Title: VI Department of Planning and Natural Resources Workshop
1Applicability of EPA Standards to Transporters of
Hazardous Waste Materials
- Eduardo R. González, PE, DEE, MBA, REM, CEA
- Caribbean Environmental Protection Division
2Regulated EPA Facility
3Background
- Environmental Protection Agency (EPA)
- Enacted to ensure safe management of hazardous
waste transporters which play an integral role in
the cradle-to-grave hazardous waste management
regulations. - Section 3003 of the Resource Conservation and
Recovery Act (RCRA) required EPA to promulgate
standards for hazardous waste transporters that
would be protective of human health and the
environment. - EPA adopted certain Department of Transportation
(DOT) regulations pertaining to the transport of
hazardous waste (49 CFR Parts 100-185). - RCRA transporter regulations are found in 40 CFR
Part 263. - These regulations establish management standards
for the off-site transportation of hazardous
wastes by highway, rail, air, or water. - Department of Transportation (DOT)
- Primary purpose is to protect the public and
transportation equipment measures to protect the
public also protect employees. - Covers transportation by aircraft, rail, vessels,
and motor vehicles. - The Department of Transportation (DOT) was
created to administer and enforce transportation
regulations.
4Background
- Occupational Safety Health Administration
- Enacted to ensure safe and healthful working
conditions for every working man and woman. - Covers every employer engaged in business
affecting interstate commerce who has one or more
employees. - OSHA was created to promulgate and enforce safety
and health standards. - The Federal Highway Administration (FHA)
- Enforces DOT regulations applicable to motor
carriers, shippers by highway, and manufacturers
of cargo tanks through the Office of Motor
Carrier Field Operations. Also enforces the
Hazardous Materials Regulations (49 CFR 171-180). - Administers Federal motor carrier safety laws (49
CFR 390-397). - The Federal Railroad Administration (FRA)
- Enforces DOT regulations applicable to rail
carriers, shippers by rail, and manufacturers of
tank cars. Also enforces the Hazardous Materials
Regulations (49 CFR 171-180). - Administers Federal railroad safety laws (49 CFR
Parts 200-299). - Issues orders to address hazards caused by the
transportation of hazardous materials.
5Laws Affecting The Production And Use Of A Product
6Energy Usage In US
Changes in US Energy Consumption
Cunningham and Saigo, 1995
US Department of Energy, 1995
7Energy Flow In The U.S., 1995
(US Department of Energy, 1996)
8World Proven Oil Reserves, 1991
(World Resources Institute, 1991)
9Puerto Rico 2006
- Reported Disposal or Other Releases and Other
Waste Management Activities (in pounds) Toxic
Release Inventory - Total On-site Disposal to Class
- Underground Injection
- Wells, RCRA Subtitle C
- Landfills, and other
- Landfills
- Class I Wells
0 - RCRA Subtitle C Landfills 300
- Other Landfills
30,415 - SubTotal
30,715 - Other On-site Disposal or
- Other Releases
- Fugitive Air Emissions 691,018
- Point Source Air Emissions 5,694,393
- Surface Water Discharges 16,153
- Class II-V Wells
0 - Land Treatment
0 - RCRA Subtitle C Surface
- Impoundment
0
10Hazardous Materials Transportation Act
- Principal statute governing the
transportation of hazardous materials. Regulates
packaging and labeling, requires transportation
manifests, establishes driver and vehicle
standards, and imposes emergency response and
reporting requirements. 1990 amendments (HMTA)
establish hazardous materials employee training
requirements, registration and permitting of
certain transporters, and financial
responsibility requirements
11EPA DOT Requirements
Waste Classification
Any material that meets the
49 CFR 171.8
definition of one or more DOT
49 CFR 173
hazard classes
Names published by DOT. Order of
Proper Shipping
priority is chemical name, chemical
group, end use, generic end use,
Name
and hazard class
49 CFR 172.101
49 CFR 173 Column 8 of Table
172.101 provides packaging
Selection of Packaging
requirements for specific types of
49 CFR 173, 178 and 179
materials Column 7 includes special
packaging requirements
Marking and Labeling
Labels provide an immediate indication
49 CFR 172.300 and
of hazards and precautions markings
49 CFR 172.400
include detailed information
Shipping papers may be in the form of a
Shipping Papers
bill of lading, shipping order, or
hazardous waste manifest provided
49 CFR 172.200
requirements of 40 CFR are met
Placards indicate the hazards of the
material in the vehicle with few
Placarding
exceptions, vehicles requiring placards
49 CFR 172.500
must affix two on each side, one on
front and one on back
Emergency response information must
Emergency
be provided and maintained during any
Preparedness
phase of transportation including loading
49 CFR 172.600
and storage
12Transportation of Hazardous Waste
- DOTs Hazardous Materials Regulations (49 CFR
171-180) - Contain training requirements for all hazardous
materials employees regarding the safe loading,
unloading, handling, storing, and transporting of
hazardous materials, and also regarding emergency
preparedness. - Do not require the hazmat employee to engage in
actual emergency response activities. - Contain information requirements for hazardous
materials emergency response. - DOTs Hazardous Materials Emergency Response
Requirements - Keep emergency response information accessible at
all times, - Provide an emergency response telephone number,
- Require the operator to contact the carrier in
the event of a hazardous materials incident, and - Report the incident to the proper authorities in
accordance with 49 CFR 171.15 and 171.16.
13Transportation of Hazardous Waste (cont.)
- Definitions from DOT s Hazardous Materials
Regulations - HAZMAT employer is a person who uses its
employees in connection with - transportation in commerce
- causing hazmat to be transported or shipped in
commerce or - representing, marking, certifying, selling,
offering, reconditioning, testing, repairing, or
modifying packaging's as qualified for use in the
transportation of hazmat. - HAZMAT employee is a person who is employed by a
hazmat employer and directly affects hazmat
transportation safety who - loads, unloads, or handles hazmat
- tests, reconditions, repairs, modifies, marks, or
otherwise represents packagings as qualified for
use in the transport of hazmat - prepares hazmat for transportation or
- operates a vehicle used to transport hazmat.
14Applicability of HAZWOPER to Hazardous Waste
Transportation
- Each carrier who transports hazardous materials
will be required to comply with OSHAs HAZWOPER
standard, 29 CFR 1910.120, if any of the
following conditions are met - Employees are required to drive onto uncontrolled
hazardous waste sites . - Employees are required to enter EPA regulated
treatment, storage, and disposal facilities. - Employees are required to respond to hazardous
waste emergencies. - Employees are required to handle, inspect, stop
or clean up leaks, etc , - in or on a loaded transporter.
15Applicability of HAZWOPER to Hazardous Waste
Transportation (cont.)
- If employees are required to drive onto
uncontrolled hazardous waste sites - Employees must receive the minimum training
required by 29 CFR 1910.120(e). - 24 hours off-site instruction and one day actual
field experience under the direct supervision of
a trained, experienced supervisor. - 8 hours of annual refresher training.
- Employees who enter contaminated areas may need
to comply with the - Site-specific safety and health plan required by
29 CFR 1910.120(b)(4). - Decontamination procedures established for the
site required by 29 CFR 1910.120(k).
16Applicability of HAZWOPER to Hazardous Waste
Transportation (cont.)
- If employees are required to enter EPA regulated
treatment, storage, and disposal facilities - Employees must receive the minimum training
required by 29 CFR 1910.120(p)(7). - 24 hours of initial training.
- 8 hours of annual refresher training.
- Employees who enter contaminated areas may need
to comply with the - Safety and health program required by 29 CFR
1910.120(p)(1). - Decontamination program required by 29 CFR
1910.120(p)(4).
17Applicability of HAZWOPER to Hazardous Waste
Transportation (cont.)
- If employees are required to respond to hazardous
waste emergencies - Employees must receive
- The minimum training required according to their
emergency response duties required by 29 CFR
1910.120(q)(6). SARA Sect 303 or - Employers must
- Develop an emergency response program for
hazardous substance releases in accordance with
29 CFR 1910.120(q). - Develop an emergency response plan in accordance
with (29 CFR 1910.120(q)(1) and (q)(2).
18Hazardous Waste Handling Requirements
- DOT requires that the equipment used for handling
hazardous waste erials must be of a type that
does not create a hazard while loading and
unloading transportation vehicles and rail cars. - OSHA has jurisdiction over employee protection
issues during the use of material handling
equipment, such as powered industrial trucks,
overhead and gantry cranes, slings, etc.
19Personal Protective Equipment Requirements
- DOT
- DOT contains regulations for carrier loading and
unloading, cargo transfer hose connection and
disconnection, and coupling and uncoupling rail
cars. - However, the DOT regulations do not address
employee exposure to hazards such as inhalation,
absorption, ingestion, chemical splash, flying
particles, and falling objects. - OSHA
- PPE for eyes, face, head, extremities, protective
clothing, respiratory devices, and protective
shields and barriers must be provided and used
wherever it is necessary due to hazards of
processes or environment, chemical hazards,
radiological hazards, or mechanical irritants
encountered that could cause injury or
impairment.
20EPAs Hazardous Waste Regulations General
Overview
- Basic framework of the current hazardous waste
management program (1976) was developed under
RCRA - Hazardous and Solid Waste Amendments (HSWA) 1984
- Federal Facilities Compliance Act (1992)
- Land Disposal Program Flexibility Act (1996)
21EPA Regulatory Framework Resource Conservation
and Recovery Act (RCRA)
- Subtitle D establishes a system for managing
solid wastes in an environmentally sound manner. - Subtitle C provides for cradle to grave
management of hazardous wastes. - Subtitle I regulates underground storage tanks
22Waste Minimization
- Waste Minimization National Plan
- Waste Management Hierarchy
- Comprehensive Procurement Guidelines
23What is Solid Waste?
- Can solid waste be a liquid?
- Municipal Solid Waste (MSW)
- Non hazardous industrial wastes
- Hazardous wastes excluded from Subtitle C
regulations - Household hazardous waste
- CESQGs
24What is Hazardous Waste?
- Solid waste which, because of its quantity,
concentration or characteristics, may pose a
hazard to human health or the environment
25Hazardous Waste Identification
- Is the material a solid waste?
- Is it a listed hazardous waste?
- Is it a characteristic hazardous waste?
26Hazardous Waste IdentificationCommon Violations
- Generator knowledge or analysis of waste is
incomplete or inaccurate. - The Generator of the waste is responsible for
knowing what it is!
27Hazardous Waste IdentificationCommon Violations
- Wastes are not characterized.
- Wastes are characterized incorrectly.
- Unused materials are not characterized
28Listed Hazardous Waste
- Wastes from non-specific sources (F)
- Spent solvents
- carbon tetrachloride
- methyl ethyl ketone
- methylene chloride
- toluene
- 1,1,1-trichloroethane
29Listed Hazardous Waste
- Unused Commercial Chemical Products
- Acute Hazard (P)
- Therapeutic Agents
- Solvents/Preservatives
- Sanitizers/Cleaners
- Laboratory Reagents
30Listed Hazardous Waste
- Nonacute hazard (U)
- Solvents
- Cytotoxics and other drugs
- Floor wax
- Sterilants/disinfectants
31Characteristic Wastes
- Ignitability
- Corrosivity
- Reactivity
- Toxicity
32Those Special Categories
- Mixture Rule
- Mixed Waste
- Medical Waste
33Those Special Categories
34Those Special Categories
- Precious Metals
- Lead Acid batteries
- Used oil and oil filters
35Generator Responsibility
- Characterize all wastes as soon as they are
generated. - Characterize all unused materials as soon as you
know they are not going to be used.
36Generator Responsibilities
- Determine generator category
- EPA Identification Number
- Waste management standards
- Training
- Record-keeping and Reporting
- Pre-transport preparations
37Generator Responsibilities Generator Status
- Determine your generator status
- How much waste do you generate each calendar
month? - LQG gt 1000 kg/mo
- SQG 100-1000 kg/mo
- CESQG lt100 kg/mo
38Generator Responsibilities Generator Status
- Status can change by month
- Allowable accumulation quantities and periods vary
39Generator Responsibilities Waste Accumulation
- LQG
- no more than 90 days
- SQG
- no more than 180 days
40Common Violations Waste Accumulation
- Open, damaged or inappropriate containers
- Secondary containment
- Incompatibles
- Aisle space
- Signage
41Common Violations Waste Accumulation
- Unlabelled containers
- Hazardous waste
- Hazardous properties
- Accumulation start date
- No conflicting labels
42Common ViolationsSatellite Accumulation
- Waste quantity
- Where did this come from?
- Whos minding the store?
- Routine inspections?
43Generator ResponsibilitiesTraining
- Training Plan
- Training program
- Training Records
- Annual review
44Generator ResponsibilitiesContingency Plan
- Current, written plan
- Emergency procedures
- Emergency Equipment
- Designated coordinator
45Generator ResponsibilitiesPreparation for
Transport
- DOT rules for packaging, labeling, marking and
placarding - Manifests
46Who must use the Manifest
- Large or Small Quantity Generators (LQG, SQG)
- of RCRA hazardous waste who ship their wastes
- off-site for Treatment Storage or Disposal (TSD)
- must use the Manifest (EPA form 8700-22/22A)
- to track these shipments.
- Anyone who Generates over 100 kg of RCRA
- waste in any one month (1 kg acute) is an SQG or
- LQG
47Manifest Initiation, Movement, and Copy Retention
48Manifest Initiation, Movement, and Copy Retention
- The Generator initiates the manifest which
travels with the transporter to the broker or
final TSDF. The Generator, transporter, and TSDR
facility each keep a copy and the TSDR/broker
mails a return copy to the Generator. Everybody
keeps their copies for 3years. If a broker bulks
and re-ships the waste to a final TSDF site, the
broker creates a new Manifest which must follow
the same process.
49How do you complete the Manifest
- Complete items 1-20 on 8700-22 as required by EPA
- If needed for additional Wastes
- Complete items 21-35 on 8700-22A as required by
EPA
50Previous manifest to 9/5/2006
51The new manifest after 9/5/2006
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53RCRA Manifest System
54DOT Requirements for TransportingHazardous
Materials
- Hazardous Materials Regulations (HMR) govern
- transportation of hazardous materials (49 CFR
parts 100-185) - Definition of hazardous material
- HMR requires information to communicate
- hazards during transportation
- Hazardous Materials Table (HMT) at 49 CFR172.101
is critical to compliance
55Information in the HMT(49 CFR 172.101)
- Proper shipping name
- ID number
- Hazard class
- Packing group
- Labeling and markings
- Restrictions and limitations
56Proper Shipping Names Under DOT
- Hazardous materials are assigned proper shipping
names in the HMT - The proper shipping name must be used on
hazardous waste manifests or DOT shipping papers - Examples of proper shipping names for hazardous
wastes are - Waste flammable liquids, n.o.s.
- Waste flammable liquids, corrosive,n.o.s.
(ethanol, sodium hydroxide) - Waste methane
57Hazard Classes Under DOT
- Class 1 - explosives
- Class 2 - gases
- Class 3 - flammable liquids
- Class 4 - flammable solids
- Class 5 - oxidizing substances and organic
peroxides - Class 6 - toxic (poisonous) and infectious
substances - Class 7 - radioactive material
- Class 8 - corrosives
- Class 9 - miscellaneous dangerous goods
58Packing Groups Under DOT
- Packing groups
- Group I
- Group II
- Group III
- Criteria for packing groups
59Placards Under DOT
- Placard colors, symbols, labels, and numbers
- Flammables red
- Explosives orange
- Nonflammable gases green
- Corrosives black and white
- Poisons black and white
- Oxidizers yellow
- Exceptions to placarding requirements
60Label and Marking Requirements forHazardous
Waste Containers UnderDOT
- Label information required
- Markings required
6140 CFR 172.101 Table
62RCRA Regulations That Apply to Off-Site
Transportation of HazardousWaste
- Pre-transport requirements
- Placarding, labeling, and marking
- Hazardous waste manifest
- EPA identification numbers
- LDR tracking requirements
63Land Disposal Restrictions
- Generator determination
- Generator Paperwork
- Notification or
- Certification
64LDR Tracking Requirements
- Restricted wastes require the following
documentation - One-time LDR notification (with initial shipment)
if waste does not meet treatment standards - One-time notice and certification if waste meets
treatment standards - Waste analysis information (when available)
65Record-keeping and Reporting
- Biennial Reports
- State Reports
- Exception Reports
- Records Retention
66RCRA Compliance
- Waste characterization
- Storage and labeling
- Contingency plan and training
- Records and reporting
67RCRA Compliance Conclusion
- EPA RCRA compliance does not have to be difficult
- Ask your EPA Region and/or DOT State for
assistance - Environmental Management System (EMS) can help
68How to contact me?
- Eduardo R. González, PE, DEE, MBA, REM, CEA Tel.
(787) 977 - 5839Fax. (787) 729-7748e-mail
gonzalez.eduardo_at_epamail.epa.gov
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