There are specific requirements for labeling and managing containers that store hazardous or universal waste that apply to hazardous waste storage areas on campus. These requirements are described below. Most universities, colleges and institutes do not transport or treat hazardous waste or operate a hazardous waste treatment, storage and disposal facility (TSDF). TSDF requirements are found in 40 CFR 264 and 265, which contain, respectively, the provisions for operating a permitted or interim status TSDF. (Interim status is for facilities have that have submitted an application to EPA for a permit to operate a TSDF but to which the permit has not yet been issued.) However, the regulations covering TSDFs are not specifically addressed in the tour. More typically, your school generates, stores and engages a contractor to transport its hazardous waste to an off-site TSDF that is permitted to dispose of the hazardous waste. Generator standards for hazardous waste management are contained in 40 CFR 262, which frequently refers to requirements in 40 CFR 264 and 265. Common hazardous wastes generated by schools and universities include, but are not limited to, the following:

• Laboratory chemical waste
• Photographic solution
• Used parts cleaning solvent
• Solvents
• Paint waste
• Contaminated fuel oils

The storage and disposal of batteries and fluorescent lamps invoke the standards for universal waste management. In addition, it is important to note that some states, including Massachusetts, have more stringent requirements than the federal requirements for hazardous waste storage. In addition, states may list specific wastes (e.g., waste oil, PCBs) as a state-regulated hazardous waste.

This section of the tour covers the following topics:

• Hazardous waste definition
• Generators classification
• Activities that constitute storage of hazardous waste
• Labeling
• Storage
• Air emissions standards
• Hazardous waste tanks
• Emergency Preparedness and Response
• Contingency Plans for Large Quantity Generators
• Universal Waste

Hazardous Waste Definition

In general, a hazardous waste is a solid waste that is not exempt from regulation as a hazardous waste and that is either "listed" as a hazardous waste (according to the provisions of 40 CFR 261.30-261.33) or is "characteristically" hazardous. In the latter case, one of the following must be true:

• Ignitability. Liquid waste that has a flash point below 140⁰ F and, therefore, has the "characteristic of ignitability," is a hazardous waste as defined in 40 CFR 261.21. The closed cup flash point is the temperature at which a material produces sufficient vapor to ignite in the presence of an ignition source such as an electrical spark or a lit match. The flash point refers to the temperature of the material, itself, rather than to the temperature of the air around the material. Ignitable non-liquid waste is defined as a waste that is capable, under standard temperature and pressure, of causing fire through friction, absorption of moisture or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a hazard. Ignitable compressed gas is defined in 49 CFR 173.300 or by the test methods in 40 CFR 260.20 and 260.21; and oxidizers as defined in 40 CFR 173.151 are characteristically ignitable.

• Corrosovity. Aqueous waste that has a pH less than 2, or an aqueous waste greater than 12.5 has the "characteristic of corrosivity," as defined in 40 CFR 261.22. A material with a pH below 2 is strongly acidic, while a material with a pH above 12.5 is strongly "basic." Materials with high pH values are also called alkaline or caustic. Liquid waste that corrodes steel at a rate greater than 6.35 mm (0.250 inch) per year is also defined as corrosive, regardless of pH.

• Reactivity. A waste is characterized as reactive if it exhibits the "characteristic of reactivity" as defined in 40 CFR 261.23. This includes waste that is normally unstable and undergoes violent change without detonating; or waste that reacts violently or forms potentially explosive mixtures or toxic gases when mixed with water. It also includes waste that is a cyanide or sulfide bearing waste which, when exposed to pH conditions between 2 and 12.5, can generate toxic gases; or waste that is capable of detonation or exploding. Lastly, it includes explosives specified as forbidden explosives (49 CFR 173.51), Class A explosives (49 CFR 173.53), and Class B explosives (49 CFR 173.88).

• Toxicity. This definition applies to a waste that, when subjected to a laboratory test called the Toxicity Characteristic Leaching Procedure (TCLP), the results exceed any of the threshold chemical concentrations listed in 40 CFR 261.24. Such wastes are said to be "TCLP positive" and to have the "characteristic of toxicity."

Examples of constituents covered by the TCLP test include, but are not limited to:

• Arsenic
• Barium
• Benzene
• Cadmium
• Carbon Tetrachloride
• Chlordane
• Chloroform
• Chromium
• Cresol
• 1,4-dichlorobenzene
• Endrin
• Hexachloroethane
• Lead
• Mercury
• Selenium
• Silver
• Tetrachloroethylene
• Vinyl chloride

For listed wastes, EPA developed four lists (i.e., "F," "K," "P," and "U" list) covering different types of hazardous wastes, which are summarized as follows:

• F-wastes are hazardous wastes from nonspecific sources, manufacturing process wastes produced from a variety of operations, hence "nonspecific sources." These include, but are not limited to: spent solvents, wastes from heat treating operations, dioxin wastes, wood preserving wastes, and sludges from wastewater treatment systems in electroplating (40 CFR 262.31).

• K-listed wastes are hazardous wastes from specific chemical and other industries and, in turn, specific sources. (40 CFR 262.32)

• P-listed and U-listed wastes are hazardous wastes that are discarded commercial chemical products off-specification species, container residues, and spill residues. P-listed wastes are acute hazardous wastes (i.e., they have extremely hazardous properties). U-listed wastes are chemical wastes that EPA found to meet several criteria, including having toxic, carcinogenic, mutagenic or teratogenic characteristics. (40 CFR 261.22)

Generators may encounter problems with properly identifying their hazardous wastes as P or U listed wastes. Generators may determine that a waste has one or more chemicals found on the P and/or U lists and then assign the P or U listed waste code to the waste and manage it as such. For example, if a generator has a waste that is an unused mercury-containing thermometer, even though it contains mercury, because "thermometer" does not appear on the P or U list, this is not a listed waste. This waste item, however, would likely be a hazardous waste for failing the TCLP test for mercury (D009); hence, would be a characteristically hazardous waste. On the other hand, unused mercury in a glass jar labeled, "mercury" is a listed hazardous waste, because "mercury" appears on the U-list.

Generators Classification

RCRA hazardous waste regulations classify generators of hazardous waste into three categories based on the quantity generated, as follows:

• Conditionally exempt small quantity generators (CESQGs) generate no more than 100 kilograms (kg) (220 pounds) of hazardous waste in a calendar month.

• Small quantity generators (SQGs) generate between 100 kilograms (220 pounds) and 1,000 kilograms (2,200 pounds) of hazardous waste in a calendar month.

• Large quantity generators (LQGs) generate more than 1,000 kilograms (2,200 pounds) of hazardous waste in a calendar month.

The regulations refer to small quantity generators as "generators of greater than 100 kg but less than 1,000 kg in a calendar month." Requirements for "generators" always apply to large quantity generators, but may not apply to SQGs or CESQGs. Generator status is based on the monthly total of all hazardous waste generated rather than on the quantity of each type of hazardous waste. Generator status is not determined by average monthly hazardous waste generation. Rather, hazardous waste generator status is determined separately for each calendar month, based on actual hazardous waste generation in the month. In addition, total volume limits cannot be exceeded (e.g., small quantity generators may not store more than 6,000 kilograms of hazardous waste on site at any time).

Activities that Constitute Storage of Hazardous Waste

Any storage of hazardous waste constitutes storage. If hazardous waste is generated at one location and then transferred to drums or other containers and temporarily accumulated on site prior to disposal, the generating facility is storing hazardous waste. For example, if waste paint that meets definition of hazardous waste is accumulated in drums or other containers on site prior to disposal, then the generating facility is storing hazardous waste. Unused products become waste when the owner gives up on the idea of using them some day (see 40 CFR 261.2(b)(3)).

Labeling

Containers held in hazardous waste accumulation areas are subject to specific labeling requirements. Laboratories must label, mark, and placard containers of hazardous waste in accordance with the regulations of the U.S. Department of Transportation, which are found in 49 CFR 172. For example, facilities must permanently mark each container of 110 gallons or less that is used for transportation of hazardous waste as follows:

HAZARDOUS WASTE--FEDERAL LAW PROHIBITS IMPROPER DISPOSAL.

If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency.

Generator's Name and Address____________________________

Manifest Document Number______________________________

In addition, SQGs and LQGs must mark containers used to store hazardous waste with the words "Hazardous Waste" and with the date on which hazardous waste was first placed in the container (40 CFR 262.34). A contract with a hazardous waste disposal contractor does not reduce the responsibility of the generator to ensure compliance with the labeling, marking, and placard requirements.

Storage

Once a container's volume limit is exceeded in a Satellite Accumulation Area, the container must be dated and shipped to a permitted hazardous waste treatment, storage or disposal facility (TSDF) within 90 days for large quantity generators (LQGs) or 180 days for small quantity generators (SQGs). For SQGs, the total volume of waste accumulated on-site may not exceed 6,000 kilograms (kg), and for CESQGs, the total volume may not exceed 10,000 kg.

The start date for storage of waste in the hazardous waste accumulation area is considered to be the date when the container is first used to store waste in the hazardous waste accumulation area. For wastes transferred to the hazardous waste accumulation area from, the date that waste is first placed in the container in the SAA is not critical; rather, the date that the volume limit for the SAA is exceeded is the important one with respect to the calculation of the 90-day or 180-day storage limit. For unknown wastes that may be undergoing analysis the start date is the date the material is identified as a waste, not when lab results are received. Containers must be shipped to a TSDF within the specified time limit regardless of whether or not the container is full.

Hazardous waste stored in containers (other requirements apply to hazardous waste in tanks) at a SQG or LQG facility that is not stored in a satellite accumulation area must comply with the following requirements:

• Storage containers must be in good condition and must be compatible with the waste (40 CFR 265.171, 265.172).
• Storage containers must be kept closed except when waste is added or removed (40 CFR 265.173(a)).
• Storage containers must not be opened, handled, or stored in a manner which may rupture the container or cause it to leak (40 CFR 265.173(b)).
• Areas where containers are stored must be inspected at least weekly for leaks and for deterioration caused by corrosion or other factors (40 CFR 265.174).
• A large-quantity generator facility may not store waste for more than 90 days without a hazardous waste facility permit, but there is no limit on quantity (40 CFR 262.34(a)).
• Without a hazardous waste facility permit, a small-quantity generator facility may not store hazardous waste for more than 180 days or in quantities exceeding 6,000 kilograms (13,200 pounds) (40 CFR 262.34(d)).
• If your school stores hazardous waste for longer than the allowed time period (i.e., 90 or 180 days), the Treatment, Storage and Disposal (TSD) Requirements of 40 CFR 264/265 must be met. These requirements include, but are not limited to: waste analysis, site security, inspection, recordkeeping, reporting, closure/post-closure, financial security and others. Links to these regulations can be found at the end of this section.
• Containers holding ignitable or reactive waste must be located at least 50 feet from the facility's property line and the owner or operator must take precautions to prevent accidental ignition or reaction of ignitable or reactive waste (40 CFR 265.176 and 40 CFR 265.17). [This does not apply to SQGs.]
• Incompatible wastes and materials under certain conditions specified by RCRA, may be mixed or commingled, but only providing that it does not: generate extreme heat or pressure, fire or explosion, or violent reaction; produce uncontrolled toxic mists, fumes, dusts, or gases in quantities that threaten human health; produce uncontrollable flammable fumes or gases that may pose a risk of fire or explosions; damage the structural integrity of the device or facility containing the waste; or through other means threaten human health or the environment (40 CFR 265.177, 40 CFR 265.17(b)).
• Hazardous waste must not be placed in an unwashed container that previously held an incompatible waste or material (unless certain conditions are met) (40 CFR 265.177(b), 265.17(b)).
• A storage container holding a hazardous waste that is incompatible with any waste or other materials stored nearby in other containers, piles, open tanks, or surface impoundments must be separated from the other materials or protected from them by means of a dike, berm, wall or other device (40 CFR 265.177(c)).
• Hazardous waste must be managed in accordance with applicable air emissions standards for process vents; equipment leaks; and tanks, surface impoundments, and containers specified in subparts AA, BB, and CC of 40 CFR 265 (40 CFR 265.178). [This does not apply to SQGs.]
• Containers of hazardous waste must be clearly labeled with the words "Hazardous Waste" (40 CFR 262.34(a)(3)).
• Each container must be clearly and visibly marked with the date when hazardous waste was first placed in the container (40 CFR 262.34(a)(2)).
• A large-quantity-generator facility must have a preparedness, prevention and contingency plan (PPC plan) that covers hazardous waste management (40 CFR 262.34(a)(4), 265.51). Although this requirement does not apply to small-quantity-generator facilities, SQGs must comply with the preparedness and prevention requirements of 40 CFR 265, Subpart C. Preparation and maintenance of a written plan is desirable to facilitate compliance with the preparedness and prevention requirements.
• The facility must have a formal training program for personnel responsible for managing hazardous waste (40 CFR 262.34(a)(4), 265.16). [This does not apply to SQGs. However, SQGs still have obligations under 40 CFR 262.34(d)(5) for having an emergency coordinator on premises or on call, posting response information next to the telephone, and ensuring that all employees are familiar with waste handling and emergency procedures.]

CESQG facilities may not store more than 1,000 kilograms of hazardous waste for more than 180 days without a hazardous waste facility permit (40 CFR 261.5(g)(2)). The hazardous waste regulations contain no requirements for CESQG facilities storing hazardous waste in a quantity less than 1,000 kilograms (no maximum time limit for storage) or for a period less than 180 days.

Air Emission Standards

EPA regulates air emissions at RCRA hazardous waste facilities with standards that vary according to the type of waste management activity and the ways in which emissions occur, in three Subparts to 40 CFR 265, which are summarized below.

Subpart AA process vent standards are likely not applicable to a college or university. They apply to non-exempt hazardous waste management units if the following criteria are met:

• The unit is one of the following:

1. Unit subject to the permitting standards of Part 270 (i.e., permitted or interim status TSDF facilities)

2. Recycling units at hazardous waste management facilities otherwise subject to the permitting standards of Part 270

3. Less than 90-day large quantity generator units

• The unit is one of the following:

1. Steam strippers

2. Distillation units

3. Fractionation units

4. Thin-film evaporations units

5. Solvent extraction units

6. Air Strippers

• The unit is associated with any open-ended pipe or stack that is vented to the atmosphere either directly, through a vacuum-producing system, or through a tank (e.g., distillate receiver, condenser, bottoms receiver, surge control tank, separator tank, or hot well) associated with one of the six types of units in the previous bullet.

• The unit manages hazardous waste with an organic concentration greater than or equal to 10 ppmw.

Facilities subject to Subpart AA must install controls that meet the standards contained in 40 CFR 264/265 (e.g., those for process vents, closed vents), and meet applicable requirements for inspection and monitoring of the control devices, recordkeeping and semiannual reporting requirements for deviations from the standards for control devices. However, owners and operators of interim status TSDFs and large quantity generators are not subject to the reporting requirements.

Subpart BB equipment leak standards are unlikely to be applicable to a college and university. These standards are applicable to non-exempt hazardous waste management units if the following criteria are met:

• The first criterion identified above for Subpart AA (i.e., permitted or interim status TSDF facility, recycling unit, or a less than 90 kg large quantity generator unit).

• The unit's equipment is any valve, pump, compressor, pressure relief device, sampling connection system, open-ended valve or line, flange or other connector, and any control devices or systems required by Subpart AA.

• The equipment comes into contact with hazardous waste with an organic concentration of at least 10 percent by weight.

Facilities subject to Subpart BB must adopt safe management practices. (However, equipment that contains or that contacts organic hazardous waste less than 300 hours per year is only subject to Subpart BB's identification and recordkeeeping requirements.) These requirements include, but are not limited to, design and operating standards for each category of equipment, specific inspections and frequencies, and developing and implementing a leak detection and repair (LDAR) program. What constitutes a leak varies according to the equipment type. Facilities have 15 days from the day a leak is detected to initiate and complete repairs.

Subpart CC contains requirements for non-exempt facilities that have organic emission from tanks, surface impoundments, and containers located at RCRA TSDFs and large quantity generators (LQGs). This may be the case for certain waste tanks at colleges and universities. Units that are exempt from Subpart CC include the following:

• A container with a capacity less than or equal to 26 gallons (approximately)
  
• A tank with a process vent, which his defined as: "…any open-ended pipe or stack that is vented to the atmosphere either directly, through a vacuum-producing system, or through a tank (e.g., distillate receiver, condenser, bottoms receiver, surge control tank, separator tank, or hot well) associated with hazardous waste distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations"
  
• A tank surface impoundment, or container operating with controls subject to air pollution control regulations in 40 CFR 60-62
  
• Waste management units used to manage hazardous waste generated as part of a regulated federal or state remediation authority, or those used solely to manage radioactive mixed waste

Subpart CC requires the installation of air emission controls if the managed waste exceeds an average volatile organic concentration of 500 ppmw at the point of waste generation. The requirements specify several control device options, which vary according to the type of unit (tank, surface impoundment, or container), in CFR 264.1085. (For the type of waste storage typically performed at a college or university's waste storage area (i.e., in 55 gallon drums), the key requirements to comply with are to keep the drums sealed, inspect the drums, and keep records of such inspections.) Some of the control devices require closed-vent systems, which are regulated in Subpart AA (see above). Owners and operators of facilities subject to Subpart CC must develop and implement a written plan and schedule for inspecting and monitoring each cover, cover opening, control-vent system, and control device. Records must be kept to demonstrate that required control device design and operating standards (40 CFR 265.1090) are being met, and that required tests are for demonstrating compliance with air emission standards are conducted. Facilities that are permitted units are required to report on noncompliance with Subpart CC requirements; however, there are no reporting requirements for interim status units or LQGs.

Hazardous Waste Storage Tanks: Large Quantity Generators

RCRA regulates tanks that store hazardous waste, whether the tanks are "new," "existing," aboveground, or underground. New tanks are defined as those that started holding hazardous waste after the effective date of the July 14, 1986, rule. (New tanks include reinstalled and replacement tank systems or components.) A school or university that stores hazardous waste in tanks must meet applicable requirements for installation/operation/inspection, integrity, secondary containment, hazardous waste release responses, and closure/post-closure care of tank systems, all of which are summarized below. The following requirements apply to hazardous waste storage tanks owned/operated by LQGs; SQGs are only required to comply with the hazardous waste storage tank requirements under 40 CFR 265.201, which are described in the next section.

Proper Installation, Operation and Inspection of Hazardous Waste Tank Systems

Existing tank systems without adequate secondary containment (see 40 CFR 265.193) (those in existence on or before July 14, 1986) must have been assessed for leakage and overall fitness for use by January 12, 1988; and for tanks that store materials that become hazardous waste after July 14, 1986, must have been assessed within 12 months from the date the tank became regulated. Integrity assessments must consider the original design standards, the age of the unit, corrosion protection measures in place, compatibility of the tank with hazardous waste involved, and results of leak tests or inspections. Assessment results must be certified by an independent, qualified, Professional Engineer (PE) and maintained by the owner/operator of the hazardous waste tank system. (40 CFR 262.34(a)(1)(ii), 265.191)

New tank system design and installation requirements include specifications for: the foundation, structural support, and corrosion protection to prevent collapse, rupture, or failure of the tank. The tank's owner/operator must submit to EPA a written design assessment that has been reviewed and certified by an independent, qualified, PE; this assessment must be kept on site. (40 CFR 265.192)

Each tank must also be inspected prior to use by an independent, qualified inspection expert to ensure that no damage occurred to the integrity of the tank system during its installation. Any damage found to have occurred must be corrected prior to operating the tank system. (40 CFR 265.192)

Hazardous waste tanks systems must also be periodically inspected to verify that they are operated and maintained in a satisfactory condition, and to identify leaks, deterioration, corrosion, or structural fatigue in any portion of the tank system. Documentation of all tank inspections should be kept by the facility. The frequency for conducting these inspections depends on the portion of the tank being inspected and whether the tank has secondary containment. 40 CFR 264/265.195 contains the general inspection provisions for tanks with full secondary containment.

Maintaining the Integrity of the Primary Containment System

New tank systems or components made wholly or partly of metal must be designed and installed with adequate corrosion protection (i.e., one of more of the following: construction materials that are corrosion-resistant, corrosion-resistant coating in combination with cathodic protection, electrical isolation devices). If the cathodic protection system is field-fabricated, it must be supervised by an independent corrosion expert. (40 CFR 265.192(f)).

Hazardous wastes or treatment reagents must not be placed in a tank system if they can cause any part of the system to fail (40 CFR 265.194), spill, or overflow. Options to prevent spills and overflows from the tank or secondary containment include: using check valves or high-level alarms and automatic feed cutoffs, and/or leaving sufficient freeboard in uncovered tanks to allow for overflow due to wave or wind action or precipitation.

Secondary Containment and Monitoring

All hazardous waste storage tanks must be provided with secondary containment and leak detection methods. New tanks must have secondary containment prior to being placed in service. Secondary containment for existing systems is to be phased in over time, according to the EPA schedule contained in 40 CFR 265.193(a). Secondary containment must be designed, installed, and operated so that no waste is released to surrounding soil, groundwater or surface water and be able to resist failure due to normal movement of surrounding soils (i.e., settlement, compression or uplift). Secondary containment devices may include an external liner, a vault, a double-walled tank, or an alternative equivalent device (subject to EPA approval). Leak detection systems that can detect a leak in either the primary or secondary containment structure are also required; these can be thermal conductivity sensors, electrical resistivity sensors, vapor detectors, or even daily visual inspections (where tanks and tank components are physically accessible) (40 CFR 265.193(c)). A technology-based or risk-based variance from secondary containment requirements may be obtained from EPA, in accordance with the provisions in 40 CFR 265.193(h). Tanks containing no free liquids that are situated inside a building with an impermeable floor and tanks, including sumps, that serve as part of a secondary containment system are automatically exempt from secondary containment and leak detection requirements (40 CFR 265.190(b)).

Adequate Response to Releases of Hazardous Waste

In the event of a leak of spill from a tank system, or if a tank is found unfit for use, the owner/operator of the tank system must carry out the following response actions (40 CFR 265.196):

• Stop the flow of waste into the tank and inspect the tank to determine the cause of the release

• Any remaining waste in the tank or secondary containment system must be removed within 24 hours or at the "earliest practicable time"

• Remove and properly dispose of any contaminated media

• Unless the release is less than one pound and is immediately cleaned up, notify the EPA Regional Administrator or National Response Center if required under 40 CFR 302 and submit a follow-up written report to the Regional Administrator within 30 days

• Repair and/or equip the tank with secondary containment in accordance with the specifications contained in 40 CFR 265.197 (Note: Major repairs must be certified by an independent, qualified, registered, PE and this certification must be sent to the EPA Regional Administrator.)

Proper Closure and Post-Closure Care of Tank Systems

Owners/operators of tanks that are "clean closed" (i.e., those tanks for which all waste residues, contaminated containment system components, contaminated soils, and contaminated structures and equipment are removed or decontaminated) have no post-closure responsibilities for such tanks, other than the general closure and financial responsibility requirements of 40 CFR 265, Subpart G and H.

If "clean closure" is not an option, EPA requires that the owner/operator have a plan developed and implemented for taking care of the remaining waste for a number of years after closure (i.e., a "post-closure plan"). Post-closure requirements are contained in the regulations for landfills in Subpart G and H and portions of Subpart N (40 CFR 265.197(b)).

Hazardous Waste Storage Tanks: Small Quantity Generators

SQGs are only required to comply with the hazardous waste storage tank requirements under 40 CFR 265.201, which include:

• Incompatible wastes and materials under certain conditions specified by RCRA, may be mixed or commingled, but only providing that it does not: generate extreme heat or pressure, fire or explosion, or violent reaction; produce uncontrolled toxic mists, fumes, dusts, or gases in quantities that threaten human health; produce uncontrollable flammable fumes or gases that may pose a risk of fire or explosions; damage the structural integrity of the device or facility containing the waste; or through other means threaten human health or the environment. (40 CFR 265.201(b)(1), 265.17(b))
• Hazardous waste must not be placed in an unwashed container that previously held an incompatible waste or material (unless certain conditions are met). (40 CFR 265.201(b)(1), 265.17(b))
• Hazardous wastes or treatment reagents must not be placed in a tank if they could cause the tank or its inner liner to rupture, leak, corrode, or otherwise fail before the end of its intended life. (40 CFR 265.201(b)(2)
• Uncovered tanks must be operated to ensure at least two feet of freeboard, unless the tank is equipped with a containment structure (e.g., dike or trench), a drainage control system, or a diversion structure (e.g., standby tank) with a capacity that equals or exceeds the volume of the top two feet of the tank. (40 CFR 265.201(b)(3)
• For continuously fed tanks, the tank must be equipped with a means to stop the inflow (e.g., waste feed cut-off system or bypass system to a stand-by tank). (40 CFR 265.201(b)(4)
• Inspection must occur according to the following provisions and frequencies (40 CFR 265.201(c):
  • Discharge control equipment: at least once each operating day
  • Data gathered from monitoring equipment (e.g., pressure, temperature), at least once each operating day
  • The level of the waste in the tank: at least once each operating day
  • Construction materials of the tank: at least weekly, for corrosion and leaks
  • Construction materials of, and the area immediately surrounding discharge confinement structures (e.g., dikes), at least weekly for erosion or obvious signs of leakage

• Upon closure of the facility, all hazardous waste must be removed from tanks, discharge control equipment, and discharge confinement structures (40 CFR 265.201(d))
• Ignitable or reactive waste must not be placed in a tank unless (40 CFR 265.201(d)(1)):
  • The waste is treated, rendered or mixed before or immediately after placement in a tank so that the resulting waste, mixture or dissolution of material is no longer ignitable (according to the definition under 40 CFR 262.21 or 262.23) and the requirements of 40 CFR 265.17(b) (see above) are met; or
  • It is stored or treated in a way that it is protected from materials or conditions that may cause the waste to ignite or react; or
  • The tank is used solely for emergency purposes

• Facilities that treat or store ignitable or reactive waste in covered tanks must meet the buffer zone requirements for tanks contained in Tables 2-1 through 2-6 of the National Fire Protection Association's "Flammable and Combustible Liquid Code," (1977 or 1981), which are incorporated by reference.) (40 CFR 265.201(e)(2))
• Incompatible wastes and materials must not be placed in the same tank, or must not be placed in an unwashed tank which previously held an incompatible waste or material, unless the requirements of 40 CFR 265.17(b) (see above) are met. (40 CFR 265.201(f))

Emergency Preparedness and Response

Facilities designated as SQGs storing hazardous waste must comply with the following "Preparedness and Prevention" requirements (40 CFR 262.34(d)(4):

• At all times at least one employee with responsibility for coordinating emergency response measures must be either at the facility or on call and able to reach the facility in a short time (40 CFR 262.34(d)(5)(i)). This employee is the "emergency coordinator."
• The following information must be posted next to telephones (40 CFR 262.34(d)(5)(ii)):
  • The name and telephone number of the emergency coordinator
  • Locations of fire extinguishers, spill control material, and the fire alarm
  • The telephone number of the fire department, unless the facility has a direct alarm
• All employees must be thoroughly familiar with proper waste handling procedures and emergency response procedures that are relevant to their responsibilities (40 CFR 262.34(d)(5)(iii)).
• The facility must have the following equipment, unless this equipment would not be needed to control the hazards posed by the waste at the facility (40 CFR 265.32):
  • An internal communication or alarm system (voice or signal)
  • Telephones or a hand-held, two way radio at locations where hazardous waste is used or stored
  • Appropriate fire control equipment, spill control equipment, and decontamination equipment
  • An adequate volume of water for fire fighting

• All equipment listed above must be tested and maintained as necessary to ensure that it will function properly in time of emergency (40 CFR 265.33).
• Personnel handling hazardous waste must have immediate access to an internal alarm or emergency communication device (40 CFR 265.34(a)). An employee working alone on the premises must have immediate access to a means of summoning external emergency assistance (40 CFR 265.34(b)).
• Aisle space must be maintained to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless aisle space is not needed for any of these purposes (40 CFR 265.35).
• To the extent warranted by type of hazardous waste handled at the laboratory and the potential need for emergency services, the laboratory must attempt to familiarize police, fire departments, and emergency response teams with facility operations and the wastes handled at the facility, and must attempt to familiarize local hospitals with the properties of the waste and the injuries and illnesses that could result from fire, explosion or waste discharge at the facility (40 CFR 265.37).
• The emergency coordinator or a person designated by the emergency coordinator must:
  • In the event of a fire, call the fire department or attempt to extinguish the fire using a fire extinguisher (40 CFR 262.34(d)(5)(iv)(A)).
  • In the event of a spill, contain the flow of hazardous waste to the extent possible and clean up the waste and any contaminated materials or soil as soon as possible (40 CFR 262.34(d)(5)(iv)(B)).

In the event of a fire, an explosion, a spill that has reached surface water, or any other release that could threaten the health of people outside the facility, immediately notify the National Response Center (NRC) at 800-424-8802. The following information must be provided: the name, address, and identification number of the generator; the type of incident and the date and time of the incident; the type and quantity of hazardous waste involved; a description of any injuries; the quantity of materials recovered and the disposition of the materials. (40 CFR 262.34(d)(5)(iv)(C))

In addition, hazardous waste generators who experience a release of a "hazardous substance" under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) or an "extremely hazardous substance" under the Emergency Planning and Community Right-to-Know Act (EPCRA), including hazardous waste streams that meet these definitions, must report such releases. Reportable quantities for hazardous substances are given in 40 CFR 302. Reportable quantities for extremely hazardous substances are given in 40 CFR Part 355, Parts A and B. Facilities must notify State Emergency Response Committees (SERC) and Local Emergency Planning Committees (LEPCs) immediately of releases that go beyond the facility boundaries and provide subsequent written notification and/or follow up to the releases. For CERCLA and EPCRA releases that stay within the facility boundaries, then only the NRC must be notified (see previous paragraph).

Contingency Plans for Large Quantity Generators

In addition to complying with the Preparedness and Prevention requirements of 40 CFR 265, Subpart C, LQG facilities must meet the following requirements for contingency plans:

The facility must develop a contingency plan that is designed to minimize hazards to people and the environment from fires, explosions, and releases of hazardous waste or constituents of hazardous waste (40 CFR 262.34(a)(4), 265.51(a)).

The plan must be implemented whenever there is a fire, explosion or release of hazardous waste or hazardous waste consitituents which could threaten human health or the environment. (40 CFR 265.51(b))

The hazardous waste contingency plan must address the following elements (40 CFR 265.52):

• Actions facility must take to respond to fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water.
• If a Spill Prevention Control and Countermeasures plan or another contingency plan has been prepared by the facility, then that plan only need be amended to incorporate the hazardous waste management provisions of this part.
• A description of the arrangements agreed to by local police departments, fire departments, hospitals, contractors, and state and local emergency response teams to coordinate emergency services.
• Current names, addresses and phone numbers (home and office) of all persons qualified to act as emergency coordinator; primary and alternate emergency coordinators must be identified whenever more than one person is listed; others must be listed in order of which they will assume responsibility.
• An up-to-date list of all emergency equipment at the facility and decontamination equipment (where this is required), including the location and a physical description of each item and an outline of its capabilities.
• An evacuation plan for facility personnel where there is a possibility that evacuation could be necessary, including signals to be used to begin evacuation, evacuation routes, and alternate evacuation routes.

Copies of the contingency plan and all revisions to the plan must be kept at the facility. In addition, copies of the contingency plan must be submitted to all local police, fire departments, hospitals, and emergency response teams that may be called upon to provide emergency services (40 CFR 265.53).

The plan must be reviewed and immediately amended if necessary whenever (40 CFR 265.54):

• The facility permit is revised
• The plan fails in an emergency
• The facility changes in a way that materially increases the potential for fires, explosions, or releases of hazardous wastes or hazardous waste constituents, or changes the response necessary in an emergency
• The list of emergency coordinators or the list of emergency equipment changes

At all times, there must be at least one employee either at the facility or on call (i.e., able to reach the facility in a short time) who has responsibility for coordinating all emergency response measures. This employee is the emergency coordinator. The emergency coordinator must be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of waste stored or handled, the location of all records at the facility, and the facility layout. In addition, this person must have the authority to commit the resources needed to carry out the contingency plan. (40 CFR 265.55)

Procedures for alarm activation; released material characterization; assessment of the hazards of the material to either human health or the environment; if necessary, reporting to state or local agencies and the National Response Center; released material containment; monitoring leaks, pressure buildup, etc.; recovered waste management; and cleaning of emergency equipment prior to reuse. (40 CFR 265.56)

The facility must ensure that implementation of the contingency plan is fully noted in the operating log. (40 CFR 265.56)

Universal Waste

All facilities that accumulate certain wastes, including batteries, mercury-containing equipment or lamps (e.g., fluorescent light bulbs) are subject to the universal waste management requirements in 40 CFR 273, which include:

• Following procedures for managing waste batteries in such a way that batteries showing evidence of leakage, spillage, or damage are stored in appropriate containers; the integrity of each battery cell is preserved during the following activities including, but not limited to: sorting, regenerating, and disassembly, and wastes resulting from regeneration/disassembly are properly characterized.

• Following procedures for storing waste lamps (whether they are intact or broken) in such a way that they are properly contained. The container(s) must be structurally sound, adequate to prevent breakage or, in the case of broken waste lamps, leakage; and compatible with the contents of the container.

• Labeling, as appropriate, the wastes: “Waste Batteries,” “Universal Waste-Batteries,” “Used Batteries,” ”Universal Waste-Mercury Thermostat(s),” “Waste Mercury Thermostat(s),” “Used Mercury Thermostat(s),” “Universal Waste-Lamp(s),” “Used Lamp(s),” “Universal Waste-Mercury-Containing Equipment,” “Waste Mercury-Containing Equipment,” or “Used Mercury-Containing Equipment.”

• Tracking the length of time universal waste accumulates, to ensure that the waste does not accumulate for more than one year (unless the facility can demonstrate that accumulating universal wastes for more than one year is necessary to facilitate proper recovery, treatment or disposal).

• Providing universal waste training to employees that cover responsibilities for universal waste handling and emergency procedures.

• Containing all universal waste releases and determining whether any released materials is hazardous waste.

In addition, large quantity handlers of universal waste--those who accumulate 5,000 kg or more of universal waste at any given time--are required to notify the EPA of its universal waste management and retain records of all universal wastes shipped from and received by the facility. (Other wastes considered to be universal wastes include pesticide wastes.) If spent batteries and mercury-containing devices (e.g., thermostats), fluorescent lamps and waste pesticides are not managed as universal wastes, then these wastes must be managed according to applicable RCRA hazardous waste requirements.

Generators should note that the hazardous waste regulations have specific definitions for the different generator classifications that are unique to hazardous waste, and the universal waste regulations also have specific generator classification definitions that are unique to universal wastes. Hence, a generator may be a large quantity generator of hazardous waste while being a small quantity generator of universal waste.

For the complete text of the regulations (40 CFR 261, 262, 264, 265, 273, 302 and 355; and 49 CFR 172 and 173), click here:

40 CFR 261
40 CFR 262
40 CFR 264
40 CFR 265
40 CFR 273
40 CFR 302
40 CFR 355
49 CFR 172
49 CFR 173