Environmental Auditing: Federal Compliance Guide Sample

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The Environmental Auditing: Federal Compliance Guide is a tool for assessing a facility's compliance with federal environmental regulations. Environmental audit checklists address auditing requirements for manufacturing and service industry facilities, as well as utilities, exploration, oil and gas, chemical companies, and regulatory agencies.

Environmental Auditing is an invaluable resource for environmental and occupational health and safety professionals, attorneys, and corporate counsel.

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Environmental Auditing: Federal Compliance Guide Sample

  1. 1. Sample Environmental Auditing: Federal Compliance Guide www.stpub.com
  2. 2. © STP ENVIRONMENTAL AUDITING: Federal Compliance Guide
  3. 3. © STP Environmental Auditing: Federal Compliance Guide A tool for assessing a facility’s compliance with federal environmental regulations
  4. 4. © STP Users of This Guide Include • Manufacturing companies • Service facilities • Utilities • Exploration companies • Regulatory agencies • Oil and gas companies • Chemical companies • EHS auditors • And many more…
  5. 5. © STP Features of This Guide • Field-tested by recognized experts • Helps ensure compliance • Helps avoid citations and fines • Allows experienced auditors to expedite their assessment • Allows less experienced auditors to review detailed instructions
  6. 6. © STP Features of This Guide • Saves time and reduces compliance and audit costs • Demonstrates due diligence • Customizable to site-specific requirements • Applicability Tables • Pre-audit Preparation • Rulebooks • Scoresheets • State differences summaries available
  7. 7. © STP Comprehensive Topic Areas • Air quality • Asbestos • Drinking water • Facility management systems • Hazardous materials • Hazardous wastes • Oil and petroleum
  8. 8. © STP Comprehensive Topic Areas • PCBs • Pesticides • Radiation (NRC licenses) • Solid wastes • Toxic Substances Control Act (TSCA) • Underground storage tanks • Wastewater
  9. 9. © STP State Differences Summaries This guide is complemented by a set of Environmental State Differences Summaries and Checklists: • 49 states covered • Puerto Rico included
  10. 10. © STP State Differences Summaries A full environmental auditing guide for California is available separately
  11. 11. © STP Features – Applicability Tables Use multi-level questions to quickly determine which regulations and sections of the rulebooks apply to specific facilities or operations
  12. 12. © STP Sample Applicability Table . . . GENERAL APPLICABILITY CHECKLIST Applies Exempt. . . . . . Y NSection 2 Exemption: Do facility discharges consist only of one or more of the following types of discharges: q q • discharges from a vessel of sewage; effluent (wastewaters) from properly functioning marine engines, laundry, shower, and/or galley sinks; or other discharges incidental to normal operation of a vessel; NOTE: This exclusion does not apply to the following vessel discharges: – overboard discharges of rubbish, trash, garbage, or other such materials; – other discharges when the vessel is operating in a capacity other than as a means of transportation, such as when used as an energy or mining facility, a storage facility, or a seafood processing facility; or – other discharges when the vessel is secured to the bed of the ocean, contiguous zone, or waters of the U.S. for the purpose of mineral or oil exploration or development. • discharges of dredged fill material into waters of the U.S. that is subject to a Section 404 permit under the Clean Water Act; • discharges of pollutants that occur during an environmental release response and while under the direction of the On-Scene Coordinator designated pursuant to 40 CFR 300 or 33 CFR 153.10(e); • discharges of pollutants from nonpoint-source agricultural and silvicultural activities, including storm water runoff from orchards, cultivated crops, pastures, rangelands, and forest lands, except as covered in 40 CFR 122.23, 40 CFR 122.24 or 40 CFR 122.25; • return flows from irrigated agriculture; • discharges from a water transfer that occurs between waters of the U.S. and does not introduce any pollutants during the transfer activity; • discharges into a privately owned treatment works, except if a permit is required for those discharges by the authorizing agency under 40 CFR 122.44(m); and/or • discharges of pesticides that have been applied consistent with all FIFRA requirements related to protecting water quality, where: – pesticides were applied directly to waters of the United States in order to control pests, such as mosquito larvae, aquatic weeds, or other pests that are present in waters of the U.S.; or – pesticides were applied to control pests that are present over waters of the U.S., including near such waters, such as aerial applications or vegetation control at the waters edge, and a portion of the pesticides are unavoidably deposited to waters of the U.S. in order to target the pests effectively.. .............................................................................................................................................................................................................................................................. ........................... ........................... Y NSection 3: Are you required to conduct discharge monitoring or submit any discharge monitoring reports? q q. . .............................................................................................................................................................................................................................................................. ........................... ........................... Y NSection 4: Does the facility treat only domestic wastes prior to discharge of wastewaters into waters of the U.S.? q q. . Y NSection 4 Exemption: Are all discharges (e.g., sewage sludge and residual) from the treatment works currently regulated by other permits issued pursuant to one of the following q q regulatory programs: • the Solid Waste Disposal Act; • the Safe Drinking Water Act; • the Marine Protection, Research, and Sanctuaries Act; • the Clean Air Act; or • state-specific permit programs approved by EPA?. .............................................................................................................................................................................................................................................................. ........................... ........................... Y NSection 5: Is the facility a concentrated animal feeding operation (CAFO)?. . q q
  13. 13. © STP Features – Pre-audit Preparation Lists materials to be reviewed or prepared before conducting an audit
  14. 14. © STP Sample Pre-audit Preparation WASTEWATER. Items to consider getting in advance: Items to have facility personnel prepare or gather in advance: . . PART 2: PRE-AUDIT PREPARATION • A site diagram, or sewer system diagram, that identifies the location of all process wastewater and/or storm water discharge outfalls. • NPDES general or individual process wastewater discharge permit, and permit application. • NPDES storm water permit application or Notice of Intent (NOI) for coverage under a general permit. • NPDES storm water permit, or a copy of the general permit issued by the EPA or authorized state permitting authority. • If applicable, the most recent “No Exposure” certification submitted by the facility, or demonstration of the “no impact” permit exclusion for small construction sites. • For industrial facilities or construction sites, the facility’s Storm Water Pollution Prevention Plan (SWPPP). • For regulated MS4s, the facility’s storm water management program, including public outreach and education program materials. • The facility’s annual storm water reports. • POTW industrial user discharge permit and permit application. • Injection well permits. • DMRs and supporting documentation. • Treatment plant operating records. • Treatment bypass records. • Baseline monitoring reports (if applicable). • Injection well operating records.
  15. 15. © STP Features – Rulebooks Provide a comprehensive set of regulatory requirement statements, plus detailed guidance on compliance issues and inspection procedures
  16. 16. © STP Sample Rulebook WASTEWATER. 1. Facilities with Wastewater Discharges: General . . PART 3: RULEBOOK. . Part A: Process Wastewater Discharges . 1.1 Determine if there have been any changes in the facility’s wastewater discharges since the last review, including changes in the volume of the discharge, associated with facility expansion or modification, production changes, or process or raw materials changes. Determine if any of these changes require modifications to the facility’s wastewater discharge permit(s). (GMP) Guide Note • Obtain copies of the previous wastewater discharge review and determine if noncompliance issues have been resolved (GMP). • Determine if changes have been reported to the appropriate agency or POTW. Determine if the POTW was notified in advance of any substantial changes in the discharge being sent to that system (40 CFR 403.12(j)). 1.2 The facility should maintain current and effective regulations on wastewater discharge requirements. (GMP) Guide Note • Determine if a copy of the current wastewater discharge regulations is maintained at the facility. 1.3 All points of wastewater discharge from the facility must be identified. (40 CFR 122.21(g)) Guide Note • Interview the facility manager and staff to determine the location of all sanitary and industrial discharges. Identify these discharge points on a base map. • Determine from interviews if all sources within the facility that contribute to the total wastewater discharge have been identified. • Verify that the facility has a copy of its current discharge permit(s), sewer ordinance, or other agreement. • Obtain site sewer drawings for sanitary and industrial plants, and identify the entities that receive the discharge(s) (i.e., surface waters, POTWs, private treatment works, and groundwater). 1.4 The facility should ensure that unauthorized materials are not put down the sewer or otherwise discharged to treatment works or surface waters. (GMP) Guide Note • Verify that internal procedures for preventing unauthorized materials from being discharged are effective (GMP).
  17. 17. © STP Features – Scoresheets Enable quick recording of a facility’s compliance status for each requirement Scoresheets are customizable
  18. 18. © STP Sample Scoresheet WASTEWATER. Facilities with Wastewater Discharges: General Facilities That Discharge to Surface Waters . . PART 4: SCORESHEET. . Part A: Process Wastewater Discharges SITE: DATE: Does not1. . N/A Complies. . . . comply 1.1 Determine if there have been any changes in the facility’s wastewater discharges q q q since the last review, including changes in the volume of the discharge, associated with facility expansion or modification, production changes, or process or raw materials changes. Determine if any of these changes require modifications to the facility’s wastewater discharge permit(s). (GMP) 1.2 The facility should maintain current and effective regulations on wastewater q q q discharge requirements. (GMP) 1.3 All points of wastewater discharge from the facility must be identified. (40 CFR q q q 122.21(g)) 1.4 The facility should ensure that unauthorized materials are not put down the sewer or q q q otherwise discharged to treatment works or surface waters. (GMP) Does not2. . N/A Complies. . . . comply 2.1 All point source discharges must be covered by a valid NPDES permit, or be clearly q q q exempt. (40 CFR 122.1(b)) 2.2 Certain exempt discharges do not need to be covered by an NPDES permit. (40 CFR q q q 122.3) 2.3 The NPDES application must represent operations and conditions at the time of its q q q filing, and must include all discharges to surface waters. (40 CFR 122 and 40 CFR 403 – 471) 2.4 NPDES permits must represent current operations and conditions and include all q q q discharges to surface waters. (40 CFR 122 and 40 CFR 403 – 471) 2.5 NPDES permits must be modified or revoked and reissued under certain q q q circumstances. (40 CFR 122 and 40 CFR 403) 2.6 The NPDES permit must be renewed. (40 CFR 122.41(b)) q q q 2.7 The site may be required to have a BMP program if it falls into certain point source q q q categories. (40 CFR 122.44(k), and 40 CFR 430.03 and 40 CFR 440.148) 2.8 Facilities that discharge certain toxic pollutants (40 CFR 401.15) into navigable q q q waters must meet additional requirements. (40 CFR 129.5)
  19. 19. © STP Formats • Online single-user • Online multi-user • Loose-leaf • CD • Loose-leaf & CD • Multi-user through risk management systems
  20. 20. © STP Up to 4 updates per year Sample Release Notes EnvironmEntal auditing: FEdEral ComplianCE guidE Release #169 October 2012 nEw and notEworthy • On May 16, 2012, EPA promulgated technology-based effluent limitations guidelines (ELGs) and new source performance standards (NSPS) under the Clean Water Act (CWA) for discharges from airport de-icing operations (77 FR 29168). These requirements, published as 40 CFR Part 449, apply to wastewater associated with the deicing of airfield pavement at primary airports. The rule requires covered airports to comply with requirements based on substitution of less toxic pavement de-icers that do not contain urea. The rule also establishes NSPS for wastewater discharges associated with aircraft de- icing for a subset of new airports. The ELGs and NSPS will be incorporated into National Pollutant Discharge Elimination System (NPDES) permits issued by the permitting authority. The effective date of this rule is June 15, 2012. These treatment standards will be addressed in a future update. • On August 14, 2012, EPA finalized the new source performance standards (NSPS) for nitric acid plants (77 FR 48433). Nitric acid plants include one or more nitric acid production units (NAPUs). These revisions, promulgated in 40 CFR 60 Subpart Ga, include a change to the nitrogen oxides (NOx ) emission limit, which applies to each NAPU commencing construction, modification, or reconstruction after October 14, 2011. These revisions also include additional testing and monitoring requirements. The effective date of this rule is August 14, 2012. These new source performance standards will be addressed in a future update.
  21. 21. © STP Please enjoy this sample of Environmental Auditing: Federal Compliance Guide
  22. 22. HAZARDOUS WASTE. Applicability of This Module . PART 1: INTRODUCTION Use the following General Applicability Checklist to determine whether a rulebook and its sections apply to your operation. If you answer YES to the rulebook question, the rulebook applies to you unless you answer YES for a rulebook exemption. Once you determine that the rulebook does apply to your operation, you must answer the section questions. If a section question does not exist, then that section applies if the rulebook applies. If you answer YES to a section question, that section applies to you unless you answer YES for an exemption from that section. If you answer YES to a rulebook or section exemption, then the rulebook or section does not apply. . . . GENERAL APPLICABILITY CHECKLIST Applies Exempt. . . . . . . Rulebook A1: Conditionally Exempt Small Quantity Generator Requirements. . Y NRULEBOOK: Does your facility generate in a calendar month 100 kg or less of hazardous waste and accumulate less than 1,000 kg of hazardous waste at any time; and generate or q q accumulate at any one time 1 kg or less of acute hazardous waste, or 100 kg or less of any residue or contaminated soil, waste, or other debris resulting from clean-up of a spill of an acute hazardous waste into or on any land or water?. .............................................................................................................................................................................................................................................................. ........................... ........................... Y NSection 3: Is your facility (or portion thereof that generates hazardous waste) only used as a laboratory? q q. . .............................................................................................................................................................................................................................................................. ........................... ........................... Y NSection 4: Is your facility an “eligible academic entity” that has chosen to manage its waste in accordance with the alternative set of hazardous waste generator requirements in 40 CFR q q 262 Subpart K?. . . . Rulebook A2: Small Quantity Generator Requirements. . Y NRULEBOOK: Does your facility generate, in a calendar month, more than 100 kg of hazardous waste but less than 1,000 kg of hazardous waste, and accumulate no more than q q 6,000 kg of hazardous waste at any time?. .............................................................................................................................................................................................................................................................. ........................... ........................... Y NSection 3: Is the facility (or portion thereof that generates hazardous wastes) only used as a laboratory? q q. . .............................................................................................................................................................................................................................................................. ........................... ........................... Y NSection 10: Does your facility generate mixed hazardous/radioactive wastes?. . q q.............................................................................................................................................................................................................................................................. ........................... ........................... Y NSection 11: Is your facility an “eligible academic entity” that has chosen to manage its waste in accordance with the alternative set of hazardous waste generator requirements in 40 CFR q q 262 Subpart K?. . . . Rulebook A3: Large Quantity Generator Requirements. . Y NRULEBOOK: Do you generate 1000 kg or more of hazardous waste; more than 1 kg of acute hazardous waste; or more than 100 kg of residue or contaminated soil, waste, or other q q debris contaminated with acute hazardous waste in any calendar month?. .............................................................................................................................................................................................................................................................. ........................... ........................... EAF 10/12 © STP HW/Part 1 - 1
  23. 23. Hazardous Waste Introduction . . . GENERAL APPLICABILITY CHECKLIST Applies Exempt. . . . . . Y NSection 3: Is the facility (or portion thereof that generates hazardous wastes) only used as a laboratory? q q. . .............................................................................................................................................................................................................................................................. ........................... ........................... Y NSection 6: Does your facility accumulate or treat VOC-containing wastes in containers or tanks? q q. . .............................................................................................................................................................................................................................................................. ........................... ........................... Y NSection 11: Does your facility generate mixed hazardous/radioactive wastes?. . q q.............................................................................................................................................................................................................................................................. ........................... ........................... Y NSection 12: Is your facility an “eligible academic entity” that has chosen to manage its waste in accordance with the alternative set of hazardous waste generator requirements in 40 CFR q q 262 Subpart K?. . . . Rulebook B: TSD Facilities—General Requirements. . Y NRULEBOOK: Do you store hazardous wastes on-site for longer than 90 days, or treat or dispose of hazardous wastes on-site? q q. .............................................................................................................................................................................................................................................................. ........................... ........................... Y NSection 5: Does your facility store or treat hazardous wastes containing VOCs in containers, tanks, or surface impoundments? q q. . .............................................................................................................................................................................................................................................................. ........................... ........................... Y NSection 6: Does your facility have any process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations q q that manage hazardous wastes with organic concentrations of at least 10 ppm by weight?. . .............................................................................................................................................................................................................................................................. ........................... ........................... Y NSection 7: Does your facility have equipment associated with hazardous waste management units that contains or contacts hazardous wastes with organic concentrations of at least 10% q q by weight?. . .............................................................................................................................................................................................................................................................. ........................... ........................... Y NSection 12: Does your facility treat or store hazardous wastes prior to ultimate disposal?. . q q.............................................................................................................................................................................................................................................................. ........................... ........................... Y NSection 13: Is your facility a land disposal facility that is the final disposal site for hazardous wastes? q q. . .............................................................................................................................................................................................................................................................. ........................... ........................... Y NSection 17: Does your facility transport hazardous waste?. . q q Y NSection 17 Exemption: Does your facility perform any of the following: q q• On-site transportation of hazardous waste by generators or by owners or operators of TSD facilities. • Transportation of used oil — those requirements are covered in Section 4 of Rulebook D of this module, “Used Oil Management.” • Transportation of universal wastes — those requirements are covered in Section 4 of Rulebook E of this module, “Universal Wastes.” • Transportation of military munitions — those requirements are covered in Section 13 of Rulebook C of this module, “TSD Facilities — Specific Requirements.” • Transportation during an explosives or munitions emergency response conducted in accordance with 40 CFR 264.1(g)(8)(i)(D) or (iv) or 40 CFR 265.1(c)(11)(i)(D) or (iv), and 40 CFR 270.1(c)(3)(i)(D) or (iii). • Transportation of mixed wastes subject to a conditional exemption for hazardous waste transportation and disposal activities under 40 CFR 266.305; see Section 11 of part A-3 of this module, “Large Quantity Generator Requirements.”. .............................................................................................................................................................................................................................................................. ........................... ........................... Y NSection 18: Does your facility reclaim, or store for more than 10 days, hazardous secondary materials that were generated by another person and that are excluded from regulation as a q q hazardous waste?. . . . Rulebook C: TSD Facilities—Specific Requirements. . HW/Part 1 - 2 EAF 10/12 © STP
  24. 24. Hazardous Waste Introduction . . . GENERAL APPLICABILITY CHECKLIST Applies Exempt. . . . . . Y NRULEBOOK: Do you store hazardous wastes on site for longer than 90 days, or treat or dispose of hazardous wastes on-site? q q. .............................................................................................................................................................................................................................................................. ........................... ........................... Y NSection 1: Do you use surface impoundments to treat, store or dispose of hazardous wastes?. . q q.............................................................................................................................................................................................................................................................. ........................... ........................... Y NSection 2: Do you use waste piles to treat or store hazardous waste?. . q q.............................................................................................................................................................................................................................................................. ........................... ........................... Y NSection 3: Do you have a landfill or waste pile that is used to dispose of hazardous waste?. . q q.............................................................................................................................................................................................................................................................. ........................... ........................... Y NSection 4: Do you operate a hazardous waste incinerator?. . q q.............................................................................................................................................................................................................................................................. ........................... ........................... Y NSection 5: Do you operate under interim status and thermally treat hazardous waste in devices other than enclosed devices using controlled flame combustion? q q. . .............................................................................................................................................................................................................................................................. ........................... ........................... Y NSection 6: Do you burn or process hazardous wastes in a boiler or industrial furnace (BIF)? q qNOTE: “Burn” means burning of hazardous wastes for energy recovery or destruction; “process” means processing of hazardous wastes for materials recovery or as an ingredient.. . .............................................................................................................................................................................................................................................................. ........................... ........................... Y NSection 7: Do you operate under interim status and treat hazardous wastes by chemical, physical, or biological methods in units other than tanks, surface impoundments, and land q q treatment facilities?. . .............................................................................................................................................................................................................................................................. ........................... ........................... Y NSection 8: Do you treat or store hazardous waste in containment buildings?. . q q.............................................................................................................................................................................................................................................................. ........................... ........................... Y NSection 9: Do you treat or dispose of hazardous waste in land treatment units?. . q q.............................................................................................................................................................................................................................................................. ........................... ........................... Y NSection 10: Do you manage remediation wastes in a corrective action management unit (CAMU), temporary unit, or staging pile? q q. . .............................................................................................................................................................................................................................................................. ........................... ........................... Y NSection 11: Do you use drip pads to convey treated wood drippage, precipitation, and/or surface water run-off to an associated collection system q q. . .............................................................................................................................................................................................................................................................. ........................... ........................... Y NSection 12: Do you treat, store, or dispose of hazardous waste in miscellaneous units? NOTE: A “miscellaneous unit” is a hazardous waste management unit that is not a container, q q tank, surface impoundment, pile, land treatment unit, landfill, incinerator, boiler, industrial furnace, underground injection well, containment building, CAMU, unit eligible for a research, development, and demonstration permit under 40 CFR 270.65, or staging pile.. . .............................................................................................................................................................................................................................................................. ........................... ........................... Y NSection 13: Do you have waste military munitions?. . q q. . Rulebook D: Used Oil Management. . Y NRULEBOOK: Does your facility generate, collect, transport, process, or re-refine used oil; burn used oil for energy recovery; or market used oil fuel? q q. .............................................................................................................................................................................................................................................................. ........................... ........................... Y NSection 2: Do you generate used oil, or operate a used oil collection center or aggregation point? NOTE: A used oil aggregation point is a site that accepts used oil collected only from q q other used oil generation sites owned by that same person and to which used oil is transported in shipments of no more than 55 gallons, and/or accepts used oil from household do-it-yourselfers.. . .............................................................................................................................................................................................................................................................. ........................... ........................... Y NSection 3: Do you operate a used oil collection center or aggregation point?. . q q.............................................................................................................................................................................................................................................................. ........................... ........................... EAF 10/12 © STP HW/Part 1 - 3
  25. 25. Regulatory Summary Hazardous Waste Introduction . . . GENERAL APPLICABILITY CHECKLIST Applies Exempt. . . . . . Y NSection 4: Do you transport used oil, or operate a used oil transfer facility that stores used oil for no more than 35 days? q q. . .............................................................................................................................................................................................................................................................. ........................... ........................... Y NSection 5: Does your facility process or re-refine used oil?. . q q.............................................................................................................................................................................................................................................................. ........................... ........................... Y NSection 6: Does your facility burn off-specification used oil for energy recovery?. . q q.............................................................................................................................................................................................................................................................. ........................... ........................... Y NSection 7: Do you direct shipments of off-specification used oil from your facility to a used oil burner; or are you the first person to claim the used oil that is to be burned for energy q q recovery meets the used oil fuel specifications?. . . . Rulebook E: Universal Wastes. . Y NRULEBOOK: Does your facility generate universal waste, collect and accumulate universal wastes received from other handlers, conduct off-site transportation of universal waste, or q q treat, recycle, or dispose of universal waste? NOTE: Universal wastes are batteries, lamps, mercury-containing equipment, and pesticides. . .............................................................................................................................................................................................................................................................. ........................... ........................... Y NSection 2: Does your facility generate, or collect from other handlers, universal wastes, and accumulate less than 5,000 kg or less total universal wastes at any time? q q. . .............................................................................................................................................................................................................................................................. ........................... ........................... Y NSection 3: Does your facility generate, or collect from other handlers, universal wastes and accumulate 5,000 kg or more total universal wastes at any time? q q. . .............................................................................................................................................................................................................................................................. ........................... ........................... Y NSection 4: Does your facility transport universal waste?. . q q.............................................................................................................................................................................................................................................................. ........................... ........................... Y NSection 5: Does your facility treat, dispose of, or recycle a particular category of universal waste? q q. . . The Resource Conservation and Recovery Act (RCRA) and the Hazardous and Solid Waste Amendments of 1984 (HSWA) are the enabling legislation that authorize federal hazardous waste regulations. These federal laws have been codified in 49 USC 6901 - 6965. The federal regulations that implement these laws are organized into the following major sections: • 40 CFR 260 Hazardous Waste Management System: General; • 40 CFR 261 Identification and Listing of Hazardous Waste; • 40 CFR 262 Standards Applicable to Generators of Hazardous Waste; • 40 CFR 263 Standards Applicable to Transporters of Hazardous Waste; • 40 CFR 264 Standards for Owners and Operators of Hazardous Waste Treatment, Storage . and Disposal Facilities; • 40 CFR 265 Interim Status Standards for Owners and Operators of Hazardous Waste . Treatment Storage and Disposal Facilities; • 40 CFR 266 Standards for the Management of Specific Hazardous Wastes and Facilities; • 40 CFR 267 Standards for Owners and Operators of Hazardous Waste Facilities Operating Under a Standardized Permit; • 40 CFR 268 Land Disposal Restrictions; • 40 CFR 270 EPA Administered Permit Programs: The Hazardous Waste Permit Program; • 40 CFR 271 Requirements for Authorization of State Hazardous Waste Programs; • 40 CFR 273 Standards for Universal Waste Management; HW/Part 1 - 4 EAF 10/12 © STP
  26. 26. Hazardous Waste Introduction • 40 CFR 278 Criteria for the Management of Granular Mine Tailings (Chat) in Asphalt Concrete . and Portland Cement Concrete in Transportation Construction Projects Funded in . Whole or in Part by Federal Funds; • 40 CFR 279 Standards for Managing Used Oil. All hazardous waste generators and facilities must comply with these regulations unless a state has a hazardous waste management program and associated regulations of its own that are authorized by the U.S. Environmental Protection Agency (EPA). Many states have met EPA 40 CFR 271 requirements and have been authorized to manage their own state programs. RCRA encourages states to develop their own hazardous waste statutes and to operate regulatory programs in lieu of the federal EPA- managed program. Many of the states have adopted the EPA regulations by reference or have promulgated regulations that are identical to EPA regulations. Several other states have developed hazardous waste regulatory programs that are substantially equivalent to the federal program, and a few states have implemented programs that differ substantially from the EPA program. In addition, EPA may directly enforce new regulations authorized by HSWA that do not have equivalent state requirements. This difference between individual state regulations and the federal program requires that auditors check the status of the state’s authorization and then determine which regulations actually apply at that particular facility. Because the rulebook is based exclusively on the requirements of the federal RCRA/EPA program, it is necessary to determine in what ways the applicable state program differs from the RCRA/EPA program. EPA’s Project XL gives regulated entities, both private and public, an opportunity to implement pilot projects aimed at developing common sense, cost-effective strategies that will replace or modify specific regulatory requirements, on the condition that they produce and demonstrate superior environmental performance. EPA is evaluating the results of each project to determine which specific elements of the project(s), if any, should be more broadly applied to other regulated entities. A pilot project allowing consolidation of wastes at remote sites has been approved for New York State utilities, as detailed in Subpart I of 40 CFR 262. In addition, another project that establishes a laboratory environmental management standard applicable to three university laboratories has been set forth in Subpart J of 40 CFR 262. Generator Requirements Any facility that generates more than 100 kg (equivalent to 220 lb or half of a 45-gal drum) of hazardous wastes a month (or 1 kg/month of acutely hazardous wastes; AHW) is required to determine whether its wastes are hazardous, to properly hold or otherwise manage these wastes on- site, prepare transportation manifests, and properly ship the wastes offsite for treatment, storage, or disposal. Other requirements include implementation of preparedness and prevention measures, preparation of a contingency plan, and training of workers. A facility that generates 100 kg or less of hazardous wastes a month (or 1 kg/month AHW) is required to determine whether its wastes are hazardous, but is otherwise exempt from federal hazardous waste regulation provided it complies with the limits on the quantity of wastes accumulated on-site. EAF 10/12 © STP HW/Part 1 - 5
  27. 27. Hazardous Waste Introduction Hazardous wastes are either those that appear in 40 CFR 261 as “listed” wastes (F, K, U, or P codes; see Tables 2 – 5 in this Introduction), or wastes that demonstrate characteristics of ignitability (having a flashpoint less than 140(F), corrosivity (having a pH level less than 2.0 or greater that 12.5), reactivity, or toxicity (exceeding Toxicity Characteristic Leaching Procedure [TCLP] toxicity limits; see Table 1 in this Introduction). A number of exemptions from the definition of solid waste and hazardous waste have been established by EPA under 40 CFR 261, and generators should carefully review the exemptions to determine if any their wastestreams are exempt from the hazardous waste regulations. Some exemptions contain specific conditions that a generator must meet, which may include requirements for notification, accumulation or storage, sampling and analysis, waste analysis plans, contaminant limits, and recordkeeping. A generator of hazardous wastes must obtain an EPA identification (ID) number, but does not need a permit if wastes are accumulated for less than 90 days. Small quantity generators (SQGs), facilities that generate greater than 100 kg but less than 1,000 kg of hazardous wastes per month, may qualify for exceptions to the full scope of the regulations. An alternative set of hazardous waste generator requirements has been established in 40 CFR 262 Subpart K for laboratories owned by an “eligible academic entity,” which is a college or university, or a non-profit research institute that is owned by or has a formal written affiliation agreement with a college or university, or a teaching hospital that is owned by or has a formal written affiliation agreement with a college or university. This Subpart provides a flexible and protective set of regulations that address the unique issues associated with hazardous waste generation and accumulation in laboratories at eligible academic entities. Compliance with these requirements is optional, and eligible academic entities have the choice of managing their hazardous wastes in accordance with the alternative regulations or remaining subject to the hazardous waste generator regulations. Accumulation Point Management An accumulation point is an area in or near the workplace where hazardous wastes are accumulated prior to treatment or disposal. Accumulation in these areas is temporary and must not exceed 90 days (180 days for SQGs, or 270 days for SQGs who must transport the wastes 200 miles or more for treatment, storage, or disposal) from the time the first wastes begin to accumulate in a container. Permits are not required for accumulation points, but certain controls relative to spill containment, signage, labeling, inspections, and training are required. The regulations also allow accumulation of small amounts of hazardous wastes in containers at or near the point where the wastes are generated without requiring compliance with the more-stringent requirements that apply to accumulation points. Accumulation at these “satellite accumulation areas” is limited to 55 gal of hazardous wastes or 1 qt of AHW. Satellite areas must be under the control of the operator of the process generating the waste and must be labeled. Additional requirements related to management of containers also apply. Once the 55-gal/1-qt limit is reached, the container must be marked with date the limit was reached and either transferred to the hazardous waste accumulation point or sent offsite for treatment, storage, or disposal within 3 days. Wastes transferred to accumulation points must meet all applicable accumulation site requirements, including the time limit for remaining at that location. HW/Part 1 - 6 EAF 10/12 © STP
  28. 28. Hazardous Waste Introduction Transport Requirements Any facility that ships hazardous wastes from their site must properly prepare those wastes for shipment. Containers of hazardous wastes shipped offsite must be properly labeled. The labels should identify each waste and its hazard class. Shipments must be accompanied by hazardous waste manifests. On March 4, 2005 (70 FR 10776) EPA revised the manifesting requirements to require the use of a standardized manifest form in all states effective September 5, 2006. In addition, hazardous waste shipments are subject to the full transportation requirements stipulated in the U.S. Department of Transportation (DOT) hazardous materials transportation regulations (49 CFR). DOT packaging requirements can be found in the HM-181 standards of the DOT regulations. Persons who transport hazardous wastes must obtain an EPA identification number, comply with hazardous waste manifesting requirements, and respond to any discharges of hazardous waste that occur during transport. Permitted Treatment, Storage, and Disposal (TSD) Facility Requirements Operation of a hazardous waste treatment, storage, and/or disposal (TSD) facility is subject to detailed regulation and permitting under federal or state regulations. Owners or operators of new TSD facilities must apply for a RCRA permit prior to treating, storing, or disposing of any hazardous waste by submitting Part A and Part B of the permit application at least 180 days before physical construction is expected to commence. TSD facilities that have a RCRA Part B permit are subject to the requirements of 40 CFR 264. Existing facilities that were not issued a RCRA permit when the regulations were promulgated in 1980 were considered to have interim status and allowed to continue to operate if they complied with RCRA-mandated Interim Status Standards (ISS). These ISS (which are contained in 40 CFR 265) are similar in scope to the Part B permit standards contained in 40 CFR 264 but are generally less stringent and require fewer facility modifications or improvements. Most interim status facilities were required to be permitted or commence closure by November 9, 1992, however, a few facilities still continue to operate under interim status. On September 8, 2005, EPA issued a final rule (effective October 11, 2005) that establishes a new type of RCRA permit, called a standardized permit. The standardized permit streamlines the permitting process by allowing certain types of facilities that treat or store hazardous waste to obtain and modify their permits more easily (the permitting process for standardized permits is found in 40 CFR 270 Subpart J). The standardized permit is available to TSD facilities that meet either of the following criteria: • The facility generates and then stores or non-thermally treats hazardous waste on-site in tanks, containers, and/or containment buildings; or • The facility receives hazardous waste generated off-site by a generator under the same ownership as the receiving facility, and then stores or non-thermally treats the hazardous waste in containers, tanks, and/or containment buildings. TSD facilities operating under a RCRA standardized permit are subject to the requirements of 40 CFR 267. The regulations applicable to facilities operating under a standardized permit generally mirror the Part B permit standards in 40 CFR 264. Administrative and technical standards are applied to a particular facility through the RCRA permit. The administrative standards have a number of requirements, including the following: • Various plans must be developed to ensure that emergencies can be dealt with. • Wastes received at the facility must be properly identified and tracked. EAF 10/12 © STP HW/Part 1 - 7
  29. 29. Hazardous Waste Introduction • Operating personnel must be adequately trained to operate the facility and respond to emergencies. • The facility must be inspected routinely. • Records of operations must be compiled and maintained. • Reports of both routine and contingency operations must be made to the applicable regulatory agency. • A plan for ceasing operations and closing the facility must be developed, kept on-hand, and updated at least annually. • Facilities may be required to institute corrective action for releases of hazardous waste or hazardous waste constituents from a solid waste management unit. Technical standards that apply to TSD facilities fall into 2 classes: general standards that apply to all TSD facilities, and specific standards that apply to various types of facilities (i.e., container storage areas, tanks, surface impoundments, waste piles, land treatment facilities, incinerators, landfills, thermal treatment facilities, and chemical, physical, or biological treatment facilities). Used Oil On September 10, 1992, EPA issued a final rule regarding management of used oil. The agency determined that used oil destined for recycling or burning for energy recovery need not be regulated as hazardous waste. The rule set management standards for used oil generators, collection stations, processors and rerefiners, transporters, burners, and marketers. Used oil generators must comply with requirements for accumulation of their used oil in containers and tanks, labeling, release response, and offsite shipment. Note that many states regulate used oil as special or hazardous wastes, and have more-stringent regulations. Universal Wastes EPA issued its first universal waste regulation on May 11, 1995. These regulations are designed to encourage recycling and proper disposal of certain common hazardous wastes; as a result, they set forth less-stringent requirements for their management. Under the original regulation, universal wastes included certain batteries (such as nickel-cadmium and small sealed lead-acid batteries), pesticides, and mercury thermostats. On July 6, 1999, EPA issued a final rule that added waste lamps (such as fluorescent, high intensity discharge, neon, mercury vapor, high-pressure sodium, and metal halide lamps) to the list of regulated universal wastes effective January 6, 2000. Mercury-containing equipment was added to the list of regulated universal wastes on August 5, 2005. Mercury-containing equipment is a device or part of a device that contains elemental mercury integral to its function, including mercury thermostats. The universal waste regulations establish requirements for notification, waste management, labeling, accumulation time limits, employee training, release response, offsite shipment, and waste tracking for handlers of universal wastes. Separate requirements have been established for small quantity handlers (those who accumulate less than 5,000 kg at any time) and large quantity handlers (those who accumulate 5,000 kg or more at any time). The regulations also set standards for universal waste transporters and destination facilities. States may adopt the entire federal universal waste rule or portions of it, including a petition provision that allows states to add wastes to their universal waste programs without EPA having to add such wastes at the federal level. HW/Part 1 - 8 EAF 10/12 © STP
  30. 30. Hazardous Waste Introduction Military Munitions On August 12, 1997, the final rule for military munitions took effect. This rule consolidates the requirements applicable solely to military munitions in a new subpart under 40 CFR Part 266 (Subpart M). Military munitions include all types of both conventional and chemical ammunition products and their components, produced by or for the military for national defense and security (including munitions produced by other parties under contract to or acting as an agent for the U.S. Department of Defense [DOD], such as government owned/contractor operated operations). Subpart M identifies when military munitions become a solid waste and, if these wastes are also hazardous under the new subpart or 40 CFR 261, the management standards that apply to them. Waste non-chemical military munitions that otherwise meet the definition of hazardous waste are not regulated under RCRA as hazardous wastes if they comply with the transportation standards for waste munitions shipped between military installations. Similarly, storage of waste non-chemical military munitions is also exempt from RCRA hazardous waste regulation provided that the standards given in Subpart M are followed. Waste military munitions that are chemical agents or chemical munitions that exhibit a hazardous waste characteristic, or that are listed hazardous wastes, are subject to the regulatory requirements of RCRA Subtitle C; there are no alternative management standards. Requirements for emergency response and for treatment and disposal of waste military munitions follow RCRA regulations for hazardous wastes. In addition to subpart M, Subpart EE promulgated in 40 CFR 264 and 265 addresses all munitions and explosives, not just military ones. These requirements address design and operating standards of hazardous waste munitions and explosives storage units, and closure and post-closure care standards for these units. Hazardous/Radioactive Mixed Wastes Hazardous and radioactive mixed wastes, commonly referred to as simply “mixed wastes,” are RCRA hazardous wastes that contain radionuclides. Mixed wastes are subject to a dual regulatory framework: they are regulated by RCRA, as implemented by EPA or an authorized state for their hazardous component; and by the Atomic Energy Act (AEA), as implemented by either the Department of Energy (DOE), the Nuclear Regulatory Commission (NRC), or an NRC Agreement State, for their radiological component. Once wastes are determined to be mixed wastes, waste handlers must comply with both RCRA and AEA statutes and regulations. As a subset of hazardous wastes, mixed wastes are regulated by EPA in unauthorized states. States that are RCRA-authorized and have adopted mixed waste authority regulate mixed wastes under their own hazardous waste program (which may contain regulations more stringent than those in the federal RCRA program). Some states (referred to as “Agreement States”) have signed agreements with NRC enabling them to regulate source, byproduct, and small quantities of special nuclear materials within their boundaries. These states are required to adopt programs that are comparable with the NRC program, and may adopt requirements that are more stringent than or are in addition to the federal program. EPA issued a final rule on May 16, 2001, aimed at providing increased flexibility to generators and facilities that manage low-level mixed wastes (LLMW) and technologically-enhanced naturally occurring and/or accelerator-produced radioactive materials (NARM) containing hazardous wastes. Under this rule, EPA conditionally exempts LLMW from some RCRA storage and treatment regulations, and conditionally exempts LLMW or eligible NARM from RCRA hazardous waste transportation and disposal regulations. These wastes are exempt from RCRA requirements, including permitting, provided the facility meets specific conditions. The exempt wastes must then be managed as radioactive wastes in accordance with applicable NRC or NRC Agreement State regulations. EAF 10/12 © STP HW/Part 1 - 9
  31. 31. Key Compliance Definitions Hazardous Waste Introduction Criteria for the Safe and Environmentally Protective Use of Granular Mine Tailings Known as “Chat” Chat is a gravel-like waste created from lead and zinc mining activities that occurred in the Tri-State Mining District of Southwest Missouri, Southeast Kansas and Northeast Oklahoma. Chat is exempt from regulation as a hazardous waste under RCRA because it falls under an exemption for extraction/beneficiation wastes, but is subject to the Comprehensive Environmental Response and Liability Act (CERCLA) and to certain enforcement orders under RCRA. EPA issued a final rule in July 2007 that established mandatory criteria for the environmentally protective use of chat in transportation construction projects, where chat is used as an aggregate in asphalt and cement road surfaces. These criteria, along with specific certification and recordkeeping requirements, must be met by any transportation construction projects that are funded, wholly or in part, with federal funds. The purpose of the rule is to provide for the beneficial and environmentally safe use of chat in order to both reduce chat piles and improve human health and the environment in the Tri-State area. These regulations, which are not covered within the scope of this guide, are found at 40 CFR 278. Most of these definitions were obtained from the federal regulations cited previously. Those terms not specifically defined in the regulations are defined here as they are used in this module. Aboveground Tank or Aboveground Storage Tank (AST) – A device that meets the definition of tank in 40 CFR 260.10 and is situated in such a way that the entire surface area of the tank is completely above the plane of the adjacent surrounding surface and the entire surface area of the tank (including the tank bottom) can be visually inspected (40 CFR 260.10). Accumulation Point – A designated area of a facility at which hazardous wastes are held temporarily in tanks or containers for 90 days or less (40 CFR 262.34). See also Satellite Accumulation Area. Active Range – A military range that is currently in service and is being regularly used for range activities. Acute or Acutely Hazardous Waste (AHW) – Any waste listed under 40 CFR 261.31 - 33 with a hazard code of “H.” These include EPA hazardous waste numbers F020, F021, F022, F023, F026, and F027 (see Table 2 in this introduction) and all P-listed wastes (see Table 4 in this introduction). Agreement State – A state that has entered into an agreement with the NRC under subsection 274b of the Atomic Energy Act of 1954, as amended (68 Stat. 919), to assume responsibility for regulating within its borders byproduct, source, or special nuclear material in quantities not sufficient to form a critical mass. Ancillary Equipment – Any device (including but not limited to such devices as piping, fittings, flanges, valves, and pumps) that is used to distribute, meter, or control the flow of hazardous wastes from its point of generation to accumulation, storage or treatment tanks, or between hazardous waste accumulation, storage and treatment tanks to a point of disposal onsite, or to a point of shipment for treatment or disposal offsite (40 CFR 260.10). Average Volatile Organic (VO) Concentration – The mass-weighted average volatile organic concentration of a hazardous waste as determined in accordance with the requirements of 40 CFR 265.1084. HW/Part 1 - 10 EAF 10/12 © STP
  32. 32. Hazardous Waste Introduction Battery – A device consisting of one or more electrically-connected electrochemical cells that is designed to receive, store, and deliver electrical 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. Cathode Ray Tube or CRT – A vacuum tube, composed primarily of glass, which is the visual or video display component of an electronic device. A used, intact CRT means a CRT whose vacuum has not been released. A used, broken CRT means glass removed from its housing or casing whose vacuum has been released. Chemical Agents and Munitions – Defined in 50 USC 1521(j)(1) as an agent or munition that, through its chemical properties, produces lethal or other damaging effects on human beings, except that such term does not include riot control agents, chemical herbicides, smoke, and other obscuration materials. Closure Device – A cap, hatch, lid, plug, seal, valve, or other type of fitting that blocks an opening in a cover such that when the device is secured in the closed position, it prevents or reduces air pollutant emissions to the atmosphere. Closure devices include devices that are detachable from the cover (e.g., a sampling port cap), manually operated (e.g., a hinged access lid or hatch), or automatically operated (e.g., a spring-loaded pressure relief valve). Component – Either the storage tank or ancillary equipment of the tank system (40 CFR 260.10). Conditionally Exempt Small Quantity Generator (CESQG) – A generator that produces no more than 100 kg/month of hazardous wastes and no more than 1 kg/month of AHW (40 CFR 261.5). Consolidation Site – A site to which hazardous wastes, initially collected at a remote site, are transported. Container – Any portable device in which materials are stored, transported, treated, disposed of, or otherwise handled (40 CFR 260.10). Containment Building – A hazardous waste management unit that is used to store or treat hazardous wastes under the provisions of 40 CFR 264 or 265 Subpart DD (40 CFR 260.10). Continuous Seal – A seal that forms a continuous closure to cover completely the space between the edge of the floating roof and the wall of a tank. A continuous seal may be a vapor-mounted seal, liquid-mounted seal, or metallic shoe seal. A continuous seal may be constructed of a series of fastened segments. Corrosion Expert – A person who, by reason of his/her knowledge of the physical sciences and the principles of engineering and mathematics acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks. Such a person must be certified as being qualified by the National Association of Corrosion Engineers (NACE) or be a registered professional engineer who has certification and licensing that includes education and experience in corrosion control and/or buried or submerged metal piping systems or tanks (40 CFR 260.10). Cover – A device that provides a continuous barrier over the hazardous wastes managed in a unit to prevent or reduce air pollutant emissions to the atmosphere. A cover may have openings (such as access hatches, sampling ports, and gauge wells) that are necessary for operation, inspection, maintenance, and repair of the covered unit. A cover may be a separate piece of equipment that can EAF 10/12 © STP HW/Part 1 - 11
  33. 33. Hazardous Waste Introduction be detached and removed from the unit, or may be formed by structural features permanently integrated into the unit’s design. CRT Collector – A person who receives used, intact CRTs for recycling, repair, resale, or donation. CRT Processing – All of the following activities: • receiving broken or intact CRTs; • intentionally breaking intact CRTs or further breaking or separating broken CRTs; and • sorting or otherwise managing glass removed from CRT monitors. Destination Facility – A facility that treats, disposes of, or recycles a particular category of universal wastes, except for certain management activities allowed to be conducted by handlers. A facility at which a particular category of universal wastes is only accumulated is not a destination facility for purposes of managing that category of universal wastes. Disposal – The discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid wastes or hazardous wastes into or on any land or water so that such solid wastes or hazardous wastes or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwater (40 CFR 260.10). Disposal Facility – A facility or part of a facility at which hazardous wastes are intentionally placed into or on any land or water and at which the wastes will remain after closure. The term disposal facility does not include a CAMU into which remediation wastes are placed (40 CFR 260.10). Drip Pad – An engineered structure that consists of a curbed, free-draining base and that is constructed of nonearthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water runon to an associated collection system at wood preserving plants (40 CFR 260.10). Elementary Neutralization Unit – A device that meets the definition in 40 CFR 261.10 of tank, tank system, container, transport vehicle, or vessel and that is used to neutralize only those hazardous wastes that exhibit corrosivity (as defined in 40 CFR 261.22) or are listed in Subpart D of 40 CFR 261 only because of corrosivity. Eligible Academic Entity – A college or university, or a non-profit research institute that is owned by or has a formal written affiliation agreement with a college or university, or a teaching hospital that is owned by or has a formal written affiliation agreement with a college or university (40 CFR 262.200). Enclosure – A structure that surrounds a tank or container, captures organic vapors emitted from the tank or container, and vents the captured vapors through a closed-vent system to a control device. Existing Tank System or Existing Component – A tank system or component, used for the accumulation, storage, or treatment of hazardous wastes, that is in operation or for which installation commenced on or prior to July 14, 1986. Installations are considered to have commenced: • if the owner or operator obtained all federal, state, and local approvals or permits necessary to begin physical construction of the site or installation of the tank system; and • if either (40 CFR 260.10): 1) continuous onsite physical construction of the site or installation program has begun; or 2) the owner or operator has entered into contractual obligations for physical construction of the site or installation of the tank system to be completed within a reasonable time, and those obligations cannot be canceled or modified without substantial loss. HW/Part 1 - 12 EAF 10/12 © STP
  34. 34. Hazardous Waste Introduction Explosives or Munitions Emergency – A situation involving the suspected or detected presence of any of the following that creates an actual or potential imminent threat to human health (including safety) or the environment (including property), as determined by an explosives or munitions emergency response specialist: • unexploded ordnance (UXO); • damaged or deteriorated explosives or munitions; • an improvised explosive device (IED); • other potentially explosive material or device; or • other potentially harmful military chemical munitions or device. Such situations may require immediate and expeditious action by an explosives or munitions emergency response specialist to control, mitigate, or eliminate the threat. Explosives or Munitions Emergency Response – All immediate response activities by an explosives and munitions emergency response specialist to control, mitigate, or eliminate the actual or potential threat encountered during an explosives or munitions emergency. An explosives or munitions emergency response may include the following: • in-place render-safe procedures; • treatment or destruction of the explosive or munitions; and/or • transportation of those items to another location to be rendered safe, treated, or destroyed. Any reasonable delay in the completion of an explosives or munitions emergency response caused by a necessary, unforeseen, or uncontrollable circumstance will not terminate the explosives or munitions emergency. Explosives and munitions emergency responses can occur on either public or private lands and are not limited to responses at RCRA facilities. Explosives or Munitions Emergency Response Specialist – An individual trained in chemical or conventional munitions or explosives handling, transportation, render-safe procedures, or destruction techniques. Explosives or munitions emergency response specialists include: • DOD personnel; • emergency explosive ordnance disposal (EOD) personnel; • technical escort union (TEU) personnel; • DOD-certified civilian or contractor personnel; and • other civilian or federal, state, or local government personnel similarly trained in explosives or munitions emergency responses. External Floating Roof – A pontoon-type or double-deck type cover that rests on the surface of material that is managed in a tank with no fixed roof. Facility – All contiguous land, structures, and other appurtenances, as well as improvements on the land, used for treating, storing, or disposing of hazardous wastes, or for managing hazardous secondary materials prior to reclamation. A facility may consist of several treatment, storage, or disposal operational units (e.g., 1 or more landfills, surface impoundments, or combinations). For the purpose of implementing corrective action under 40 CFR 264.101, facility means all contiguous property under the control of the owner or operator seeking a permit under Subtitle C of RCRA. This definition also applies to facilities implementing corrective action under RCRA Section 3008(h) (40 CFR 260.10). Fixed Roof – A cover that is mounted on a unit in a stationary position and does not move with fluctuations in the level of the material managed in the unit. EAF 10/12 © STP HW/Part 1 - 13
  35. 35. Hazardous Waste Introduction Floating Roof – A cover consisting of a double deck, pontoon single deck, or internal floating cover that rests upon and is supported by the materials being contained, and that is equipped with a continuous seal. Generator – Any person, by site, whose acts or processes produce hazardous wastes identified or listed in 40 CFR 261 or whose act first causes a hazardous waste to become subject to regulation (40 CFR 260.10). Good Management Practice (GMP) – Practices that, although not mandated by law, are encouraged to promote safe operating procedures. Hard-Piping – Pipe or tubing that is manufactured and properly installed in accordance with relevant standards and good engineering practices. Hazardous Secondary Material – A secondary material (e.g., spent material, by-product, or sludge) that, when discarded, would be identified as hazardous waste under 40 CFR 261. Hazardous Secondary Material Generator – Any person whose act or process produces hazardous secondary materials at the generating facility. For purposes of this definition, “generating facility” means all contiguous property owned, leased, or otherwise controlled by the hazardous secondary material generator. A facility that collects hazardous secondary materials from other persons is not the hazardous secondary material generator. Hazardous Waste – A waste that is classed as hazardous either by being specifically listed in the regulations (see Tables 2 – 5 in this introduction) or by exhibiting one or more of the characteristics of a hazardous waste. In Light Material Service – (in reference to a container) – Used to manage a material for which both of the following conditions apply: • The vapor pressure of one or more of the organic constituents in the material is greater than 0.3 kilopascals (kPa) at 20 C. • The total concentration of the pure organic constituents having a vapor pressure greater than 0.3 kPa at 20 C is equal to or greater than 20% by weight. Inactive Range – A military range that is not currently being used but that is still under military control and considered by the military to be a potential range area, provided that it has not been put to a new use that is incompatible with range activities. Individual or Single Generation Site – The contiguous site on which one or more hazardous wastes are generated. An individual generation site, such as a large manufacturing plant, may have one or more sources of hazardous waste, but is considered a single or individual generation site if the site or property is contiguous (40 CFR 260.10). Intermediate Facility – Any facility that stores hazardous secondary materials for more than 10 days, other than a hazardous secondary material generator or a reclaimer of such material. Internal Floating Roof – A cover that rests or floats on the surface of the material (but not necessarily in complete contact with it) inside a tank that has a fixed roof. Laboratory – An area owned by an eligible academic entity where relatively small quantities of chemicals and other substances are used on a non-production basis for teaching or research (or diagnostic purposes at a teaching hospital) and are stored and used in containers that are easily HW/Part 1 - 14 EAF 10/12 © STP
  36. 36. Hazardous Waste Introduction manipulated by one person. Photo laboratories, art studios, and field laboratories are considered laboratories. Areas such as chemical stockrooms and preparatory laboratories that provide a support function to teaching or research laboratories (or diagnostic laboratories at teaching hospitals) are also considered laboratories (40 CFR 262.200). Laboratory Clean-Out – An evaluation of the inventory of chemicals and other materials in a laboratory that are no longer needed or that have expired and the subsequent removal of those chemicals or other unwanted materials from the laboratory. A clean-out may occur for several reasons; it may be on a routine basis (e.g., at the end of a semester or academic year) or as a result of a renovation, relocation, or change in laboratory supervisor/occupant (40 CFR 262.200). Laboratory Worker – A person who handles chemicals and/or unwanted material in a laboratory and may include, but is not limited to, faculty, staff, post-doctoral fellows, interns, researchers, technicians, supervisors/managers, and principal investigators. A person does not need to be paid or otherwise compensated for his/her work in the laboratory to be considered a laboratory worker. Undergraduate and graduate students in a supervised classroom setting are not laboratory workers (40 CFR 262.200). Lamp or Universal Waste Lamp – The bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high-intensity discharge, neon, mercury vapor, high-pressure sodium, and metal halide lamps. Land-Based Unit – An area where hazardous secondary materials are placed in or on the land before recycling, but does not include land-based production units. Land Disposal – Any placement of hazardous wastes in an area for disposal purposes, except in a CAMU or staging pile. Such an area may include a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, underground mine or cave, or concrete vault or bunker intended for disposal purposes (40 CFR 268.2). Land Treatment Facility – A facility or part of a facility at which hazardous wastes are applied onto or incorporated into the soil surface. Such facilities are disposal facilities if the wastes will remain after their closure (40 CFR 260.10). Landfill – A disposal facility or part of a facility where hazardous wastes are placed in or on land that is not a land treatment facility, a surface impoundment, an injection well, a salt dome or salt bed formation, an underground mine, a cave, or a CAMU (40 CFR 260.10). Large Quantity Handler of Universal Waste (LQHUW) – A universal waste handler that accumulates 5,000 kg or more total of universal wastes at any time. This designation as an LQHUW is retained through the end of the calendar year in which 5,000 kg or more total of universal wastes is accumulated (40 CFR 273.6). Leak Detection System – A system capable of detecting either of the following: • the failure of either the primary or secondary containment structure; or • the presence of either a release of hazardous wastes or accumulated liquids in the secondary containment structure. EAF 10/12 © STP HW/Part 1 - 15
  37. 37. Hazardous Waste Introduction Such a system must employ operational controls (e.g., daily visual inspections for releases into the secondary containment system of ASTs) or consist of an interstitial monitoring device designed to detect continuously and automatically the failure of the primary or secondary containment structure or the presence of a release of hazardous wastes into the secondary containment structure (40 CFR 260.10). Low-Level Mixed Waste (LLMW) – A waste that contains both low-level radioactive waste and RCRA hazardous waste. Low-Level Radioactive Waste (LLW) – A radioactive waste which contains source, special nuclear, or byproduct material, and which is not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or byproduct material as defined in section 11e.(2) of the Atomic Energy Act. Malfunction – Any sudden, infrequent, and not reasonably preventable failure to operate in a normal or usual manner of air pollution control equipment, process equipment, or a process. Failures that are caused in part by poor maintenance or careless operation are not malfunctions. Manifest – The shipping document designated as EPA Form No. 8700-22 and, if necessary, EPA Form No. 8700-22A, originated and signed by the generator in accordance with the instructions included in the Appendix to 40 CFR 262 (40 CFR 260.10). Manifest Tracking Number – The alphanumeric identification number (i.e., a unique three letter suffix preceded by nine numerical digits), which is pre-printed in Item 4 of the manifest by a registered source (40 CFR 260.10). Maximum Organic Vapor Pressure – The sum of the individual organic constituent partial pressures exerted by the materials contained in a tank, at the maximum vapor pressure-causing conditions reasonably expected to occur in the tank. (Vapor pressure-causing conditions include temperature, agitation, pH effects of combining wastes, etc.) For the purpose of 40 CFR 265 Subpart CC, maximum organic vapor pressure is determined using the procedures specified in 40 CFR 265.1084(c). Metallic Shoe Seal – A continuous seal that is constructed of metal sheets that are held vertically against the wall of the tank by springs, weighted levers, or other mechanisms and that is connected to the floating roof by braces or other means. A flexible coated fabric (envelope) spans the annular space between the metal sheet and the floating roof. Mercury-Containing Equipment – A device or part of a device (including thermostats, but excluding batteries and lamps) that contains elemental mercury integral to its function. Military – The following parties, who handle military munitions: • the DOD; • the Armed Services; • the U.S. Coast Guard (USCG); • the National Guard; • the U.S. Department of Energy (DOE); or • other parties under contract or acting as an agent for the above parties. Military Munitions – All ammunition products and components produced or used by or for the DOD or the U.S. Armed Services for national defense and security, including military munitions under the control of the DOD, the USCG, the DOE, and National Guard personnel. The term military munitions HW/Part 1 - 16 EAF 10/12 © STP
  38. 38. Hazardous Waste Introduction includes: confined gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries used by DOD components, including bulk explosives and chemical warfare agents, chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolition charges, and devices and components thereof. Military munitions – do not include wholly inert items, IEDs, and nuclear weapons, nuclear devices, and nuclear components of nuclear devices. However, the term does include non-nuclear components of nuclear devices managed under DOE’s nuclear weapons program after all sanitization operations under the Atomic Energy Act of 1954, as amended, have been completed. Military Range – Designated land and water areas set aside, managed, and used for either of the following purposes: • to conduct research on, develop, test, and evaluate military munitions and explosives, other ordnance, or weapon systems; or • to train military personnel in the use and handling of military munitions and explosives, other ordnance, or weapon systems. Ranges include firing lines and positions, maneuver areas, firing lanes, test pads, detonation pads, impact areas, and buffer zones with restricted access and exclusionary areas. Miscellaneous Unit – A hazardous waste management unit where hazardous wastes are treated, stored, or disposed of and that is not a container, tank, surface impoundment, pile, land treatment unit, landfill, incinerator, boiler, industrial furnace, underground injection well with appropriate technical standards under 40 CFR 146, containment building, CAMU, or unit eligible for a research, development, and demonstration permit under 40 CFR 270.65 (40 CFR 260.10). Mixed Waste – A waste that contains both RCRA hazardous waste and source, special nuclear, or byproduct material subject to the Atomic Energy Act of 1954. Movement – Hazardous waste transported to a facility in an individual vehicle (40 CFR 260.10). Munitions Emergency – See Explosives Emergency. Munitions Emergency Response – See Explosives Emergency Response. Munitions Emergency Response Specialist – See Explosives Emergency Response Specialist. Naturally Occurring and/or Accelerator-Produced Radioactive Material (NARM) – Radioactive materials that: • are produced by an accelerator; or • are naturally occurring and are not source, special nuclear, or byproduct materials (as defined by the AEA). NARM is regulated by the states under state law, or by DOE (as authorized by the AEA) under DOE orders. New Tank System or New Tank Component – A tank system or component that will be used for the storage or treatment of hazardous wastes and for which installation commenced after July 14, 1986. However, for the purposes of 40 CFR 264.193(g)(2) and 265.193(g)(2), a tank system is considered new if construction commenced after July 14, 1986 (see also Existing Tank System) (40 CFR 260.10). EAF 10/12 © STP HW/Part 1 - 17
  39. 39. Hazardous Waste Introduction NRC License – A license issued by the NRC, or NRC Agreement State, to users that manage radionuclides regulated by NRC, or NRC Agreement States, under authority of the Atomic Energy Act of 1954, as amended. Onground Tank – A device meeting the definition of tank in 40 CFR 260.10 that is situated in such a way that the bottom of the tank is on the same level as the adjacent surrounding surface and that the external tank bottom cannot be visually inspected (40 CFR 260.10). Onsite – The same or geographically contiguous property. This property may be divided by a public or private right-of-way, provided that access between the separate portions is provided by crossing directly as opposed to going along the right-of-way. Noncontiguous properties owned by the same person but connected by a right-of-way that he/she controls and to which the public does not have access are also considered onsite property (40 CFR 260.10). Pile – Any noncontainerized accumulation of solid, nonflowing hazardous wastes that is used for treatment or storage and that is not a containment building (40 CFR 260.10). Remediation Wastes – All solid and hazardous wastes and all media (including groundwater, surface water, soils, and sediments) and debris that are managed for the purpose of implementing cleanup (40 CFR 260.10). Restricted Wastes – Any category of hazardous wastes that is prohibited from land disposal either by regulation or by statute (RCRA Section 3004 and 40 CFR 268). HW/Part 1 - 18 EAF 10/12 © STP
  40. 40. Hazardous Waste Introduction Safety Device – A closure device that functions exclusively to prevent physical damage or permanent deformation to a unit or its air emission control equipment by venting gases or vapors directly to the atmosphere during unsafe conditions resulting from an unplanned, accidental, or emergency event. Safety devices include pressure relief valves, frangible discs, and fusible plugs. For the purpose of 40 CFR 264 Subpart CC and 265 Subpart CC, a safety device is not used for routine venting of gases or vapors from the vapor headspace underneath a cover (such as occurs during filling of the unit or to adjust the pressure in the vapor headspace in response to normal daily diurnal ambient temperature fluctuations). A safety device is designed to remain in a closed position during normal operations and open only when the internal pressure, or another relevant parameter, exceeds the device threshold setting applicable to the air emissions control equipment. The device threshold setting must be determined by the owner or operator based on manufacturer’s recommendations, applicable regulations, fire protection and prevention codes, standard engineering codes and practices, or other requirements for the safe handling of flammable, ignitable, explosive, reactive, or hazardous materials. Satellite Accumulation Area – An area where up to 55 gal of hazardous wastes or 1 qt of acutely hazardous wastes are initially collected, said area being at or near the area where the wastes are generated. Once these limits are reached, the wastes must be transferred to the hazardous waste accumulation point or sent offsite for treatment, storage, or disposal within 3 days. The 90-day clock (or 180-day clock for SQGs) at the hazardous waste accumulation point begins on the day that the applicable quantity limit is reached (see Accumulation Point) (40 CFR 262.34(c)). Single Generation Site – See Individual Generation Site. Single-seal System – A floating roof having one continuous seal. This seal may be vapor-mounted or liquid-mounted, or may be a metallic shoe seal. Small Quantity Generator (SQG) – A generator that produces hazardous wastes in quantities of more than 100 kg/month but less than 1,000 kg/month (40 CFR 262.34(d) and 262.44). Small Quantity Handler of Universal Waste (SQHUW) – A universal waste handler who does not accumulate more than 5,000 kg total of universal wastes at any time (40 CFR 273.6). Soil – Materials that are primarily geologic in origin, such as silt, loam, or clay, and that are indigenous to the natural geologic environment. Soil DOES NOT include wastes withdrawn from active hazardous waste management units (40 CFR 268 proposed). Storage – The holding of hazardous wastes for a temporary period, at the end of which the hazardous wastes are treated, disposed of, or stored elsewhere (40 CFR 260.10). Sump – Any pit or reservoir that meets the definition of tank (including those troughs and trenches connected to it) and serves to collect hazardous wastes for transport to hazardous waste TSD facilities. When used in relation to landfill, surface impoundment, and waste pile rules, sump means any lined pit or reservoir that serves to collect liquids drained from a leachate collection and removal system or leak detection system for subsequent removal from the system (40 CFR 260.10). Surface Impoundment (SI) – A facility or part of a facility that is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), that is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and that is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons (40 CFR 260.10). EAF 10/12 © STP HW/Part 1 - 19
  41. 41. Hazardous Waste Introduction Tank – A stationary device designed to contain an accumulation of hazardous waste and constructed primarily of nonearthen materials (e.g., wood, concrete, steel, plastic) that provide structural support (40 CFR 260.10). Tank System – A hazardous waste storage or treatment tank and its associated ancillary equipment and containment system (40 CFR 260.10). Thermal Treatment – The treatment of hazardous wastes in a device that uses elevated temperature as the primary means to change the chemical, physical, or biological character or composition of the hazardous wastes (40 CFR 260.10). Thermostat – 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 40 CFR 273. Thermostats are included within the universal waste mercury-containing devices category. Trained Professional – A person who has completed the applicable RCRA training requirements of 40 CFR 265.16 for large quantity generators, or is knowledgeable about normal operations and emergencies in accordance with 40 CFR 262.34(d)(5)(iii) for small quantity generators and conditionally exempt small quantity generators. A trained professional may be an employee of the eligible academic entity or may be a contractor or vendor who meets the requisite training requirements (40 CFR 262.200). Transfer Facility – Any transportation related facility including loading docks, parking areas, storage areas and other similar areas where shipments of hazardous waste or hazardous secondary materials are held during the normal course of transportation. Transportation – The movement of hazardous waste by air, rail, highway, or water. Transporter – A person engaged in offsite transportation of hazardous wastes by air, rail, highway, or water (40 CFR 260.10). Treatability Study – A study in which a hazardous waste is subjected to a treatment process to determine: • whether the waste is amenable to the treatment process; • what pretreatment, if any, is required; • the optimal process conditions needed to achieve the desired treatment; • the efficiency of a treatment process for a specific waste or wastes; or • the characteristics and volumes of residuals from a particular treatment process. Treatment – Any method, technique, or process (including neutralization) designed to change the physical, chemical, or biological character or composition of any hazardous wastes for any of the following reasons (40 CFR 260.10): • to neutralize such wastes; • to recover energy or material resources from the wastes; • to render such wastes nonhazardous or less hazardous; safer to transport, store, or dispose of; or amenable for recovery or storage; or • to reduce such wastes in volume. Treatment Zone – A soil area of the unsaturated zone of a land treatment unit within which hazardous constituents are degraded, transformed, or immobilized (40 CFR 260.10). HW/Part 1 - 20 EAF 10/12 © STP
  42. 42. Hazardous Waste Introduction Underground Injection – The subsurface emplacement of fluids through a bored, drilled, or driven well, or through a dug well where the depth of the dug well is greater than the largest surface dimension (see also Injection Well) (40 CFR 260.10). Underground Tank or Underground Storage Tank (UST) – A device meeting the definition of tank in 40 CFR 260.10 whose entire surface area is totally below the surface of and covered by the ground (40 CFR 260.10). Unexploded Ordnance (UXO) – Military munitions that have been primed, fused, armed, or otherwise prepared for action and that have been fired, dropped, launched, projected, or placed in such a manner as to constitute a hazard to operations, installation, personnel, or material but remain unexploded either by malfunction, design, or any other cause. Unfit-for-Use Tank System – A tank system that has been determined through an integrity assessment or other inspection to be no longer capable of storing or treating hazardous wastes without posing a threat of release of hazardous wastes to the environment (40 CFR 260.10). Universal Waste – Any hazardous wastes that are subject to universal waste requirements, including batteries, lamps, pesticides, and mercury-containing equipment (40 CFR 273.6). Unwanted Material – Any chemical, mixtures of chemicals, products of experiments or other material from a laboratory that is no longer needed, wanted or usable in the laboratory and that is destined for hazardous waste determination by a trained professional. Unwanted materials include reactive acutely hazardous unwanted materials and materials that may eventually be determined not to be solid waste pursuant to 40 CFR 261.2, or a hazardous waste pursuant to 40 CFR 261.3. If an eligible academic entity elects to use another equally effective term in lieu of “unwanted material,” as allowed by 40 CFR 262.206(a)(1)(i), the equally effective term has the same meaning and is subject to the same requirements as “unwanted material” under 40 CFR 262 Subpart K (40 CFR 262.200). Used Oil – For the purposes of used oil regulations under 40 CFR 279, used oil is defined as any oil that has been refined from crude oil, or any synthetic oil that has been used and, as a result of such use, is contaminated by physical or chemical impurities, including the following: • mixtures of used oil and hazardous waste that solely exhibits a hazardous waste characteristic identified in 40 CFR 261 Subpart C and mixtures of used oil and hazardous waste that is listed in subpart D solely because it exhibits a characteristic of hazardous waste identified in subpart C, if the resulting mixture does not exhibit any characteristics of hazardous waste identified under subpart C of 40 CFR 261; • mixtures of used oil and a waste that is hazardous solely because it exhibits the characteristic of ignitability (e.g., ignitable-only mineral spirits), provided that the resulting mixture does not exhibit the characteristic of ignitability under 40 CFR 261.21; • mixtures of used oil and CESQGs hazardous waste regulated under 40 CFR 261.5; • materials containing or otherwise contaminated with used oil that are burned for energy recovery; • used oil drained or removed from materials containing or otherwise contaminated with used oil; • mixtures of used oil and fuels or other fuel products; • materials produced from used oil that are burned for energy recovery (e.g., used oil fuels); or • used oil which is intentionally introduced into a hydrocarbon recovery system (e.g., by pouring collected used oil into the wastewater treatment system). Used Oil Aggregation Point – Any site or facility that accepts, aggregates, and/or stores used oil collected only from other used oil generation sites owned or operated by the owner or operator of the aggregation point, from which the generation site’s used oil is transported to the aggregation point in EAF 10/12 © STP HW/Part 1 - 21
  43. 43. Hazardous Waste Introduction shipments of no more than 55 gallons. Used oil aggregation points may also accept used oil from household do-it-yourselfers. Used Oil Burner – A facility where used oil not meeting the specification requirements in 40 CFR 279.11 is burned for energy recovery in devices identified in section 40 CFR 279.61(a) (boilers, hazardous waste incinerators, industrial furnaces). Used Oil Collection Center – Any site or facility that is registered/ licensed/ permitted/ recognized by a state/county/municipal government to manage used oil and accepts, aggregates, and stores used oil collected from used oil generators, regulated under RCRA Subpart C who bring used oil to the collection center in shipments of no more than 55 gallons under the provisions of 40 CFR 279.24. Used oil collection centers may also accept used oil from household do-it-yourselfers. Used Oil Fuel Marketer – Any person who does either of the following: • directs a shipment of off-specification used oil from that person’s facility to a used oil burner; or • first claims that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in 40 CFR 279.11. Used Oil Generator – Any person, by site, whose act or process produces used oil or whose act first causes used oil to become subject to regulation. Used Oil Processor/Rerefiner – A facility that processes used oil. Used Oil Transfer Facility – Any transportation-related facility including loading docks, parking areas, storage areas, and other areas where shipments of used oil are held for more than 24 hours and not longer than 35 days during the normal course of transportation. Transfer facilities that store used oil for more than 35 days are subject to regulation under RCRA Subpart F. Used Oil Transporter – This includes any person who transports used oil, any person who collects used oil from more than one generator and transports the collected oil, and owners and operators of used oil transfer facilities. Used oil transporters may consolidate or aggregate loads of used oil for purposes of transportation but, with the following exception, may not process used oil. Transporters may conduct incidental processing operations that occur in the normal course of used oil transportation (e.g., settling and water separation) as long as these incidental processing operations are not designed to produce (or make more amenable from production of) used oil-derived products or used oil fuel. Volatile Organic (VO) Concentration – The fraction by weight of the volatile organic compounds contained in a hazardous waste expressed in terms of parts per million (ppmw) as determined by direct measurement or by knowledge of the waste in accordance with the requirements of 40 CFR 265.1084. For the purpose of determining the VO concentration of a hazardous waste, organic compounds with a Henry's law constant value of at least 0.1 mole-fraction-in-the-gas-phase per mole- fraction-in the liquid-phase (0.1 Y/X) at 25 C must be included. (A Henry’s law constant with a value of 0.1 Y/X can also be expressed as 1.8 x 10-6 atmospheres/gram-mole/m3.) Wastewater Treatment Unit – A device for which all of the following are true: • The device is part of a wastewater treatment facility that is subject to regulation under either CWA Section 402 or 307(b). • The device meets the definition of tank or tank system in 40 CFR 260.10. HW/Part 1 - 22 EAF 10/12 © STP

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