October 31, 2007

Memorandum:

Requirements that other Regulatory Programs would place on Generators,
Reclaimers and Transporters of Hazardous Secondary Materials

Submitted To:

Office of Solid Waste

U.S. Environmental Protection Agency

2733 South Crystal Drive

Arlington, VA 22202

Submitted By:

ICF Incorporated, L.L.C.

9300 Lee Highway

Fairfax, VA 22031-1207

This document was prepared by ICF Incorporated, L.L.C. under Contract
EP-W-07-003

Memorandum

TO:	Amanda Geldard, U.S. EPA

CC:	Dave Eberly, Tracy Atagi, U.S. EPA

FROM:	Amy Doll, Maggie Goldwasser, Pete Shields, ICF Incorporated, L.L.C

DATE:	October 31, 2007

RE:	Results of TD 8 - Identify Requirements that other Regulatory
Programs would place on Generators, Reclaimers, and Transporters of
Hazardous Secondary Materials

________________________________________________________________________
_____

This memo presents our results for Task 2 of TD 8: Identify Requirements
that other Regulatory Programs would place on Generators, Reclaimers,
and Transporters of Hazardous Secondary Materials. Beyond the proposed
definition of solid waste (DSW) rule, the DSW team is interested in
information on other conditions that generators, reclaimers, and
transporters would be required to meet to comply with other federal
regulations regarding the safe management of hazardous secondary
materials (HSM). This memo covers the federal regulations in the revised
Task 1 list, received from Amanda Geldard on October 18, 2007. It is
important to note that this memo includes only a brief summary of each
regulation given the quick-turnaround nature of the TD 8 analysis. If
additional information is needed on any of the regulations, we could
conduct follow-up research in the next contract year. The regulations
from the revised Task 1 list are listed below and summarized in the
following sections.

1. Occupational Safety and Health Administration (OSHA)

1.1 OSHA Hazard Communication Standard 

1.2 OSHA Emergency Response Program to Hazardous Substance Releases 

2. US Department of Transportation (DOT)

2.1 DOT Hazardous Materials Regulations

2.2 DOT Transportation of Hazardous Materials; Driving and Parking Rules

3. US Environmental Protection Agency

3.1 Notification Requirements under CERCLA and Title III of the
Superfund Amendments and Reauthorization Act of 1986

3.2 Emergency Planning and Community Right-to-Know Act (EPCRA)/Superfund
Amendments and Reauthorization Act of 1986 (SARA)

3.2.1 Emergency Planning and Notification

3.2.2 Hazardous Chemical Reporting: Community Right-to-Know

3.2.3 Toxic Chemical Release Reporting:  Community Right-to Know

3.3 Pollution Prevention Act of 1990, Section 6607 

3.4 Safe Drinking Water Act, Underground Injection Control Program,
Prohibition to Endanger

3.5 Proposed amendments to Spill Prevention, Control, and Countermeasure
(SPCC) Rule (72 FR 58378)

During our Task 2 research, we identified a new Federal Hazardous
Materials Safety Permit Program of the Federal Motor Carrier Safety
Administration. This program is being phased in (starting January 2005)
for intrastate, interstate, and foreign motor carriers transporting
certain types and amounts of highly hazardous materials, and is intended
to produce safety benefits and increased security to reduce the chances
these materials could be used in a terrorist attack. If the DSW team
would like information on this program that was not on the Task 1 list,
additional research could be conducted in the next contract year.

1. Occupational Safety and Health Administration (OSHA)

1.1 OSHA Hazard Communication Standard 

Overview of statutory authority 

OSHA’s Hazard Communication Standard, also known as HazCom or
"Employee Right-to-Know," was authorized under the Occupational Safety
and Health Act of 1970. The Hazard Communication Standard was issued on
November 22, 1983 and amended on August 24, 1987. The purpose of this
standard is to ensure that employees are aware of the hazards and
identities of the chemicals they are exposed to in the workplace. This
information is also intended to allow employers to take steps to reduce
exposures, substitute less hazardous materials, and establish proper
work practices for the health of their employees. 

Code of Federal Regulations citation

The Hazard Communication Standard is codified at 1910.1200 of 29 CFR
Occupational Safety and Health Regulations, or 29 CFR 1910.1200. Part
1910 is titled Occupational Safety and Health Standards, and contains
Subpart Z, Toxic and Hazardous Substances. 

Scope of regulation

 

The Hazard Communication Standard covers materials that present both
physical and health hazards to employees in a workplace. This coverage
applies to all industries (manufacturing and non-manufacturing) where
employees might be exposed to hazardous substances. Employers who do not
produce or import chemicals need only focus on the parts of the rule
that deal with establishing a workplace program and communicating
information to their employees. 

Under 29 CFR 1910.1200(c), an employer is defined as a person engaged in
a business where chemicals are either used, distributed, or are produced
for distribution or use. An employee is defined as a worker who may be
exposed to hazardous chemicals under normal operating conditions or in
foreseeable emergencies. Hazardous chemical means any chemical that is a
physical hazard or a health hazard. A workplace is defined as an
establishment, job site, or project, at one geographical location
containing one or more work areas. Work area means a room or defined
space in a workplace where hazardous chemicals are produced or used, and
where employees are present. “Use” means to package, handle, react,
emit, extract, generate as a byproduct, or transfer. 

Chemical manufacturers and importers are responsible for determining if
a substance is hazardous. Although byproducts are covered by the Hazard
Communication Standard, for purposes of hazard determination it only
requires chemical manufacturers to anticipate the downstream workplace
uses of their chemical products, and as part of their hazard
determination procedures, account for worker exposure to hazardous
byproducts that may be formed during normal conditions of use. Employers
are not required to evaluate chemicals unless they choose not to rely on
the manufacturer or importer’s analysis. 

The chemical manufacturer or importer (or employer in unusual
circumstances) who performs a hazard evaluation must consider available
scientific evidence concerning such hazards. For health hazards, the
analyzer must produce statistically significant evidence based on at
least one study that resulted in chronic or acute health effects. To
determine the hazards of mixtures, the evaluator must use information
obtained by testing the mixture as a whole or by assuming that the
mixture presents the same health hazards as the components that comprise
the mixture. The analyzer may also use whatever scientifically valid
data is available to evaluate the physical hazard potential of the
mixture. Under 29 CFR 1910.1200(c), chemical means any element, chemical
compound or mixture of elements and/or compounds. Mixture means any
combination of two or more chemicals if the combination is not, in whole
or in part, the result of a chemical reaction.

Chemical manufacturers or importers evaluating chemicals should use the
following to determine if a chemical is hazardous: 

29 CFR Part 1910, Subpart Z, Toxic and Hazardous Substances, OSHA; and

“Threshold Limit Values for Chemical Substances and Physical Agents in
the Work Environment,” American Conference of Governmental Industrial
Hygienists (ACGIH). 

Chemical manufacturers or importers evaluating chemicals should use the
following to determine if a chemical is a carcinogen:

National Toxicology Program (NTP), “Annual Report of Carcinogens”;

International Agency for Research on Cancer (IARC) “Monographs”; and

29 CFR Part 1910, Subpart Z, Toxic and Hazardous Substances, OSHA. 

The evaluation results for hazardous chemicals are summarized in a
Material Safety Data Sheet (MSDS). On the MSDS section for Stability and
Reactivity, evaluators provide information about “hazardous
decomposition or byproducts.” Specifically, this section lists any
conditions and materials that can cause a chemical to break down and
become a hazard or what may be produced when the chemical reacts with
other substances (these may include, for example, temperature extremes,
ignition sources, and other chemicals).

OSHA’s Hazardous Communication Standard does not apply to any
hazardous waste as defined by the Solid Waste Disposal Act, as amended
by RCRA (see 29 CFR 1910.1200(b)(6)(i)). It also does not apply to any
hazardous substance as defined by CERCLA when the hazardous substance is
the focus of remedial or removal action (see 29 CFR
1910.1200(b)(6)(ii)). 

Exhibit 1.1 - List of Regulatory Conditions Applicable to Generators,
Reclaimers, or Transporters of HSM for OSHA Hazard Communication
Standard

Requirements/Conditions	Generators	Reclaimers	Transporters

29 CFR 1910.1200(d)

Hazard determination

Employers may rely upon the hazard determination performed by the
chemical manufacturer, including information on hazardous intermediates
and byproducts from their chemical product.	No, unless a chemical
manufacturer	No	No

29 CFR 1910.1200(e)

Hazard communication program

Employers must develop, implement and maintain a written hazard
communication program.	Yes-if MSDS required	Yes-if MSDS required	No

29 CFR 1910.1200(f)(5)

Labels and other forms of warning

Employers must ensure that each container of hazardous chemicals in the
workplace is labeled, tagged or marked with identifying information and
appropriate hazard warnings.	Yes-if MSDS required	Yes-if MSDS required
No

29 CFR 1910.1200(g)(8)

Material safety data sheets

Employers must maintain copies of the required material safety data
sheets (MSDS) for each hazardous chemical used in the workplace and
ensure they are readily accessible to employees while they are in their
work areas (MSDS are supplied by the chemical manufacturer, importer or
distributor. An MSDS is written or printed material concerning a
hazardous chemical prepared in accordance with 29 CFR 1910.1200(g)).
Yes-depending on hazard determination	Yes-depending on hazard
determination	No

29 CFR 1910.1200(h)

Employee information and training

Employers must provide employees with effective information and training
about hazardous chemicals in the work area and whenever a new physical
or health hazard the employees have not previously been training about
is introduced into the work area.	Yes-if MSDS required	Yes-if MSDS
required	No



1.2 OSHA Emergency Response Program to Hazardous Substance Releases 

Overview of statutory authority 

Authorized by the Occupational Safety and Health Act of 1970, OSHA’s
Emergency Response Program to Hazardous Substance Releases is part of
Subpart H, Hazardous Waste Operations and Emergency Response, of the
Occupational Safety and Health Standards. The purpose of this standard
is to ensure that employers adequately prepare and protect the employees
who respond to releases of hazardous substances.  This preparation
includes having an emergency response plan, procedures for handling
emergency response, training, and conducting a post-emergency response
operation. 

Code of Federal Regulations citation

The Emergency Response Program to Hazardous Substance Releases is
codified at 1910.120(q) of 29 CFR Occupational Safety and Health
Regulations. Specifically, 29 CFR 1910.120(q) covers emergency response
operations from releases of, or substantial threats of releases of,
hazardous substances without regard to the location of the hazard.
Within 29 CFR 1910.120(q), the summary in the sections below and Exhibit
1.2 is limited to employer responsibilities for employee exposure to
safety and health hazards for emergency responses in the workplace.

Other emergency response operations where employee exposure to safety or
health hazards is regulated by different paragraphs of 29 CFR 1910.120
are RCRA corrective actions; RCRA treatment, storage, and disposal
facilities; cleanup operations required by a governmental body involving
hazardous substances that are conducted at uncontrolled hazardous waste
sites (e.g., NPL sites); and voluntary cleanup operations at sites
recognized by governmental bodies as uncontrolled hazardous waste sites.

Scope of regulation

 

For this standard, a hazardous substance is defined as any material that
may result in adverse effects on the health or safety of employees upon
exposure (see 29 CFR 1910.120(a)(3)). It is further characterized as: 

Any substance defined under section 101(14) of CERCLA;

Any biologic agent and other disease causing agent which after release
into the environment and upon exposure, ingestion, inhalation, or
assimilation into any person, either directly from the environment or
indirectly by ingestions through food chains, will or may reasonably be
anticipated to cause death, disease, behavioral abnormalities, cancer,
genetic mutation, physiological malfunctions or physical deformations in
such persons or their offspring;

Any substance listed by the U.S. Department of Transportation as
hazardous materials under 49 CFR 172.101;

A waste or combination of wastes as defined in 40 CFR 261.3; and

Those substances defined as hazardous wastes in 49 CFR 171.8.

An emergency response means a response effort by employees from outside
the immediate release area or by other designated responders to an
occurrence which results, or is likely to result, in an uncontrolled
release of a hazardous substance. Incidental releases where the
substance can be absorbed or otherwise controlled at the time of the
release by employees in the immediate release area are not considered
emergency responses. Responses to releases of hazardous substances where
there is no potential safety or health hazard are also not considered
emergency responses within this standard. 

Exhibit 1.2 - List of Regulatory Conditions Applicable to Generators,
Reclaimers, or Transporters of HSM for OSHA Emergency Response Program
to Hazardous Substance Releases (specific to 29 CFR 1910.120(q))

Requirements/Conditions	Generators	Reclaimers	Transporters

29 CFR 1910.120(q)(1) and (2)

Emergency response plan

Employers must develop and implement an emergency response plan designed
to identify, evaluate, and control safety and health hazards, and
provide for emergency response. Such plans must address: personnel
roles, lines of authority, training and communication; emergency
recognition and prevention; safe places of refuge; site security;
evacuation routes and procedures; decontamination; emergency medical
treatment; and emergency alerting. The plan should be in writing and
available for inspection and copying by employees and OSHA personnel. 
Yes	Yes	Yes

29 CFR 1910.120(q)(6) and (8)

Training

Employers must ensure that each employee who may participate in an
emergency response has proper training specific to his/her response
level.	Yes	Yes	Yes

29 CFR 1910.120(q)(9)

Medical surveillance and consultation

Employers must ensure that members of a designated hazmat team receive a
baseline physical examination and be provided with medical surveillance.
Yes	Yes	Yes

29 CFR 1910.120(q)(10)

Chemical protective clothing

Employers must ensure that chemical protective clothing and equipment is
used by hazmat team members when responding to an emergency.	Yes	Yes	Yes

29 CFR 1910.120(q)(11)

Post-emergency response operations

Employers must take appropriate measures upon the completion of the
emergency response to remove hazardous substances, health hazards, and
contaminated materials. 	Yes	Yes	Yes



2. US Department of Transportation (DOT)

2.1 DOT Hazardous Materials Regulations

Overview of statutory authority 

DOT’s Hazardous Materials Regulations were authorized by the Hazardous
Materials Transportation Act of 1975 (HMTA) and the subsequent Hazardous
Materials Transportation Uniform Safety Act of 1990 (HMTUSA), which
amended HMTA. The Pipeline and Hazardous Materials Safety Administration
(PHMSA) was delegated responsibility to write the hazardous materials
regulations, which are applicable to the transportation of hazardous
materials (and hazardous wastes) in commerce. The full series of DOT’s
Hazardous Materials Regulations are contained in 49 CFR Parts 100-180.

Code of Federal Regulations citation

The Hazardous Materials Regulations most relevant to HSM are codified
under Subchapter C Parts 107 and 171-180 of 49 CFR Transportation
Regulations. These parts of 49 CFR contain the primary regulations for
the transport of hazardous materials under HMTA, as amended by HMTUSA.
The purpose of the regulations is to ensure that dangerous materials are
properly classified, packaged, loaded, unloaded, stored, handled, and
transported. The specific titles of the relevant Parts are as follows:

Part 107: Hazardous Materials Program Procedures

Part 171: General Information, Regulations, and Definitions

Part 172: Hazardous Materials Table, Special Provisions, Hazardous
Materials Communications, Emergency Response Information, and Training
Requirements

Part 173: Shippers General Requirements for Shipments and Packagings

Part 174: Carriage by Rail

Part 175: Carriage by Aircraft

Part 176: Carriage by Vessel

Part 177: Carriage by Public Highway

Part 178: Specifications for Packagings

Part 179: Specifications for Tank Cars

Part 180: Continuing Qualifications and Maintenance of Packagings

Scope of regulation

 

Part 107 addresses the procedures and enforcement of the regulations,
while Part 171 provides general information about the rule. Part 172
explains special provisions as well as hazardous materials
communications (e.g., shipping papers, marking, labeling, and
placarding) and training requirements. Part 173 details requirements for
shippers for packagings. Parts 174 - 177 and 179 outline the regulations
of specific modes of transportation. Parts 178 and 180 address
requirements for packagings. 

Within DOT’s Hazardous Materials Regulations, the definition of
hazardous materials includes those materials designated by the Secretary
of the Department of Transportation as posing an unreasonable threat to
the public and the environment. The term "hazardous materials" includes
all of the following: 1) hazardous substances, 2) hazardous wastes, 3)
marine pollutants, 4) elevated temperature material, 5) materials
identified in 49 CFR 172.101, and 6) materials that meet the defining
criteria for hazard classes and divisions in contained in 49 CFR 173.
Hazardous materials regulated by DOT are grouped into the following nine
classes:

 

Class 1 - Explosives

Class 2 - Gases

Class 3 - Flammable liquids

Class 4 - Flammable solids and spontaneously combustible materials

Class 5 - Oxidizing substances and organic peroxides

Class 6 - Poisonous (toxic) and infectious substances

Class 7 - Radioactive material

Class 8 - Corrosive materials

Class 9 - Miscellaneous dangerous goods (includes environmentally
hazardous substances, elevated temperature material, hazardous wastes,
and marine pollutants).

The Table of Hazardous Materials and Special Provisions (often referred
to as Table 172.101) designates the materials listed as hazardous
materials for the purpose of transportation of those materials. For each
listed material, Table 172.101 identifies the hazard class or specifies
that the material is forbidden in transportation. The purpose of the
table is to assign proper shipping names, class and division, and
guidance for packaging and handling requirements for hazardous
materials. Information that is available from Table 172.101 consists of
symbols that determine applicability, proper shipping name and shipping
description, hazard class or division, identification number, packing
group, label(s) required, special provisions, packaging authorizations,
quantity limitations aboard aircraft, and vessel stowage requirements. 

DOT regulates the transport of hazardous materials, while both DOT and
EPA regulate the transport of hazardous wastes. Hazardous wastes are
defined in this rule under the same definition found in RCRA. DOT
regulations apply to transportation of hazardous materials in commerce
and their offering to interstate, intrastate, and foreign carriers by
motor vehicle, as well as transport by rail car, aircraft, or vessel. 
An “offeror” (frequently referred to as “shipper”) typically
ships hazardous materials by commercial carrier, but can also be
considered a carrier if they transport hazardous materials in commerce
on their own vehicles. Carrier and offeror (shipper) responsibilities
frequently overlap. When a carrier performs a shipper function, the
carrier is responsible for performing that function in accordance with
DOT’s Hazardous Materials Regulations.

Under the DOT regulations, a hazmat employer is a person who uses one or
more of its employees in connection with transporting hazardous
materials in commerce; causing hazardous materials to be transported or
shipped in commerce; or representing, marking, certifying, selling,
offering, manufacturing, reconditioning, testing, repairing or modifying
containers, drums, or packaging in the transportation of hazardous
materials. This term includes an owner-operator of a motor vehicle that
transports hazardous materials in commerce. 

A hazmat employee is a person who is employed by a hazmat employer and
who in the course of employment directly affects hazardous materials
transportation safety. This term includes an owner-operator of a motor
vehicle that transports a hazardous material in commerce. This term
includes an individual, including a self-employed individual, employed
by a hazmat employer who, in the course of employment: 1) loads,
unloads, or handles hazardous materials; 2) manufactures, tests,
reconditions, or repairs, modifies, marks, or otherwise represents
containers, drums, or packages as qualified for use in the
transportation of hazardous materials; 3) prepares hazardous materials
for transportation; 4) is responsible for safety of transporting
hazardous materials; or 5) operates a vehicle used to transport
hazardous materials. 

Shipping papers are defined as any shipping document whose purpose is to
communicate a hazard, and conforms to the requirements contained in
these regulations (49 CFR 172 Subpart C). Placarding is the act of
displaying a durable label capable of withstanding open weather
conditions, which is intended to identify the contents or cargo.

Exhibit 2.1 - List of Selected Regulatory Conditions Applicable to
Generators, Reclaimers, or Transporters of HSM for DOT Hazardous
Materials Regulations

Requirements/Conditions	Generators	Reclaimers	Transporters

49 CFR 173

General shipper responsibilities

Identification of a hazardous material is the first step, and frequently
the most difficult. Of all the shippers' (offerors') responsibilities,
the requirement to properly classify a hazardous material is very
important, because other requirements are based on the proper
identification of the hazardous materials. A list of all hazardous
material regulated by the DOT is located in 49 CFR 172.101.	Yes	No,
unless performing an “offeror” function	No, unless performing an
“offeror” function

49 CFR Part 172 Subpart C

Shipping Papers

The shipping document for hazardous materials must be prepared by the
shipper and contain the proper shipping name, the hazard class or
division of the material(s), ID number, and where appropriate, the
packing group. No shipper may transport a hazardous material unless it
is accompanied by a shipping paper. The shipping papers must be
certified and retained. 

Carriers must check to ensure that the material offered by the shipper
is properly described.	Yes	No, unless performing an “offeror”
function	Yes

49 CFR Part 172 Subpart D

Markings

The basic marking requirement consists of the proper shipping name and
ID number of the hazardous materials contained in a package. Makings
should be durable and not be obscured. Additional marking requirements
apply depending on the material. Shippers may not offer and carriers may
not transport unless the hazardous material markings apply to the
material contained in the package.	Yes	No, unless performing an
“offeror” function	Yes

49 CFR Part 172 Subpart E

Labeling

Anyone who offers for transportation or transports a hazardous material
must ensure that the package is properly labeled with the appropriate
hazard class or division number.	Yes	No, unless performing an
“offeror” function	Yes

49 CFR Part 172 Subpart F

Placarding

Anyone who offers for transportation or transports a hazardous material
must comply with applicable placarding requirements. Each bulk
packaging, freight container, unit load device, transport vehicle, or
rail car containing any quantity of a hazardous material must be
placarded on each side and each end with the applicable placarding
requirements (specified in 49 CFR 172.504).	Yes	No, unless performing an
“offeror” function	Yes

49 CFR 171, 173, 178, 180

Packaging

Shippers must classify and describe the hazardous material in accordance
with Parts 172 and 173. Shippers must ensure that the packaging for a
hazardous material is in accordance with the requirements specific to
the size/shape and characteristics of the material. 

Packagings must be manufactured, fabricated, marked, maintained,
reconditioned, repaired, inspected, and tested in accordance with the
regulations.

Carriers must check to ensure that the material offered by the shipper
is properly packaged.	Yes	No, unless performing an “offeror”
function	Yes

49 CFR 171 Subpart B

Incident Reporting

Shippers or carriers of hazardous materials must immediately notify
authorities of an incident that occurs during the course of
transportation (including loading, unloading, and temporary storage) at
the earliest practicable moment. Shippers or carriers must also file
detailed incident report forms with DOT within 30 days of the incident.
Yes	No, unless performing an “offeror” function	Yes

49 CFR Part 172 Subpart G

Emergency Response Information

An emergency response number must be monitored at all times during
transportation and at facilities where hazardous materials are loaded
for transportation, stored incidental to transportation, or otherwise
handled during any phase of transportation. Emergency response
information must appear on the shipping paper, describing the hazards of
the material and procedures to be used in mitigation of an incident. 
Yes	No, unless performing an “offeror” function	Yes

49 CFR Part 172 Subpart I 

Security Plans

Each hazmat employer must establish and implement a security plan, and
train their hazmat employees on the security plan.	Yes	Yes	Yes

49 CFR Part 172 Subpart H

Hazardous Materials Training

Hazmat employers must have trained hazmat employees. Training must be
refreshed periodically and training records retained by the employer.

Non-driver training must include three topics:

General awareness/familiarity

Function-specific training

Safety and emergency response

Drivers must also be trained on:

Vehicle inspections and operations

Compatibility and segregation of mixed loads

Securing of materials for transport	Yes	Yes	Yes

Hazardous Materials Safe Transport Regulations (the following are
examples of regulations for shipping hazardous materials on highways)

All shipments of hazardous materials on the highway must be transported
without unnecessary delay, from and including the time of commencement
of the loading of the hazardous material until its final unloading at
the destination.

Hazardous materials must be properly loaded and unloaded, and secured to
prevent damage during transportation. 

Shippers and carriers must comply with compatibility requirements for
hazardous materials contained in transport. 	Yes	No, unless performing
an “offeror” function	Yes

Examples of regulations that address hazardous waste, but not HSM:

Transporter Identification

A transporter must have an ID number assigned by EPA to transport
hazardous waste. Specific states require a state identification number
as well.	No	No	No-for HSM; Yes-for hazardous waste

Applicability of Hazardous Waste Generator Standards for Mixing of
Wastes

A transporter must comply with hazardous waste generator standards when
mixing hazardous waste with different DOT descriptions in a single
container. 

The transporter must comply with pre-transport requirements, additional
manifesting requirements, regulations concerning the on-site
accumulation of waste, and recordkeeping and reporting requirements.
Applies to transporter in these circumstances	No	No-for HSM; Yes-for
hazardous waste

Permit Required for Storing Waste More than 10 Days

A transporter that stores manifested shipments of hazardous waste at a
transfer facility greater than 10 days is subject to storage regulations
under 40 CFR Parts 264, 

265, 268 and 270. 	No	No	No-for HSM; Yes-for hazardous waste



2.2 DOT Transportation of Hazardous Materials; Driving and Parking Rules

Overview of statutory authority 

The Transportation of Hazardous Materials, Driving and Parking Rules
were issued under the Hazardous Materials Transportation Act of 1975.
The purpose of these rules is to standardize the way motor vehicles
containing hazardous materials are driven and parked. 

Code of Federal Regulations citation

The Federal Motor Carrier Safety Administration (FMCSA) Transportation
of Hazardous Materials, Driving and Parking Rules are codified at 49 CFR
397. This part of FMCSA’s rules covers the general regulations
concerning hazardous materials, as well as the specific routing of
non-radioactive hazardous materials and the routing of Class 7
radioactive materials. A motor carrier or other person to which the
Driving and Parking Rules apply must comply with the FMCSA regulations
49 CFR Parts 390-397 inclusive when transporting hazardous materials
requiring placarding or marking in accordance with 49 CFR 172.

Scope of regulation

The regulations in 49 CFR 397 apply to each motor carrier engaged in the
transportation of hazardous materials by a motor vehicle that must be
marked or placarded under 49 CFR 172 (see section 2.1 above). These
rules apply to each officer or employee who performs supervisory duties
related to the transportation of hazardous materials and each person who
operates the vehicle containing the hazardous materials. 

For this rule, a motor carrier is defined as a for-hire motor carrier or
a private carrier of property, including a motor carrier’s agents,
officers and representatives as well as employees responsible for
supervising drivers. A routing designation refers to the regulation,
limitation, restriction, curfew, times of travel restriction, lane
restriction, routing ban, port-of-entry designation, or route weight
restriction of a motor vehicle.

Every motor vehicle containing hazardous materials must be driven and
parked in compliance with the laws, ordinances, and regulations of the
jurisdiction in which it is being operated, unless they are in conflict
with specific regulations of the DOT, which pose a more stringent
restraint. 

Exhibit 2.2 - List of Selected Regulatory Conditions Applicable to
Generators, Reclaimers, or Transporters of HSM for DOT Transportation of
Hazardous Materials; 

Driving and Parking Rules

Requirements/Conditions	Generators	Reclaimers	Transporters

Attendance and Surveillance of Motor Vehicles (under Subpart A)

A motor vehicle that contains hazardous materials other than explosive
materials and which is located on a public street or highway must be
attended by its driver, unless the driver is performing duties that are
incident and necessary as operator of the vehicle. (49 CFR 397.5)

A motor vehicle that contains explosive materials must be attended at
all times by its driver or a qualified representative of the motor
carrier, unless on the property of the carrier or shipper. (49 CFR
397.5)

A motor vehicle that contains hazardous materials other than explosive
materials must not be parked near the traveled portion of a public
street or highway. (49 CFR 397.7)

A motor carrier or a qualified representative must ensure that a vehicle
containing explosive materials is parked a safe distance from the public
and away from bridges and tunnels. (49 CFR 397.7)

A motor carrier that transports explosive materials must also ensure the
driver has in his/her possession documents containing instructions on
emergency procedures in the event of an accident or delay. (49 CFR
397.19)	No	No	Yes

Routing of Non-Radioactive Hazardous Materials (Subpart C) 

For Non-Radioactive Hazardous Materials (NRHM), motor carriers must
comply with State and Indian Tribe NRHM routing. Placarded and marked
vehicles that are not subject to NRHM routing from either a State or
Indian Tribe must avoid heavily populated areas, tunnels, etc.
Deviations are allowed where no practical alternative exists or to reach
terminals, rest and fueling stops, etc. Deviations for operating
convenience are not allowed.	No	No	Yes



3. US Environmental Protection Agency

3.1 Notification Requirements under CERCLA and Title III of the
Superfund Amendments and Reauthorization Act of 1986

Overview of statutory authority

Notification requirements for releases of a reportable quantity of a
hazardous substance are authorized under the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 (CERCLA) and Title III
of the Superfund Amendments and Reauthorization Act of 1986 (SARA).

Code of Federal Regulations citation

Notification requirements are codified at 40 CFR 302.6.  Part 302 is
titled, “Designation, Reportable Quantities, and Notification.”

Scope of regulation

Any onshore or offshore facility or vessel that may release a hazardous
substance above the reportable quantity (RQ) listed in 40 CFR 302.4 is
subject to CERCLA notification requirements. Releases of CERCLA
hazardous substances in quantities equal to or greater than their RQ in
any 24-hour period are subject to reporting to the National Response
Center. Such releases are also subject to state and local reporting
under Section 304 of the Emergency Planning and Community Right-to-Know
Act (EPCRA), also known as Title III of SARA.

Under 40 CFR 302.3, facility is defined as (1) any building, structure,
installation, equipment, pipe or pipeline, well, pit, pond, lagoon,
impoundment, ditch, landfill, storage container, motor vehicle, rolling
stock, or aircraft, or (2) site or area where a hazardous substance has
been deposited, stored, disposed of, or placed, but does not include any
consumer product in consumer use.

Exhibit 3.1 – List of Regulatory Conditions Applicable to Generators,
Reclaimers, or Transporters of HSM for Notification Requirements under
CERCLA and Title III of SARA

Requirements/Conditions	Generators	Reclaimers	Transporters

40 CFR 302.6

CERCLA Notification Requirements

Immediately report any release of a hazardous substance equal to or
exceeding the RQ listed in 40 CFR 302.4 to the National Response Center.
Releases of mixtures or solutions of hazardous substances must be
reported depending on the RQ of hazardous constituents.	Yes	Yes	Yes



3.2 Emergency Planning and Community Right-to-Know Act (EPCRA)/Superfund
Amendments and Reauthorization Act of 1986 (SARA)

3.2.1 Emergency Planning and Notification

Overview of statutory authority

Emergency planning and notification requirements for “extremely
hazardous substances” (EHSs) are authorized under the Comprehensive
Environmental Response, Compensation and Liability Act of 1980 (CERCLA)
and EPCRA (also known as Title III of SARA). Sections 302 and 303 of
EPCRA authorize requirements for cooperation with state and local
emergency planning officials in preparing comprehensive emergency plans
and Section 304 of EPCRA authorizes reporting requirements to state and
local officials for accidental releases of EHSs.

Code of Federal Regulations citation

Emergency planning and notification requirements for EHSs are codified
at 40 CFR 355. Part 355 is titled, “Emergency Planning and
Notification.”

Scope of regulation

EHSs are listed in appendices A and B of 40 CFR 355. Emergency planning
requirements (40 CFR 355.30) apply to facilities that receive or produce
a quantity of an EHS at or above the EHS’s threshold planning quantity
(TPQ) listed in Part 355.  Emergency release notifications (40 CFR
355.40) apply to facilities that produce, use, or store hazardous
chemicals and where there is a release of a reportable quantity (RQ) of
an EHS in excess of the RQ as listed in Part 355. 

Releases of reportable quantities of EHSs are also subject to state and
local reporting under Section 304 of EPCRA. EPA promulgated a rule (61
FR 20473, May 7, 1996) that adjusted RQs for EHSs without CERCLA RQs to
levels equal to their TPQs.

Under 40 CFR 355.20, a facility is defined as all buildings, equipment,
structure, and other stationary items that are located on a single site
or on contiguous or adjacent sites and which are owned or operated by
the same person. For purposes of emergency release notification,
facility includes motor vehicles, rolling stock, and aircraft.

Exhibit 3.2.1 – List of Regulatory Conditions Applicable to
Generators, Reclaimers, or Transporters of HSM for Emergency Planning
and Notification (40 CFR 355)

Requirements/Conditions	Generators	Reclaimers	Transporters

40 CFR 355.30

Emergency planning 

Facilities with an amount of an EHS at or above its TPQ must inform the
State Emergency Response Commission within sixty days of becoming
subject to the requirements of Part 355. The facility owner or operator
must designate a facility emergency coordinator to participate in the
local emergency planning process. The facility owner or operator must
also inform the local emergency planning committee of any changes
occurring at the facility that may be relevant to emergency planning.
Yes	Yes	No

40 CFR 355.40

Emergency release notification

Owners or operators of a facility that releases a reportable quantity of
an EHS as listed in Part 355 or of a CERCLA hazardous substance must
immediately notify the community emergency coordinator for the local
emergency planning committee of any area likely to be affected by the
release as well as the State Emergency Response Commission of any state
likely to be affected by the release.	Yes	Yes	Yes



3.2.2 Hazardous Chemical Reporting: Community Right-to-Know

Overview of statutory authority

Community Right-to-Know reporting based on material safety data sheet
(MSDS) reporting to state and local officials and hazardous chemical
inventory reporting to state and local officials for chemicals on
facility premises for which MSDS exist, is authorized under EPCRA
Section 311 and 312, respectively. EPCRA is also known as Title III of
the Superfund Amendments and Reauthorization Act of 1986. These
reporting requirements provide the public with important information on
the hazardous chemicals in their communities for the purpose of
enhancing community awareness of chemical hazards and facilitating
development of state and local emergency response plans.

Code of Federal Regulations citation

Community Right-to-Know requirements are codified at 40 CFR 370. Part
370 is titled, “Hazardous Chemical Reporting: Community
Right-to-Know.”

Scope of regulation

Facilities that are required to prepare or have an MSDS available for a
hazardous chemical under OSHA’s Hazard Communication Standard (29 CFR
1910.1200(g)) are subject to Part 370. Hazardous chemicals for which
MSDSs must be developed under the Hazard Communication Standard (see
section 1.1 above) are identified by broad criteria rather than by
listing. 

Applicable minimum threshold levels for “Community Right-to-Know”
MSDS reporting and inventory form reporting are identified in 40 CFR
370.20, and the methods for determining such thresholds for mixtures of
hazardous chemicals are outlined in 40 CFR 370.28.

Under 40 CFR 370.2, a facility is defined as all buildings, equipment,
structures, and other stationary items that are located on a single site
or on contiguous or adjacent sites and which are owned or operated by
the same person. For purposes of emergency release notification,
facility includes motor vehicles, rolling stock, and aircraft.

Exhibit 3.2.2 – List of Regulatory Conditions Applicable to
Generators, Reclaimers, or Transporters of HSM for Hazardous Chemical
Reporting (40 CFR 370)

Requirements/Conditions	Generators	Reclaimers	Transporters

40 CFR 370.21

MSDS reporting

Facility owners or operators must provide an MSDS for each hazardous
chemical or mixture of hazardous chemicals they have at the facility in
an amount at or above the applicable minimum threshold level to the
State Emergency Response Commission, local emergency planning
committees, and local fire department with jurisdiction over the
facility.	Yes, if MSDS required	Yes, if MSDS required	Yes, if MSDS
required

40 CFR 370.25 

Inventory reporting

Facility owners or operators must annually submit an Emergency and
Hazardous Chemical Inventory Form of hazardous chemicals and mixtures to
the State Emergency Response Commission, local emergency planning
committees, and local fire department with jurisdiction over the
facility, and allow on-site inspection by the fire department.	Yes, if
MSDS required	Yes, if MSDS required	Yes, if MSDS required



3.2.3 Toxic Chemical Release Reporting:  Community Right-to Know

Overview of statutory authority

Reporting to the Toxics Release Inventory (TRI) is required under
Section 313 of the Emergency Planning and Community Right-to-Know Act
(EPCRA). EPCRA is also known as Title III of the Superfund Amendments
and Reauthorization Act of 1986. The information collected through TRI
is intended to inform the general public and the communities surrounding
covered facilities about releases of toxic chemicals.

Code of Federal Regulations citation

EPCRA Section 313 is codified at 40 CFR 372.  Part 372 is titled
“Toxic Chemical Release Reporting: Community Right-To-Know.”  The
final Toxic Chemical Release Reporting rule was published in the Federal
Register on February 16, 1988.

Scope of regulation

Section 313 defines a facility as all buildings, equipment, structures,
and other stationary items, which are located on a single site or on
contiguous or adjacent sites and which are owned and operated by the
same person. A facility is generally subject to reporting under EPCRA
Section 313 if it meets all three of the following criteria:

Its primary SIC code is listed in 40 CFR 372.23;

It employs 10 or more full time employees or equivalent; and

It manufactures, imports, processes, or otherwise uses any of the EPCRA
Section 313 chemicals in excess of the thresholds listed in 40 CFR
372.25, 372.27 or 372.28.

Reporting under EPCRA Section 313 is triggered by the quantity of a
chemical that is manufactured, processed, or otherwise used in a
calendar year. For most TRI chemicals, the thresholds are 25,000 pounds
manufactured or processed or 10,000 pounds otherwise used at a facility.
EPA has established lower reporting thresholds for certain chemicals and
chemical categories that meet the criteria for persistence and
bioaccumulation (i.e., persistent, bioaccumulative, and toxic, or PBT
chemicals). 

TRI reports on releases to the environment (either routinely or as a
result of accidents), transfers, and waste management data for chemicals
listed under EPCRA Section 313 must be submitted by July 1 each year.
For each listed Section 313 chemical, facilities must report the amount
released to air, water, land, underground injection, and transferred
off-site for disposal. Facilities must also report the amounts of those
Section 313 chemicals otherwise managed as waste, including separate
estimates for on-site treatment, on-site combustion for energy recovery,
on-site recycling, and transfers off-site for treatment, combustion for
energy recovery, or recycling.

Since 1988, TRI has focused on waste management activities of the
manufacturing sector or facilities classified as being primarily in SIC
codes 20-39. In 1998, EPA added the following industry sectors:

Metal mining (SIC code 10, except for SIC codes 1011,1081, and 1094); 

Coal mining (SIC code 12, except for 1241 and extraction activities); 

Electrical utilities that combust coal and/or oil (SIC codes 4911, 4931,
and 4939); 

RCRA Subtitle C hazardous waste treatment and disposal facilities (SIC
code 4953); 

Chemicals and allied products wholesale distributors (SIC code 5169); 

Petroleum bulk plants and terminals (SIC code 5171); and 

Solvent recovery services (SIC code 7389).

The Final TRI Burden Reduction Rule (December 22, 2006) determines
whether facilities need to report with Form R or can use Form A. It
expands eligibility for TRI reporters to use Form A (a simpler form with
less detailed information) in lieu of the more detailed Form R.
Reporting facilities are allowed to use Form A for non-PBT chemicals, as
long as releases or other disposal is not greater than 2,000 pounds as
part of the total waste management limit for the chemical, which is not
more than 5,000 pounds. Form A may be used for certain chemicals of
greater concern (i.e., PBT chemicals) when there are no releases or
other disposal and no more than 500 pounds of other waste management
(e.g., recycling or treatment). 

For purposes of Section 313, a release is defined as any spilling,
leaking, pumping, emitting, emptying, discharging, injecting, escaping,
leaching, dumping, or disposing into the environment (including the
abandonment or discarding of barrels, containers, and other closed
receptacles) of any EPCRA Section 313 chemical. 

Exhibit 3.2.3 – List of Regulatory Conditions Applicable to
Generators, Reclaimers, or Transporters of HSM for Toxic Chemical
Release Reporting (40 CFR 372)

Requirements/Conditions	Generators	Reclaimers	Transporters

40 CFR 372

Toxic Chemical Release Reporting

The owner or operator of a facility covered under Section 313 must
report annually, with reports submitted on or before July 1 and covering
activities that occurred at the facility during the previous calendar
year. 

The owner/operator is not required to measure or monitor “releases”
for purposes of Section 313 reporting, but can use readily available
data to report the quantities of chemicals used and make reasonable
estimates of the amounts released to the environment.	Yes, if releases
occur at a covered facility	Yes, if releases occur at a covered facility
No



3.3 Pollution Prevention Act of 1990, Section 6607 

Overview of statutory authority

The Pollution Prevention Act (PPA) of 1990 establishes prevention as the
preferred industrial management practice, followed by recycling,
treatment, and disposal in the most environmentally safe manner. Section
6607 lists the reporting requirements for facilities under PPA. 

Code of Federal Regulations citation

The requirements for reporting under EPCRA Section 313 (see section
3.2.3 above), which in turn determine who must report a toxic reduction
and recycling report under Section 6607 of PPA, are codified at 40 CFR
372. 

Scope of regulation

A facility is generally subject to reporting under Section 6607 of PPA
if they report releases under EPCRA Section 313 (see section 3.2.3
above).

Exhibit 3.3 – List of Regulatory Conditions Applicable to Generators,
Reclaimers, or Transporters of HSM for Section 6607 of Pollution
Prevention Act

Requirements/Conditions	Generators	Reclaimers	Transporters

Section 6607, Pollution Prevention Act

Provide information on pollution prevention and recycling activities
related to any toxic chemicals with releases reported under EPCRA
Section 313. 	Yes	Yes	No



3.4 Safe Drinking Water Act, Underground Injection Control Program,
Prohibition to Endanger

Overview of statutory authority 

The Safe Drinking Water Act (SDWA) designates EPA as the authority to
set minimum standards for the quality of the nation’s drinking water
and oversee the efforts of states in implementing these standards. Under
the SDWA, the underground injection of fluids into wells must be
regulated according to the type of material injected. The SDWA
authorizes states to apply to the EPA for primary enforcement authority
to manage their own underground injection control (UIC) programs. States
that receive this authority are referred to as “Primacy States” and
those that do not are required to implement a UIC program designed by
EPA and are called “Direct Implementation States.” 

Code of Federal Regulations citation

The UIC Program regulations are at 40 CFR 144. Underground sources of
drinking water are protected under 40 CFR 144.12, whereby any
underground injection, except into wells authorized by rule or
authorized by permit issued under the UIC Program, is prohibited.
Specifically, 40 CFR 144.12, the prohibition of movement of fluid into
underground sources of drinking water, states: 

No owner or operator shall construct, operate, maintain, convert, plug,
abandon, or conduct any other injection activity in a manner that allows
the movement of fluid containing any contaminant into underground
sources of drinking water, if the presence of that contaminant may cause
a violation of any primary drinking water regulation under 40 CFR 142 or
may otherwise adversely affect the health of persons. 

Scope of regulation

The UIC Program regulations apply to five classifications of injection
wells. Class IV wells (those used to inject hazardous or radioactive
waste into or above underground sources of drinking water) are banned.
Class V wells are any injection well that is not included in Classes I
to IV, and are typically shallow disposal systems that are used to place
a variety of fluids below the land surface, into or above underground
sources of drinking water. Class V wells include, for example, storm
water drainage wells and industrial waste disposal wells. Class V wells
are a broad category that could potentially become contaminated by
discharges if generators or reclaimers of HSM are Class V well owners or
operators.

Under 40 CFR 144.12, for Class V wells that may cause a violation of
primary drinking water regulations under 40 CFR 142, or may otherwise
adversely affect human health, the following regulatory and enforcement
actions may be taken:

Require the injector to obtain an individual permit (if deemed
necessary, the permit requirement for Class V wells is at 40 CFR
144.25);

Order the injector to take such actions (including, where required,
closure of the injection well) as may be necessary to prevent the
violation; or

Take enforcement action.

Because these conditions only apply to violations, no Exhibit is
provided for this section. For Class V wells that do not endanger
underground sources of drinking water, well owners or operators for
certain types of wells must submit inventory information to the state or
EPA for review (see 40 CFR 144.26).

3.5 Proposed amendments to Spill Prevention, Control, and Countermeasure
(SPCC) Rule (72 FR 58378)

On October 15, 2007, EPA proposed amendments to the SPCC Rule that will
increase clarity and tailor certain requirements for easier and
increased compliance. SPCC is designed to prevent the non-routine
accidental discharge of oil that might be held in an oil container at a
facility. All SPCC regulated facilities are still required to comply
with existing SPCC regulations while EPA considers these proposed
amendments to address a number of issues raised by the regulated
community. Some of the proposed amendments would streamline selected
SPCC requirements for oil production facilities.

Potentially relevant to HSM, EPA describes approaches to address
“produced water” storage containers (which contain an oil and water
mixture) at oil production facilities. The regulated community has
expressed concern regarding the regulation of produced water containers
under the SPCC rule, suggesting that the cost of complying with SPCC
requirements is disproportionate to the risks these containers pose to
the environment. In 72 FR 58413-58418, EPA is seeking comment on three
alternative approaches: 

Under the first approach, EPA would allow an owner/operator of a
production facility to comply with SPCC’s general secondary
containment requirements along with additional measures (inspection,
integrity testing, and maintenance) for existing produced water
containers as an option in lieu of the current regulatory requirement
for sized secondary containment for these containers; 

Under a second approach advanced by the U.S. Department of Energy (DOE),
EPA would require inspection, maintenance, and periodic oil skimming of
produced water storage containers in lieu of both sized and general
secondary containment; and

Under a third approach also advanced by DOE, EPA would exempt produced
water containers from SPCC regulation if used exclusively as a produced
water treatment facility, however, discharges would still be prohibited.
Produced water treatment could be associated with production, recovery,
or recycling of oil and gas. The opportunity for enhanced oil recovery
is one of the beneficial uses from produced water that industry believes
could result from an exemption.

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