Hazardous Waste Management Team Guide.pdf

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Hazardous Waste

SECTION 4

HAZARDOUS WASTE MANAGEMENT

U.S. TEAM Guide, September 2021

A. Applicability

This section applies to facilities and activities that generate, store, transport, treat, or dispose of any type of hazardous waste. This section and its associated checklists are more complex than other sections in this volume. Not all checklist items will be applicable to a given facility or activity. Guidance is provided on the checklists to direct the assessor to the regulations concerning the type of hazardous waste activities/facilities at the facility or activity. Information on hazardous waste storage tanks is in the section titled Storage Tank Management.

Assessors are required to review state and local regulations and, if applicable, the appropriate Agency Supplement, to perform a comprehensive assessment.

Select portions of this section (i.e., Review of Federal Legislation, State and Local Regulations, Key Compliance

Requirements, Key Terms and Definitions, Typical Records to Review, Typical Physical Features to Inspect, and the

Checklist) have been reviewed by USEPA personnel from the Office of Enforcement and Compliance Assurance

(OECA) and USEPA's Office of General Counsel. USEPA's comments and suggestions for changes have been incorporated in this version of the TEAM Guide. USEPA did not review all portions of this section. USEPA also did not review and comment on items pertaining to federal Executive Orders, DOT regulations, OSHA regulations or any other area outside of Title 40 of the Code of Federal Regulations. Portions that have been added or revised as a result of this review are identified as being reviewed, revised or added in March 2000 or October 2001, for example [Added

March 2000].

B. Federal Legislation

• The Resource Conservation and Recovery Act (RCRA). RCRA of 1976, which amended the Solid Waste Disposal

Act, addresses nonhazardous (Subtitle D) and hazardous (Subtitle C) waste management activities. The

Hazardous and Solid Waste Amendments (HSWA) of 1984 strengthened RCRA’s waste management provisions and added Subtitle I, which governs underground storage tanks (USTs). This section addresses Subtitle C requirements. See Solid Waste Management for Subtitle D requirements and Storage Tank Management for

Subtitle I requirements [Revised March 2000].

Regulations promulgated pursuant to Subtitle C of RCRA (40 CFR 260 through 299) establish a “cradle-to-grave” system governing hazardous waste from the point of generation to disposal. RCRA hazardous wastes include the specific materials listed in the regulations (commercial chemical products designated with the code "P" or "U", hazardous wastes from specific industries/sources designated with the code "K", or hazardous wastes from non-specific sources, designated with the code "F") or materials that exhibit a hazardous waste characteristic

(ignitability, corrosivity, reactivity, or toxicity and designated with the code "D").

Regulated entities that generate hazardous waste are subject to waste accumulation, manifesting, and record keeping standards. Facilities generally must obtain a permit either from USEPA or from a state agency that

USEPA has authorized to implement the permitting program if they store hazardous wastes for more than 90 days before treatment or disposal. Facilities may operate less- than-90-day tanks or containers of hazardous wastes without a permit. Subtitle C permits contain general facility standards, such as contingency plans, emergency procedures, record keeping and reporting requirements, financial assurance mechanisms, and unit-specific standards. RCRA also contains provisions (40 CFR 264, Subpart S and Section 264.101) for conducting corrective actions that govern the cleanup of releases of hazardous waste or constituents from solid waste management units at RCRA treatment, storage, and disposal facilities.

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Many operations and organizations may have numerous operations that result in the generation and management of different types of solid and hazardous waste. These operations may be subject to specific parts of RCRA, depending on the type of waste generated, its management (e.g., stored, transported), and its disposal. Most

RCRA requirements are not industry specific but apply to any entity that generates, transports, treats, stores, or disposes of hazardous waste. The following are some important RCRA regulatory requirements:

• Identification of Solid and Hazardous Wastes (40 CFR 261) delineates the procedure every generator must follow in determining whether the material in question is considered a hazardous waste or solid waste or is exempted from regulation.

• Standards for Generators of Hazardous Waste (40 CFR 262) establish the responsibilities of hazardous waste generators. These include obtaining a USEPA identification number, preparing a manifest, ensuring proper packaging and labeling, meeting standards for waste accumulation units, and meeting record keeping and reporting requirements. Providing they meet additional requirements described in 40 CFR 262.34, generators may accumulate hazardous waste for up to 90 days (or 180 or

270 days depending on the amount of waste generated and the distance the waste will be transported).

• Land Disposal Restrictions (LDRs) (40 CFR 268) are regulations prohibiting the disposal of hazardous waste on land without prior treatment. Under the LDR program, materials must meet LDR treatment standards prior to placement in a RCRA land disposal unit (landfill, land treatment unit, waste pile, or surface impoundment). Generators of waste subject to the LDR must provide notification of such to the designated TSD facility to ensure proper treatment prior to disposal.

• Used Oil Management Standards (40 CFR 279) impose management requirements affecting the storage, transportation, burning, processing, and re-refining of the used oil. For parties that merely generate used oil, regulations establish storage standards. For a party considered a used oil processor, re-refiner, burner, or marketer (one who generates and sells off-specification used oil directly to a used oil burner), additional tracking and paperwork requirements must be satisfied. These requirements are addressed in the section titled POL Management.

• Tanks and Containers, as well as any unit, used to store, treat, or dispose of hazardous waste, are regulated under RCRA. Tanks and containers used to store hazardous waste with a high volatile organic concentration must meet emission standards under RCRA. Regulations (40 CFR 264-265, Subpart CC) require generators to test the waste to determine the concentration of the waste, to satisfy tank and container emissions standards, and to inspect and monitor regulated units. These regulations apply to all facilities that store such waste, including large quantity generators accumulating waste prior to shipment off-site. Storage tanks are addressed in the section titled Storage Tank Management.

• Boilers and Industrial Furnaces (BIFs) that use or burn fuel containing hazardous waste must comply with design and operating standards. BIF regulations (40 CFR 266, Subpart H) address unit design, provide performance standards, require emissions monitoring, and restrict the type of waste that may be burned.

• The Federal Facility Compliance Act (FFCA) of 1992. This act provides for a waiver of sovereign immunity with respect to Federal, state, and local procedural and substantive requirements relating to RCRA solid and hazardous waste laws and regulations. Additionally, it defines hazardous waste in relation to public vessels, expands the definition of mixed waste, addresses the issue of munitions, and discusses waste discharges to

Federally owned treatment works (FOTWs).

• EO 12088, Federal Compliance with Pollution Standards. This EO, dated 13 October 1978, requires Federally owned and operated facilities to comply with applicable Federal, state, and local pollution control standards. It makes the head of each executive agency responsible for ensuring that the agencies, facilities, programs, and activities the Agency funds meet applicable Federal, state, and local environmental requirements for correcting situations that are not in compliance with such requirements. In addition, the EO requires that each agency ensure

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Control Plan” was revoked by EO 13148 [Revised October 2002].

C. State/Local Regulations

For information on regulations in specific states, see the State Supplements to TEAM Guide.

Under RCRA, USEPA may authorize a State or Territory, instead of the Federal government, to administer and enforce

RCRA, including waste military munitions (WMM). While the regulations adopted by a State or Territory have to be at least as stringent as the Federal regulations, RCRA allows States and Territories to impose standards that are more stringent than those in the Federal program. Therefore, compliance requirements may differ from State to State or

Territory. The definitions of when military munitions become WMM and the Designated Disposition Authority

(DDA) Evaluation Process apply at all activities. These requirements are not dependent upon a State or Territory’s adoption of the Federal MR or adoption of other State or Territory standards [Revised January 2003].

D. Key Compliance Requirements

• Generator Requirements - Responsibilities are based on the amount of waste being generated in 1 mo. Typical wastes include solvents, paint, contaminated antifreeze or oil, and sludges. In some states, waste oil and other substances have been classified as a hazardous waste and therefore need to be included in the total amount of waste being generated. Within Federal regulations there are three classifications [Revised January 2017]:

1. A Very Small Quantity Generator (VSQG) generates less than or equal to the following amounts in a calendar month (40 CFR 260.10):

a. 100 kilograms (220 lbs) of nonacute hazardous waste; and

b. 1 kilogram (2.2 lbs) of acute hazardous waste listed in 40 CFR 261.31 or 40 CFR 261.33(e); and

c. 100 kilograms (220 lbs) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in 40

CFR 261.31 or 40 CFR 261.33(e).

2. A Small Quantity Generator (SQG) generates the following amounts in a calendar month (40 CFR 260.10):

a. Greater than 100 kilograms (220 lbs) but less than 1,000 kilograms (2200 lbs) of non-acute hazardous waste; and

b. Less than or equal to 1 kilogram (2.2 lbs) of acute hazardous waste listed in 40 CFR 261.31 or

40 CFR 261.33(e); and

c. Less than or equal to 100 kilograms (220 lbs) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in 40 CFR 261.31 or 40 CFR 261.33(e).

3. A Large Quantity Generator generates any of the following amounts in a calendar month (40 CFR 260.10):

a. Greater than or equal to 1,000 kilograms (2200 lbs) of non-acute hazardous waste; or

b. Greater than 1 kilogram (2.2 lbs) of acute hazardous waste listed in 40 CFR 261.31 or 40 CFR

261.33(e); or

c. Greater than 100 kilograms (220 lbs) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in 40 CFR 261.31 or 40 CFR 261.33(e).

Whether the facility is a VSQG, an SQG, or a LQG determines the type of records they are required to keep and design standards for storage areas. Regardless of the amount of hazardous waste generated, every facility is required to test or use knowledge of materials or processes used to determine if solid waste is a listed hazardous waste or has hazardous characteristics as well as determine their generator size.

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Comparison of RCRA Generator Requirements

Requirement

VSQG SQG LQG

Identify HW Yes Yes Yes

Quantity Limits <100 kg/mo [approx. 220 lb/m]

100 kg/mo [approx. 220 lb] - 1000 kg/mo [approx.

2205 lb]

>1000 kg/mo [approx.

2205 lb/mo]

Acute Waste Limits </= 1 kg/mo [approx. 2 lb/mo]

</=1 kg/mo [approx. 2 lb/mo]

> 1 kg/mo [approx. 2 lb/mo]

Facility Receiving Waste LQG or RCRA permitted RCRA permitted facility. RCRA permitted facility.

USEPA ID Number Not Required Required Required

RCRA Personnel

Training

Not Required Basic Training

Required.

Required

DOT Training Required if transporting or signing a manifest

Required if transporting

OR signing a manifest

Required if transporting or signing a manifest

Exception Report Not Required Required > 60 days Required > 45 days

Biennial Report Not Required Not Required Required

Onsite Accumulation

Limits (without permit)

1000 kg [approx. 2205 lb] hazardous waste

< 1 kg [approx. 2 lb] of acute hazardous waste.

6000 kg [approx. 13,228 lb] hazardous waste

Any quantity.

Accumulation Time

Limits (without permit)

None 180 days or 270 days if the waste is transported more than 200 mi

</= 90 days + 30 days granted by USEPA

Storage Requirements None Basic requirements with technical standards for containers or tanks.

Full compliance with management of containers or tanks.

Use Manifests No Yes* Yes

Episodic Waste

Generation Allowance

Yes Yes No

* Unless the waste is reclaimed under contractual agreement and properly marked and labeled.

• Transport Requirements - Containers of hazardous waste shipped offsite must be labeled to identify the waste and its hazard class. Transporters of hazardous waste required to be manifested must have an USEPA identification number and must comply with manifest management requirements.

• Central Accumulation Area Management – A central accumulation area (aka 180-day or 90-day storage area) is an area where hazardous waste is accumulated or stored before being turned in for disposal to a permitted facilities

(i.e., a TSDF, recycler etc). Storage in these areas is temporary, and the permissible length of time for accumulation depends on generator classification.

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• Satellite Accumulation Point Management - A satellite accumulation point is an area at which no more than 55 gal of a hazardous waste or 1 qt of acute hazardous waste is accumulated at or near the point of generation. The satellite accumulation point is under the control of one operator of the process generating the waste. When the

55 gal limit is reached the operator has 3 consecutive calendar days to move the waste to a central accumulation area (i.e. 180-day or 90-day storage area) or a permitted TSDF. The option to accumulated hazardous waste in a satellite accumulation point/area only applies to an SQG or a LQG.

• Universal Wastes - These requirements apply to batteries, pesticides, and thermostats as defined in 40 CFR 273.

They are alternate standards for the handling of these wastes instead of the requirements found in 40 CFR 260 through 272. Handlers can be classified as either a large quantity handler of universal waste (5000 kg [ 11,111 lb] or more in 1 yr) or a small quantity handler of universal waste (less than 5000 kg [ 11,111 lb] in 1 yr).

Depending on classification, the handler has to meet requirements concerning management of the waste, marking and labeling, notifications, and transportation. Additionally, there are standards for universal waste transporters and universal waste destination facilities (40 CFR 273). These regulations are only effective upon adoption by the state RCRA program, except in those areas without an authorized program.

• Permitted TSDF Requirements - The operation of a TSDF is subject to regulation and permitting under Federal and state regulations. These regulations are both administrative and technical in nature. The administrative standards require that various plans be developed to ensure that emergencies can be dealt with, waste received is properly identified, and operating personnel are adequately trained to operate the TSDF and respond to emergencies. These administrative standards also include requirements that the TSDF be inspected routinely, records of operations are compiled and maintained, and reports of both routine and contingency operations are made to the applicable regulatory agency. The administrative standards also require that a plan for ceasing operations and closing the TSDF be developed, kept on hand, and updated frequently.

The technical standards that are applicable to TSDFs fall into two classes: general standards that apply to all

TSDFs and specific standards that apply to various types of facilities, i.e., container storage areas, tanks, containment buildings, surface impoundments, waste piles, land treatment facilities, incinerators, landfills, thermal treatment facilities, and chemical, physical, and biological treatment facilities.

Administrative and technical standards are applied to a particular facility through a RCRA permit issued to a facility. Existing TSDFs that have applied for a permit but not yet been issued a RCRA permit are considered to be in interim status if they applied for a part A and part B permit and can continue to operate if they comply with the RCRA mandated interim status standards (ISS) of 40 CFR 265 (interim status standards for owners and operators of hazardous waste TSDF).

• Ordnance - Under the provisions of 40 CFR 261.23(a)(6) through 261.23(a)(8) ordnance is classified as a reactive hazardous waste. The open burning and detonation (OB/OD) of waste explosives is allowed at interim status

TSDFs as long as a minimum distance is kept from the property line of the property of others. The length of this distance is based on the amount of explosive being OB/OD. For permitted TSDFs, OB/OD activities are regulated by permit to operate a miscellaneous unit. This is often referred to as a Subpart X permit.

E. Key Compliance Definitions

• Active Life - the period from the initial receipt of hazardous waste at the facility until the Regional Administrator receives certification of final closure (40 CFR 260.10).

• Active Portion - that portion of a facility where treatment, storage, or disposal operations are being or have been conducted and which is not a closed portion (40 CFR 260.10).

• Acute Hazardous Waste - hazardous wastes that meet the listing criteria in 40 CFR 261.11(a)(2) and therefore are either listed in 40 CFR 261.31 with the assigned hazard code of (H) or are listed in 40 CFR 261.33(e) (40 CFR

260.10) [Reviewed October 2001, Revised January 2017].

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• Aerosol can - a non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas. (40 CFR 260.10 and 273.9) [Added April 2020].

• 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 (40 CFR 266.210)

[Added January 2004].

• Ampule - an airtight vial made of glass, plastic, metal, or any combination of these materials (40 CFR 273.9)

[Added October 2005].

• Aquifer - a geologic formation or group of formations, or part of a formation capable of yielding a significant amount of groundwater to wells or springs (40 CFR 260.10) [Reviewed October 2001].

• Automated Export System (AES) Filing Compliance Date - the date that EPA announces in the Federal Register, on or after which exporters of hazardous waste and exporters of cathode ray tubes for recycling are required to file EPA information in the Automated Export System or its successor system, under the International Trade Data

System (ITDS) platform (40 CFR 260.10) [Added January 2017]

• Average Volatile Organic (VO) Concentration - the mass-weighted average VO concentration of a hazardous waste (40 CFR 265.1081) [Reviewed October 2001].

• Battery - a device consisting of one or more electrically connected electrochemical cells that are designed to receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed (40 CFR 260.10 and 273.9) [Reviewed October 2001].

In relation to the concept of universal wastes, this term includes all batteries except the following (40 CFR

273.2(b)):

1. spent lead acid batteries that are managed under 40 CFR 266, Subpart G (reclamation of spent lead acid batteries that are recyclable)

2. batteries as defined above that are not yet wastes under 40 CFR 261, including those that do not meet the criteria for waste generation (see definition of Waste Battery)

3. batteries as defined above that are not hazardous waste. A battery is a hazardous waste if it exhibits one or more of the characteristics identified in 40 CFR 261, Subpart C [Revised October 1999, Reviewed March

2000].

See also the definition of Waste Battery.

• Boiler - an enclosed device using controlled flame combustion and having the following characteristics (40 CFR

260.10) [Revised October 2001]:

1. The unit has physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases; and

2. The unit's combustion chamber and primary energy recovery section(s) must be of integral design; and

3. While in operation the unit maintains a thermal energy recovery efficiency of at least 60 percent; and

4. The unit has been approved by the Administrator of USEPA; and

5. The unit must export and utilize at least 75% of the recovered energy (40 CFR 260.10).

USEPA may also decide on a case-by-case basis that certain enclosed devices using controlled flame combustion are boilers even though they may not otherwise meet the definition of boiler.

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• 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 (40 CFR

260.10) [Added July 2006].

• Cathode Ray Tube or CRT - a vacuum tube, composed primarily of glass, which is the video display component of a television or computer monitor. An intact CRT means a CRT remaining within the monitor whose vacuum has not been released. A broken CRT means glass removed from the monitor after the vacuum has been released

(40 CFR 261.40(f)) [Added January 2003].

• Central Accumulation Area - any on-site hazardous waste accumulation area with hazardous waste accumulating in units subject to either 40 CFR 262.16 (for small quantity generators) or 40 CFR 262.17 (for large quantity generators). A central accumulation area at an eligible academic entity that chooses to operate under 40 CFR part

262 subpart K is also subject to 40 CFR 262.211 when accumulating unwanted material and/or hazardous waste

(40 CFR 260.10) [Added January 2009; Revised January 2011, Revised January 2017].

• Certification - a statement of professional opinion based upon knowledge and belief (40 CFR 260.10) [Reviewed

October 2001].

• Certified Delivery - certified mail with return receipt requested, or equivalent courier service, or other means, that provides the sender with a receipt confirming delivery (40 CFR 266.210) [Added January 2004].

• Characteristics of Hazardous Waste - the characteristics of ignitibility, corrosivity, reactivity, and toxicity that identify hazardous waste (40 CFR 261.20 through 261.24) [Reviewed October 2001].

• Closed Portion - the portion of a facility that has been closed in accordance with the approved closure plan and all applicable closure requirements (40 CFR 260.10).

• 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., hinged access lid or hatch), or automatically operated (e.g., a spring loaded pressure relief valve) (40 CFR 265.1081) [Reviewed October 2001].

• College/University - a private or public, post-secondary, degree-granting, academic institution, that is accredited by an accrediting agency listed annually by the U.S. Department of Education (40 CFR 262.200) [Added January

2009].

• Competent Authority - the regulatory authority or authorities of concerned countries having jurisdiction over transboundary movements of wastes (40 CFR 262.81) [Added January 2018].

• Conditionally Exempt Small Quantity Generator – See Very Small Quantity Generator.

• Container - any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled (40 CFR 260.10) [Reviewed October 2001].

• Containment Building - a hazardous waste management unit that is used to store or treat hazardous waste under

40 CFR 264.1100 through 264.1103 and 265.1100 through 265.1103 (40 CFR 260.10) [Reviewed October

2001].

• Contingency Plan - a document setting out an organized, planned, and coordinated course of action to be followed in case of a fire, explosion, or release of hazardous waste or hazardous waste constituents that could threaten human health or the environment (40 CFR 260.10) [Reviewed October 2001].

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• Countries Concerned - the countries of export or import and any countries of transit (40 CFR 262.81) [Added

January 2018].

• Country of Export - any country from which a transboundary movement of hazardous wastes is planned to be initiated or is initiated (40 CFR 262.81) [Added January 2018].

• Country of Import - any country to which a transboundary movement of hazardous wastes is planned or takes place for the purpose of submitting the wastes to recovery or disposal operations therein (40 CFR 262.81) [Added

January 2018].

• Country of Transit - any country other than the country of export or country of import across which a transboundary movement of hazardous wastes is planned or takes place (40 CFR 262.81) [Added January 2018].

• Cover - a device that provides a continuous barrier over the hazardous waste 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, gauge wells) that are necessary for operation, inspection, maintenance, and repair of the unit on which the cover is used. A cover may be a separate piece of equipment that can be detached and removed from the unit or a cover may be formed by structural features permanently integrated into the design of the unit (40 CFR 265.1081)

[Reviewed October 2001].

• CRT Collector - a person who receives used, intact CRTs for recycling, repair, resale, or donation (40 CFR

260.10) [Added July 2006].

• CRT Glass Manufacturer - an operation or part of an operation that uses a furnace to manufacture CRT glass (40

CFR 260.10) [Added July 2006].

• CRT Glass Manufacturing Facility - a facility or part of a facility located within the Region III States that uses a furnace to manufacture CRT glass (40 CFR 261.40(f)) [Added January 2003].

• CRT Processing - conducting all of the following activities (40 CFR 260.10) [Added July 2006]:

1. Receiving broken or intact CRTs; and

2. Intentionally breaking intact CRTs or further breaking or separating broken CRTs; and

3. Sorting or otherwise managing glass removed from CRT monitors.

• CRT Processing - the conducting of all of the following activities at a facility within the USEPA Region III's

States (40 CFR 261.40(f)) [Added January 2003]:

1. receiving broken or intact CRTs;

2. intentionally breaking intact CRTs or further breaking or separating broken CRTs;

3. sorting or otherwise managing glass removed from CRT monitors; and

4. cleaning coatings off the glass removed from CRTs.

• Debris - solid material exceeding a 60 mm particle size that is intended for disposal and that is (40 CFR 268.2)

[Reviewed October 2001]:

1. a manufactured object

2. plant or animal matter

3. natural geologic material.

The following materials are not debris:

1. any material for which a specific treatment standard is provided in Subpart D, 40 CFR 268, namely lead acid batteries, cadmium batteries, and radioactive lead solids

2. process residuals such as smelter slag and residues from the treatment of waste, wastewater, sludges, or air emissions residues

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3. intact containers of hazardous waste that are not ruptured and retain at least 75 percent of their original volume.

• Designated Facility -

1. A hazardous waste treatment, storage, or disposal facility which:

a. Has received a permit (or interim status) in accordance with the requirements of 40 CFR 270 and 124;

b. Has received a permit (or interim status) from a State authorized in accordance with 40 CFR 271; or

c. Is regulated under 40 CFR 261.6(c)(2) or 40 CFR 266, Subpart F; and

d. That has been designated on the manifest by the generator pursuant to 40 CFR 262.20.

2. Designated facility also means a generator site designated on the manifest to receive its waste as a return shipment from a facility that has rejected the waste in accordance with 40 CFR 264.72(f) or 40 CFR 265.72(f) of this chapter.

3. If a waste is destined to a facility in an authorized State which has not yet obtained authorization to regulate that particular waste as hazardous, then the designated facility must be a facility allowed by the receiving State to accept such waste (40 CFR 260.10) [Revised April 2005].

• Destination Facility - a facility that treats, disposes of, or recycles a particular category of universal waste. A facility at which a particular category of universal waste is only accumulated, is not a destination facility for purposes of managing that category of universal waste. (The management activities of handlers for universal waste batteries and universal waste thermostats are exempt from the definition of a destination facility.) (40 CFR

262.10 and 273.9) [Revised October 1999; Reviewed March 2000].

• Detonation - an explosion in which chemical transformation passes through the material faster than the speed of sound (0.33 km/s at sea level) (40 CFR 265.382).

• Dike - an embankment or ridge of either natural or manmade materials used to prevent the movement of liquids, sludges, solids, or other materials (40 CFR 260.10) [Reviewed October 2001].

• Discharge or Hazardous Waste Discharge - the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying, or dumping of hazardous waste into or on any land or water (40 CFR 260.10) [Reviewed

October 2001].

• Disposal - the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwaters (40 CFR

260.10) [Reviewed October 2001].

• Disposal Facility - a facility or part of a facility at which hazardous waste is intentionally placed into or on any land or water, and at which waste will remain after closure. The term disposal facility does not include a corrective action management unit into which remediation wastes are placed (40 CFR 260.10) [Reviewed October 2001].

• Disposal Operations – in relation to the export/import of hazardous waste, activities which do not lead to the possibility of resource recovery, recycling, reclamation, direct re-use or alternate uses, which include (40 CFR

262.81) [Added January 2018]:

1. D1 Release or Deposit into or onto land, other than by any of operations D2 through D5 or D12.

2. D2 Land treatment, such as biodegradation of liquids or sludges in soils.

3. D3 Deep injection, such as injection into wells, salt domes or naturally occurring repositories.

4. D4 Surface impoundment, such as placing of liquids or sludges into pits, ponds or lagoons.

5. D5 Specially engineered landfill, such as placement into lined discrete cells which are capped and isolated from one another and the environment.

6. D6 Release into a water body other than a sea or ocean, and other than by operation D4.

7. D7 Release into a sea or ocean, including sea-bed insertion, other than by operation D4.

8. D8 Biological treatment not specified elsewhere in operations D1 through D12, which results in final compounds or mixtures which are discarded by means of any of operations D1 through D12.

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9. D9 Physical or chemical treatment not specified elsewhere in operations D1 through D12, such as evaporation, drying, calcination, neutralization, or precipitation, which results in final compounds or mixtures which are discarded by means of any of operations D1through D12.

10. D10 Incineration on land.

11. D11 Incineration at sea.

12. D12 Permanent storage.

13. D13 Blending or mixing, prior to any of operations D1 through D12.

14. D14 Repackaging, prior to any of operations D1 through D13.

15. D15 (or DC17 for transboundary movements with Canada only) Interim Storage, prior to any of operations

D1 through D12.

16. DC15 Release, including the venting of compressed or liquified gases, or treatment, other than by any of operations D1 to D12 (for transboundary movements with Canada only).

17. DC16 Testing of a new technology to dispose of a hazardous waste (for transboundary movements with

Canada only).

• Electronic Import-Export Reporting Compliance Date - the date that EPA announces in the Federal Register, on or after which exporters, importers, and receiving facilities are required to submit certain export and import related documents to EPA using EPA's Waste Import Export Tracking System, or its successor system (40 CFR 260.10)

[Added January 2017].

• Elementary Neutralization Unit - a device which (40 CFR 260.10) [Reviewed October 2001]:

1. is used for neutralizing wastes that are hazardous only because they exhibit corrosivity characteristic defined in 40 CFR 261.22, or they are listed in Subpart D of 40 CFR 261 only for this reason

2. meets the definition of tank, tank system, container, transport vehicle, or vessel in 40 CFR 261.10.

• 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) [Added January 2009].

• Eligible Naturally Occurring and/or Accelerator-produced Radioactive Material (NARM) - NARM that is eligible for the Transportation and Disposal Conditional Exemption. It is a NARM waste that contains RCRA hazardous waste, meets the waste acceptance criteria of, and is allowed by State NARM regulations to be disposed of at a low-level radioactive waste disposal facility (LLRWDF) licensed in accordance with 10 CFR part 61 or

NRC Agreement State equivalent regulations (40 CFR 266.210) [Added January 2004].

• 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 (40 CFR 265.1081)

[Reviewed October 2001].

• EPA Acknowledgment of Consent (AOC) - the letter EPA sends to the exporter documenting the specific terms of the country of import's consent and the country(ies) of transit's consent(s). The AOC meets the definition of an export license in U.S. Census Bureau regulations 15 CFR 30.1 (40 CFR 262.81) [Added January 2018].

• EPA Hazardous Waste Number - the number assigned by USEPA to each hazardous waste listed in 40 CFR 261, Subpart D, and to each characteristic identified in 40 CFR 261, Subpart C (40 CFR 260.10) [Reviewed October

2001].

• EPA Identification Number - the number assigned by USEPA to each generator, transporter, and TSDF (40 CFR

260.10) [Reviewed October 2001].

• Episodic Event - an activity or activities, either planned or unplanned, that does not normally occur during generator operations, resulting in an increase in the generation of hazardous wastes that exceeds the calendar month quantity limits for the generator’s usual category (40 CFR 262.231) [Added January 2017].

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• Equipment - each valve, pump, compressor, pressure relief device, sampling connection system, open-ended valve or line, or flange or other connector, and any control devices or systems required by this subpart (40 CFR

264.1031) [Added April 1999; Reviewed October 2001].

• Evaluated Hazardous Waste Pharmaceutical - a prescription hazardous waste pharmaceutical that has been evaluated by a reverse distributor in accordance with 40 CFR 266.510(a)(3) and will not be sent to another reverse distributor for further evaluation or verification of manufacture credit [Added April 2019].

• Exempted Hazardous Waste Containers and Surface Impoundments - containers and surface impoundments are exempt from the air emission requirements (specified under 40 CFR 264.1084 through 264.1087 or under 40 CFR

265.1085 through 265.1088) if the waste management unit is one of the following (40 CFR 264.1082(c) and

265.1083(c)) [Revised December 1997; Reviewed October 2001]:

1. containers and surface impoundments for which all hazardous wastes entering the unit have an average VO concentration at the point of waste origination of less than 500 ppmw as determined by using the procedures specified under 40 CFR 264.1083(a) and 40 CFR 265.1084(a). This determination is updated at least every

12 mo

2. containers and surface impoundments for which the organic content of all hazardous wastes entering the unit has been reduced by an organic destruction or removal process that achieves any of the following conditions:

d. a. a process that removes or destroys the organics to a level such that the average VO concentration of the hazardous waste at the point of waste treatment is less than the exit concentration limit established for the process as determined by using the procedures specified under 40 CFR 264.1083(a) and 265.1084(b)

e. b. a process that removes or destroys the organics contained in the hazardous waste to such a level that the organic reduction efficiency for the process is equal to or greater than 95 percent, and the average VO concentration of the hazardous waste at the point of waste treatment is less than 100 ppmw as determined by using the procedures specified under 40 CFR 264.1083(a) and

265.1084(b)

f. c. a process that removes or destroys the organics contained in the hazardous waste to such a level that the actual organic mass removal rate for the process is greater than the required organic mass removal rate established for the process as determined by using the procedures specified under 40 CFR 264.1083(a) and 265.1084(b)

g. d. a biological process that destroys or degrades the organics contained in the hazardous waste such that either of the following is met:

i. the organic reduction efficiency for the process is equal to or greater than 95 percent and the organic biodegradation efficiency for the process is equal to or greater than 95 percent as determined by using the procedures specified under 40 CFR 264.1083(a) and 265.1084(b)

ii. the total actual organic mass biodegradation rate for all hazardous waste treated by the process is equal to or greater than the required organic mass removal rate as determined by using the procedures specified under 40 CFR 264.1083(a) and 265.1084(b)

h. e. a process that removes or destroys the organics contained in the hazardous waste and meets all the following conditions:

i. from the point of waste origination through the point where the hazardous waste enters the treatment process, the hazardous waste is continuously managed in waste management units which use air emissions controls as specified in 40 CFR 264.1084 through 264.2087 or in 40

CFR 265.1085 through 265.1088, as applicable to the waste management unit

ii. from the point of waste origination through the point where the hazardous waste enters the process, any transfer of the hazardous waste is accomplished through continuous hard-piping or other closed system transfer that does not allow exposure of the waste to the atmosphere

iii. the average VO concentration of the hazardous waste at the point of waste treatment is less than the lowest average VO concentration at the point of waste origination determined for each of the individual hazardous waste streams entering the process or 500 ppmw, whichever value is lower

(The average VO concentration of each individual waste stream at the point of waste origination shall be determined using the procedures specified under 40 CFR 264.1083(a) and 265.1084(b))

i. f. a process that removes or destroys the organics contained in the hazardous waste to a level such that the organic reduction efficiency for the process is equal to or greater than 95 percent

4 - 12 and the owner/operator certifies that the average VO concentration at the point of waste origination for each of the individual waste streams entering the process is less than 10,000 ppmw, as determined by using the procedures specified under 40 CFR 264.1083(a) and

265.1084(b))

j. g. a hazardous waste incinerator for which the owner/operator has been issued a final permit under 40 CFR 270, or has designed and operated the incinerator in compliance with 40 CFR

264, Subpart O

k. h. a boiler or industrial furnace for which the owner or operator has been issued a final permit under 40 CFR 270, or has designed and operated the unit in compliance with 40 CFR 266, Subpart H.

3. a tank, container, or surface impoundment for which all hazardous waste placed in the unit either:

l. a. meets the numerical concentrations limits for organic hazardous constituents as specified in

40 CFR 268, or

m. b. the organic hazardous constituents in the waste have been treated by the treatment technology established by the USEPA for the waste listed under 40 CFR 268.42(a) or have been removed or destroyed by an equivalent method of treatment approved by the USEPA.

n.

• Exempted Hazardous Waste Management Unit - the air emission standards specified under Subpart CC of 40

CFR 264 and 265 do not apply to the following waste management units (40 CFR 264.1080(b) and 265.1080(b))

[Revised April 1999; Reviewed October 2001]:

1. a waste management unit that holds hazardous waste placed in the unit before 6 December 1996, and in which no hazardous waste is added to the unit on or after 6 December 1996

2. a container that has a design capacity less than or equal to 0.1 m3

3. a tank in which an owner/operator has stopped adding hazardous waste and the owner/operator has begun implementing or completed closure pursuant to an approved closure plan

4. a surface impoundment in which an owner/operator has stopped adding hazardous waste (except to implement an approved closure plan) and the owner/operator has begun implementing or completed closure pursuant to an approved closure plan

5. a waste management unit that is used solely for on-site treatment or storage of hazardous waste that is placed in the unit as a result of implementing remedial activities required under the corrective action authorities of

RCRA Sect 3004(u), 3004(v), or 3008(h); CERCLA authorities; or similar federal or state authorities

6. a waste management unit that is used solely for the management of radioactive mixed waste in accordance with all applicable regulations under the Atomic Energy Act and the Nuclear Waste Policy Act

7. a waste management unit that the owner or operator certifies is equipped with and operating air emissions controls in accordance with the requirements of an applicable Clean Air Act (CAA) regulation codified under

40 CFR 60, 61, and 63

8. a tank that has a process vent as defined in 40 CFR 264.1031.

• Exempted Waste - a waste that meets the eligibility criteria in 266.225 and meets all of the conditions in 40 CFR

230, or meets the eligibility criteria in 40 CFR 266.310 and complies with all the conditions in 40 CFR 266.315.

Such waste is conditionally exempted from the regulatory definition of hazardous waste described in 40 CFR

261.3 (40 CFR 266.210) [Added January 2004].

• Existing Hazardous Waste Management (HWM) Facility or Existing Facility - a facility which was in operation or for which construction commenced on or before 19 November 1980 (40 CFR 260.10) [Reviewed October

2001].

• Export - the transportation of hazardous waste from a location under the jurisdiction of the United States to a location under the jurisdiction of another country, or a location not under the jurisdiction of any country, for the purposes of recovery or disposal operations therein (40 CFR 262.81) [Added January 2018].

• Exporter- also known as primary exporter on the RCRA hazardous waste manifest, means the person domiciled in the United States who is required to originate the movement document in accordance with 40 CFR 262.83(d) or the manifest for a shipment of hazardous waste in accordance with subpart B of this part, or equivalent State

4 - 13 provision, which specifies a foreign receiving facility as the facility to which the hazardous wastes will be sent, or any recognized trader who proposes export of the hazardous wastes for recovery or disposal operations in the country of import (40 CFR 262.81) [Added January 2018].

• Existing Portion - the land surface area of an existing waste management unit, included in the original Part A permit application, on which wastes have been placed prior to the issuance of a permit (40 CFR 260.10).

• External Floating Roof - a pontoon or double-deck type floating roof that rests on the surface of a hazardous waste being managed in a tank that has no fixed roof (40 CFR 265.1081).

• Explosives or Munitions Emergency - a situation involving the suspected or detected presence of 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, 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. Such situation may require immediate and expeditious action by an explosives or munitions emergency response specialist to control, mitigate, or eliminate the threat (40 CFR 260.10 and 266.201) [Added January 2003].

• 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 in-place render safe procedures, treatment, or destruction of the explosives or munitions and/or transporting 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 (40 CFR 260.10 and

266.201) [Added January 2003].

• 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 Department of Defense (DOD) emergency explosive ordnance disposal (EOD), technical escort unit (TEU), and DOD-certified civilian or contractor personnel; and other Federal, State, or local government, or civilian personnel similarly trained in explosives or munitions emergency responses (40 CFR 260.10 and 266.201) [Added January 2003].

• Facility – This term means (40 CFR 260.10) [Revised January 2009]:

1. All contiguous land, and structures, other appurtenances, and improvements on the land, used for treating, storing, or disposing of hazardous waste, or for managing hazardous secondary materials prior to reclamation.

A facility may consist of several treatment, storage, or disposal operational units (e.g., one or more landfills, surface impoundments, or combinations of them).

2. For the purpose of implementing corrective action under 40 CFR 264.101 or 267.101, 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).

3. Notwithstanding paragraph (2) of this definition, a remediation waste management site is not a facility that is subject to 40 CFR 264.101, but is subject to corrective action requirements if the site is located within such a facility.

• Federally Owned Treatment Work (FOTW) - a facility that is owned and operated by a department, agency, or instrumentality of the Federal Government treating wastewater, a majority of which is domestic sewage, prior to discharge in accordance with a permit issued under section 402 of the Federal Water Pollution Control Act (42

USC 6939e(d)).

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• Final Closure - the closure of all hazardous waste management units at the facility in accordance with all applicable closure requirements so that hazardous waste management activities under parts 264 and 265 are no longer conducted at the facility unless subject to the provisions of 262.34 (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 (40 CFR…