Department of Transportation (DOT)

DOT’s Hazardous Materials Regulations at 49 CFR 171–180 apply to all private, common, and contract carriers transporting hazardous materials in commerce. Hazardous waste transporters must comply with all of these associated regulations.

Even if you are not a transporter of hazardous waste, hazardous waste generators also must comply with certain DOT regulations, most notably the training requirements at 49 CFR 172.704. These requirements are for “hazmat employees,” must be completed every three years, and cover general awareness, safety, security, and function-specific training topics. It is the responsibility of the organization to identify these employees and it can be a source of confusion. One key thing to remember is that anyone at your organization who signs a hazardous waste manifest is a hazmat employee, since this person certifies that the waste has been managed and packaged correctly with all the proper marking, labeling, and placarding.

Regulatory citations:

• 49 CFR 171–180
• 49 CFR 172.704

Related Compliance Network subjects:

• Transporting hazmat
• Hazmat training

Hazard communication

The Occupational Safety and Health Administration’s (OSHA) hazard communication, or HazCom, standard (HCS) covers ‘‘any chemical which is known to be present in the workplace in such a manner that employees may be exposed under normal conditions of use or in a foreseeable emergency.” Most chemicals in the workplace have at least some hazard potential, and will therefore be covered by HCS.

While the HazCom requirements do not apply to hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA), it may apply to non-RCRA waste products and it also stands to reason that hazardous chemicals used in processes may often become hazardous waste after they are applied in the process and then must be disposed.

When waste does not meet the definition of “hazardous waste” under the RCRA regulations, it is covered by the HazCom standard if it meets the standard’s definition of “hazardous chemical” and if it does not fall under any of the exemptions listed under 1910.1200(b)(6).

The key HazCom requirements that may affect your waste considerations are any chemical labeling as well as the chemical’s Safety Data Sheet (SDS). The SDS sometimes specifically mentions RCRA and waste considerations, but other times may tangentially indicate that hazardous waste requirements apply (such as a reference to DOT Hazmat regulations).

The SDS may also indicate a chemical has a hazardous characteristic (ignitability, corrosivity, reactivity, or toxicity). Be sure to check your SDSs for the following potential indicators:

• For ignitability, refer to flashpoint, fire point, etc. Also, look at the NFPA fire rating (a rating of 0 indicates not ignitable, whereas a rating of 1 to 4 may be indicative of ignitability).
• For corrosivity, refer to pH.
• For reactivity, refer to the section on reactivity.
• For toxicity, refer to the constituents in the material, if shown. However, this requires thorough knowledge of the chemicals in a mixture.

Regulatory citation:

• 29 CFR 1910.1200

Related Compliance Network subjects:

• Hazard Communication

HAZWOPER

While OSHA’s Hazardous Waste Operations and Emergency Response (HAZWOPER) standard is mainly characterized by its application at large hazardous waste cleanup operations, some portions of the standard apply to hazardous waste treatment, storage, and disposal, while still other portions apply to relatively small spills or releases of hazardous substances at industrial or construction sites. HAZWOPER is not applicable to many generators of hazardous waste, but it could apply depending on a generator’s specific operations, the amount and type of wastes involved, and the facility’s emergency response plan. So, it’s important to know whether your facility meets any HAZWOPER applicability criteria.

In the event that HAZWOPER does apply, it may fulfill the requirements of certain environmental hazardous waste requirements. If you are a large quantity generator (LQG) of hazardous waste that must provide training under the HAZWOPER standard, this fulfills some of your training requirements as an LQG. EPA says that HAZWOPER training will cover LQG emergency response training requirements under 40 CFR 262.17(a)(7), which require that facility personnel are able to respond effectively to hazardous waste emergencies by being familiar with emergency procedures, equipment, and systems.

Regulatory citations:

• 29 CFR 1910.120
• 29 CFR 1926.65 (for construction; however, standard is identical to 1910.120)

Related Compliance Network subjects:

• HAZWOPER

Tank systems

Many facilities store hazardous chemicals or other substances that may produce hazardous waste in underground storage tanks (USTs) and/or aboveground storage tanks (ASTs). UST systems are covered by waste regulations at 40 CFR 280, 281, and 282, and if your facility employs these systems you should ensure that you are maintaining all of your compliance obligations relating to secondary containment, overfill protection, corrosion protection, leak detection, and more.

If you are using ASTs within the context of your waste management program or to store hazardous substances, be sure to consult your state environmental regulations. Most AST regs are state-specific and can vary widely.

Regulatory citations:

• 40 CFR 280
• 40 CFR 281
• 40 CFR 282

Related Compliance Network subjects:

• Tank Systems

CERCLA, SARA, and EPCRA

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, is intended to establish a mechanism of response for the immediate cleanup of hazardous waste from accidental spills or from chronic environmental damage. CERCLA was amended by the Superfund Amendments and Reauthorization Act (SARA), which made important changes and additions after lessons learned from EPA’s first six years of administering the program. Authorized by Title III of SARA, the Emergency Planning and Community Right-to-Know Act (EPCRA) was first written to reduce the likelihood of chemical related disasters in the U.S. and increase public access to information about chemicals in their community.

Potentially Responsible Parties (PRPs) may be compelled by EPA to perform all or portions of the work related to cleanup of hazardous wastes at a Superfund site, or EPA may conduct the response itself and recover its costs from the PRPs in a subsequent action.

Regulatory citations:

• 40 CFR 300–374

Related Compliance Network subjects:

• CERCLA, SARA, EPCRA

Air emissions

Many hazardous wastes or treatments of hazardous wastes have the potential to release toxic fumes. Treatment, storage, and disposal facilities (TSDFs) such as hazardous waste combusters must obtain the appropriate Clean Air Act (CAA) permits for their operations, which may include Title V permits or New Source Review (NSR) permits.

Air emissions standards under 40 CFR 265 Subparts AA, BB, and CC apply to large quantity generators (LQGs) of hazardous waste as well as TSDFs. While these regulations apply only to these larger waster generating and handling entities, they are best practices for hazardous waste generators of all sizes to maintain healthy air quality. If you do anything onsite to your hazardous waste that could be considered treatment, ensure that you know how the treatment will contribute to your air quality compliance obligations.

Regulatory citations:

• 40 CFR Parts 50-99
• 40 CFR 265 Subparts AA, BB, and CC

• Air Programs

Stormwater

Depending on your facility and its hazardous waste operations, you may need to consider the impacts of stormwater discharges. Facilities that store waste containers outdoors at any time will need to address the potential for stormwater runoff hazards to the environment through secondary containment, National Pollutant Discharge Elimination System (NPDES) permitting, or both. The risks posed by hazardous waste would fall under the “industrial activity” type of discharges.

The term “stormwater discharge associated with industrial activity” means a stormwater discharge from one of 11 categories of industrial activity defined at 40 CFR 122.26 — and Category Four (iv) under these activities is “Hazardous waste treatment, storage, and disposal facilities.” While your facility may not technically be a TSDF, hazardous waste generators should consider any potential stormwater risks in their central and/or satellite accumulation areas or any related risks that may present themselves during transport or preparation for shipping.

Regulatory citation:

• 40 CFR 122.26

Related Compliance Network subjects:

• Water Programs