EPA, at 40 CFR 370, defines hazardous chemical as any hazardous chemical as defined under OSHA’s regulations at 29 CFR 1910.1200(c) with some exceptions listed at 40 CFR 370.13 and 370.66. OSHA’s Hazard Communication Standard at 29 CFR 1910.1200 defines hazardous chemical as any chemical which is classified as a physical hazard or a health hazard, a simple asphyxiant, combustible dust, or hazard not otherwise classified.
In addition, OSHA’s Occupational Exposure to Hazardous Chemicals in Laboratories standard in 29 CFR 1910.1450, defines hazardous chemical as any chemical which is classified as health hazard or simple asphyxiant in accordance with the Hazard Communication Standard (1910.1200).
Hazardous substance
A Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) hazardous substance is defined at Section 101(14) and 40 CFR 300.5 and means:
- Any substance designated pursuant to section 311(b)(2)(A) of the Clean Water Act [33 U.S.C. 1321(b)(2)(A)];
- Any element, compound, mixture, solution, or substance designated pursuant to section 102 of CERCLA [42 U.S.C. 9602];
- Any hazardous waste having the characteristics identified under or listed pursuant to section 3001 of the Solid Waste Disposal Act [42 U.S.C. 6921] (but not including any waste the regulation of which under the Solid Waste Disposal Act [42 U.S.C. 6901 et seq.] has been suspended by Act of Congress);
- Any toxic pollutant listed under section 307(a) of the Clean Water Act [33 U.S.C. 1317(a)];
- Any hazardous air pollutant (HAP) listed under section 112 of the Clean Air Act [42 U.S.C. 7412 et seq.]; and
- Any imminently hazardous chemical substance or mixture with respect to which EPA has taken action pursuant to section 7 of the Toxic Substances Control Act (TSCA) [15 U.S.C. 2606].
The CERCLA hazardous substance also includes any substance that has been designated by EPA to be reported if the substance is spilled or otherwise released into the environment. EPA designates these released materials that are considered hazardous substances at 40 CFR 302.4.
The term hazardous substance, under CERCLA, does not include petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated above, and the term does not include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas).
According to DOT Hazardous Materials Regulations at 49 CFR 171.8, a material, including a mixture or solution, is a hazardous substance if:
- It is listed in Appendix A to 49 CFR 172.101, and
- It is in a quantity, in one package, which equals or exceeds the reportable quantity (RQ) listed in Appendix A, and
- When in a mixture or solution, then (a) for radionuclides, it conforms to paragraph 7 of the Appendix A to 172.101; or (b) for other than radionuclides, it is in a concentration by weight which equals or exceeds the concentration corresponding to the RQ of the material, as shown in the table in 49 CFR 171.8.
Section 171.8 explains that the term hazardous substance does not include petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance in Appendix A to 172.101 of this Subchapter, and the term does not include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas).
Under OSHA’s hazardous waste operations and emergency response (HAZWOPER) regulations at 29 CFR 1910.120 and 29 CFR 1926.65, a hazardous substance means any substance designated or listed under this definition, exposure to which results or may result in adverse affects on the health or safety of employees:
- Any substance defined under section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA);
- Any biological agent and other disease-causing agent which after release into the environment and upon exposure, ingestion, inhalation, or assimilation into any person, either directly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions (including malfunctions in reproduction) or physical deformations in such persons or their offspring;
- Any substance listed by DOT as hazardous materials under 49 CFR 172.101 and Appendices; and
- Hazardous waste, including a waste or combination of wastes as defined in 40 CFR 261.3, or those substances defined as hazardous wastes in 49 CFR 171.8.
Hazardous material
As defined by DOT for shipping purposes, hazardous material means any substance or material, which has been determined by the Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and which has been so designated. The term includes hazardous substances, hazardous wastes, marine pollutants, and elevated temperature materials, materials designated as hazardous under 49 CFR 172.101 and 172.102, and materials that meet the defining criteria for hazard classes and divisions in 49 CFR 173.
OSHA regulations also contain an entire subpart devoted to hazardous materials. Subpart H of 29 CFR 1910 includes requirements for compressed gases, flammable liquids, process safety management, HAZWOPER, and several other topics.
Hazardous waste
According to EPA, hazardous waste means a hazardous waste as defined in 40 CFR 261.3. In general terms, it refers to contaminated chemicals or by-products of a product process that no longer serves its purpose, and needs to be disposed of. It means any solid waste that exhibits hazardous characteristics (ignitability, corrosivity, toxicity, or reactivity) or is specifically listed by EPA as being hazardous.
For DOT shipping purposes, hazardous waste means any material that is subject to the hazardous waste manifest requirements of EPA specified in 40 CFR 262.
Under OSHA 29 CFR 1910.120, hazardous waste means a waste or combination of wastes as defined in 40 CFR 261.3, or those substances defined as hazardous wastes in 49 CFR 171.8.
Hazmat
Hazmat is short for hazardous materials and refers to any aspect of hazardous materials production, transport, use, disposal, cleanup, and emergency response.
HAZWOPER
HAZWOPER is short for hazardous waste operations and emergency response. It refers to OSHA 29 CFR 1910.120, OSHA 29 CFR 1926.65, and EPA 40 CFR 311. The two OSHA standards regulate cover the following operations:
- Clean-up operations required by a governmental body, whether Federal, state, local or other involving hazardous substances that are conducted at uncontrolled hazardous waste sites (including, but not limited to, the EPA’s National Priority Site List (NPL), state priority site lists, sites recommended for the EPA NPL, and initial investigations of government identified sites which are conducted before the presence or absence of hazardous substances has been ascertained);
- Corrective actions involving cleanup operations at sites covered by the Resource Conservation and Recovery Act of 1976 (RCRA) as amended (42 U.S.C. 6901 et seq.);
- Voluntary clean-up operations at sites recognized by Federal, state, local or other governmental bodies as uncontrolled hazardous waste sites;
- Operations involving hazardous wastes that are conducted at treatment, storage, and disposal (TSD) facilities regulated by 40 CFR 264 and 265 pursuant to RCRA; or by agencies under agreement with EPA to implement RCRA regulations; and
- Emergency response operations for releases of, or substantial threats of releases of, hazardous substances without regard to the location of the hazard.
EPA 40 CFR 311 applies to state and local government employees engaged in “hazardous waste operations,” as defined in 29 CFR 1910.120(a), in states that do not have a state plan approved under section 18 of the Occupational Safety and Health Act of 1970. Hazardous waste operation means any operation conducted within the scope of 29 CFR 1910.120.
