies accord well with stabilization
activities. The remedies selecrec as conditional remedies are
similar to those conducted under statuligation. Two major
differences exist. First, because conditional remedies occur
later in the corrective action pipeline -i.e., at remedy
selection after the CMS), sr. Ager.cy - ir.it latec permit modification
or public notice of a Statement of Basis for an order is
required. This allows for pubii.: participation, which is ofter.
Media Cleanup Standards and Conditional Remedies in the
HS'WA Program
Corrective Action Standing Team
Remedy Selection Subteam
G. Alan Farmer, Chief
RCRA Branch
RCRA Staff

-------
2
missing with stabilization. Second, areas which exhibit low
levels of contamination, which are not often dealt with m
stabilization, are addressed, either through active or passive
remediation or through institutional controls.
This guidance was written to provide general guidelines for
setting final media cleanup standards and implementing
conditional remedies. Each site may pose individual questions,
all of which cannot be answered in one guidance document. For
these individual questions, the facility coordinator is
encouraged to request guidance from the Corrective Action
Standing Team, if necessary. Additionally, because conditional
remedies often make use of risk assessments and risk-based
remediation goals, facility coordinators should also refer to the
Corrective Action Standing Team's memorandum on risk assessments
in the HSWA program. Though the attached guidance recommends the
development of risk-based concentrations to demonstrate
protection of human health and the environment based on current
exposure, as pointed out in the risk assessment memorandum, EPA
expects there to be cases where the proposed remedial alternative
limits or completely eliminates exposureIs) without the need to
establish specific numerical remedial goals (i.e., cleanup
levels). In such cases risk-based goals may need not be
developed.
EXAMPLE CONDITIONAL REMEDY
The use of conditional remedies is being exercised in Region
4. Most recently a conditional remedy was public noticed which
entailed capping the soil in place for use as a parking lot and
natural attenuation and monitoring of the groundwater. As
discussed above, because each remedy will entail site-specific
decisions not expressly addressed in the attached guidance, also
attached is the Statement of Basis for the conditional remedy
described above. This Statement of Basis may aid in giving a
better indication of some of the site-specific decisions involved
in a conditional remedy.
DISCLAIMER
This memo is intended to be a regional interpretation of how
to set final media cleanup standards and'how to implement
conditional remedies. Nothing in this memo is intended to change
or supersede future corrective action regulatory requirements.
The proposed Subpart S rule is currently under review and a re-
promulgation of the rule or a revision of the rule is due soon.
If any provisions of the revisited Subpart S rule are in conflict
with this guidance, then the final regulations will take
precedent. The policies and procedures established in this
document are intended solely for the guidance of employees of
EPA. The policies and procedures are not intended and cannot be
relied upon to create any rights, substantive or procedural.

-------
*3
enforceable by any party in litigation with the United States.
EPA reserves the right to act at variance with these policies and
procedures and to change them at any time without -public notice.
Attachments

-------
EPA Region 4
February 29,1996
MEDIA CLEAN-UP STANDARDS AND CONDITIONAL REMEDIES
Executive Summary
Several questions have arisen regarding the selection of media clean-up standards and the
use of conditional remedies. Though these questions apply to various media, they have arisen
particularly with respect to their applicability to groundwater. The proposed rule for Corrective
Action for Solid Waste Management Units at Hazardous Waste Facilities (proposed S rule) (FR,
Vol. 55, July 27,1990) was evaluated to provide preliminary guidance on these issues.
Based on an evaluation of the proposed Subpart S rule, it is recommended to develop
conservative health-based media clean-up standards within a 10"6 to 10"4 risk range for
carcinogens, assuming a residential scenario. For groundwater and surface water that are current
or potential sources of drinking water, MCLs should be considered, where available. The
conservative media clean-up standards should be developed to reflect all potential exposure
pathways (e.g., ecological risk associated with contaminated surface water or sediment,
contaminated soil acting as a contaminant source, etc.) These conservative media clean-up
standards are used for final "walk away" clean-up which has no deed notifications, institutional
controls, etc. If risk evaluations are used to deviate from these conservative media clean-up
standards, then the remedy selected will not be "final" but conditional
These are certain instances where HSWA corrective action may be deferred for a release
from a solid waste management unit (SWMU) or.area of concern (AOC), even if the release is
above conservative media clean-up standards. These include: 1) areas of broad contamination,
where any remediation of a SWMU or SWMU area would be conducted in conjunction and
consistent with on-going, area-wide remediation; 2) groundwater that is not a current or potential
source of drinking water (i.e., a Class IE aquifer or state equivalent) and that is not hydraulically
1

-------
EPA Region 4
February 29, 1996
connected to waters, either groundwater aquifers or surface water, where hazardous constituents
would migrate at concentrations greater than conservative media clean-up standards; and 3)
remediation of the media of concern is technically impracticable. Variants of these instances may
be determined on a case-by-case basis. In these instances the level of protection has not been
lessened, as either remediation will take place on a community-based project; exposure is unlikely
and/or limited due to inherent limitations on the use of the resource; or remediation will continue
when appropriate technology becomes available.
Proposed Subpart S also allows for "conditional remedies." If certain conditions are met,
conditional remedies allow the owner/operator to phase-in a remedy or remedies over time.
Under conditional remedies existing contamination (sometimes at existing concentrations) within
the facility boundary can remain unremediated for a period of time, provided certain conditions
are met. However, conservative media clean-up standards must be met for any releases that have
migrated beyond the facility. Again, though remediation may be phased in over time in a
¦s
conditional remedy, the final clean-up goals (i.e., compliance with conservative media clean-up
standards) have not changed. Rather the attainment of these goals has been delayed.
The selection of final remediation, no further action or conditional remedies varies on a
site-specific and media specific basis. Generally, it is anticipated that for soil, a conditional
remedy, which would allow clean-up to other than the conservative media clean-up standards
(e.g., industrial scenarios) provided certain conditions are met, will be the most likely scenario
used. The determination of an appropriate option for groundwater is based on the fact that
groundwater has "intrinsic qualities" which need preservation. Therefore, EPA must protect
groundwater as a natural resource. As a resource, the level of protection is dependent on whether
the groundwater is a potential drinking water source, whether the plume is within the facility
boundary, and the hydrogeologic nature of the site. As discussed above, for groundwater that is
not a potential drinking water source, a level of protection is maintained because contamination is
2

-------
EPA Region 4
February 29,1996
contained within the facility boundaries, and the affected aquifer, which is not a potential drinking
water source, is not discharging into an aquifer that is a potential drinking water source or into a
surface water body. Circumstances where a conditional remedy might apply are discussed below.
Existing Framework - Proposed Subpart S
Media Clean-Up Standards: The July 1990, Proposed Subpart S rule addresses the
selection of media clean-up standards and provides criteria for adopting some type of no further
action decision or conditional remedy. For establishing media clean-up standards, proposed
§264.525(d) provides the methodology for establishing health-based concentrations as media
clean-up standards. Point of departure for carcinogens should be 10"6 risk, but the clean-up
standard should not exceed 10"*. The clean-up standard for systemic toxicants are based on a life-
time exposure. These health-based media clean-up standards generally address exposure through
ingestion. Additionally, media clean-up standards must address any route of exposure (e.g.,
effects of soil on groundwater and subsequent groundwater exposure, ecological exposure to
surface water/sediment, inhalation pathways, etc.) present at the site.
In addition as per proposed §264.525(d)(l)(iv), Maximum Contaminant Levels (MCLs),
including any state MCLs which may be more stringent than federal MCLs, shall be considered in
establishing media clean-up standards for groundwater and surface water that are potential
i
drinking water sources. Though not specifically stated in the proposed Subpart S regulations, the
preamble discusses generally using the approach outlined in the EPA's Ground-Water Protection
Strategy (August 1984 and subsequently updated) for determining if groundwater is a current or
potential source of drinking water (e.g., Class I and II versus Class HI aquifers).
These clean-up goals would be developed using conservative exposure assumptions,
which would allow a facility to "walk away" from residual contamination at a SWMU, and would
3

-------
EPA Region 4
February 29,1996
apply to a final clean-up. Thus the establishment of final media clean-up standards are based on
conservative exposure assumptions, both present and future, site-specific migration pathways and
MCLs, where applicable. These standards allow the facility to walk away from the SWMU after
remediation. Exhibit 1 presents a general outline for the establishment of these conservative
media clean-up standards.
No Further Action and Remediation Deferment: No further action decisions may occur at
several instances throughout the corrective action process. The most obvious is at the end of
Confirmatory Sampling or the RCRA Facility Investigation where no release or no contamination
greater than "action levels" has been detected. Additionally, during the Corrective Measures
Study proposed Subpart S outlines instances where a determination is made that remediation may
be deferred, even though releases occurred above any conservative media clean-up standards, as
outlined above. Specifically for groundwater, if the constituent(s) is present in groundwater that
is not a current or potential source of drinking water (e.g., Class HI aquifer), and is not
hydraulically ^connected with waters to which the hazardous constituents are migrating or likely to
migrate in a concentration(s) greater than an action level, MCL or surface water standard, where
appropriate, remediation is not required. However, in this case there needs to be assurance that
the groundwater is not nor will be a source of drinking water. Also, in broad areas of
contamination (e.g., highly industrialized areas with significant contamination), remediation may
not be required as EPA does not believe the corrective action program's objective is to result in
"islands of purity." In these instances remediation would be conducted in conjunction and
consistent with any on-going area-wide remediation. Variants of these instances may be
determined on a case-by-case basis.
4

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EPA Region 4
February 29,1996
MEDIA CLEAN-UP STANDARDS
~	Glean-up standard shall protect human health and the
environment
~	Unless a lower standard is deemed necessary to protect the
environment, standards shall be established as follows:
O For Class A and B carcinogens, a 10"4 to 10"6 lifetime risk
shall be used, with point of departure being 10*6
O For systemic toxicants, concentrations shall be at levels at
which deleterious effects would not be a risk with daily
exposure for a lifetime
~	The following may also be considered:
O Multiple contaminants
O Exposure threats to sensitive environmental receptors
O Other site-specific factors
O Remedy-specific lactors
~	For groundwater or surface water that are current or potential
drinking water sources, MCLs should be considered
EXHIBIT 1 Development of Media Clean-Up Standards
5

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EPA Region 4
February 29,1996
Conditional Remedies: Proposed Subpart S also provides the flexibility for conditional
remedies. These allow the owner/operator to phase-in the remedy over time. In essence these
remedies would allow existing contamination (sometimes at existing concentrations) to remain
within the facility boundary for a period of time, provided certain conditions are met. With a
conditional remedy media clean-up standards throughout the plume are still set to MCLs or
equivalent health-based concentrations for the particular media of concern, but remediation to
these numbers is not required at this time. It should be noted that though remediation may be
phased in over time in a conditional remedy, the final clean-up goals (i.e., conservative media
clean-up standards) have not changed. Rather the attainment of these goals has been delayed.
Though the time frames of conditional remedies are determined on.a site-specific basis, the permit
or order should remain in effect for at least the length of the time frame of a conditional remedy .
Prior to permit or order termination, a decision regarding the final remedy must be made.
As stated in proposed Subpart S, a conditional remedy may be selected if the
following criteria are met: 1) the conditional remedy is protective of human health and the
environment (based on current exposure); 2) the Permittee shall remediate to the media clean-up
standards, (e.g., MCLs) for any contamination that has left the facility boundary; 3) the remedy
prevents further significant degradation of the environmental media through treatment and/or
engineering methods as necessary (i.e., control of releases from source and control of the further
migration of a release within the facility boundary); 4) monitoring is continued to determine if
significant degradation occurs; 5) institutional or other controls are instituted to prevent
significant exposure; 6) financial assurance for the conditional remedy is provided; and 7) the
Permittee complies with standards for management of wastes. If each of these criteria are met,
then final remediation to conservative media clean-up standards is not necessarily required at the
present time, but may be delayed until current exposure changes.
6

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EPA Region 4
February 29,1996
.Summary: As noted, though final media clean-up standards are conservative, proposed
Subpart S allows for flexibility in implementing environmental remediation. It is anticipated that
in most instances, a combination of final remedies, conditional remedies and potentially no further
actions will occur at a facility, based on site and SWMU conditions and media-specific
information. The determination of the best combination of these options is highly site specific.
However, it is anticipated that conditional remedies will probably be the most appropriate way to
-address existing on-site contamination for soils, as the areal extent of the contamination is
generally well defined, and RCRA facilities will generally remain industrial facilities. The
remediation of surface water and sediment will be driven by site-specific conditions, particularly
ecological risk and the potential for off-site migration. Conditional remedies may apply to
groundwater. However, given the nature of groundwater (e.g., intrinsic properties, potential to
migrate off-site, etc.), closer evaluation of the applicability of a conditional remedy will be
required, and it is likely that more controls and conditions will be necessary to implement a
conditional remedy for groundwater versus for soil. The use of conditional remedies will not
lessen the protection of human health and the environment, as current exposures are addressed,
and future exposures will be addressed if and when they arise.
Conditional Remedies for Groundwater
As discussed above, several conditions must be met to select a conditional remedy at a
RCRA facility. It must be determined that the land use in the vicinity of the facility supports the
use of a conditional remedy (e.g., the facility is zoned industrial/commercial, etc.). Land use
should be such that current exposure is limited and can be controlled. The specific conditions for
implementation, as listed in Table 1, are as follows: 1) the conditional remedy is protective of
human health and the environment (based on current exposure); 2) the Permittee shall clean up to
the conservative media clean-up standards (e.g., MCLs) for any contamination that has left the
facility boundary; 3) the remedy prevents further significant degradation of the environmental
7

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EPA Region 4
February 29,1996
TABLE 1 - Conditional Remedy Criteria
CnteriaNo.
:Cnferia
4
5
6
7
The conditional remedy is protective of human health and the
environment (based on current exposure)
The Permittee shall clean up to the conservative media clean-up
standards (e.g., MCLs) for any contamination that has left the facility
boundary
The remedy prevents further significant degradation of the environmental
media through treatment and/or engineering methods, as necessary (i.e.,
control of releases from source and control of further migration of a
release within the facility boundary)
Monitoring is continued to determine if significant degradation occurs
Institutional or other controls are instituted to prevent significant
exposure
Financial assurance for the conditional remedy is provided.
The Permittee complies with standards for management of wastes
8

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EPA Region 4
February 29,1996
media through treatment and/or engineering methods, as necessary; 4) monitoring is continued to
determine if significant degradation occurs; 5) institutional or other controls are instituted to
prevent significant exposure; 6) financial assurance for the conditional remedy is provided; and 7)
the Permittee complies with standards for management of wastes.
For a conditional remedy the protection of human health and the environment would be
determined based on "risk-reduction concentrations," which are developed based on existing
current human exposures and an evaluation ot any long term adverse impacts to the environment
For example, the exposure scenario for humans to soil at an industrial site might reflect what type
of exposure would be expected in that scenario rather than a residential scenario. However, as
the second criteria listed above indicates, the conservative media clean-up standards (i.e., MCLs
or equivalent health-based concentrations for the appropriate media) would apply to off-site
contamination. Thus, in instances where a groundwater plume has migrated off site, remediation
of this off-site contamination to conservative media clean-up standards is required.
For groundwater compliance with criteria #1 is determined by monitoring compliance with
the risk-reduction concentrations. In addition, compliance with criteria #1 includes the facility
initiating measures to ensure that the assumptions of exposure, on which the risk-reduction
concentrations are based, are met For example, if it is assumed that drinking water wells will not
be installed on site, the facility must initiate measures to ensure that no such wells are installed.
Monitoring wells will need to be designated to demonstrate compliance with the risk-reduction
concentrations. It is likely that these wells may be the same as thepoint-of-compliance (POC)
wells for a final remedy. Proposed Subpart S outlines several alternatives for the POC, including
the physical edge of the SWMU or SWMU area, throughout the plume, the leading edge of the
plume, if contained within the property, or the facility boundary. Though the appropriate
placement of the POC wells for final remedy is still under discussion and is a site-specific decision,
proposed Subpart S regards, and EPA Region 4 concurs, that the use of the facility boundary as a
9

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EPA Region 4
February 29,1996
POC is inadvisable. This is because locating the POC wells at the facility boundary will allow the
increased degradation of the groundwater in cases where the groundwater plume has not reached
the property boundary, which would potentially make final remedial goals more difficult to attain.
It is recommended that for final remedies the POC be set at the physical edge of the SWMU or
SWMU area. However, as mentioned above, this is a site-specific decision. This POC may be
used to determine compliance with the risk-reduction concentrations for the conditional remedy
and would be used to demonstrate compliance with the media clean-up standards for the final
remedy. That is, while the conditional remedy is on-going, the POC wells would be used for
monitoring compliance with the risk-reduction concentrations; at the time of the final remedy
(e.g., facility closing), the POC wells would be used to monitor compliance with the conservative,
residential media clean-up standards (e.g., MCLs).
In addition to the POC wells discussed above, additional monitoring wells located in the
vicinity of the downgradient property boundary (usually some distance within the property
boundary to provide a buffer) will need to be sampled to verify that off-site migration above the
conservative, residential media clean-up standards is not occurring. This monitoring will provide
demonstration of the compliance with criteria #2.
The third criteria for a conditional remedy is prevention of further significant degradation
of an environmental media. The "further significant degradation of environmental media" is
generally defined as releases of contaminants to the environment above action levels and/or MCLs
for each migration/exposure pathway. The prevention of further degradation includes addressing
both the original source of contamination and also the continued migration of the release. For
groundwater the source of the plume can consist of both soil contamination acting as a source and
the original source of existing groundwater contamination. Determination that potential further
degradation of the environment is occurring requires on-going monitoring, as stated in criteria #4,
and may require treatment and/or engineering controls. Monitoring of an existing plume should
10

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EPA Region 4
February 29,1996
occur at or near the downgradient edge of the groundwater plume. Containment systems (e.g.,
pump-and-treat, interceptor trenches, etc.) are necessary to control the migration of elevated
groundwater contamination. The success of this containment system may also be monitored
through a set of monitoring wells, located at or near the downgradient, non-detect edge of the
groundwater plume and outside of the containment system. In instances where it appears that
there is increased degradation (i.e., plume is not contained, as is) of the environmental media,
additional treatment and/or engineering controls (e.g., source removal, groundwater containment,
active remediation, etc.) may be required.
Many types of remediations may be used as a conditional remedy for groundwater, as long
as the criteria in Table 1 are met A particular category of remediation includes the use of natural
attenuation. Natural attenuation, which is considered a passive remediation, is defined as dilution,
dispersion, adsorption or biological degradation of contamination within the groundwater
medium. With natural attenuation the attenuation of contaminants to risk-reduction
concentrations during a conditional remedy, and ultimately to MCLs of equivalent for the final
remedy, will occur over an extended period of time. To utilize natural attenuation, the
contaminated soils, which may act as a source of leachate to the groundwater, and any free
product must be removed. In addition the hydrogeology of the site needs to be well
characterized. There also should be some indication of the propensity of the constituents of the
contaminated plume to attenuate naturally. In additon the contaminated groundwater would not
likely become a source of drinking water in the future because of the distance from any population
or other factors. In these instances proposed Subpart S allows remediation to occur over an
extended period of time, with natural attenuation (i.e., physical diffusion, chemical binding or
chemical and/or biological degradation) being a major factor in the remedy. Thus, in instances
where an on-site plume is fairly isolated and a sufficient distance from the facility boundary, the
monitoring of the degradation of the environment may factor in natural attenuation before
11

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EPA Region 4
February 29, 1996
requiring additional remediation and/or containment. However, performance standards will need
to be determined to evaluate the effectiveness of the natural attenuation.
Exhibits 2 and 3 depict two potential configurations of a conditional remedy and required
monitoring. First is a situation where containment is used; second is a situation of an isolated
plume where natural attenuation is being evaluated. In both instances the POC at the SWMU
boundary is used to monitor compliance with risk-reduction concentration (RRCs). These
concentrations are developed based on existing current exposure. Also, a set of wells near the
facility boundary is designated to determine if contamination is migrating off site. If so, this
contamination must be remediated to MCLs or equivalent health-based concentrations. Last,
additional monitoring is required downgradient of the plume. In Exhibit 2, this set of monitoring
wells monitors the effectiveness of the containment system and any degradation of the
groundwater. For Exhibit 3 this set of monitoring wells monitors natural attenuation and any
degradation of the groundwater. Based on the data from this third set of wells, in both situations,
additional source control, groundwater containment or groundwater remediation may be required
to prevent further degradation.
Thejemaining factors for implementation of a conditional remedy include institutional
controls, financial assurance and waste management practices. Institutional controls may include
deed notifications, fencing and posting of areas. These controls are utilized to limit exposure to
residual contamination. Inspections and maintenance may be required for some for the
institutional controls, such as fencing. Other institutional controls are currently under
consideration. The requirements for financial assurance are also under consideration, but may
possibly be similar to the financial assurance requirements under a post-closure care permit. Last,
fte facility must comply with appropriate waste management regulations and practices during the
implementation of a conditional remedy. Exhibit 4 presents allow chart which indicates the
12

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Manufacturing
building
SWMU
#1
GW Plume
Containment
LEGEND
System
Exhibit 2 - Ground-Water Conditional Remedy With Containment
• ••
Facility property

boundary

Direction of

ground-water flow
~
POC Well
•
Facility boundary

monitoring well
¦
Containment/

degradation

monitoring wells
Manufacturing
building
SWMU
#1
GW Plume
LEGEND
• •
Facility property

boundaty

Direction of

ground-water flow
~
POC WeD
•
Facility boundary

monitoring well
¦
Attenuation

monitoring

wells
13

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Facility Proposed
Conditional Remedy With
	Monitoring	
Exhibit 4 - Conditional Remedy Decision Flow Chart
14

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EPA Region 4
•February 29,1996
decision process for selecting a conditional remedy. Exhibit 5 presents a similar flow chart for the
evaluation of data from monitoring required for the implementation of a conditional remedy.
To implement a conditional remedy, the following conditions, at a minimum, will need to
be included at the time of the permit modification or development of a Statement of Basis for a
3008(h) order. These conditions include: 1) conditions listing the conservative media-specific
standards for final clean-up and for off-site contamination during the conditional remedy; 2)
conditions listing the risk-reduction concentrations for the conditional remedy, which also lists or
references the assumptions used in developing these concentrations; 3) conditions outlining the
remedy itself, including any operation and maintenance and inspection requirements (such as
inspection of fences to assure effectiveness of the institutional controls); 4) conditions requiring
submittal of reports, such as periodic effectiveness reports or monitoring/progress reports; 5)
conditions allowing for reopening the remedy selection process either due to the effectiveness of
the chosen remedy (or lack thereof) or due to a change in the assumptions used to develop the
risk-reduction concentrations (hence resulting in the remedy not being protective); 6) conditions
that allow periodic review (e.g., every five years) by the implementing agency of the remedy (both
for effectiveness and protectiveness); 7) conditions that require deed notifications; and 8)
conditions which include requirements for complying with standards for management of waste.
Redevelopment of Subpart S
Several aspects of proposed Subpart S are currently undergoing evaluation for the re-
proposal of the rule. This evaluation includes, among other things, examining land use issues, the
use of risk assessments (including ecological risk assessments), location of the POC for final
remedies, institutional controls, remedy selection and clean-up goals. As more information is
gathered and examined during these evaluations, the strategy outlined above might necessarily
15

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Facility Proposed
Conditional Remedy With
Monitoring
Continued monitoring
of if remedy is
protective of HH&E
Continue monitoring
at/near
facility boundary for
off-site migration
Continue on-going
monitoring
and inspections
Exhibit 5 - Conditional Remedy: Evaluation of Monitoring Data
16

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EPA Region 4
February 29,1996
change. As with may aspects of corrective action under HSWA, this strategy will continue to be
evaluated to assure adherence to any new guidance or policy that results from the evaluation of
the proposed Subpart S rule.
17

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HO s;„
° \	UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
\	REGION 4
vWy 5?	ATLANTA FEDERAL CENTER
100 ALABAMA STREET, S.W.
% pro^°	ATLANTA, GEORGIA 30303-3104	DECEIVED
m
RCRA
2 5	WAY 5 1997
4WD-RCRA
Mr. Satish Kastury
Environmental Administrator
Hazardous Waste Regulation
State of Florida Department of
Environmental Protection
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
SUBJ: Draft Clarification Points on the White Paper,
"Media Cleanup Standards and Conditional Remedies"
Dear Mr. Kastury:
As per our discussions last week in Tampa, Florida,
Mc, noma Wilkinson cf ttv Pt-.aff h?.s devftlnpef. some ^raf t
clarification points on the United States Environmental
Protection Agency (EPA) Region 4's white paper entitled, "Media
Cleanup Standards and Conditional Remedies." These clarification
points address the basis and use of the 10'4 to 10"6 risk and the
use of natural attenuation at certain facilities, specifically
the Motorola, Inc. facility located in Plantation, Florida and
the Eveready Battery Company facility located in Gainesville,
Florida. As pointed out, these are draft clarification points.
However, they should provide you with some answers to your
concerns.
We have been pleased to provide this assistance to you. If
you have any more questions or need further assistance, please
contact me at (4 04)562-844 8. If you have specific questions on
the clarification points, please contact Donna Wilkinson at
(404)562-8490.
Sincerely yours,
Of.w.
Narindar M. Kumar
Chief, RCRA Programs Branch
Waste Management Division
Enclosure
Recycled/Recyclable •Pnnied with Vegetable Oil Based Inks on 100% Recycled Paper (40% Postconsumer)

-------
DRAFT
April 2e, 1997
Clarification Points With Regards to Groundwater on the "Media
Cleanup Standards and Conditional Remedies" White Paper, Dated
February 29, 199 6
Risk Ranoe: A 10"4 to 10'6 risk range is cited in the Conditional
Remedies paper. This risk range is a range provided in EPA
guidance, including but not limited to, the Corrective Action for
Solid Waste Management Units at Hazardous Waste Management
Facilities; Proposed Rule, dated July 27, 1990 (proposed Subpart
S), and the Advanced Notice of Proposed Rulemaking on Corrective
Action for Solid Waste Management Units at Hazardous Waste
Management Facilities; Proposed Rule (Advanced Notice). As
stated in both of these documents, "EPA's preference, all things
being equal, is to select remedies that are at the' more
protective end of the risk range... owners/operators should
generally use 10'6 as a point of departure.
It is pointed out throughout the Conditional Remedies paper
that "walk away" media cleanup standards are conservative health-
based numbers or MCLs, if available. A conditional remedy allows
flexibility in the time frame of remediation, and potentially the
type of remediation used. However, using a conditionally remedy
does not change the fact that EPA Region 4 has interpreted
proposed Subpart S and the Advanced Notice to mean that for
potential drinking water sources (G-I or G-II aquifers), the
ultimate cleanup goals are MCLs or equivalent health-based
concentration based on a 10"6 risk (see pages 2, 3 and 6,
Conditional Remedies paper) is the appropriate cleanup goal.
Specifically, when a conditional remedy is appropriate (site-
specific decision), it is stated, "With a conditional remedy
media cleanup standards throughout the plume are still set to
MCLs or equivalent health-based concentrations for a particular
media of concern, but remediation to these numbers is not
required at this time."
As pointed out in the second page of the cover memorandum,
the guidance was developed solely for the guidance of employees
of EPA. Any guidances, policies and procedures are not intended
and cannot be relied upon to create any rights, substantive or
procedural.
Remedy Selections at Motorola. Tnc.. Plantation. Florida and
Evereadv Satterv Company, Gainesville. Florida: A conditional
remedy was imposed for the soil at the Motorola, Inc. (Motorola)
facility located in Plantation, Florida and for the soil at the
Evereadv Battery Company (Evereadv) facility located in
Gainesville, Florida. Technically, a conditional remedy was not
imposed for the groundwater. Rather a remedy was selected. As
stated in Permit Condition II.E.8.ii. of the Motorola KSWA Permit
Modification No. 2, dated March 15, 1996, the cleanup goal for
1

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DRAFT - April 28, 1997
chromium in groundwater is 0.100 mg/L (federal and state MCL)
The health-based concentration listed in Permit Condition
II.E.8.iii. is more for illustration that exposure is not
occurring at this time; hence, using passive remediation (i.e.,
natural attenuation) is appropriate at this facility. Similarly
for Eveready, Permit Condition II.I.2. in HSWA permit
modification No. 1, dated September 13, 1996, indicates that the
ultimate cleanup goals for groundwater are MCLs or equivalent
health-based concentrations The concentrations listed in Permit
Condition II.1.3. again illustrate that exposure is not occurring
at this time; hence, using passive remediation (i.e., natural
attenuation) is appropriate at SWMU I. However, even though
exposure is not occurring at this time, active groundwater
recovery and treatment to MCLs was required at SWMU II due to the
nature of the plume (Permit Condition II.I.5) . To interpret
these conditions to mean that Motorola and Eveready facilities
are "getting a better deal" and do not ultimately need to clean
up to MCLs or equivalent health-based concentrations is
erroneous.
2

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EPA/DEP/Industry Workshop
EPA/DEP/Interaction
August 12-14,1997
Clearwater Beach, Florida

-------
DEP/EPA/Industry Annual Workshop
1997 Registration Roster
NAME
TITLE
COMPANY
ADDRESS
Arasteh. Nuhid
District Em' Engineer
FDOT
11201 N. Malcolm McKinely, MS 7500
Tampa, FL 33612-6403
Ashton, Mark
Environmental Engineer
NASA
JJ-D
Kennedy Space Center, FL 32899
Ayoub, Ibrahim F
VP of Environmental Matters
General Components, Inc
7425-124 Avenue North
Largo FL 33773
Balmai. Joel
Senior Consultant
Rust Environmental & Infrastructure
370 S. North Lake Boulevard, Suite 102B
Altamonte Springs, FL 32701
Barnes. Curtis
Engineer
Florida Dot
5301 NE 39th Avenue
Gainesville, FL 32609
Bchel, Mark
Regulatory Compliance Manager
Laidlaw Env. Services of Bartow, Inc.
170 Bartow Municipal Airport
Bartow, FL 33830
Biedcrmann, Charles Environmental Manager
Lockheed Martin Specialty Components
Post Office Box 3908
Largo, FL 33779-2908

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Black. Dcnisc	Environmental Coordinator
Boiler. Jerry	Environmental Manager
Boiling. Sharon	Reg. Compliance Administrator
Bowers.. Michael K. Hazardous Waste Coordinator
Bozeman. William
Brandt. Carl	Environmental Engineer
Breza. Jim	Sr. Project Geologist
Brown. Donn	Senior Environmental Specialist
Buffalo. Tony
Cabincss. David
Carr. John	Waste Material Manager
Carroll. Bill
Environmental Manager
United Space Alliance
Kaiser Aluminum & Chemical Corp.
Florida Tile Industries.. Inc
MacDiil AFB GCES/CEVC
Post. Buckley. Schuh & Jerniganm
I-NET. Inc
Woodward-Clyde
Lockheed Martin Specialty Components
Schering-Plough Pharm
Department of Navy
Jefferson Snuirfit Corporation
PRIMEX Technologies. Inc
USK-142
Kennedy Space Center FL 32899
1201 Airline Highway
Baton Rouge. LA 70805
Post Office Box 447
Lakeland. FL 33802
7621 Hillsborough Loop Drive
MacDiil AFB. FL 33621-5207
5300 West Cypress Street. Suite 300
Tampa. FL 33607-1066
INI-6
Kennedy Space Center. FL 32899
3676 Hartsfield Road
Tallahassee. FL 32303
Post Office Box 3908
Largo, FL 33779-2908
13900 NW 57th Court
Miami Lakes. FL 33014
2155 Eagle Drive
N Charleston. NC 28419
Post Office Box 2000
Fernandina Beach. FL 32035-2000
Post Office Box 222
St. Marks. FL 32355

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Carscy. Scldon
Carter, Lila
Clayton, Mike
Colclla, Jim
Cross, J M.
Davis. Alan
Davis. Diana
Davis. Richard
dc Vivcro, Richard
DcLa Pascua, Dcnisc
DcMaco, Ralph
Dcwar. Chuck
Director, Env. Health & Safety
Environmental Engineer
Engineer Consultant
Environmental Director
Environmental Manager
Attorney
Division Manager
Environmental Engineer
Attorney
Master Sgt.
University of South Florida
EG&G Florida
NSWC Coastal Systems Station, Code CP2S
Colella Associates
NSWC Coastal System Station, Code CP2S
L-3 Communications
Florida Power & Light Company
Florida EG&G
Rust Environmental & Infrastructure
NASA
Hopping Green Sams & Smith, PA
Tyndall AFB 325 CES-CEV
4202 East Fowler Ave , CRS 104
Tampa, FL 33620
Mail Code BOC-187
Kennedy Space Center, FL 32899
6703 West Highway 98
Panama City, FL 32407-7001
805 Smokerisc Boulevard
Port Orange, FL 32127
6703 West Highway 98
Panama City, FL 32407-7001
6000 Fniitville Road
Sarasota, FL 34232
700 Universe Boulevard
Juno Beach, FL 33408-0420
Mail Code BOC-187
Kennedy Space Center, FL 32899
370 S. North Lake Boulevard, Suite 102B
Altamonte Springs, FL 32701
JJ-D
Kennedy Space Center, FL 32899
Post Office Box 6526
Tallahassee, FL 32314
119 Alabama Avenue, Stop 42
Tyndall, FL 32403-5014
3

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Eastman. Patricia
Vice President
Ebersbach, Paul	Chief. Env. Flight
Fenton. Kevin
Ficrro. Pedro
Foshee. Ray
Manager
Fuller. Bill
Regional Environmental Engineer
Gaudio. Jan
Gay. Carla
George. Greg
Grcbing. Roger
Environmental Supervisor
Coordinator, Env. Health & Safety
Environmental Engineer. Compliance
Harm. Gene
Environmental Engineer
Hearnc. Frank
Attorney at Law
Henry. Carol D
Vice President
Jameson Environmental
101 Bayview Boulevard
Oldsmar. FL 34677
OLA. DETL 347 OG/CEV USAF
Coulter Corp
Geraghty & Miller
USAB-Hurlburt Field
COMNAVBASE Jacksonville
NAS-Mayport
Jefferson Smurfit Corporation
University of South Florida
OLA. DET1, 347 OG USAF
KSC
Hearne Graziann & Naker. PA
HSW Environmental Consultants. Inc
29 South Boulevard
Avon Park AF Range. FL 33825-5700
Post Office Box 169015
Miami. FL 33116-9015
14497 N Dale Mabry, Suite 115
Tampa. FL 33618
CES-CEV Environmental Flight
415 Independent Road. Bldg. 90053
Hurlburt Field. FL 32544-5244
Boc 102. Naval Air Station
Jacksonville. FL 32212-0102
CO NAS Mayport
Mavport,' FL 32228
Post Office Box 2000
Fcrnandina Beach. FL 32035-2000
4202 East Fowler Ave . CRS 104
Tampa. FL 33620
29 South Boulevard
Avon Park AF Range. FL 33825-5700
Post Office Box 21212
Kennedy Space Center, FL 32815
201 E. Kennedy Boulevard. Suite 2045
Tampa, FL 33602
3820 Northdale Boulevard, Suite 210 B
Tampa FL 33624
4

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llerin, Chris
Regional Office Manager
Horn. Will
Director of Safety & Health
Ingle, David
Kcisler. Maxie
Team Leader, Env Safety
& Health Programs
Korah, Oniana
Principal Engineer
Lay, Jimmy F
Lee, Richard
Environmental Specialist
Leilheiser, James	EHS Manager
Lundquist, Joe
Environmental Engineer
Lvnn, Pat
Environmental Protection Spec
Maascn, Paul
Magary, Carol
General Manager
Assistant Director
Makowski, Robert	Project Supervisor
ERM South
Jameson Environmental
US Dept. of Energy-Pinellas Area Office
Department of Navy
Engineering Technology Group
Sterling Fibers, Inc.
Arizona Chemical
Arizona Chemical
Avesta Sheffield Pipe Co.
NASA
Kaiser Aluminum & Chemical Corp
UF/TREEO Center
Wcnczel Tile
1901 South Congress Avenue, Suite 480
Boynton Beach, FL 33426
101 Bayvicw Boulevard
Oldsmar, FL 34677
Post Office Box 2900
Largo, FL 33779
2155 Eagle Drive
N. Charleston, NC 29419
154 Woodcrcck Drive North
Safety Harbor, FL 34695
5005 Sterling Way
Puce, FL 32571
2 Everitt Avenue
Panama City, FL 32401
2 Everitt Avenue
Panama City, FL 32401
1101 North Main Street
Wildwood, FL 34785
JJ-1
Kennedy Space Center, FL 32899
2149 Oberhelman Road
Foristcll, MO 32248
3900 SW 63rd Boulevard
Gainesville, FL 32608-3848
1702 Allen Creek Drive
Clearwater, FL 33546

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McCormick. Wall	Supervisor Env Management
McDonald. Arturo	Em'ironmcntal Engineer
McLcod. Bnicc	Fellow, Env. Regulatory Affairs
Mcars, Jane	Hazardous Waste Manager
Mcchling, Mark	Senior Engineer
McrashofT. Michael	Facility Manager
Morris. Richard	EHS Manager
Murrin, Lisa	Environmental. Engineer
Ncpotc Hance. Cecile	Environmental Support Manager
Newberry. Lt. Col Mike	Chief, Environmental Management
Nicvcs, Luis A.	Manager, Environmental Affairs
O'Conncll Edward	Hazardous Waste Manager
O'Reilly, Kathleen
Sr. Environmental Specialist
United Space Alliance
NSWC Coastal Systems Station. Code CP2S
Monsanto
US Navy, Facilities Dept
Ellis & Associates, Inc.
Laidlaw Env Services of Bartow. Inc.
Safety-Kleen Corp
FDOT
Buckeye Cellulose
AFDTC/EM
Ameristeel Corporation
Naval Air Station Pensacola
Florida Power & Light
USK-142
Kennedy Space Center, FL 32899
6703 West Highway 98
Panama City, FL 32407-7001
Post Office Box 97
Gonzalez, FL 32560
Post Office Box 5, Code 184JM. Naval Air Station
Jacksonville, FL 32212-5000
7064 Davis Creek Road
Jacksonville, FL 32256
170 Bartow Municipal Airport
Bartow, FL 33830
Post Office Box 20008
Tallahassee, FL 32316
11201 N. Malcolm McKinely, MS 7500
Tampa, FL 33612-6403
Route 3, Box 260
Perry, FL 32347
501 DeLeon St, Suite 101
Eglin AFB. FL 32542-5133
Post Office Box 31328
Tampa. FL 33631
190 Radford Boulevard
Pensacola, FL 32508-5217
Post Office Box 14000
Juno Beach, FL 33408
6

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Oucllcite, Robert A	Supervisor, Hazardous Waste Management
Palo/.zi, Michael	Program Manager
Paris.. Tom	Chief, Environmental Compliance
Parnsh, Gina	Associate Environmental
Pence, William L.	Environmental Attorney
Perkins, Betsy	Environmental Specialist
Perlman, Ronald	Staff Environmental Engineer
Pcstrak. Jim	Manager Environmental Systems
Pourciau, Charles L	Corporate Counsel
Quinn Jackie	Environmental Engineer
Ramsey, Judy	Chief, Waste Management Branch
Randall, Steve	Project Manager
Rao, Sri
President
EG&G Florida, Inc
Mail Code BOC-070
Kennedy Space Center, FL 32899
Post, Buckley, Schuh & Jernigan, Inc	5300 West Cypress Street, Suite 300
Tampa, FL 33607-1066
AFDTC/EMC	501 DeLeon Street, Suite 101
Eglin AFB, FL 32542-5133
KSC	Post Office Box 21212
Kennedy Space Center, FL 32815
Akerman, Senterfitt & Edison, PA	Post Office Box 231
Orlando, FL 32802
Energizer Power Systems	Post Office Box 147114
Gainesville, FL 32614-7114
Lockheed Martin Electronics &. Missiles	5600 Sand Lake Road, MP-624
Orlando, FL 32819
Aero Corporation	Post Office Box 1909
Lake City, Florida 32056
TRAK Microwave Corp.	4726 Eisenhower Boulevard
Tampa, FL 33634
NASA	JJ-D
Kennedy Space Center, FL 32899
AFTDC/EMC	501 DeLeon Street, Suite 501
Eglin AFB, FL 32542-5133
Westinghouse Remediation Services Inc	111 Kelsey Lane, Suite B
Tampa, FL 33619
Engineering & Applied Science
18545 Ottcrwood Avenue
Tampa, FL 33647

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Reis, Richard
Rider. Andrew W.
Ridley. Delia
Risse. Gary
Rundlctt. Michclc
Ryan.John
Schmidlke. Gary
Schomcr, Suzanne
Stewart. Chad
Sexton. Tara
Shannon. Russ
Sharitz, K. Neale
Shye. Jason
Environmental Projects Engineer
Chief. Environmental Compliance
Regional Environmental Manager
Remediation Manager
Environmental Engineer
Acting Deputy, Environmental Office
Waste Management Program Manager
Senior Consultant
Environmental Safety Engineer
Engineer
Program Manager
Manager
Vice President
UTC Pratt & Whitney
MacDill AFB
Sarety-Kleen Corp
Safety-Kleen Corp.
Jefferson Smurfit Corporation
NASA
US Dept. of Energy-Pinellas Area Office
Rust Environmental & Infrastructure
Advanced Elastomer Systems
EA Engineering
Air Combat Command USAF
Sterling Fibers. Inc
Precision Enterprises. Inc.
Post Office Box 109600. Mail Stop 717-03
West Palm Beach. FL 33410-9600
GCES/CEVC 7621 Hillsborough Loop Drive
MacDill AFB. FL 33621-5207
4800 S Old Peachtrcc Road
Norcross, GA 30071
4800 S Old Peaclilrce Road
Norcross, GA 30071
Post Office Box 150
Jacksonville. FL 32201
ITJ-D
Kennedy Space Center. FL 32899
Post Office Box 2900
Largo. FL 33779
370 S. North Lake Boulevard. Suite 102B
Altamonte Springs, FL 32701
604 Chemstrand Road
Contanment, FL 32533
15 Loveton Circle
Sparks, MD 21152
129 Andrews Street
Langley AFB, VA 23665
5005 Sterling Way
Pace. FL 32571
505 Canaveral Groves, Inc.
Cocoa. FL 32926
8

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Smallman, Jonnic
HVV Manager
Smith. Jeff
Sprigg, Catherine	Environmental Compliance Manager
Sroufc, Rick	Environmental Superintendent
Standridge, Karen	Continuing Education Coordinator
Stebbins, Lloyd
Stewart. Vista	Environmental Engineer
Suiglin, Vesna	Sr. EHdS Specialist
Swcaringcn, Mark	Sr Group Engineer, Env. Management
Thonipkins, Mike	Engineer
Thotapalli, Siva	Environmental Manager
Timmons. Larry	Auditor
Turkoglu, Ahmet
Environmental Engineer
NSWC Coastal Systems Station, Code CP2S
Jefferson Sniurfit Corp
Energizcr Power Systems
Air Products & Chemicals, Inc.
UF/TREEO Center
EE & G
SAJC
University of Florida
Lockheed Martin Electronics & Missies
Florida DOT
Precision Fabricating & Cleaning, Inc.
NASA-Office oflnspector General
Tyndall AFB, 325 CES/CEV
6703 West Highway 98
Panama City, FL 32407-7001
Post Office Box 150
Jacksonville, FL 32201
Post Office Box 147114
Gainesville, FL 32614-7114
Post Office Box 467
Pensacola, FL 32592
3900 SW 63rd Boulevard
Gainesville, FL 32608-3848
8049 Arlington Expressway, Suite 9
Jacksonville, FL 3221 1
630-C Anchors Street
Fort Walton Beach, FL 32548
Post Office Box 112725
Gainesville, FL 32611
498 Oak Road
Ocala, FL 32672
Post Office Box 1089 South Marion Street
Lake City, FL 32056
505 Canaveral Groves Boulevard
Cocoa, FL 32926
Post Office Box 21066
Kennedy Space Center, FL 32815
119 Alabama Avenue
Tyndall AFB, FL 32403
9

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Wantland, Gun'	Senior Consulting Enginccr/Vicc President
Wcesner, Brent	Senior Environmental Specialist
Wiley. John
Environmental Safety & Health Team Leader
William. Dan A.	Manager, Environmental Management
Williams. John
Pollution Prevention Coordinator
Wilson. Herbert	Associate Engineer
Young. Doug
Environmental Protection Specialist
Zinn. Tcrrv
Senior Attorney
Woodward-Cljdc
3919 Riga Boulevard
Tampa. FL 33619
Lockheed Martin Specialty Components. Inc.
Monsanto
Lockheed Martin Electronics & Missiles
United Space Alliance
City of Jacksonville
NASA
Florida DOT
Post Office Box 2908
Largo, FL 33779-2908
Post Office Box 97
Gonzalez, FL 32560
5600 Sand Lake Road, MP-624
Orlando, FL 32819
USK-142
Kennedy Space Center, FL 32899
4210 West Church Street. Suite 422
Jacksonville, FL 32202-4111
JJ-D-1
Kennedy Space Center, FL 32899
Post Office Box 1089 South Marion Street
Lake City, FL 32056
10

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NAME
TITLE
Kastury, Satish
Outlaw, Douglas
Kothur, Bheem
Crowley, David
Russell, Merlin
Hinkley, William
Redig, Michael
Environmental Administrator
Professional Engineer
Professional Engineer
Attoney
Professional Geologist
Bureau Chief
Environmenal Manager
DEP/EPA/lndustry Annual Workshop
1997 Registration Roster for
DEP/Tallahasse/District/EPA
COMPANY
ADDRESS
FDEP/T allahassee
2600 Blair Stone Road
Tallahassee, FL 32399-2400
FDEP/Tallahassee
2600 Blair Stone Road
Tallahassee, FL 32399-2400
FDEP/Tallahassee
2600 Blair Stone Road
Tallahassee, FL 32399-2400
FDEP/T allahassee
2600 Blair Stone Road
Tallahassee, FL 32399-2400
FDEP/Tallahassee
2600 Blair Stone Road
Tallahassee, FL 32399-2400
FDEP/T allahassee
FDEP/T allahassee
2600 Blair Stone Road
Tallahassee, FL 32399-2400
2600 Blair Stone Road
Tallahassee, FL 32399-2400

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Graves, Shelton
Budcir, Maher
Ashwood, Janet
Kaharoeddin, Ami
James, David
Posner, Augusta
Bland, Susan
Nuzie, Eric
Crane, Jim
Hardagree, Wes
Wilkinson, Donna
Pallas, Jeffrey
Green, Dick
Professional Geologist
Professional Engineer
Engineer
Professional Geologist
Environmental Specialist
Attorney
Environmental Specialist
Environmental Manager
Prof. Geologist Administrator
Corrective Action Specialist
Corrective Action Specialist
Chief
Director
FDEP/T allahassee
FDEP/T allahassee
FDEP/Tallahassee
FDEP/T allahassee
FDEP/Tallahassec
FDEP/T allahassee
FDEP/Tallahassec
FDEP/Tallahassee
FDEP/T allahassee
EPA/Atlanta
EPA/ Atlanta
EPA/Atlanta
EPA/Atlanta
2600 Blair Stone Road
Tallahassee, FL 32399-2400
2600 Blair Stone Road
Tallahassee, FL 32399-2400
2600 Blair Stone Road
Tallahassee, FL 32399-2400
2600 Blair Stone Road
Tallahassee, FL 32399-2400
2600 Blair Stone Road
Tallahassee, FL 32399-2400
2600 Blair Stone Road
Tallahassee, FL 32399-2400
2600 Blair Stone Road
Tallahassee, FL 32399-2400
2600 Blair Stone Road
Tallahassee, FL 32399-2400
2600 Blair Stone Road
Tallahassee, FL 32399-2400
100 Alabama Street, SW
Atlanta, GA 30303-3104
100 Alabama Street, SW
Atlanta, GA 30303-3104
100 Alabama Street, SW
Atlanta, GA 30303-3104
100 Alabama Street, SW
Atlanta, GA 30303-3104

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Kumar, Narindar
Hearc, Stcave
Bostwick, Bill
Snyder, Bob
Prathcr, Jeff
McGehee, Mary
Hobbs, Jennifer
White, John
Kappler, Bill
Burson, Lu
Smith, Jeff
Jones, John
Chief
Director
PE Administrator
Professional Engineer
Environmental Specialist
Engineer
Environmental Specialist
Environmental Specialist
Environmental Specialist
Environmental Specialist
Environmental Manager
Professional Engineer
EPA/Atlanta
100 Alabama Street, SW
Atlanta, GA 30303-3104
EPA/Washington
401 M Street SW
Washington, DC 20460
FDEP/Orlando
319 Maguire Boulevard
Orlando, FL 32803-3767
FDEP/Orlando
319 Maguire Boulevard
Orlando, FL 32803-3767
FDEP/Orlando
319 Maguire Boulevard
Orlando, FL 32803-3767
FDEP/Orlando
319 Maguire Boulevard
Orlando, FL 32803-3767
FDEP/Orlando
319 Maguire Boulevard
Orlando, FL 32803-3767
FDEP/Orlando
319 Maguire Boulevard
Orlando, FL 32803-3767
FDEP/Orlando
319 Maguire Boulevard
Orlando, FL 32803-3767
FDEP/Orlando
319 Maguire Boulevard
Orlando, FL 32803-3767
FDEP/West Palm Beach
400 North Congress Avenue
P. O. Box 15425
West Palm Beach, FL 33416-5425
FDEP/West Palm Beach
400 North Congress Avenue
P. O. Box 15425
West Palm Beach, FL 33416-5425

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Holmes, Tiffany	Environmental Specialist
Valade, Vicky	Environmental Manager
Fitzsimmons, Mike Environmental Administrator
Patel, Ashwin,
Engineer
Dunbar, Mike
Engineer
Moody, Tom
Prof. Engineer Administrator
Kellenberger, Bill	Engineer
Pike, Ed
Fusco, John
Emery, Charles
Tellado, Fred
Minhaj, Ghaus
Dembeck, Gil
Environmental Specialist
Environmental Specialist
Environmental Manager
Environmental Specilaist
Professional Engineer
Environmental Specialist
FDEPAVest Palm Beach
FDEP/Jacksonvillc
FDEP/Jacksonvillc
FDEP/Jacksonvillc
FDEP/Jacksonville
FDEP/Pensacola
FDEP/Pcnsacola
FDEP/Pensacola
FDEP/Pensacola
FDEP/Ft. Myers
FDEP/Ft. Myers
FDEP/Ft. Myers
FDEP/Tampa
400 North Congress Avenue
P. O. Box 15425
West Palm Beach, FL 33416-5425
7825 Baymeadows Way, Suite 200B
Jacksonville, FL 32256-7590
7825 Baymeadows Way, Suite 200B
Jacksonville, FL 32256-7590
7825 Baymeadows Way, Suite 200B
Jacksonville, FL 32256-7590
7825 Baymeadows Way, Suite 200B
Jacksonville, FL 32256-7590
160 Government Center, Suite 308
Pensacola, FL 32501-5794
160 Government Center, Suite 308
Pensacola, FL 32501-5794
160 Government Center, Suite 308
Pensacola, FL 32501-5794
160 Government Center, Suite 308
Pensacola, FL 32501-5794
2295 Victoria Avenue, Suite 364
Ft. Myers, FL 33901
2295 Victoria Avenue, Suite 364
Ft. Myers, FL 33901
2295 Victoria Avenue, Suite 364
Ft. Myers, FL 33901
3804 Coconut Palm Drive
Tampa, FL 33619-8318

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August 12,1997
8:30- 9:00
9:00-9:30
9:30- 10:30

AGENDA
FOR
EPA/DEP/Industry WORKSHOP
August 12 -14, 1997
Registration
Opening Remarks
State RCRA Program Updates
-	Universal Waste
-	Used Oil Rule Revision
-	State Authorization
-	62-730 Updates
-	1997 Florida Legislative Updates
10:30 -10:45
10:45 -12:00
Break
Update of EPA Proposed Regulations
-	Definition of SW
-	HWIR Contaminated Media/RCRA
Rifle Shot Remediation Waste
EPA-HQ
12:00-1:15
1:15-2:15
2:15-3:15
Lunch
EPA/DEP Interaction	EPA/DEP
-	HSWA Programs
-	Performance Partnership Agreement
-	Government Performance and Results
Act (GPRA)
HSWA Requirements on Generator	EPA/DEP
Closure
3:15-3:30
Break

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EPA/DEP/Industry Workshop
Page 2
3:30-4:00
4:00-5:00
Compliance Assistance
Questions & Answers
EPA/DEP
August 13,1997
9:00-10:45
10:45-11:00
11:00-12:00
Trends in Corrective Action	EPA/DEP
-	EPA Perspective
-	DEP Perspective
-	Industry Perspective
-	Discussion
Break
Risk Assessment on RCRA Program	EPA/DEP
-	EPA Perspective
-	DEP Perspective
-	Industry Perspective
-	Discussion
12:00-1:15
1:15 - 1:45
1:45-2:30
2:30 - 2:45
2:45-4:30
4:30-5:00
Lunch
Risk Assessment on RCRA Program
(continued)
EPA Intitiatives
Break
Panel Discussion
Questions & Answers
EPA/DEP
EPA/DEP

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EPA/DEP/Industry Workshop
Page 3
August 14,1997
7:30-12:30
1:00-3:00
Individual Facility Meetings
Federal Facility Meeting

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ENVIRONMENTAL PERFORMANCE PARTNERSHIP AGREEMENT
berween
THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
and
REGION IV OF THE U. S. ENVIRONMENTAL PROTECTION AGENCY
Tne Florida Environmental Performance Partnership Agreement represents a new evolving
approach to the federal/state relationship in our joint effort to protect and enhance our natural
environment. Thus approach was memorialised in an agreement berween the Administrator
and the Deputy Administrator of the Environmental Protection Agency (EPA) and the
President and Vice President of the Environmental Council of States (ECOS). Tnat document
outlined a process for differential oversight entitled the National Environmental Performance
Partnership System (NEPPS).
Tnis agreement between the Florida Department of Environmental Protection (DEP) ana
Region IV of the Environmental Protection Agency (EPA), while drawing heavily on the
NEPPS concept, addresses what the-signatories to the agreement believe is a more
fundamental ana comprehensive issue than that of oversight reform. Tnis agreement is an
explicit attempt by its parries to find new measures and redefine the relationship between DEP
and EPA to foster a broader sense of partnership and fully complement agencies' use of tools
to solve environmental problems. Pamcular attention is paid to compliance anc enforcement
activities because management at DEP and EPA see this as an area where improved
communication and accomplishment measurement can produce a strong focus on
environmental results. At the same time, both parties seek to apply the lessons learned in order
that groundwork may be laic for enhanced cooperation in other areas as well.
To this end, through the implementation of this agreement, DEP anc EPA have se: up
mechanisms to improve our ability to jointly target priority environmental problems and
identify activities that can be reduced or eliminated. Tnis agreement contains six secnons as
follows:
I. Statement of general principles.
IL Management infrastructure to sustain commitments.
HI. Management reporting requirements relative to compliance and enforcement.

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IV Developing i"t basis for measuring performance :n the ccmpi.ar.ce anc
enforcement area ;o include
a.	environmental results,
b.	compliance levels achieved, and
c.	enforcement actions and other compliance activities
V. Specific projects jointly agreed to and project selection criteria.
Identification of nonproductive enterprises and areas where additional work should be
focused.
In keeping with the spirit of NEPPS, this agreement recognizes DEP's eMe.nsive process of
self assessment called the Sterling Challenge. The Sterling Challenge is the precursor to the
Governor's Sterling Award evaiuanon process, an award bestowed annually to Florida
organizations that excel in the principles of leadership, employee involvement, customer
satisfaction, and continuous improvement. A comprehensive document entitled Department of
Environmental Protection Total Ouahft Leadership is available for reference.
I. Principles of Agreement
This agreement represents continued evolution in the roles of both the federal and state
partners. The maturity of DEP programs, the growing respect by DEP of EPA's desire
for appropriate change, and our growing history of partnership activities have set the
stage for this agreement. EPA and DEP realize that we cannot accomplish better
environmental protection alone. We recogrtrze that we need each other, as well as the
regulated community ar.j the public at large, to be successful in protecting the natural
resources in Florida
Tne principles of this agreement Include:
-	2 commitment to institutionalize environmental problem solving as an
operational methodology based on an environmental strategy that encourages
innovation, prevention of pollution, incentive-based regulatory alternatives, and
more coherent cross-media efforts to produce collaborative solutions to
environmental problems;
-	a commitment to actively search for meaningful environmental measures of
progress that demonstrate environmental results and give useful management
feedback;
-	promotion of continuous improvement in approaches to protecting the
environment;
-	2 commitment to engage stakeholders in the work associated with this
agreement,
2

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-	continuous commitment to enforce existing environmental regulanons;
-	the open sharing of informanon and perspecnves,
-	a commitment to joint strategic planning that will assist the agencies in
idenrifyin2 problem areas within ecosystems ana applying resources toward the
most serious of these problems;
-	attendance to the special needs of disadvantaged peoples and communities;
- a recognition that inherent to this agreement is the responsible stewardship of
financial, material and human resources of both agencies.
Management Infrastructure
To sustain EPA and DEP commitments associated with this agreement, an Executive
Steering Committee (ESC) and four Quality Management Boards (QMBs) are
established upon the effective date of this agreement. Tne ESC will consist of the
EPA Region IV Administrator, the EPA Region IV Deputy Regional Administrator,
the DEP Secretary, and the two DEP Deputy Secretaries Tne four QMBs will include
the Data Requirements QMB, the Performance Measurements QME, the Projects
QMB, 2nd the Resource Expenditures QMB. Each QMB will be co-chaired by EPA
and DEP representatives.
Sections in through VI of this agreement include 2 charge to each QMB. Pursuant to
each charge, QMBs will prepare status updates and a report to the
ESC pursuant to the following schedule.
and
Schedule
Enecrive Date of Asreemer.
December 6, 1996
First Status Update from all QMBs
January 15, 1997
Report from Projects QMB
March 3, 1997
Second Update from Data Requirements, Performance	March 3, 1997
Measurements, and Resource Expenditures QMBs
inird Update from Data Requirements. Performance
Measurements, and Resource Expenditures QMBs
pril 15, 1997
Report from Data requirements, Performance
Measurements, and Resource Eraendirures QMBs
June 2, 1997

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: e maintain the sp;r.t of tins ne\^ partners':!:::. a meeting \^".]! be held between tne EPA
anc the DEP in the fall cf each year A pr.mary actiwty a: this meeting will be to
establish strategic goals and priorities for no corning year and to review progress
towards, and connnued relevance of, prior established coals Progress m
ecosvstem/CBEP areas will aiso be renewed and opportunities for improved
collaboration, efficiency and strategic accomplishment will be evaluated anc direction
set as necessary.
El. Informanon Relative to Compliance and Enforcement
Enforcement is an important tool in achieving compliance with existing environmental
statutes. Historically, the number of enforcement actions, the penalties colleaed and
number of facilities inspected have been the core of the compliance and enforcement
programs in Florida. This Performance Partnership Agreement seelts to move away
from these measures as the sole measure of success of a program and rather move
toward measures that more adequately reflect the environmental results we all seek to
achieve
EPA ana DEP recognize the unique role that EPA shares with DEP as an
environmental steward; in compliance monitoring and enforcement; and in compliance
assistance and self-policing. To that end. we seek to accomplish the larger goal and
seek to minimize the nonessential activities whenever possible.
Charge: By June 2, 1997, (he Data Requirements QMB is to determine how
EPA and DEP will assess compliance and enforcement in Florida.
Tne Data Requirements QMB is assigned responsibility to determine the minimum
management reporting requirements (measurements) necessary for EPA ana DEP to
verify- proper management of environmental programs in Florida. Tne final repen will
contain the minimum cata requirements needed for good management and will reflect
alternative ways of measuring should it be determined that bener approaches can be
found than those which presently exist. Tne Data Requirements QMB will assign tasks
to program sub-workgroups
Tne output from the Data Requirements QN3 will replace the compliance and
enforcement MOU for all programs for 199S (97-9S). Tnus, mere will be no separate
Compliance and Enforcement MOU other than this agreement and all EPA grant
requirements will be consistent with this workgroup output.
IV. Measurements - Environmental Results Compliance Rates. Enforcement ar.c
O'r.2" Compliance Acn,.in6S
Charge: B} June 2, 1997 the Performance Measurements QMB is assigned the
task of developing methods to report on health and environmental outcomes,
compliance rates, and pollutant reductions.

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Tr.e Performance Measurement QMB charge builds on the work of the Data
Requirements QMB In repomng environmental outcomes, the Performance
Measurements QMB will develop the mechanism for capturing environmental benefits
based on enforcement, compliance assistance and self-policing \\rnile environmental
and health outcomes are dim cult to quantify, thus QMB and designated program sub-
workcroups thai were appointed in the Data Requirements charge should, a; a
minimum, research methods to quantify ways of reporting environmental and human
health outcomes Compliance rates should be developed for every program where
feasible. Where compliance rates are unknown, 2 schedule and plan should be
presented for DEP and EPA to obtain the same. The Performance Measurements
QMB should develop methods to ensure the integrity of compliance rates
Specific Projects and Selection Criteria
Charge: By March 15, 1997, the Projects QMB will develop selection criteria for
the joint selection of environmental projects in Florida and will identify
environmental issues or problems where a coordinated approach by both
agencies would likely produce better environmental results.
In developing the selection criteria, the QMB will review existing EPA and DEP
programs to identify areas for improved program integranon Joint projects can then be
selected that will further the goals of improved agency integranon, protection of human
health, implementanon of an ecosystem approach to environmental management and
the application of an environmental problem solving methodology.
Resource Expenditures
As federal EPA programs evoived and were delegated from EPA to the state, each
program came with reporting and various paperwork requirements. Over the vears. as
the number of programs has grown, the administranve reporting requirements have
also grown, and in some cases, become duplicative
In recognition of the new relanonsrup being forged, the Resource Expenditures QMB
has been formed to examine current requirements and practices presently occurring
between the agencies in support of delegated programs. There are several areas of
interest which need examination, ranging from administrative grant reporting
requirements, work plans, memoranda of understanding, and other special documents
The Resource Expenditures QMB will assign tasks to program sub-workgroups to
accomplish this task
Charge: By June 2. 1997. the Resource Expenditures QMB will e.\amine all
reporting requirements to eliminate redundant or non-productive requirements
and develop a new list cf murunlh acceptable reporting requirements. A final
report will be produced which will establish the new working relationship
berween the DEP and EPA regarding these requirements.

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To accomplish this obiecme. EPA agrees lo c.x.'imine its requirements of the
suite to determine their necessity. EPA will define the statutory, regulnton.. and
administrative minimum of information needed to support and provide
accountability for their approval of delegated programs. Based on that
definition, the QMB will develop a new set of reporting requirements.
DEP agrees to poll all its programs which arc federally delegated to determine
the extent and number of agreements, administrative reporting requirements,
work plans, and any other documents presently required by EPA and develop a
comprehensive listing of such documents.
This agreement is hereby entered into this 6th day of December, ] 996, arid remains in effect
until September 3<2, 1997^unless amended in writing by mutual consent
J Ujquiua
John K Hankinson, Jr.
Regional Administrator
U. S. Environmental Protection Agency
E.esion IV
Virginia E. Wetherell
Secretary
Florida Department of Environmental
Protection
6

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Waste Management Division's Goals, Objectives/Outcomes and
Performance Measures
I. Division Goal
To protect public health and the environment through the promotion of waste and product management practices that
prevent or minimize the generation of waste and encourage recovery, reuse and recycling.
Objective/Outcome
A. To reduce solid waste and other materials which would otherwise become MSW, through recycling, through the use
of processed fuels derived from municipal solid waste (MSW) used in industrial boilers, and through other waste
reduction measures
Performance Measures
1. The percent of waste diverted for recycling
2	The tons of solid-waste disposed per capita per year
3	The total tons of waste disposed
Strategy
a. To promote solid waste management practices that prevent or reduce the generation of
waste and encourage beneficial recycling by prouding education, technical assistance
and gram funds to assist local governments implement solid waste programs and
practices that comply with Department rules
b Incorporate P2 into all Division activities - technical assistance, training, rule making,
compliance assistance. C/E agreements, permuting, etc
Object i ve/Outcome
B To reduce hazardous waste generation.
Performance Measures
1	The total volume of hazardous substances reduced in the state e?:h year on a per capita basis.
Strategy
a Develop an inventory and reporting process ulnch quantifies the total volume of Hazardous
substances manufactured or imported into the state annually and tracks the volumes reduced over
time
b Report and track total number of documented unpermitted releases, spills, or discharges, including
the amouni of waste illegally disposed of and/or remediated by emergency response, compared to
last year's number and amount, and the tiend over the past five years.
c. Incorporate P2 into all Division activities - technical assistance, training, rule making, compliance
assistance. C/E agreements, permitting, etc.
2	The total volume of hazardous waste reduced from the previous year and the trend in waste reduction over
time.
Strategy
a. Develop an inventory and reporting process which can track the total volume of Hazardous Waste
produced, reduced, reused and/or recycled on an annua) basis. Possible source for inventory
information may include:
•	Toxics Release Inventory (Sara 313)
•	Permitted facilities
•	Manifested waste
•	Illegal releases, abandoned, spills, clean-ups
•	Biennial reports

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• Total waste transported to Hazardous Wasie Permitted Faciliucs
b Incorporate P" mio all Division activities - technical assistance, training, rule making,
compliance assismncc. C/E agreements, permitting, etc
3 The percent change in generator status, shifts from LQG to SQG to CESQG to Nonhandler over time.
Strategy
a. Incorporate P~ into all Division actmues - technical assistance, training, rulemaking,
compliance assistance. C/E agreements, permitting, etc.
b Develop a report which lists the current generator status of all Hazardous Waste facilities in
Florida and tracks the number and percentage of changes over time.
II. Division Goal
To protect public health and the environment through tiie promotion of waste management practices that ensure
proper management of generated waste and prevent discharges of chemicals and petroleum products contained in
storage tank systems.
Objective/Outcome
A To prevent releases of regulated waste constituents and hazardous substances to the environment
Performance Measures
1 Number of reported releases from regulated facilities
Strategy
a. Increase the use of multi-media pollution prevention techniques as the preferred method of
waste management
b Reduce Mercury. Lead and Cadmium in MSW
c. Promote responsible hazardous waste management and pollution prevention by Small Quantity
Generators (SQGs) of Hazardous Waste by providing education, technical assistance and
implementing incentives for voluntary compliance through local and regional
government SQG programs.
d Promote the proper management of used oil. recovering resources which have the potential for
further use while working to prevent the disposal of used oil and oily wastes into the
environment.
e.	Reduce Household Hazardous Waste (HHW) and Conditionally Exempt Small Quantity
Generator Hazardous Waste (CESQG) that is Entering the Municipal Solid Waste
Stream or Otherwise being Mismanaged.
f.	Promote and ensure responsible municipal solid waste landfill management practices by
providing education, technical assistance, facility permitting, inspection and monitoring
and redemption that reduces the amount of surface and groundwater contamination
and gas emissions from municipal solid waste landfills
g.	Promote and ensure responsible waste tire processing facility management practices by
providing education, technical assistance, facility permitting, inspection and monitoring
that prevent or reduce the amount of surface and groundwater contamination.
h Promote and ensure environmentally responsible organic materials management through
compost facility management practices including education, technical assistance, facility
permitting, inspection and monitoring that prevent or reduce the amount of surface and
groundwater contamination.
l. promote and ensure environmentally responsible management of construction and demolition
debris through education, technical assistance, facility permitting, inspection and
monitoring that prevent or reduce the amount of surface and groundwater
contamination.
j The percentage of hazardous waste permitted facilities that have returned to compliance with
or without formal enforcement, in relation to the number of facilities inspected this
year

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k The percentage of hazardous waste generators dial ha\e returned to compliance with
or without formal enforcement in relation to the number inspected.
1. The rate of time to return to compliance with or without formal enforcement.
m The percentage of hazardous waste permitted facilities and hazardous waste generators in
compliance with their compliance schedules
Objective/Outcome
B. To prevent releases from tank systems to the environment.
Performance Measures
1	Number of reported releases
Strategy
a.	100% of new facilities reported to the DEP are entered into the inventory database (within
30 days of receipt of the informauon ?).
b.	100% of facility information changes reported to the DEP that affect registration fees are
entered into the inventory database (within 30 days of receipt of the information ?).
c 95% of facility information changes reported to the DEP that do not affect registration fees
are entered into die inventory database (widun 30 days of receipt of die information ?).
(Above Controlled by the input of registration clerks but may be aided by delegation to Local
Contractors)
2	To ensure that all DEP regulated facilities comply with requirements to monitor for and
prevent releases, and to minimize the effects of releases when they do occur through
annual compliance inspections and enforcement actions performed by contracted local
counn government personnel, and DEP District personnel for non-contracted activities
Strategy
a. 100% of regulated facilities receive an annual compliance inspection,
b 100% of new and replacement storage tanks, reported to the DEP. are inspected prior
to the tanks being placed into service.
c increase in the % of facilities in compliance each year, except in years following
upgrade deadlines.
d for facilities not in compliance, achieve at least 50% CWOE after the initial
inspection
e for facilities not m compliance, achieve at least 75% CWOE after die first
re-inspection.
f. for facilities not in compliance, achieve at least 25% CWOE after meeting with die
responsible pam.
g issue one or more formal agency actions (i.e. NOV, CO, Case Report, or Cases
Closure) widiin one year of initiating an enforcement action
3. Ensure the quality and consistency of inspections conducted in the storage tank program
through audits of contracted local government storage tank programs and District
storage tank programs.
III. Division Goal
To protect public health and the environment dirough die promotion of waste cleanup management practices that
ensure effective and timely cleanup of die environment from contamination caused by discharges of hazardous
substances and petroleum products.
Objecti ve/Outcome
A. Clean up known contaminated sites

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Performance Measures
1 The Number and percentage of known contamination sites that have been cleaned up through District
enforcement. State funded cleanup activities and State voluntary cleanup programs.
Strategy
a Number and percentage of sues with No Further Action (NFA) remedies.
b.	Number and percentage of sites with Short-term Monitoring Only (1-2 years) remedies,
c Number and percentage of sites with Long-term Monitoring Only remedies,
d Number and percentage of sues with ongoing remedial action,
e. Number of sues with completed remedial acuons (Cleanup goals have been met).
f Develop assessment procedures for Tanks program which can quickly and inexpensively confirm
if the site is an NFA.
2.Progress and ume required to complete cleanup through District enforcement, state funded cleanup actions,
and Stale voluntary cleanup programs.
Strategy
a. Number and percentage of approved PCAPs and CAPS
b Number and percentage of approved PCARs
c.	Number and percentage of approved CARs
d Number and percentage of approved RAPs
e Number and percentage of approved MOPs
f Number and percentage of approved NFAs
g Number and percentage of Sites Completing Remedial Construction
h. Number and percentage of approved SRCOs (delistments)
i Number and percentage of sues assesed by Sue Teams (or their Contractors)
j. Max/mm/average duration of determination of NPL status
k Max/ min /average duration to complete CAR
1 Max/min/average duration to complete RAP/Design
in Max/nun average duration to complete Remedial Construction
n Max/min/average duration of Operation and Maintenance to reach cleanup goals.
Objective/Outcome
B Encourage restoration of contaminated sites by private parlies.
Performance Measures
1 Number and percentage of sites addressed through private party cleanups
Strategy
1 Number and percentage of known sues that are participating in a voluntary cleanup program.
2.	Number and percentage of known sites being addressed without formal enforcement
3.	Develop inventory and reporting process which will track the number of sites in each program
area.
Objective/Outcome
C Remedial decisions which integrate, to the extent possible, related aspects of other Departmental programs such as
pollution prevention, reuse, and ecosystem management.
Performance Measure-
Number and percentage of sues with remedial actions which integrate reuse, P2 and ecosystems management
principles

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Strategy
1 Number and percentage of sues selecting onsite ueatmcnl or reuse rather than off site disposal of
contaminated media.
2. Number and percentage of sites with remedial acuons integrated into the facilities' ongoing
operations
3 Number and percentage of sues integrating ecosystem management policies and projects into sue
cleanup.
4. Number and percentage of sues where remediation integrates P2 efforts within the ongoing
facilities' operations.
Objective/Outcome
D. Remediate and quickly stabilize sites with hazardous substance contamination which pose an imminent threat to
the public health and safety and/or is necessary to prevent/minimize contaminant migration.
Performance Measures:
1 Number and percentage of known sues with Intenm Remedial Action (IRAs) or Emergency Response
actions
Strategy
1.	Number and percentage of known sites where IRAs plans have been approved (annually).
2.	Number and percentage of known sites where IRAs have been implemented (annually)
3.	Number and percentage of spills or discharges addressed by the FDEP Emergency Response Program
and/or State Contractors
4 Develop strategy to track the number of sites identified as needing IRAs in current year and last 5
years

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Managing for Results
at EPA
Planning
Budgeting
Analysis
Accountability
1

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What we hope to accomplish with this
^ F meeting today
v Present an overview of EPA's framework for the
new Planning, Budgeting, Analysis &
Accountability System

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government Performance Results Act Implementation
Purpose: To bring private sector management
techniques to government programs.
Coverage: Applies to virtually every federal
agency.
Approach: Require agencies to set goals, measure
performance, and report on their
accomplishments.
3

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Government Performance Results Act Implementation
What is driving this process?
Good Government:
National Performance Review
$$$$$$$$
FY 1996 Deficit =
National Debt =
Decision makers tired of making arbitrary cuts.
4

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Will this stuff just go away?
No. Part of National Performance Review and
implementation is required by:
-	GPRA Act (Appendix 1)
-	OMB Circular A-ll Budget Formulation
Guidance (Appendix 2)
-	Chief Financial Officers Act ^ .,
-	Executive Order on Customer Service
(Appendix 3)
-	GMRA (Appendix 4)

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Government Performance Results Act Implementation
Is this performance stuff easy?
No. Corporations have a tough time with it
too.
Federal agencies in the pilot had mixed success
(see Appendix 5, OMB Memo).
Even journalists have a tough time reaching
their audience and they are communication
"experts".
6

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Government Performance Results Act Implementation
EPA had 6 pilots in Government-wide/OMB
approved GPRA pilots:
Chesapeake Bay Program (Appendix 6)
Acid Rain Program (Emission Tracking System)
- Superfund Program (Cleanup)
Leaking Underground Storage Tank Program
Surface Water Treatment Storage Rule/
Public Water System Supervision Program
Environmental Technology Initiative
In addition, EPA now has 46 internal EPA pilots.
GAO gave National Goals Project high marks.
7

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Government Performance Results Act Implementation
Steps
1.	Develop Strategic Plan.
2.	Develop Performance Measures (Outcomes,
Outputs).
3.	Develop Performance Plan/Incorporate into
Budget Requests.
4.	Report Achievements/Explain Shortcomings.
8

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EPA/DEP/Industry Workshop
HSWA Requirements on
Generator Closures
August 12 -14,1997
Clearwater Beach, Florida

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RCRA GENERATOR CLOSURE GUIDANCE
TABLE OF CONTENTS
Section	Page #
Part 1 Quality Assurance	1
Part 2 Warning Signs	2
Part 3 Progress Reporting and Notifications	2
Part 4 Source Removal Actions	3
Part 5 Contamination Assessment	5
Part 1 Quality Assurance
1.	Pursuant to Chapter 62-160, Florida Administrative Code
(F.A.C.), the sampling and analysis activities conducted for
Source Removal Actions and Contamination Assessment under this
Closure Guidance are Category 4, that is, laboratory and field
activities for the specified project shall be outlined in a
DEPARTMENT APPROVED Quality Assurance Project Plan (QAPP).
Furthermore, any laboratory data which is submitted in support of
a "Certification of Clean Closure" (CCC) must be based on EPA
Document SW-846 sampling and analysis methods.
2.	Within 30 days of the effective date of the Order
incorporating this Closure Guidance (the Order), Respondent shall
submit to the Department documents certifying that the
organization(s) and laboratory(s) performing the sampling and
analysis have a DEPARTMENT APPROVED Comprehensive Quality
Assurance Plan (Comp QAP) in which they are approved for the
sampling and analysis intended to be used for any assessment and
corrective actions at the site. The documentation shall, at a
minimum, contain the TITLE PAGE and TABLE OF CONTENTS of the
approved Comp QAP meeting the requirements of Rule 62.160, F.A.C.
If the organization(s) or laboratory(s) performing the sampling
and analysis change at any time during the assessment and
corrective actions, documentation of the DEPARTMENT APPROVED Comp
QAP of the new organization or laboratory must be submitted at
least 20 days prior any sampling or analysis. If at any time
sampling and analysis are to be conducted which are not in the
Approved Comp QAP, documentation of amendments and approvals
pursuant to Rule 62-160.210, F.A.C., shall be required.
3.	Within 60 days of the effective date of the Order,
Respondent shall submit to the Department for review and approval
a site-specific Quality Assurance Project Plan (QAPP) which
complies with all applicable requirements of Chapter 62-160,
F.A.C. A QAPP is required for all persons, including consultants
and laboratories, collecting or analyzing samples.
4.	In the event that Respondent wishes to amend or change an
approved QAPP or the Department requires a new QAPP or
modification of the previously approved QAPP, protocols specified
Revised 1/9/95 (Title 62 changes)

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in Rule 62-160.220(7), F.A.C., shall be followed. If QAPP
modifications are required by the Department, such modifications
shall be submitted to the Department within 30 days of receipt of
a notice from the Department to do so. The Department, in its
sole discretion, may grant an extension of time for submittal of
the QAPP modifications.
5.	The Department reserves the right to reject all results
generated by Respondent prior to QAPP approval if there is
reasonable doubt as to the quality of the data or methods used or
which are not in accordance with the Department approved QAPP. THE
FACT THAT THE DEPARTMENT HAS NOT APPROVED RESPONDENT'S PROPOSED
QAPP SHALL NOT ACT TO EXTEND ANY DEADLINES SET FORTH IN THIS
CLOSURE GUIDANCE.
Part 2 Warning Signs
6.	Within 30 days of the effective date of the Order,
Respondent shall post signs at the subject facility in accordance
with the requirements of Rule 62-736.500(3), F.A.C. Warning signs
shall be maintained throughout the period of time the tasks
described herein are on-going.
Part 3 Progress Reporting and Notifications
7.	On the first working day of each month after the effective
date of the Order, Respondent shall submit written progress
reports to the Department. These progress reports shall describe
the status of each currently required or on-going closure task.
The reports shall be submitted until final closure pursuant to a
Department-approved Certification of Clean Closure or until a
closure permit is issued.
8.	Respondent shall provide written notification to the
Department at least ten days prior to installing monitoring or
recovery wells, and shall allow Department personnel the
opportunity to observe the location and installation of the wells.
All necessary approvals must be obtained from the water management
district before Respondent installs the wells.
9.	Respondent shall provide written notification to the
Department at least 20 days prior to any sampling, and shall allow
Department personnel the opportunity to observe sampling or to
take split samples. Raw data shall be exchanged between the
Respondent and the Department as soon as the data is available.
10.	Respondent shall immediately notify the Department of any
problems encountered by Respondent which require modification of
any task in this Closure Guidance document, and obtain Department
approval prior to implementing any such modified tasks.
11.	If any event occurs which causes delay or the reasonable
likelihood of delay in the achievement of any of the requirements
of this Closure Guidance, Respondent shall have the burden of

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proving that the delay was or will be caused by circumstances
beyond the reasonable control of Respondent, and could not have
been or can not be overcome by due diligence. Upon occurrence of
the event Respondent shall promptly notify the Department orally
and shall, within seven calendar days, notify the Department in
writing of the anticipated length and cause of delay, the measures
taken or to be taken to prevent or minimize the delay, and the
time table by which Respondent intends to implement these
measures. If the parties can agree that the delay or anticipated
delay has been or will be caused by circumstances beyond the
reasonable control of Respondent, the time for performance
thereunder shall be extended for a period equal to the delay
resulting from such circumstances. Such agreement shall be
confirmed by letter from the Department accepting or if necessary
modifying the extension request. Respondent shall adopt all
reasonable measures necessary to avoid or minimize delay. Failure
of Respondent to comply with the notice requirements of this
paragraph shall constitute a waiver of Respondent's right to
request an extension of time to complete the requirements of this
Closure Guidance. Increased costs of performance of any of the
activities set forth in this Closure Guidance or changed economic
circumstances shall not be considered circumstances beyond the
control of Respondent.
Part 4 Source Removal Actions
12. A.	Within 30 days following the effective date of the
Order, Respondent shall submit to the Department a detailed
written closure plan for Source Removal Actions (SRA)and a
preliminary schedule for site assessment that meets the objectives
of 40 CFR 265.111.
12. B.	The objectives of the SRA shall be to remove
specific known contaminant source(s), and/or provide temporary
controls to prevent or minimize contaminant migration. Applicable
portions of the SRA plan shall be signed and sealed pursuant to
Rule 62-103.110(4), F.A.C. The SRA plan will be evaluated with
respect to the following criteria:
(1)	Rational for the SRA proposed, incorporating
engineering and hydrogeological considerations including but not
limited to technical feasibility; long-term and short-term
environmental effects; implementability (including any permits or
approvals from federal, state, and local agencies); reliability;
and a thorough discussion of any alternative SRAs considered and
not proposed;
(2)	Design and construction details and specifications
for the SRA;
(3)	Operational details of the SRA including but not
limited to the disposition of any effluent; expected contaminant
concentrations in the effluent; an effluent sampling schedule if
treated ground water is being discharged to ground water, surface

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water, or to the ground; and the expected concentrations and
quantities of any contaminants discharged into the air as a result
of remedial action;
(4)	Operation and maintenance plan for the SRA
including but not limited to daily, weekly, and monthly operations
under routine conditions and a contingency plan for non-routine
conditions;
(5)	Details of the treatment and disposition of any
contaminated soils or sediments. Any soils or non aqueous phase
liquid removed during the SRA shall be completely analyzed for
chemical constituents and TCLP characterization;
(6)	The effectiveness of the SRA will be determined by
the Contamination Assessment as implemented pursuant to Section 5
"Contamination Assessment."
(7)	A detailed schedule for the completion of the SRA,
which shall in no case exceed 90 days;
(8)	A Department approved Comp QAP.
13.	The Department shall review the proposed SRA plan and
provide Respondent with a written response to the proposal.
Respondent shall not implement the SRA plan until Respondent
receives written notification from the Department that the SRA
plan has been approved.
14.	In the event that additional information is necessary for
the Department to evaluate the SRA plan, or if the SRA plan does
not adequately address the objectives and criteria set forth in
Paragraph 12, the Department will make a written request to
Respondent for the information (Request for Information, or RFI),
and Respondent shall provide all requested revisions in writing to
the Department within 30 days of receipt of the RFI. The
Department, in its sole discretion, may grant an extension of time
for submittal of the SRA modifications.
15.	If the Department determines upon review of the resubmitted
SRA plan that the SRA plan still does not adequately address the
objectives and criteria set forth in Paragraph 12, the Department,
at its option, may choose to do any or all of the following: draft
specific modifications to the SRA plan which shall be in writing
and which shall be incorporated in the SRA; take legal action to
enforce compliance with the Order or applicable law and to recover
damages and civil penalties; or complete the corrective actions
outlined herein and recover the costs of completion from
Respondent.
16.	Once an SRA plan has been approved by the Department, it
shall become effective and made a part of this Closure Guidance
and the Order. The SRA shall be STARTED within 30 days of receipt
of the Department's notification to the Respondent that the SRA

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has been approved and shall be completed within the approved time
schedule set forth in the SRA plan. The approved SRA plan shall
incorporate all required modifications to the SRA identified by
the Department.
17.	Implementation of the SRA plan shall not spread
contaminants into uncontaminated or less contaminated areas
through untreated discharges or improper treatment.
Part 5 Contamination Assessment
18.	Within 60 days of the effective date of the Order,
Respondent shall submit to the Department a detailed written
Contamination Assessment Plan (CAP). Applicable portions of the
CAP shall be signed and sealed pursuant to Rule 62-103.110(4),
F.A.C. If, prior to the effective date of the Order, the
Respondent has completed a preliminary site or contamination
assessment, Respondent shall submit to the Department a detailed
written CAP within 60 days of receipt of notice from the
Department that an CAP is required.
19.	A.	The purpose of the CAP shall be to propose methods
for collection of information necessary to meet the following
objectives to achieve closure plan performance requirements in
accordance with 40 CFR 264.111:
(1)	Provide a complete and accurate
determination, both on site and off site, of the horizontal and
vertical extent of soil, sediment, surface water and ground water
contamination, and a complete and accurate characterization of any
and all contaminated media;
(2)	Determine or confirm the contaminant
source(s); mechanisms of contaminant transport; rate and direction
of contaminant movement in the air, soils, surface water and
ground water; and rate and direction of ground water flow;
(3)	Determine the amount of material
discharged, and the time period over which it was discharged (if
applicable);
(4)	If leaking storage tanks may be the source
of the contamination, determine the structural integrity of all
aboveground and underground storage systems (including integral
piping) which exist at the site;
(5)	Establish the vertical and horizontal
extent of material discharged (if applicable);
(6)	Describe pertinent geologic and
hydrogeologic characteristics of affected and potentially affected
hydrogeologic zones;

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(7)	Describe geologic and hydrogeologic
characteristics of the site which influence migration and
transport of contaminants; and
(8)	Provide a site history as specified in
Paragraph 19C.(1) .
19. B.	The CAP shall specify tasks which are necessary to
achieve the objectives described in Paragraph 19.A. above. The
CAP shall include a reasonable and detailed time schedule for
completing each task, which in no case shall a task exceed 120
days. The tasks may include, but are not limited to, the
following:
(1)	Use of piezometers or wells to determine
the horizontal and vertical directions of the ground water flow;
(2)	Use of Electromagnetic Conductivity (EM)
and other geophysical methods or vapor analyzers to determine
appropriate placement of soil borings or ground water monitoring
wells;
(3)	Use of fracture trace analysis to discover
linear zones in which discrete flow could take place;
(4)	Use of monitoring wells to sample ground
water in affected areas and to determine the vertical and
horizontal extent of the ground water plume;
(5)	Sampling of public and private wells;
(6)	Sampling of surface water and sediments;
(7)	Sampling of air for airborne contaminants;
(8)	Analysis of soils and drum and tank
residues and review of material safety data sheets (MSDS), waste
volumes, and waste management practices for hazardous waste
determination and contaminant characterization;
(9)	Use of geophysical equipment such as
magnetometers, ground penetrating radar, or metal detectors to
detect tanks, lines or pipes, etc.;
(10)	Determination of the horizontal and
vertical extent of soil and sediment contamination;
(11)	Use of soil and well borings to determine
pertinent site-specific geologic and hydrogeologic characteristics
of affected and potentially affected hydrogeologic zones such as
aquifers, confining beds, and unsaturated zones;

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(12)	Use of geophysical methods, pump tests and
slug tests to determine geologic and hydrogeologic characteristics
of affected and potentially affected hydrogeologic zones; and
(13)	As a mandatory task, preparation and
submittal of a written Contamination Assessment Report ("CAR") to
the Department.
19. C.	The CAP shall provide a detailed technical approach
and description of proposed methodologies describing how proposed
tasks are to be carried out. The CAP shall include, as applicable,
the following information:
(1)	A detailed site history including: a
description of past and present property and/or facility owners; a
description of past and present operations including those which
involve the storage, use, processing or manufacture of materials
which may be potential pollution sources; a description of all
products used or manufactured and of all by-products and wastes
(including waste constituents) generated during the life of the
facility; a summary of current and past environmental permits and
enforcement actions; a summary of known spills or releases of
materials which may be potential pollution sources; and an
inventory of potential pollution sources within 0.25 (one quarter)
mile;
(2)	Details of any previous site investigations
including results of any preliminary ground water flow
evaluations;
(3)	Proposed sampling locations and rationale
for their placement;
(4)	A description of methods and equipment to
be used to identify and quantify soil or sediment contamination;
(5)	A description of water, soil and air
sampling methods;
(6)	Parameters to be analyzed, analytical
methods to be used, detection limits of these methods and
justification for their selection;
(7)	Proposed piezometer and well construction
details, including drilling methods and well development
procedures;
(8)	A description of methods proposed to
determine aquifer properties (e.g., pump tests, slug tests,
permeability tests, computer modeling);
(9)	A description of geophysical methods
proposed for the project;

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(10) Details of any other assessment methodology
proposed for the site;
(11)	A description of any survey to identify and
sample public or private wells which are or may be affected by the
contaminant plume;
(12)	A description of the regional geology and
hydrogeology of the area surrounding the site;
(13)	A description of site features (both
natural and man-made) pertinent to the assessment;
(14)	A description of methods and equipment to
be used to determine the site specific geology and hydrogeology;
and
(15)	Details of how drill cuttings, development
and purge water from installation of monitoring wells will be
collected, characterized, managed and disposed of.
20.	Department approval of the CAP is not required by the terms
of this Closure Guidance. Once a CAP has been submitted to the
Department, that CAP shall be made a part of this Closure Guidance
and the Order. Respondent shall begin to implement the CAP within
30 days of submittal to the Department, that is, within 90 days of
the effective date of the Order. As a courtesy to Respondent, the
Department may, at its sole discretion, review the CAP and provide
Respondent with an evaluation or recommendations which may be
helpful to the Respondent in preparing the required Contamination
Assessment Report, which is subject to Department approval
pursuant to Paragraphs 23 through 25. NOTE: Any sampling or
analysis conducted in the implementation of a CAP must be
conducted pursuant to a Department-approved QAPP to which the
provisions of Paragraphs 1, 3, 4, and 5, apply.
21.	All reporting and notification requirements spelled out
in Paragraphs 7 through 11 shall be complied with during the
implementation of the CAP tasks. Within 10 working days of
completion of the CAP tasks, Respondent shall provide written
notice to the Department that the CAP tasks have been completed.
22.	Within 300 days of the effective date of the Order,
Respondent shall submit a written Contamination Assessment Report
(CAR) to the Department. Applicable portions of the CAR shall be
signed and sealed pursuant to Rule 62-103.110(4), F.A.C. The CAR
shall:
22. A.	Summarize all tasks which were implemented pursuant
to the CAP;
22. B.	Specify results and conclusions regarding the site
assessment objectives outlined in Paragraph 19;

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22. C.	Include, but not be limited to, the following
tables and figures:
(1)	A table with well construction details,
including depth to water measurements and water elevations;
bit/augur diameter and drilling fluids; dates of installation;
well driller's name and license number; surveyor's name and
license number; casing materials, inside and outside diameters of
casing, top of casing elevation, and depth of casing; screen
material, inside and outside diameter of screen, depth of screened
intervals and slot size of screen; annulus material, including
additives for sealing, size of annulus material, depth of annulus,
installation method of annulus;
(2)	A site map showing water elevations, water
table contours and the ground water flow direction for each
aquifer monitored for each sampling period;
(3)	A table with water quality information for
all monitor wells;
(4)	Site maps showing contaminant
concentrations and contours of the contaminants;
(5)	Cross sections depicting the site-specific
geology at least to the top of the confining unit. In general
there should be at least one north to south cross section and one
east to west cross section; and
(6)	Identification of the first confining unit.
22. D.	Include copies of field notes pertaining to field
procedures, particularly of data collection procedures; and
22. E.	Make one of the following recommendations: (i) a
Certification of Clean Closure (CCC) for the site is appropriate
or (ii) the site must undergo further corrective action pursuant
to RCRA post-closure requirements. The recommendation shall be
based on site rehabilitation levels (SRLs) as set forth in
Paragraph 22. F. below. If appropriate monitoring data reveals that
the site meets SRLs, then a recommendation of CCC would be
supported. If the site does not meet SRLs, a recommendation of
RCRA closure permit must be made.
22. F.	The SRLs for ground water shall be the Chapter
62-520, F.A.C. standards and the Department's numerical
interpretation of the Chapter 62-520, F.A.C. minimum criteria, or
background levels, as determined by the Department, whichever is
higher. The SRLs for surface waters shall be those specified in
Rule 62-302, F.A.C. or background levels, as determined by the
Department, whichever is higher. SRLs for soil shall be background
levels, as determined by the Department.

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23.	The Department shall review the CAR and determine whether
it has adequately met the tasks, objectives and information
specified in Paragraphs 19 and 22, and whether appropriate data
supports the recommendation required by and made pursuant to
Paragraph 22.E. above. In the event that additional information is
necessary for the Department to evaluate the CAR or if the CAR
does not adequately address the CAP tasks, objectives and
information set forth in Paragraphs 19 and 22, the Department will
make a written request to the Respondent for the information
(RFI), and the Respondent shall provide all requested revisions in
writing to the Department within 30 days from receipt of the RFI.
The Department, in its sole discretion, may grant an extension of
time for submittal of the CAR revisions.
24.	If the Department determines upon review of the CAR or the
CAR revisions that all of the CAP tasks, objectives and
information have been satisfactorily addressed and that the
appropriate recommendation has been made, the Department will
provide written notification to the Respondent.
24. A.	If the approved recommendation is a Certification
of Clean Closure (CCC), Respondent must submit a CCC within 10
days of receipt of the Department's notification.
24.	B.	If the approved recommendation is RCRA closure
permit, Respondent shall submit a completed application which
meets the requirements of Rule 62-730, F.A.C., along with the
appropriate application fee, within 60 days of receipt of the
Department's notification.
25.	If the Department determines upon review of the CAR or the
CAR revisions that the CAR still does not adequately address the
CAP tasks, objectives and information, or that appropriate
monitoring data does not support a recommendation that CCC is
appropriate, then Respondent shall submit a completed application
which meets the requirements of Rule 62-730, F.A.C., along with
the appropriate application fee, within 60 days of receipt of
notice of the Department's determination.
26.	The Department shall review the application, if any,
submitted pursuant to Paragraph 24 or 25 and determine whether it
is complete and technically sufficient. In the event that
additional information is necessary for the Department to evaluate
the application, the Department will issue to Respondent a written
Notice of Deficiency (NOD). Respondent shall provide all
requested revisions in writing to the Department within the time
period set forth in the NOD, or, if no time period is set forth in
the NOD, within 30 days from receipt of the NOD. The Department,
in its sole discretion, may grant an extension of time for
submittal of the revised application.
27.	If the Department determines upon review of the revised
application submitted in response to one NOD that the application
is still incomplete or technically deficient, the Department, at

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its option, may choose to do any or all of the following: draft
specific modifications to the permit application and issue the
permit as modified; notify Respondent of failure to comply with
the requirements of Paragraph 24, 25 or 26; take legal action to
enforce compliance with the Order or applicable law and to recover
damages and civil penalties; issue to Respondent another NOD, with
time limits for submittal of revisions. The provisions of
paragraphs 26 and 27 apply to responses to a second and any
subsequent NODs.
28. Generator closure activities shall not be deemed completed
until such time as the Department provides the Respondent with
written notice that the CCC is approved, or until a closure permit
is issued and complied with.

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CONSENT ORDER PARAGRAPHS INCORPORATING
RCRA GENERATOR CLOSURE GUIDANCE
X.	Respondent shall close the unpermitted hazardous waste
management unit (described or identified in paragraph A. above) in
accordance with the closure performance standard set forth in 40
C.F.R. 264.111, as adopted by reference in Rule 62-730.180(1),
F.A.C. In order to accomplish closure, Respondent shall implement
the tasks set forth in the document entitled "RCRA Generator
Closure Guidance" (Closure Guidance), attached and incorporated as
Exhibit (?X?), in the manner and within the time frames set forth
therein.
XI.	This Consent Order is the "Order incorporating this
Closure Guidance (the Order)" referred to in the Closure Guidance.
Failure to make submissions or complete tasks required
osure Guidance in a timely manner shall constitute a
of this Consent Order, and shall subject Respondent to
lated penalties set forth in paragraph Y. In particular,
dition to other possible types of violations under this
, failure to submit a Source Removal Actions (SRA) plan
quately addresses the tasks, objectives and information
in Paragraph 12 of the Closure Guidance after one
or information (RFI), and failure to submit a
tion Assessment Report which adequately addresses the
jectives and information outlined in Paragraphs 19 and
Closure Guidance after one RFI, and failure to submit a
closure application if required by the terms of
24 or 25 of the Closure Guidance after one Notice of
y (NOD), are each a violation of this Consent Order for
pondent agrees to pay $5,000.

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Scenarios in which to utilize CAP/RAP, Generator Closure,
and	RCRA Closure.
CAP/RAP
1.A	recent, singular spill, accidental release, or when we
cannot prove that disposal took place after the effective
date of the relevant RCRA regulations, that has resulted
in soil or ground water contamination.
2.Respondents	have conducted an Environmental Audit of
their property or properties which they wish to purchase
that has revealed soil or ground water contamination of
indeterminate origin, or where the source of
contamination is determined to be not a result of
negligent waste management activities.
GENERATOR CLOSURE
1.Facilities where the Department has discovered a
discharge Hazardous Waste to soils and/or groundwater at
a particular site usually of a single contaminant which
may be readily remedied.
RCRA CLOSURE
1.Facilities where multiple Hazardous constituents have
been discovered, within singular or multiple solid waste
management units, in soils or ground water or both.
2.Similar to the above but may consist of some off site
contaminated properties.

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Phis is a summary of the pre-proposal post-closure rule from
ASTSWMO, dated Feb. 15, 1994. Look for the proposed rule
this fall in the CFR:
2PA is proposing alternatives to post-closure permits including
CERCLA orders (peg. 24), RCRA enforcement action (3008(h)
or maybe even a state CO) or a combination of both. Two
major reasons for alternatives are inability to comply
with financial assurance, and little incentive to
complete a post-closure application. Even where
enforcement actions cannot bring about full regulatory
compliance (e.g. financial assurance), the Agency will be
able to prescribe actions to address the most significant
environmental risks. However, whatever the vehicle, the
regs will ensure that all substantive post-closure
requirements are imposed. EPA is less concerned about
the vehicle and more concerned with expediting cleanup.
?he proposal discussions public participation/points of entry
even for orders.
?he intent is to focus on high priority (environmentally)
facilities.
)ptions other than total removal or RCRA cap are discussed.
Capping may not be the best alternative!
Interim status facilities subject to post-closure would be
subject to meet 264 requirements including corrective
action.
Tacilities under a Superfund action that addresses all releases
at the site may not need a RCRA permit (pg.28).
2PA is proposing a subset of the current Part B application
information for post-closure permits (pg.36). We will no
longer have to ask for traffic information!!!
closure timeframes (180 days) would be eliminated or modified
(extended, pg. 42). Apparently,, closure under 180 days
are the exception. An attempt to coordinate closure with
corrective action (pp. 42, 43) is noted.
fUJs in the middle of HSWA corrective action for SWMUs might not
need to meet 264/265 requirements if all the units were
being addressed.
2PA proposes to delegate 3008(h) to the authorized states. EPA
would not relinquish its ability to issue an "h" order.
EPA and States might need to agree to share or transfer
the order's implementation via an MOA (peg. 51).
tore good things to come, we hope.

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EPA/DEP/Industry Workshop
Compliance Assistance
August 12-14,1997
Clearwater Beach, Florida

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Compliance Assistance Hazardous Waste
Management Brochures
1996:
Automotive Repairs Shops
Automotive Paint & Body Shops
Drycleaners
Fiber-reinforced Plastic Manufacturers
Furniture Refinishers
1997:
Agricultural Pesticides
Photo Finishers
Printers
Printed Circuit Boards
Laboratories

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Compliance Assistance Training Courses
Automotive Repair and Automotive Paint & Body
1996:
Date
City
Location
February 29
Tallahassee
City Hall
March 19
West Palm
Palm Beach Comm.


College
March 20
Miami
Florida International


Univ.
March 27
Pensacola
District Office
April 22
Jacksonville
District Office
April 23
Gainesville
Gainesville Public


Library
May 1
Fort Myers
Edison Community


College
May 7
Tampa
USF- Tampa Campus
May 8
St. Petersburg
USF-St. Petersburg
August 6
Orlando
Peabody Hotel
August 7
Melbourne
Brevard Comm.


College - Melbourne


Campus

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Compliance Assistance Training Courses
Fiber-Reinforced Plastic Manufacturers
1997:
Date
City
April 30
Tallahassee
May 14
Panama City
May 28
Pensacola
June 3
Ft. Myers
June 24
St. Petersburg
July 16
Lake Worth
July 17
Hollywood
July 21
Stuart
July 22
N. Miami
July 28
Jacksonville
July 29
Gainesville
August 19
Orlando
Location
Executive Suites
Gulf Coast Comm. College
Chappie James State
Regional Office
Edison Comm. College
Fl. Marine Research Institute
Palm Beach Comm. College
Anne Kolb Nature Center
Martin County Admin. Ctr.
Florida International Univ.
District Office
Gainesville Public Library
Orange Cty. Cooperative
Extension Ctr.

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1012147
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