CE/Geol/ChE 174Hazardous Materials

Transportation of Hazardous WasteChristopher Vaisvaisc@eorm.com

510-610-3396http://www.engr.sjsu.edu/~jennimi/Classes/CHE174/

Topics for Today

• Discuss the transporter requirements under RCRA• learn when a transporter becomes a TSDF• Talk about other ways a transporter incurs liability

for hazardous waste• Talk about basic DOT requirements for transporter

and how they are coordinated with RCRA• Class Exercise

Requirements for Transporters

• RCRA requirements• DOT requirements– Hazardous waste– Hazardous materials– Notification– Training

Hazardous Waste Transporters

• Hazardous waste transporters are individuals or entities that move hazardous waste from one site to another by highway, rail, water, or air (see 40 CFR 260.10). This includes transporting hazardous waste from a generator's site to a facility that can recycle, treat, store, or dispose of the waste. It can also include transporting treated hazardous waste to a site for further treatment or disposal.

• Requirements for transporters include (see also 40 CFR 263):

• Obtaining an EPA Identification number• Complying with the manifest system.• Responding appropriately to hazardous waste discharges.• Complying with all applicable DOT regulations

Hazardous Waste Transporters

• Manifest requirement.

A transporter may not accept hazardous waste from a generator unless the transporter is also provided with a manifest signed in accordance with the requirements of 40 C.F.R. §262.23.

Hazardous Waste Transporters

• Before transporting the hazardous waste, the transporter must sign and date the manifest acknowledging acceptance of the hazardous waste from the generator. This information is found in Item 17 of the Manifest.

• The transporter must return a signed copy to the generator before leaving the generator's property.

Hazardous Waste Transporters

• The transporter must ensure that the manifest accompanies the hazardous waste.

• In the case of exports, the transporter must ensure that a copy of the EPA Acknowledgment of Consent also accompanies the hazardous waste

Transport from a SQG for Recycling

A transporter transporting hazardous waste from a generator who generates greater than

100 kilograms but less than 1000 kilograms of hazardous waste in a calendar month

for recycling must show that:

(1) The waste is being transported pursuant to a reclamation agreement as provided for in §262.20(e);

(2) The transporter records, on a log or shipping paper, the following information for each shipment:

(i) The name, address, and U.S. EPA Identification Number of the generator of the

waste;

(ii) The quantity of waste accepted;

(iii) All DOT-required shipping information;

(iv) The date the waste is accepted; and

(3) The transporter carries this record when transporting waste to the reclamation

facility; and

(4) The transporter retains these records for a period of at least three years after

termination or expiration of the agreement.

Hazardous Waste Transporters

• A transporter who delivers a hazardous waste to another transporter or to the designated facility must:

(1) Obtain the date of delivery and the handwritten signature of that transporter or of the owner or operator of the designated facility on the manifest; and

(2) Retain one copy of the manifest in accordance with §263.22; and

(3) Give the remaining copies of the manifest to the accepting transporter or designated facility.

Hazardous Waste Transporters Bulk Water Shipments

• The requirements for water (bulk shipment) transporters are:• (1) The hazardous waste is delivered by water (bulk shipment) to the designated

facility; and• (2) A shipping paper containing all the information required on the manifest

(excluding the EPA identification numbers, generator certification, and signatures) and, for exports, an EPA Acknowledgment of Consent accompanies the hazardous waste; and

• (3) The delivering transporter obtains the date of delivery and handwritten signature of the owner or operator of the designated facility on either the manifest or the shipping paper; and

• (4) The person delivering the hazardous waste to the initial water (bulk shipment) transporter obtains the date of delivery and signature of the water (bulk shipment) transporter on the manifest and forwards it to the designated facility; and

• (5) A copy of the shipping paper or manifest is retained by each water • (bulk shipment) transporter in accordance with §263.22.

Hazardous Waste Transporters Rail Transporters

• For shipments involving rail transportation the following requirements apply:

(1) When accepting hazardous waste from a non-rail transporter, the initial rail transporter must:

(i) Sign and date the manifest acknowledging acceptance of the hazardous

waste;

(ii) Return a signed copy of the manifest to the non-rail transporter;

(iii) Forward at least three copies of the manifest to:

(A) The next non-rail transporter, if any; or,

(B) The designated facility, if the shipment is delivered to that facility by

rail; or

(C) The last rail transporter designated to handle the waste in the United

States;• (iv) Retain one copy of the manifest and rail shipping paper in accordance with

§263.22.

Hazardous Waste Transporters Rail Transporters

• Rail transporters must ensure that a shipping paper containing all the information required on the manifest (excluding the EPA identification numbers, generator certification, and signatures) and, for exports an EPA Acknowledgment of Consent accompanies the hazardous waste at all times.

• Note: Intermediate rail transporters are not required to sign either the manifest or shipping paper.

• When delivering hazardous waste to the designated facility, a rail transporter must:• (i) Obtain the date of delivery and handwritten signature of the owner or operator of the

designated facility on the manifest or the shipping paper (if the manifest has not been received by the facility); and

• (ii) Retain a copy of the manifest or signed shipping paper in accordance with §263.22.• (4) When delivering hazardous waste to a non-rail transporter a rail transporter must:• (i) Obtain the date of delivery and the handwritten signature of the next non-rail transporter on

the manifest; and• (ii) Retain a copy of the manifest in accordance with §263.22.• Before accepting hazardous waste from a rail transporter, a non-rail transporter must

sign and date the manifest and provide a copy to the rail transporter.

Hazardous Waste Export Transporters

• Transporters who transport hazardous waste out of the United States must:

(1) Sign and date the manifest in the International

Shipments block to indicate the date that the

shipment left the United States;

(2) Retain one copy in accordance with §263.22(d);

(3) Return a signed copy of the manifest to the

generator; and

(4) Give a copy of the manifest to a U.S. Customs

official at the point of departure from the United States.

Transporter Recordkeeping

A transporter of hazardous waste must keep a copy of the manifest signed by the generator, himself, and the next designated transporter or the owner or operator of the designated facility for a period of three years from the date the hazardous waste was accepted by the initial transporter.

Transporter Recordkeeping Water Transporter

For shipments delivered to the designated facility by water, each water transporter must retain a copy of the shipping paper containing all the information required in §263.20(e)(2) for a period of three years from the date the hazardous waste was accepted by the initial transporter.

Transporter Recordkeeping Water Transporter

For shipments delivered to the designated facility by water, each water transporter must retain a copy of the shipping paper containing all the information required in §263.20(e)(2) for a period of three years from the date the hazardous waste was accepted by the initial transporter.

Transporter Recordkeeping Rail Transporter

For shipments of hazardous waste by rail within the United States:

(1) The initial rail transporter must keep a copy of the manifest and shipping

paper with all the information required in §263.20(f)(2) for a period of

three years from the date the hazardous waste was accepted by the initial

transporter; and

(2) The final rail transporter must keep a copy of the signed manifest (or the

shipping paper if signed by the designated facility in lieu of the manifest)

for a period of three years from the date the hazardous waste was

accepted by the initial transporter.

Note: Intermediate rail transporters are not required to keep records pursuant to

these regulations.

Transporter Immediate Action

In the event of a discharge of hazardous waste during transportation, the transporter must take appropriate immediate action to protect human health and the environment (e.g., notify local authorities, dike the discharge area).

If a discharge occurs during transportation and an official (State or local government or a Federal Agency) acting within the scope of his official responsibilities determines that immediate removal of the waste is necessary to protect human health or the environment, that official may authorize the removal of the waste by transporters.

Transporter Immediate ActionAn air, rail, highway, or water transporter who has discharged

hazardous waste must:

(1) Give notice, if required by 49 CFR 171.15, to the National

Response Center (800–424–8802 or 202–426–2675); and

(2) Report in writing as required by 49 CFR 171.16 to the

Director, Office of Hazardous Materials Regulations,

Materials Transportation Bureau, DOT, Washington, DC

20590.

A water transporter who has discharged hazardous waste must give the

same notice as required by 33 CFR 153.203 for oil and hazardous

substances.

Transporter Clean-Up

A transporter must clean up any hazardous waste discharge that occurs during transportation or take such action as may be required or approved by Federal, State, or local officials so that the hazardous waste discharge no longer presents a hazard to human health or the environment.

Transfer Facility

• Transfer facilities can be used for short-term storage between hazardous waste transporters and loads. One transporter can leave waste for another transporter to pick up.

• A transporter may also combine several small loads into one large load for long distance shipping. However, the contents of separate containers of hazardous waste cannot be combined at a transfer facility.

Transfer Facility

• Transfer facilities are not required to operate under RCRA storage permits when the hazardous waste is held during the normal course of transportation,

and

• the waste is manifested, kept in DOT specification containers, and stored less than 10 days.

Failure to Deliver

If the hazardous waste cannot be delivered because of an emergency condition other than rejection of the waste by the designated facility,

THEN

The transporter must contact the generator for further directions and must revise the manifest according to the generator's instructions.

Full Load Rejection by TSD Facility

If hazardous waste is rejected by the designated facility while the transporter is on the facility's premises, then the transporter must obtain the following:

For a full load rejection: A copy of the original manifest that includes the rejecting facility's signature and date attesting to the rejection, the description of the rejection in the discrepancy block of the manifest, and the name, address, phone number, and Identification Number for the alternate facility or generator to whom the shipment must be delivered.

The transporter must retain a copy of the manifest in accordance with §263.22, and give a copy of the manifest containing this information to the rejecting designated facility.

Partial load Rejection by TSD Facility

If hazardous waste is rejected by the designated facility while the transporter is on the facility's premises, then the transporter must obtain the following:

For a partial load rejection: A copy of the original manifest including the facility's date and signature, the Manifest Tracking Number of the new manifest and a description of the partial rejection in the discrepancy block of the original manifest.

The transporter must retain a copy of this manifest, and give the remaining copies of the original manifest to the rejecting designated facility. If the transporter is forwarding the rejected partial shipment to an alternate facility or returning it to the generator, the transporter must obtain a new manifest to accompany the shipment.

TSD Facilities• Receipt of Manifest from Generator:

Item 18. Note in this space any discrepancies between the waste described on the manifest and the waste actually received.

Item 18a. Note the reason for the discrepancy {significant differences between the quantity or type of hazardous waste stated on the manifest} between what the manifest says and what is actually received. For rejected loads check the appropriate box. In an authorized state check state rules. In an USEPA state notify EPA Regional Office within 15 days if the discrepancy can not be resolved.

TSD Facilities

• Receipt of Manifest from Generator:

Item 18b. Enter the name, address, phone number, EPA I.D. number

of the alternate facility to receive a fully rejected load after

consulting with the generator. Or, enter the generator’s site

information if the load is being returned to the generator.

Do not use this Item for a partial load rejection.

Item 18c. The alternate facility must sign and date the manifest when

receiving the rejected load.

TSD FacilitiesItem 19. Enter the most appropriate Hazardous waste Report Management Method code for each waste listed in Item 9.

Item 20. Enter the name of the person and date receiving the waste. Acknowledge either the acceptance or rejection {totally or partially} of the waste.

Item 20. Rejection of wastes:Partial Rejection: Partially rejected waste must be re-shipped

under a new manifest initiated and signed by the rejecting TSD.

Full Rejection: Fully rejected wastes are either forwarded or returned using Item 18b after consultation with the generator

Requirements for TSDFs

Requirement for TSDFs

• Standards of general applicability– ID number and waste analysis– Security– Training• RCRA and OSHA training• HAZWOPER Certification

Requirement for TSDFs

• Standards of general applicability– ID number and waste analysis– Security– Training• RCRA and OSHA training

Requirement for TSDFs

• Standards of general applicability (cont.)– Closure plan– Financial responsibility

Requirement for TSDFs

• Standards for specific facilities– Drums and tanks– Surface impoundments– Landfills– Incinerators

Requirement for TSDFs

• air emission standards for process vents• air emission standards for equipment leaks• air emission standards for tanks, surface

impoundments and containers• air emissions from incinerators

Used Oil

• Used oil is any oil refined from crude oil or any synthetic oil that has been used and as a result of such use is contaminated by physical or chemical impurities.

• Used oils include spent automotive lubricating oils, spent industrial oils, and spent industrial process oils.

• The definition of used oil includes oil used for the purpose of lubrication that becomes contaminated as a result of such use and residues and sludges derived from used oil.

Used Oil

Lubricating oil must be labeled:

"DON'T POLLUTE - CONSERVE RESOURCES; RETURN USED OIL TO COLLECTION CENTERS."

Used Oil

• Used oil containing more than 1,000 ppm total halogens is presumed to be a hazardous waste because it has been mixed with a halogenated hazardous waste listed in Subpart D of Part 261.

• Failure to rebut the presumption means that the used oil must be managed as a hazardous waste under 40 CFR Parts 262-270 instead of under the more favorable used oil management standards of 40 CFR Part 279.

Used OilPolychlorinated biphenyl (PCB) contaminated usedoil containing 50 parts per million (ppm) PCBs orgreater is not subject to regulation under the usedoil management standards.

Used oil contaminated with 50 ppm PCBs or greater is regulated under the Toxic Substances Control Act (TSCA) rather than the Resource Conservation and Recovery Act (RCRA).

Used oil containing less than 50 ppm PCBs is regulated under RCRA and may be regulated under TSCA (depending on concentration and intended use or disposition).

Used Oil

• Used oil generators are subject to all applicable Spill Prevention, Control and Countermeasures (40 CFR part 112) in addition to the requirements of 40 CFR part 279.

• Used oil generators are also subject to the Underground Storage Tank (40 CFR part 280) standards for used oil stored in underground tanks whether or not the used oil exhibits any characteristics of hazardous waste

Used OilGenerators may transport, without an EPA identificationnumber, used oil that is generated at the generator's siteand used oil collected from household do-it-yourselfers toa used oil collection center provided that:

(1) The generator transports the used oil in a vehicle owned by the generator or owned by an employee of the generator;

(2) The generator transports no more than 55 gallons of used oil at any time; and

(3) The generator transports the used oil to a used oil collection center that is registered, licensed, permitted, or recognized by a state/county/municipal government to manage used oil.

Used OilGenerators may transport, without an EPA identificationnumber, used oil that is generated at the generator's site to anaggregation point provided that:

(1) The generator transports the used oil in a vehicle owned by the generator or owned by an employee of the generator;

(2) The generator transports no more than 55 gallons of used oil at any time; and

(3) The generator transports the used oil to an aggregation point that is owned and/or operated by the same generator manage used oil.

Used Oil

The use of used oil as a dust suppressant is prohibited, except when such activity takes place in an approved state, and no states are approved to date.

Underground Storage Tanks

Underground Storage Tanks

The UST statute at 42 U.S.C. §6991(1) defines “underground storage tank” to mean any tank including underground pipes connected thereto which is 10% or more beneath the surface of the ground.

Underground Storage TanksBut does not include• a farm or residential tank of 1,100 gallons or less used for storing

motor fuel for non-commercial uses;• tanks used to store heating oil for consumption on the premises;• septic tanks;• pipeline facility regulated under other statutes;• surface impoundments• storm water or waste water collection systems;• flow-through process tanks;• liquid traps or associated gathering lines directly related to oil or

gas production and gathering operations;• storage tanks in an underground area if the tank is situated upon

or above the surface of the floor.

Underground Storage Tanks

Performance standards for new UST systems.2. General Operating Requirements3. Release Detection4. Release Reporting, Investigation, and Confirmation5. Release Response and Corrective6. Action for UST Systems Containing Petroleum or Hazardous Substances7. Out-of-Service UST Systems and Closure8. Financial Responsibility9. Lender Liability

Underground Storage Tanks• There are specific enforcement provisions.

• EPA may issue compliance orders and, in a delegated state, the state must be given advanced notice.

• Failure to comply with an order may result in a civil penalty up to $25, 000.00 per day of non-compliance.

• Any owner or operator of an underground storage tank who fails to comply with:

1. interim standards 2. EPA requirements and standards; or 3. state requirements or standards shall be subject to a civil penalty not to exceed $10,000.00 for eachday of violation.

Underground Storage Tanks

• Operator means any person in control of, or having responsibility for, the daily operation of the UST system.

• Owner means: In the case of a UST system in use on November 8,

1984, or brought into use after that date, any person who owns an UST system used for storage, use or dispensing of regulated substances; and in the case of any UST system no longer in use on that date any person who owned such UST immediately before the discontinuation of its use.

Underground Storage Tanks

• There are 597,333 active USTs at approximately 215,000 sites.

• 494,997 releases have been reported since the start of the program 401,874 have been cleaned up (81%0. 93,123 are yet to be cleaned up.

• Between October 2009 and September 2010 there were 106,725 on-site inspections.

Underground Storage Tanks

Underground Storage Tanks

• Definition of regulated UST’s• Exclusions and deferrals• Owners and operators– Tanks in service on 11/8/84– Tanks not in service on 11/8/84

Underground Storage Tanks

• Performance standards for new UST’s• Release reporting and corrective action• Out of service systems and closure• Financial responsibility• Tort liability for UST’s