Environmental Yellow Pages - Summary of the Hazardous Waste Regulations

This summary is provided to assist hazardous waste handlers in complying with the regulations. Most of these regulations have been in effect since November 19, 1980. Hazardous wastes (HW) are wastes that are either listed by the United States Environmental Protection Agency (EPA) in 40 CFR Part 261 Subpart D or are ignitable (i.e. Flash point < 140 degrees or an oxidizer), corrosive (e.g. Ph < 2 or > 12.5), reactive, or toxic, as defined in 40 CFR Part 261 Subpart C. A hazardous waste determination must be made of any waste material generated (Section 262.11). If the material is hazardous, then it must be recycled, treated, stored, or disposed at a proper HW facility. HW cannot be disposed on or in the ground, or in local landfills, septic tanks, or injection wells. Also, regardless of quantity, the generator of HW is ultimately responsible for the waste from "cradle to grave", and can be held liable for improper management of HW even though it may have been sent to a "proper" HW management facility using a licensed transporter.

A copy of the hazardous waste regulations (40 CFR Parts 260-268) can be obtained from a public, college or law library, EPA region IV (Atlanta, Georgia), or the U.S. Government Printing Office, Washington, DC 20402, Florida 32202 (904\353-0569).

This handout is based on the Department's understanding of the HW regulations. It should be read in conjunction with (and not as a substitute for) the federal and state HW regulations. Regulatory requirements may change because of changes in the regulations, new interpretations or guidance from EPA or DEP, judicial rulings, etc.

Ultimately, it is the facility's responsibility to stay current with the HW regulations and be in compliance with all applicable environmental regulations. Failure to meet the applicable rules may subject facilities to more stringent standards. For example, small quantity generators (SQGs) dumping HW illegally not only become subject to disposal facility standards but will also be subject to enforcement actions. DEP has an agreement with EPA that mandates the assessment of penalties for violations of the Resource Conservation and Recovery Act (RCRA) requirements.

Many local governments have regulations and ordinances regarding the management of hazardous materials and/or wastes. Please check with those agencies for information on local requirements.

LAND DISPOSAL RESTRICTIONS

On November 8, 1984, the President signed into law the Hazardous and Solid Waste Amendments (HSWA) to the Resource Conservation and Recovery Act (RCRA). The amendments require the EPA to evaluate all listed and characteristic hazardous wastes to determine which wastes should be restricted from land disposal. These restrictions are called the Land Disposal Restrictions (LDR). As of May 8, 1990, no hazardous wastes may be disposes of in the land disposal units without first being treated to meet federally mandated treatment standards.

In accordance with 40 CFR Part 268, the generator of treated hazardous waste must provide signed certification (for each shipment) that his waste meets the treatment standard, or if it does not, the generator must send a signed notification to the treatment, storage, or disposal facility (TSDF) that the waste does not meet treatment standards. The generator must also determine:

a) whether the waste is subject to the LDR rules;

b) what constituent levels are in the waste:

c) which treatment standards or prohibition levels apply; and

d) whether the waste must be treated or already meets the applicable treatment standard or prohibition level upon generation.

For each shipment of waste the generator must also:

a) provide EPA hazardous waste number(s);

b) determine the applicable treatment standard(s) for his waste;

c) provide the manifest number associated with the waste shipment; and

d) provide waste analysis data (if applicable).

All notifications, certifications, and waste analysis data must be kept on-site for at least five (5) years.

The LDR rule prohibits the dilution of restricted wastes as a substitute for effective adequate treatment.

The LDR rule provides for a few limited opportunities for delaying the effective date of prohibition, for a treatability variance, or for gaining an exemption from the prohibitions. Contact the EPA for additional details.

This LDR explanation is a brief synopsis of a complex set of rules and regulations and is not all inclusive. Contact EPA or DEP or review 40 CFR Part 268 for detailed information.

TCLP

The federal regulations regarding the determination of hazardous wastes (40 CFR 261) were revised effective September 25, 1990, to replace the Extraction Procedure Toxicity Characteristic (EP Toxic) with the Toxicity Characteristic Leaching Procedure (TCLP). Information about the Toxicity Characteristic Leaching Procedure (TCLP). Information about the TC final rule can be obtained from the March 29, 1990, Federal Register (55 FR 11798 - 11877). Further information regarding the TC Rule can be obtained from the RCRA/Superfund Hotline (1-800-424-9346).

I. CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS (CESQG) 40 CFR 261.5

Generating less than 100 kilograms of HW per month or less than 1 kilogram of acute HW (e.g. arsenic and cyanide compounds) per month*

1. Perform HW determination (Section 262.11)

2. Cannot accumulate > 1000 kg at any time.

3. Ensure delivery of HW to a proper recycling facility or TSDF.

II. SMALL QUANTITY GENERATORS (SQG) 40 CFR 262

Generating 100 - 1000 kilograms of HW per month *

1. Obtain a EPA ID Number (Section 262.12)

2. Use manifest system (unless there is a reclamation agreement pursuant to Section 262.20(e)), and ship only to a permitted facility (Part 262, Subpart B).

3. Never exceed to 6000 kg accumulation/180 day storage time limit.

4. Emergency Planning:

a) Have at least one employee or a designee with authority as Emergency Coordinator (CE) that is on 24 hour call.

b) Next to the telephone, post (1) the CE name and phone number; (ii) fire department's number; (iii) location of fire extinguishers; spill control equipment/material, and fire alarm (if any).

c) Follow emergency procedures in Section 262.34(d)(4), including taking necessary steps to address spills and fires, and notifying the National Response Center (24 hour number: 800-424-8802)

d) Upon request, the DEP will provide contingency plan guidance if the facility wishes to develop a more comprehensive emergency plan that required of SQGs.

5. Training of personnel regarding proper HW handling and emergency response [Section 262.34 (d)(5)(iii)].

6. Keep records (Section 262.44), including manifests, test results, etc. a minimum of three (3) years.

7. If tanks are used for management of HW, meet the tank requirements of Section 265.201.

8. Meet the following requirements under III, below: items 1, 2, 4, 5, 6, 12 to 15, 17 and 22.

9. If a SQG fails to meet applicable requirements, the full generator standards (and possibly TSDF standards) may apply.

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