Hazardous Waste Generator's Self-Inspection Checklist

Compliance Category:
Hazardous Waste Management

Regulatory Requirement or Management Practice:

Reviewer Checks:

All Facilities

HW.1. The current status of any ongoing or unresolved Consent Orders, Compliance Agreements, Notices of Violation (NOV), or equivalent state enforcement actions pertaining to RCRA or corresponding State regulations should be examined.

Determine if noncompliance issues have been resolved by reviewing a copy of the previous report, Consent Orders, Compliance Agreements, NOVs, Interagency agreements or equivalent state enforcement actions.

For those open items, indicate what corrective action is planned and milestones established to correct problems.

HW.2. Facilities are required to comply with state and local regulations concerning hazardous waste management.

Check your state's RCRA/HSWA authorization status. In authorized states, compare state regulations to the federal requirements outlined in this document and annotate this checklist accordingly.Many states, like Georgia, just adopted the federal regs, so there should be no difference; but some, like California, went nuts.

Verify that the facility is abiding by state and local hazardous waste requirements.

Verify that the facility is operating according to hazardous waste permits issued by the state or local agencies where approved.

(NOTE: Issues typically regulated by state and local agencies include:

Additional manifesting requirements

More frequent reporting requirements

Transportation

Identification of special waste or waste categories

Regulation of specific substances as hazardous waste such as: medical, pathological, and infectious waste; used oil; explosives; used batteries

Small and conditionally exempt small quantity generator requirements

RCRA permitting of oil/water separators

Disposal requirements

Construction and operation of storage and disposal facilities

Satellite accumulation point requirements

Container marking and labeling requirements.)

Verify that the actions detailed in compliance agreements are being taken according to the schedule established in the agreements.

HW.3. Facilities are required to comply with all applicable federal regulatory requirements not identified in this checklist.

Determine if any new hazardous waste regulations have been issued since the finalization of the guide. If so, annotate checklist to include new standards.

Determine if the facility has hazardous waste activities or facilities that are federally regulated, but not addressed in this checklist.

Verify that the facility is in compliance with all applicable and newly issued hazardous waste regulations.

HW.4. Specific persons should be designated responsible for hazardous waste storage areas, and the precise nature of their responsibilities should be specified (MP).

Verify that specific individuals have been designated responsible for hazardous waste storage areas.
Verify that the individuals designated responsible for hazardous waste storage areas are aware of the precise nature of their responsibilities.

Verify that required training for hazardous waste handling is in personnel file.

All Sizes of Generators

HW.5. Facilities that generate solid wastes must determine if the wastes are hazardous wastes (40 CFR 261.3, 261.4(b), 261.24, and 262.11).

Determination of whether or not a waste is a hazardous waste can be done through one of the following:

- Knowledge of all the constituents of the waste (MSDSs) and whether it is listed in 40 CFR 261

- Laboratory analysis

- Knowledge of materials and processes used

A sample which is collected for the sole purpose of testing to determine characteristics or composition. (SW.846))

(NOTE: Unidentified waste materials and spilled hazardous materials may have to be disposed of as hazardous waste depending on their constituents or characteristics.)

Discuss with staff how wastes generated on the facility were identified and classified.

Determine if the facility followed EPA criteria for identifying the characteristics of hazardous waste and EPA's listed wastes in 40 CFR 261 (see Appendices A, B, C, and D. Note: The appendices contained in this document are dated. Auditors should consult a current version of the regulations to ensure that accurate lists and other requirements are used for assessments.).

Determine whether the facility generates, transports, treats, stores, or disposes of any hazardous waste (see Appendices A, B, C, and D for guidance) and the quantity.

Waste documentation must be in facility records (40 CFR 262.40).

(NOTE: The following are examples of solid wastes which are not considered hazardous wastes (40 CFR 261.3 and 261.4(b)):

- Household waste

- Fly ash waste, bottom ash waste, and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels except for facilities that burn hazardous waste

- Drilling fluids, produced waters and other wastes affiliated with the explorations, development, or production of crude oil, natural gas, or geothermal energy.

- Solid waste which consists of discarded arsenic-treated wood or wood products which fail the test for Toxicity Characteristics for hazardous waste codes 0004 through 0017 and which is not a hazardous waste for any other reason if the waste is generated by persons who utilize the arsenic treated wood and wood products for those materials intended end use

- Petroleum contaminated media and debris that fail the test for Toxicity Characteristic of 40 CFR 261.24 (Hazardous Waste Codes D018 through D043 only) and are required to meet the corrective action regulations under 40 CFR part 280

- Used chlorofluorocarbon refrigerants from totally enclosed heat transfer equipment, including mobile air conditioning systems, mobile refrigeration and commercial and industrial air conditioning and refrigeration systems that use chlorofluorocarbons as the heat transfer fluid in a refrigeration cycle, provided that the refrigerant is reclaimed for further use

- Non-tern plated used oil filters that are not mixed with a listed hazardous waste if these oil filters have been gravity hot-drained using one of the following methods:

-- puncturing the filter anti-drain back valve or the filter dome end and hot-draining

-- hot-draining and crushing

-- dismantling and hot-draining

-- any other equivalent hot-draining method that will remove used oil.)

HW.5. (continued)

Verify that wastes are tested for toxicity characteristics or are previously identified as toxic.

Verify that all data used for determination, including quality assurance data, is maintained and kept available for reference or inspection.

HW.6. Facilities which claim that a particular material is not a solid waste or is conditionally exempt from regulation as a hazardous waste should be prepared to provide specific documentation in the event of an enforcement action (40 CFR 261.2(f)).

Determine if the facility has any wastes that are typically handled as hazardous wastes that it claims are exempt.

Verify that for these wastes, the facility can demonstrate that there is a known market or distribution for the material (if relevant) and that they meet the terms of the exclusion or exemption.

Verify that documentation is provided that indicates the material is not a waste or is exempt from regulation.

(NOTE: One example of documentation is contracts showing that a second person uses the material as an ingredient in a production process.)

Verify that if the facility is claiming to recycle material, the equipment for the recycling is actually at the facility and in working order.

HW.7. Areas where containers of hazardous waste are stored should have secondary containment (MP).

Verify that the areas where containers of hazardous waste are stored have secondary containment.

HW.8. Generators must not offer their waste to transporters or TSDFs that have not received an EPA identification number (40 CFR 262.12(c)).

Verify that all transporters of hazardous wastes and TSDFs used by the generator have an EPA identification number by examining facility records pertaining to these services. Examples of such records could include sales agreements or vendor contracts. Auditors could also contact the state regulatory agency or local EPA regional office to confirm that these vendors have the appropriate EPA identification number.

Conditionally Exempt Small Quantity Generators (CESQG)

HW.9. Generators of no more than 100 kg/mo (220.46 lb/mo) of hazardous waste or 1 kg of acutely hazardous waste may qualify as CESQGs when they meet specific requirements (40 CFR 261.5).

Verify that the following quantity and storage limitations are met:

- No more than 100 kg (220.46 lb.) of hazardous waste is generated in a calendar month

- Total on-site accumulation does not exceed 1,000 kg (2,204.62 lb.) of hazardous waste

- No more than 1 kg (2.2 lb.) of acute hazardous waste (see Appendix E) is generated in a calendar month

No more than a total of 100 kg (220.46 lb.) of any residue or contaminated soil, waste, or other debris resulting from the cleanup of any acute wastes in a calendar month is generated.

Verify that wastes are either treated or disposed of in an on-site facility or delivered to an off-site TSDF, which is one of the following:

- Permitted under 40 CFR 270

- Operating under interim status

- Authorized to manage hazardous waste by a state with an approved hazardous waste management program under 40 CFR 271

- Permitted, licensed, or registered by a state to manage solid waste

- A facility which does one of the following:

-- beneficially uses or reuses, or legitimately recycles or reclaims its waste

-- treats it waste prior to beneficial use or reuse, or legitimate recycling or reclamation.

(NOTE: If a hazardous waste generator meets the requirements for being a CESQG, it is not required to meet any of the standards outlined in 40 CFR Parts 262 through 266, (except 262.11), 268, and 270.)

(NOTE: If a facility mixes its waste with used oil, the mixture is subject to the requirements in Subpart G of 40 CFR Part 279 if it is destined to be burned for energy recovery.)

(NOTE: Quantities of hazardous and acutely hazardous waste greater than the threshold quantities listed above become subject to the standards for LQGs.)

(NOTE: Even though a CESQG is not legally required to use a manifest or obtain a hazardous waste identification number, many hazardous waste haulers will not transport hazardous waste from a facility without a manifest or ID number.)

HW.10. Environmental management at the facility may be enhanced if CESQG personnel who handle hazardous waste receive training in certain key areas of waste management (MP).

Ensure that the facility personnel complete classroom instruction or on-the-job training as set forth below:
Verify that the training program is directed by a person trained in hazardous waste management procedures and that the program includes instruction which teaches facility personnel hazardous waste management procedures relevant to positions in which they are employed.
Although not specified by the regulations, examples of training topics for hazardous waste management procedures could include (but would not be limited to) the following:

- Waste turn in procedures

- Identification of hazardous wastes

- Container use, marking, labeling and on-site transportation

- Manifesting and off-site transportation

- 90 day storage area management

- Personal health and safety and fire safety.

Verify that the training program includes contingency plan implementation and is designed to ensure that facility personnel are able to respond to emergencies including (where applicable):
Key parameters for automatic waste feed cut-off systems
Procedures for using, inspecting, repairing, and replacing emergency and monitoring equipment
Operation of communications and alarm systems
Response to fire or explosion
Response to groundwater contamination incidents
Response to leaks or spills
Shutdown of operations.
Verify that new employee training is completed within six months of employment/ assignment.
Verify that an annual review of initial training is provided.
Verify that employees do not work unsupervised until training is completed.

Verify specifically that waste storage area managers and hazardous waste handlers have been trained.

HW.11. Training records should be maintained for all CESQG staff who manage hazardous waste (MP).

Examine training records and verify they include the following:

- Job title and description for each employee by name

- Written description of how much training each position will obtain

- Documentation of training received by name.

Determine if training records are retained for three years after employment at the facility.

HW.12. Empty containers at CESQGs previously holding hazardous wastes must meet the regulatory definition of empty before they are exempted from hazardous waste requirements (40 CFR 261.7).

Verify that for containers or inner liners holding hazardous wastes:

- Wastes are removed that can be removed using practices commonly employed to remove materials from that type of container (e.g., pouring, pumping, and aspirating) and,

- No more than 2.5 cm (1 in.) of residue remains, or

- If the container is less than or equal to 110 gal. (416.40 L), no more than 3 percent by weight of total container capacity remains, or

When the container is greater than 110 gal. (416.40 L), no more than 0.3 percent by weight of the total container capacity remains.

Verify that for containers that hold a compressed gas, the pressure in the container approaches atmosphere.

Verify that for a container or inner liner that held an acute hazardous waste listed in Appendix E, one of the following is done:

- It is triple rinsed

- It is cleaned by another method identified through the literature or testing as achieving equivalent removal

- The inner liner is removed.

HW.13. Containers at CESQGs should be managed in accordance with specific management practices (MP).

Verify the following by inspecting storage areas:

- Containers are not stored more than two high and have pallets between them

- Containers of highly flammable wastes are electrically grounded (check for clips and wires and make sure wires lead to ground rod or system)

- At least 3 ft. (0.91 m) of aisle space is provided between rows of containers.

HW.14. Containers of hazardous waste should be kept in designated storage areas at CESQGs (MP).

Verify that all hazardous waste containers are identified and stored in appropriate areas.

(NOTE: Any unidentified contents of solid waste containers and/or containers not in designated storage areas must be tested to determine if solid or hazardous waste requirements apply.)

Small Quantity Generators (SQGs)

General

HW.15. SQGs that generate, transport, or handle hazardous wastes must obtain an EPA identification number (40 CFR 262.12(a) and 262.12(b); 40 CFR 265.11).

Examine documentation from EPA for the facility's generator identification number.

Verify that correct identification number is used on all appropriate documentation (i.e., manifests).

HW.16. Generators of more than 100 kg (220.46 lb.) but less than 1,000 kg (2,204.62 lb.) of hazardous waste per month may qualify as an SQG which can accumulate hazardous waste on-site for 180 days (or 270 days) without a permit if specific conditions are met (40 CFR 262.34(d)(1), 262.34(d)(4), 262.34(e) and 262.34(f)).

Inspect containers, storage, and records.

Verify that no more than 1,000 kg (2,204.62 lb.) of hazardous waste is generated in any calendar month.

Verify that the on-site accumulation time does not exceed 180 days.

(NOTE: For an SQG the accumulation start date begins when the first waste is poured/placed into the waste container, except at satellite accumulation points.)

(NOTE: The 180 day time period is extended to 270 days if the waste must be transported more than 200 miles to a TSDF. This extension does not apply if a TSDF is available within 200 miles and the facility chooses to transport the waste to a more distant TSDF.)

Verify that no more than 6,000 kg (13,227.73 lb.) is allowed to accumulate at the facility.

Verify that containers are marked with the date that accumulation began and the words HAZARDOUS WASTE.

Verify that the containers and the areas where containers are stored meet the requirements outlined in the subsections pertaining to SQG.

(NOTE: Quantities of hazardous and acutely hazardous waste greater than the threshold quantities listed above become subject to the standards for LQGs.)

HW.17. An SQG must not offer its hazardous waste to transporters or to TSDFs that have not received an EPA identification number (40 CFR 262.12(c)).

Verify that all transporters of hazardous waste and TSDFs utilized by the facility have an EPA identification number by examining facility records pertaining to these services. Examples of such records could include vendor contracts or sales agreements. Auditors could also contact the state regulatory agency or the local EPA regional office to confirm that these vendors have the appropriate EPA identification number.

HW.18. SQGs of hazardous waste are required to use manifests and keep records of hazardous waste activity (40 CFR 262.20, 262.42(b) and 262.44).

Verify that signed copies of returned manifests are kept for three years from the date the waste was accepted by the initial transporter.

Verify that exception reports were submitted to the regulatory agency when a signed manifest copy was not received within 60 days of the waste being accepted by the initial transporter.

Verify that exception reports are kept for at least three years.

(NOTE: The requirement to prepare a manifest does not apply if:

- The waste is reclaimed under contractual agreement and:

-- the type of waste and frequency of shipments are specified in the agreement;

-- the vehicle used to transport the waste to the recycling facility and to deliver regenerated material back to the generator is owned and operated by the reclaimer; and

-- the generator maintains a copy of the reclamation agreement for at least three years after termination of the agreement.)

(NOTE: Period of retention of records is extended automatically during the course of any unresolved enforcement action or as requested by the regulatory agency.)

HW.19. SQGs are required to keep records of waste analyses, tests, and waste determinations (40 CFR 262.40(c)).

Verify that appropriate records are kept for at least three years from the date the waste was last sent to an on-site or off-site TSDF.

(NOTE: Period of retention of records is extended automatically during the course of any unresolved enforcement action or as requested by the regulatory agency.)

HW.20. SQGs are required to have an emergency coordinator and emergency response planning (40 CFR 262.34(d)(5)).

Verify that the facility has at least one emergency coordinator who is either on the premises or on call.

Verify that the following emergency information is posted next to the telephone:

- Name and telephone number of emergency coordinator

- Location of fire extinguishers and spill control materials

- Location of fire alarms (if present)

- Telephone number of fire department.

Personnel Training

HW.21. SQG personnel are required to be thoroughly familiar with proper waste handling and emergency procedures (40 CFR 262.34(d)(5)(iii)).

Verify that personnel are thoroughly familiar with waste handling and emergency procedures relevant to their responsibilities during normal facility operation and emergencies.

HW.22. Training records should be maintained for all SQG staff who manage hazardous waste (MP).

Examine training records and verify they include the following:

- Job title and description for each employee by name

- Written description of how much training each position will obtain

- Documentation of training received by name.

Determine if training records are retained for three years after employment at the facility.

Containers

HW.23. Empty containers at SQGs previously holding hazardous wastes must meet the regulatory definition of empty before they are exempted from hazardous waste requirements (40 CFR 261.7).

Verify that for containers or inner liners holding hazardous wastes:

- Wastes are removed that can be removed using practices commonly employed to remove materials from that type of container (e.g., pouring, pumping, and aspirating), and

- No more than 2.5 cm (1 in.) of residue remains, or

- If the container is less than or equal to 110 gal. (416.40 L), no more than 3 percent by weight of total container capacity remains, or

- When the container is greater than 110 gal. (416.40 L), no more than 0.3 percent by weight of the total container capacity remains.

Verify that for containers that held a compressed gas, the pressure in the container approaches atmosphere.

Verify that for a container or inner liner that held an acute hazardous waste listed in Appendix E, one of the following is done:

- It is triple rinsed

- It is cleaned by another method identified through the literature or testing as achieving equivalent removal

- The inner liner is removed.

HW.24. Containers used to store hazardous waste at SQGs must be in good condition and not leaking (40 CFR 262.34 (d)(2) and 40 CFR 265.171).

Verify that containers are not leaking, bulging, rusting, damaged or dented.

Verify that waste in leaking containers is transferred to a new container or managed in another appropriate manner when necessary.

HW.25. Containers used at SQGs must be made of or lined with materials compatible with the waste stored in them (40 CFR 262.34(d)(2) and 40 CFR 265.172).

Verify that containers are compatible with waste; for example, check that strong caustics and acids are not stored in metal drums.

HW.26. Containers of hazardous waste at SQGs must be closed during storage and handled in a safe manner (40 CFR 262.34(d)(2) and 40 CFR 265.173).

Verify that containers are closed except when it is necessary to add or remove waste (check bungs on drums, look for funnels).

Verify that handling and storage practices do not cause damage to the containers or cause them to leak.

HW.27. The handling of incompatible wastes or incompatible wastes and materials in containers at SQGs must comply with safe management practices (40 CFR 262.34(d)(2) and 40 CFR 265.177).

Verify that incompatible wastes or incompatible wastes and materials are not placed in the same containers unless it is done so that it does not:

- Generate extreme heat or pressure, fire, explosion, or violent reaction

- Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health

- Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions

- Damage the structural integrity of the device or facility

- Threaten human health by any other like means.

(NOTE: Incompatible wastes as listed in Appendix F should not be placed in the same drum.)

Verify that hazardous wastes are not placed in an unwashed container that previously held an incompatible waste or material.

Verify that containers holding hazardous wastes incompatible with wastes stored nearby in other containers, open tanks, piles, or surface impoundments are separated or protected from each other by a dike, berm, wall or other device.

HW.28. Containers of hazardous waste at SQGs should be managed in accordance with specific management practices (MP).

Determine the following by inspecting containers and storage areas:

- Containers are not stored more than two high and have pallets between them

- Containers of highly flammable wastes are electrically grounded (check for clips and wires and make sure wires lead to ground rod or system)

At least 3 ft. (0.91 m) of aisle space is provided between rows of containers.

Satellite Accumulation Points

HW.29. All SQGs may accumulate as much as 55 gal. of hazardous waste or 1 qt. of acutely hazardous waste in containers at or near any point of initial generation without complying with the requirements for on-site storage if specific standards are met (40 CFR 262.34(c)).

(NOTE: This type of storage area is often referred to as a satellite accumulation point.)

Verify that the satellite accumulation point is at or near any point of generation where wastes initially accumulate and is under the control of the operator of the waste generating process.

Verify that the containers are in good condition and are compatible with the waste stored in them and that the containers are kept closed except when waste is being added or removed.

Verify that the containers are marked HAZARDOUS WASTE or other appropriate identification.

(NOTE: See Appendices A, B, C, D, and E for a guidance list of hazardous and acute wastes.)

Interview the shop managers to identify when waste is accumulated in excess of quantity limitations, the following actions are taken:

- The excess container is marked with the date the excess amount began accumulating

- The waste is transferred to a storage area within three days where it will be stored for 180 days or less.

Container Storage Areas

HW.30. Containers of hazardous waste at SQGs should be kept in storage areas designated in the management plan (MP).

Verify that all containers are identified and stored in appropriate areas.

(NOTE: Any unidentified contents of solid waste containers and/or containers not in designated storage areas must be tested to determine if solid or hazardous waste requirements apply.)

HW.31. SQG storage areas must be designed, constructed, maintained, and operated to minimize the possibility of a fire, explosion, or any unplanned release of hazardous waste or constituents which could threaten human health or the environment (40 CFR 262.34(d)(4) and 40 CFR 265.30 through 265.37).

Determine if the following required equipment is easily accessible and in working condition by inspecting the SQG storage areas (unless none of the hazards posed by the waste managed at the facility would require the particular kind of equipment):

- Internal communications or alarm system capable of providing immediate emergency instruction to facility personnel

- A telephone or hand-held two way radio capable of contacting local and emergency responders

- Portable fire extinguishers and fire control equipment, including special extinguishing equipment (foam, inert gas, or dry chemicals)

- Spill control equipment

- Decontamination equipment

Fire hydrants or other source of water (reservoir, storage tank, etc.) with adequate volume and pressure, foam producing equipment, or automatic sprinklers, or water spray systems.

Determine if equipment is tested and maintained as necessary to insure proper operation in an emergency.

Verify that sufficient aisle space is maintained to allow unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of the operation.

Review procedures employed by facility management to familiarize police, fire departments, and emergency response teams with the layout of the facility, properties of the waste being handled, and general operations as appropriate for the type of waste and potential need for such services.

Review procedures employed by facility management to familiarize local hospitals with the site and types of injuries that could result in an emergency as appropriate for the type of waste and potential need for such services.

(NOTE: Where state or local authorities decline to enter into arrangements, the facility must document this refusal in the operating record.)

HW.32. SQGs must conduct weekly inspections of container storage areas (40 CFR 262.34(d)(2) and 265.174).

Verify that inspections are conducted at least weekly to look for leaking containers and signs of deterioration of containers.

Disposal of Restricted Wastes

HW.33. SQGs must test their wastes or use process knowledge to determine if they are restricted from land disposal (40 CFR 268.7(a)(1)).

Determine whether the generator determines if wastes have to be treated prior to disposal.

Determine if the facility generates restricted wastes (see Appendix G) by reviewing test results or reviewing procedures employed by facility management where process knowledge was applied in making the waste determinations.

HW.34. When an SQG is managing a restricted waste, a written notice must be issued to the TSDF of the appropriate treatment standards and prohibition levels (40 CFR 268.7(a)(2) through 268.7(a)(4), 268.7(a)(10)).

(NOTE: EPA is changing the notification requirement under 40 CFR 268.7 to a one-time notification and certification if the composition of the wastes, the process generating the wastes, and the treatment facility receiving the waste do not change (see FR Vol. 62, No. 91, May 12, 1997; pg. 26004).)

HW.34 (continued)

Verify that, for waste or soil which does not meet the applicable treatment standards or exceeds the applicable prohibition levels, the notice is issued and includes:

- The EPA hazardous waste code and manifest numbers

- The waste is subject to the LDRs and the constituents of concern for F001-F005 and F039 and underlying hazardous constituents in characteristic wastes, unless the waste will be treated and monitored for all constituents (If all constituents will be treated and monitored, there is no need to put them all on the LDR notice.)

- Whether the waste is a nonwastewater or wastewater

- The subcategory of the waste determination, if applicable

- For hazardous debris, when treating with the alternative treatment technologies provided in 40 CFR 268.45, the contaminants subject to treatment, as described in 268.45(b), and an indication that these contaminants are being treated to comply with 268.45.

- For contaminated soil subject to LDRs provided in 40 CFR 268.49(a), the constituents subject to treatment described in 268.49(d), and the following statement: "This contaminated soil [does/does not] exhibit a characteristic of hazardous waste and is [subject to/complies with] the soil treatment provided in 268.49(c) or the universal treatment standards."

Verify that, for waste or contaminated soil which meets the treatment standard at the original point of generation, the notice includes:

- The EPA hazardous waste code and manifest numbers

- Whether the waste is a nonwastewater or wastewater

- The subcategory of the waste determination, if applicable

- Waste analysis data, when available

- The signature of an authorized representative certifying that the waste complies with the treatment standards of 40 CFR 268 (the text of the required certification statement can be found in 40 CFR 268.7(3)(i)).

Verify that, for restricted waste which is subject to an exemption from a prohibition of the type of land disposal used, the notice states that the waste is not prohibited from land disposal and includes:

- The EPA hazardous waste code and manifest number

- Statement that this waste is not prohibited from land disposal

- Waste analysis data, when available

- The date the waste is subject to the prohibition

(NOTE: SQGs with tolling agreements are required to comply with notification and certification requirements for the initial shipment of waste subject to the agreement. The SQG will retain an on-site copy of the notification and certification along with the tolling agreement for at least 3 years after the termination or expiration of the agreement.)

HW.35. SQGs that are managing prohibited wastes in tanks, containers, or containment buildings and treating the waste to meet applicable treatment standards, must develop and follow a written waste analysis plan (40 CFR 268.7(a)(5) and 268.7(a)(10)).

Verify that the plan describes the procedures that the generator will follow in order to comply with treatment standards.

(NOTE: SQGs treating hazardous debris under the alternative treatment standards are not required to conduct waste analysis.)

Verify that the plan is kept on-site and:

- The plan is based on a detailed chemical and physical analysis of representative sample of the prohibited waste being treated

- The plan contains all information necessary to treat the wastes in accordance with regulatory requirements including the selected testing frequency

- The plan must be kept in the facility's on-site files and made available to regulatory inspectors.

HW.36. SQGs are required to keep specific documents pertaining to restricted wastes on-site (40 CFR 268.7(a)(4) through 268.7(a)(7) and 268.7(a)(10)).

Verify that if the facility is using generator knowledge to determine whether a waste or contaminated soil meets land disposal restriction requirements, the supporting data used in making this determination is retained on-site in the facility operating files.

Verify that if the facility has determined whether a waste is restricted using appropriate test methods, the waste analysis data is retained on-site in the files.

Verify that if the facility has determined that it is managing a restricted waste that is excluded from the definition of a hazardous waste or solid waste or exempt from RCRA Subtitle C, a one-time notice is placed in the facility’s files stating that the generated waste is excluded.

Verify that a copy of all notices, certifications, waste analysis data and other documentation is kept for at least three years from the date that the waste was last sent to on-site or off-site treatment, storage, or disposal.

Verify that SQGs with tolling agreement retain the agreement and copies of notification and certification for at least three years after the agreement expires.

HW.37. The storage of hazardous waste that is restricted from land disposal is not allowed unless specific conditions are met (40 CFR 268.50).

Verify that land disposal restricted waste is not stored at the facility unless the SQG is storing the wastes in tanks, containers, or containment buildings on-site only for the purpose of accumulating enough quantity of hazardous waste to facilitate proper recovery, treatment, or disposal and all appropriate standards for containers, tanks, and containment buildings are met.

(NOTE: The prohibition on storage does not apply to hazardous wastes that have met treatment standards.)

Verify that liquid hazardous wastes containing PCBs at concentrations greater than 50 ppm are stored at a site that meets the requirements of 40 CFR 761.65(b) (see Toxic Substances Control Act (TSCA)) and is removed from storage within one year of the date it was first placed into storage.

Large Quantity Generators (LQGs)

General

HW.38. A generator that generates, transports, or handles hazardous wastes must obtain an EPA identification number (40 CFR 262.12(a) and 262.12(b)).

Examine documentation from EPA for the facility’s generator identification number.

Verify that the correct identification number is used on all appropriate documentation (i.e., manifests).

HW.39. Generators may accumulate hazardous waste on-site for 90 days or less without a permit or interim status provided they meet certain conditions (40 CFR 262.34(a)(2), 262.34(a)(3) and 262.34(b)).

Inspect each 90 day storage area and interview the storage area manager. Verify that:

- The date upon which accumulation begins is clearly marked and visible for inspection

- The recorded start date indicates no container or tank has been accumulating a hazardous waste longer than 90 days (unless granted a 30 day extension)

- Each container and tank is labeled or marked clearly with the words HAZARDOUS WASTE.

(NOTE: For a generator the accumulation start date begins when the first waste is poured/placed into the waste container, except at satellite accumulation points.)

(NOTE: A generator who meets these standards is exempt from meeting the closure requirements outlined in 40 CFR 265.110 through 265.156, except for 265.111 and 265.114.)

(NOTE: A generator who accumulates hazardous waste for more than 90 days (without an extension), is subject to all TSDF and permitting requirements.)

HW.40. Generators must not offer their waste to transporters or TSDFs that have not received an EPA identification number (40 CFR 262.12(c)).

HW.41. Generators who shipped hazardous waste off-site to a TSDF must submit a biennial report to the regulatory agency by 1 March of even numbered years (40 CFR 262.40(b) and 262.41(a)).

Verify that the biennial report (EPA Form 8700-13A) is complete and was submitted in a timely manner.

Verify that copies are kept for three years.

(NOTE: Reporting for exports of hazardous waste is covered under the import/export section of this protocol.)

(NOTE: Periods of retention of records may be extended automatically during the course of any unresolved enforcement action or at the request of the regulatory agency.)

HW.42. Generators are required to use manifests, file manifest exception reports, and maintain records (40 CFR 262.20, 262.40(a), 262.40(b), 262.40(d), and 262.42(a)).

Verify that manifests are used when shipping the waste off-site.

Verify that exception reports were filed with the regulatory agency when a copy of the manifest was not received within 45 days of the waste being accepted by the initial transporter.

Verify that manifests and exception reports are kept for three years.

(NOTE: Periods of retention for reports may be extended automatically during the course of any unresolved enforcement action.)

HW.43. Generators are required to keep records of waste analyses, tests, and waste determinations (40 CFR 262.40(c)).

Verify that the appropriate records are kept for three years from the date the waste was last sent to the on-site or off-site TSDF.

(NOTE: Periods of retention for reports may be extended automatically during the course of any unresolved enforcement action or at the request of the regulatory agency.)

HW.44. Generator storage areas must be designed, constructed, maintained, and operated to minimize the possibility of a fire, explosion, or any unplanned release of hazardous waste or constituents which could threaten human health or the environment (40 CFR 262.34(a)(4) and 40 CFR 265.30 through 265.37).

Determine if the following required equipment is easily accessible and in working condition at the storage area (unless none of the hazards posed by the waste managed at the facility would require the particular kind of equipment):

- Internal communications or alarm system capable of providing immediate emergency instruction to facility personnel

- A telephone or hand-held two way radio capable of summoning emergency assistance

- Portable fire extinguishers and fire control equipment, including special extinguishing equipment (foam, inert gas, or dry chemicals)

- Spill control equipment

- Decontamination equipment

- Fire hydrants or other source of water (reservoir, storage tank, etc.) with adequate volume and pressure, foam producing equipment, or automatic sprinklers, or water spray systems.

Determine if equipment is tested and maintained as necessary to insure proper operation in an emergency.

Review procedures employed by facility management to familiarize police, fire departments, emergency response teams with the layout of the facility, properties of the waste being handled, and general operations as appropriate for the type of waste and potential need for such services.

Review procedures employed by facility management to familiarize the hospital with the site and the types of injuries that could result in an emergency as appropriate for the type of waste and potential need for such services.

(NOTE: Where state or local authorities decline to enter into arrangements, the facility must document this refusal in the operating record.)

Personnel Training

HW.45. All facility personnel who handle hazardous waste must meet certain training requirements (40 CFR 262.34(a)(4); 40 CFR 265.16(a) through 265.16 (c)).

Ensure that the facility personnel complete classroom instruction or on-the-job training as set forth below:

Verify that the training program is directed by a person trained in hazardous waste management procedures and that the program includes instruction which teaches facility personnel hazardous waste management procedures relevant to positions in which they are employed.

Although not specified by the regulations, examples of training topics for hazardous waste management procedures could include (but would not be limited to) the following:

- Waste turn in procedures

- Identification of hazardous wastes

- Container use, marking, labeling and on-site transportation

- Manifesting and off-site transportation

- 90 day storage area management

- Personal health and safety and fire safety

Verify that the training program includes contingency plan implementation and is designed to ensure that facility personnel are able to respond to emergencies including (where applicable):

- Key parameters for automatic waste feed cut-off systems

- Procedures for using, inspecting, repairing, and replacing emergency and monitoring equipment

- Operation of communications and alarm systems

- Response to fire or explosion

- Response to groundwater contamination incidents

- Response to leaks or spills

- Shutdown of operations.

Verify that new employee training is completed within six months of employment/ assignment.

Verify that an annual review of initial training is provided.

Verify that employees do not work unsupervised until training is completed.

Verify specifically that waste storage area managers and hazardous waste handlers have been trained.

HW.46. Training records must be maintained for all facility staff who manage hazardous waste (40 CFR 262.34(a)(4); 40 CFR 265.16(d) and 265.16(e)).

Verify that training records include the following by examination:

- Job title and description for each employee by name

- Written description of how much training each position will obtain

- Documentation of training received by name.

Determine if training records are retained for three years for former employees.

Determine if training records on current employees are maintained. (NOTE: Training records on current employees must be maintained until the closure of the facility.)

Contingency Plans and Emergency Coordinators

HW.47. Generators must have a contingency plan (40 CFR 262.34(a)(4) and 40 CFR 265.50 through 265.54).

(NOTE: Generating activities may be addressed in the facility's SPCC plan or other emergency plan, or if none exists, in a separate contingency plan.)

Verify that the contingency plan is designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents.

Verify that the plan includes the following:

- A description of actions to be taken during an emergency

- A description of arrangements made with local police departments, fire departments, hospitals, contractors, and state and local emergency response teams as appropriate

- Names, addresses, and phone numbers of all persons qualified to act as emergency coordinator (if more than one name is listed, the plan must identify one person as the primary emergency coordinator with other persons listed in the order in which they will assume responsibility as an alternate)

- A list of all emergency equipment at the facility and where this equipment is required, located, and what it looks like

- An evacuation plan for facility personnel where there is a possibility evacuation would be needed.

Verify that copies of the contingency plan and all revisions are maintained at the facility and also have been submitted to organizations which may be called upon to provide emergency services.

Verify that the contingency plan is routinely reviewed and updated, especially when:

	The applicable regulations are revised
	The plan fails in an emergency
	The facility changes (e.g., in its design, construction, operation, maintenance) in a way that materially increases the potential for fires, explosions, or oreleases of hazardous constituents or changes the response necessary in an emergency
	The list of emergency coordinators changes
	The list of emergency equipment changes.

HW.48. Each generator must have an emergency coordinator on the facility premises or on call at all times (40 CFR 262.34(a)(4) and 40 CFR 265.55).

Verify that, at all times, there is at least one employee at the facility or on call with responsibility for coordinating all emergency response measures.

Verify that the emergency coordinator is thoroughly familiar with the facility, including all operations and activities at the facility, the location of all records within the facility, the facility layout, the characteristics of the waste handled, and the provisions of the contingency plan. In addition, verify the emergency coordinator has the authority to commit the resources needed to carry out the contingency plan.

HW.49. Emergency coordinators at generators must follow certain emergency procedures whenever there is an imminent or actual emergency situation (40 CFR 262.34(a)(4) and 40 CFR 265.56(a) through 265.56(i)).

Verify that the emergency coordinator is required to follow these emergency procedures:

- Immediately activate facility alarms or communication systems and notify appropriate facility, state, and local response parties

- Identify the character, exact source, amount, and a real extent of any released materials

- Assess possible hazards to human health or the environment, including direct and indirect effects (e.g., release of gases, surface runoff from water or chemicals used to control fire or explosions, etc.)

Take all reasonable measures necessary to ensure that fires, explosions and releases do not occur, recur, or spread to other hazardous waste at the facility. These measures must include where applicable:

-- stop processes and operations at the facility when necessary to prevent fires, explosions, or further releases

-- collect and contain the released waste

-- remove or isolate containers when necessary

- Monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment whenever appropriate

Provide for treatment, storage, or disposal of recovered waste, contaminated soil, or surface water, or other material immediately after emergency

Ensure that no waste that may be incompatible with the released material is treated, stored, or disposed of until cleanup is completed

- Ensure that all emergency equipment is cleaned and fit for its intended use before operations are resumed

- Notify EPA, and appropriate state and local authorities that the facility is in compliance with 40 CFR 265.56(h) before operation resumes.

HW.50. Generator operators must record the time, date, and details of any incident that requires implementing the contingency plan (40 CFR 262.34(a)(4) and 40 CFR 265.56(j)).

Review facility operating records to determine if incidents have been recorded and corrective actions taken.

Verify that written reports have been submitted to the regulatory agency within 15 days after the incident.

Containers

HW.51. Empty containers at generators previously holding hazardous wastes must meet the regulatory definition of empty before they are exempted from hazardous waste requirements (40 CFR 261.7).

Verify that for containers or inner liners holding hazardous wastes:

- Wastes are removed that can be removed using practices commonly employed to remove materials from that type of container (e.g., pouring, pumping, and aspirating), and

- No more than 2.5 cm (1 in.) of residue remains, or

- If the container is less than or equal to 110 gal. (416.40 L), no more than 3 percent by weight of total container capacity remains, or

- When the container is greater than 110 gal. (416.40 L), no more than 0.3 percent by weight of the total container capacity remains.

Verify that for containers that held a compressed gas, the pressure in the container approaches atmosphere.

Verify that for a container or inner liner that held an acute hazardous waste listed in Appendix E, one of the following is done:

- It is triple rinsed

- It is cleaned by another method identified through the literature or testing as achieving equivalent removal

- The inner liner is removed.

Verify that the rinse water has been tested.

HW.52. Containers used to store hazardous waste at generators must be in good condition and not leaking (40 CFR 262.34(a)(1)(i) and 265.171).

Verify that containers are not leaking, bulging, rusting, damaged or dented.

Verify that waste is transferred to a new container or managed in another appropriate manner when necessary.

HW.53. Containers used at generators must be made of or lined with materials compatible with the waste stored in them (40 CFR 262.34(a)(1)(i) and 265.172).

Verify that containers are compatible with waste. For example, check that strong caustics and acids are not stored in metal drums.

HW.54. Containers must be closed during storage and handled in a safe manner at generators (40 CFR 262.34(a)(1)(i) and 265.173).

Verify that containers are closed except when it is necessary to add or remove waste (check bungs on drums, look for funnels).

Verify that handling and storage practices do not cause damage to the containers or cause them to leak.

HW.55. The handling of incompatible wastes, or incompatible wastes and materials in containers at generators must comply with safe management practices (40 CFR 262.34(a)(1)(i) and 265.177).

Verify that incompatible wastes or incompatible wastes and materials are not placed in the same containers unless it is done so that it does not:

- Generate extreme heat or pressure, fire, or explosion, or violent reaction

- Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health

- Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions

- Damage the structural integrity of the device or facility

- By any other like means threaten human health or the environment

(NOTE: Incompatible wastes, as listed in Appendix F, should not be placed in the same drum.)

Verify that hazardous wastes are not placed in an unwashed container that previously held an incompatible waste or material.

HW.56. Containers used to store hazardous waste at generators should be managed in accordance with specific management practices (MP).

Verify the following by inspecting container storage areas:

- Containers are not stored more than 2 high and have pallets between them

- Containers of highly flammable wastes are electrically grounded (check for clips and wires and make sure wires lead to ground rod or system)

- At least 3 ft. (0.91 m) of aisle space is provided between rows of containers.

HW.57. Containers with design capacities greater than 0.1 m³ [~26 gal.] and less than or equal to 0.46 m³ [~122 gal.] into which hazardous waste is placed are required to meet specific design and operating standards (40 CFR 262.34(a)(1)(i), 265.178, 265.1087(a) through 265.1087(b)(1)(i), and 265.1087(c)).

(NOTE: The requirements of 40 CFR 265.1087 do not apply to containers in which all the hazardous waste entering the container meets one of the following (40 CFR 265.1083(c)):

- The average VO concentration of the hazardous waste at the point of waste origination is less than 500 ppmw

- The organic content of the hazardous waste entering the waste management unit has been reduced by an organic destruction or removal process

- The waste meets the numerical concentration limits for organic hazardous constituents as specified in 40 CFR 268.40 or has been treated by the treatment technology established by the regulatory agency for the waste in 268.42(a) or an equivalent method approved by the regulatory agency pursuant to 268.42(b).)

(NOTE: These requirements do not apply to a container that has a design capacity less than or equal to 0.1 m³ [~26 gal.] (40 CFR 265.1080(b)(2)) or to containers of any size at satellite accumulation points.)

(NOTE: Standards for containers used in waste stabilization processes (40 CFR 265,1087(b)(2)) are in checklist item HW.59.)

Verify that, for containers with a design capacity greater than 0.1 m³ [~26 gal.] and less than or equal to 0.46 m³ [~122 gal.], air emissions are controlled according to the following Container Level 1 standards:

- A container that meets applicable U.S. DOT regulations on the packaging of hazardous materials for transportation

- A container that is equipped with a cover and closure devices that form a continuous barrier over the container openings so that when the cover and closure devices are secured in the closed position there are not visible holes, gaps or other open spaces into the interior of the container

- An open-top container in which an organic vapor suppressing barrier is placed on or over the hazardous waste in the container so that no hazardous waste is exposed to the atmosphere.

Verify that when a container using Level 1 standards, other than DOT approved containers, is used, it is equipped with covers and closure devices composed of suitable materials to minimize exposure of the hazardous waste to the atmosphere and to maintain the equipment integrity for as long as it is in service.

Verify that, whenever waste is in a container using Level 1 controls, covers and closure devices are installed and closure devices are secured and maintained in the closed position except as follows:

- Opening of a closure device or cover is allowed for adding waste or other material to the container as follows:

-- when the container is filled to the intended final level in one continuous operation, the closure device is secured in the closed position and the cover is installed at the conclusion of the filling operation

-- when discrete batches or quantities of material are added intermittently to the container over a period of time, the closure devices are secured in the closed position and covers installed upon either the container being filled to the intended final level, the completion of a batch loading after which no additional material will be added to the container within 15 minutes, the person performing the loading operation leaving the immediate vicinity of the container, or the shutdown of the process generating the material being added to the container, whichever condition occurs first.

HW.57. (continued)

- Opening of a closure device or cover is allowed for removing the hazardous waste as follows:

-- in order to meet the requirements for an empty container

-- when discrete quantities or batches of material are removed from the container but the container is not empty, the closure devices will promptly be returned to the closed position and the covers installed upon completion of batch removal after which no additional material will be removed within 15 minutes or the person performing the unloading leaves the immediate vicinity, whichever condition occurs first

- Opening of a closure device or cover is allowed when access inside the container is needed to perform routine activities other than transfer of hazardous waste

- Opening of a spring loaded, pressure vacuum relief valve, conservation vent, or similar type of pressure relief device which vents to the atmosphere is allowed during normal operations for the purpose of maintaining internal container pressure

- Opening of a safety device to avoid unsafe conditions.

HW.58. Containers with design capacities greater than 0.46 m³ [~122 gal.] into which hazardous waste is placed are required to meet specific design and operating standards (40 CFR 262.34(a)(1)(i), 265.178, and 265.1087(a) through 265.1087(b)(1)(ii), 265.1087(b)(1) (iii), 265.1087(c), and 265.1087(d)).

(NOTE: The requirements of 40 CFR 265.1087 do not apply to containers in which all the hazardous waste entering the container meets one of the following (40CFR 265.1083(c)):

- The average VO concentration of the hazardous waste at the point of waste origination is less than 500 ppmw

- The organic content of the hazardous waste entering the waste management unit has been reduced by an organic destruction or removal process

The waste meets the numerical concentration limits for organic hazardous constituents as specified in 40 CFR 268.40 or has been treated by the treatment technology established by the regulatory agency for the waste in 268.42(a) or an equivalent method approved by the regulatory agency pursuant to 268.42(b).)

(NOTE: Standards for containers used in waste stabilization processes (40 CFR 265.1087(b)(2)) are in checklist item HW.59.)

Verify that, for containers with a design capacity greater than 0.46 m³ [~122 gal.] that are not in light material service, air emissions are controlled according to the following Container Level 1 standards:

- A container that meets applicable U.S. DOT regulations on the packaging of hazardous materials for transportation

- An open-top container in which an organic vapor suppressing barrier is placed on or over the hazardous waste in the container so that no hazardous waste is exposed to the atmosphere.

HW.58. (continued)

Verify that, for containers with a design capacity greater than 0.46 m³ [~122 gal.] that are in light material service, air emissions are controlled according to the following Container Level 2 standards:

- A container is used that meets applicable U.S. DOT regulations on the packaging of hazardous materials for transportation

- A container is used that operates with no detectable organic emissions

- A container is used that has been demonstrated within the preceding 12 months to be air tight.

(NOTE: Level 2 standards apply only to containers that are in light material service. For the containers that are not in light material service, Level 1 standards apply. (See 40 CFR 265.1087(b)(ii) and (iii).)

Verify that when a container using Level 1 standards, other than DOT approved containers, is used it is equipped with covers and closure devices composed of suitable materials to minimize exposure of the hazardous waste to the atmosphere and to maintain the equipment integrity for as long as it is in service.

Verify that whenever waste is in a container using Level 1 or Level 2 controls, covers and closure devices are installed and closure devices are secured and maintained in a closed position except as follows:

- Opening of a closure device or cover is allowed for adding waste or other material to the container as follows:

-- when the container is filled to the intended final level in one continuous operation, the closure devices are secured in the closed position and the covers installed at the conclusion of the filling operation

-- when discrete batches or quantities of material are added intermittently to the container over a period of time, the closure devices are promptly secured in the closed position and covers installed upon either:

--- the container being filled to the intended final level

--- the completion of a batch loading after which no additional material will be added to the container within 15 minutes

--- the person performing the loading operation leaving the immediate vicinity of the container

--- the shutdown of the process generating the material being added to the container, whichever condition occurs first

- Opening of a closure device or cover is allowed for removing the hazardous waste as follows:

-- in order to meet the requirements for an empty container

-- when discreet quantities or batches of material are removed from the container but the container is not empty, the closure devices are promptly secured in the closed position and the covers installed either:

--- upon completion of batch removal after which no additional material will be removed within 15 minutes

--- the person performing the unloading leaves the immediate vicinity, whichever condition occurs first

- Opening of a closure device or cover is allowed when access inside the container is needed to perform routine activities other than transfer of hazardous waste

- Opening of a spring loaded, pressure vacuum relief valve, conservation vent, or similar type of pressure relief device which vents to the atmosphere and is allowed during normal operations for the purpose of maintaining internal container pressure

- Opening of a safety device to avoid unsafe conditions.

HW.58. (continued) Verify that the transfer of hazardous waste in or out of containers meeting Container Level 2 controls is done in a manner to minimize exposure of the hazardous waste to the atmosphere (i.e., a submerged fill pipe, a vapor balancing system, a vapor recovery system, a fitted opening in the top of the container through which the hazardous waste is filled and subsequently purge the transfer line before removing it). HW.59. Containers with design capacities greater than 0.1 m³ [~26 gal.] used for the treatment of a hazardous waste by a waste stabilization process are required to meet specific design and operating standards (40 CFR 262.34(a)(1)(i), 265.178, 265.1087(a) through 265.1087(b)(2), and 265.1087(e)(1) through 265.1087(e)(3)). (NOTE: The requirements of 40 CFR 265.1087 do not apply to containers in which all the hazardous waste entering the container meets one of the following (40 CFR 265.1083(c)):

- The average VO concentration of the hazardous waste at the point of waste origination is less than 500 ppmv

- The organic content of the hazardous waste entering the waste management unit has been reduced by an organic destruction or removal process

(NOTE: Safety devices may be installed and operated as necessary.)

Verify that containers with design capacities greater than 0.1 m³ [~26 gal.] used for the treatment of a hazardous waste by a stabilization process meet the following Container Level 3 standards at those times during the waste stabilization process when the hazardous waste in the container is exposed to the atmosphere:

	A container is vented directly through a closed-vent system to a control device
	A container is vented inside an enclosure which is exhausted through a closed-vent system to a control device
	The container closure is designed and operated in accordance with the criteria for a permanent total enclosure under 40 CFR 52.741
	The closed-vent system and control device is designed and operated in accordance with 265.1088 (see checklist item HW.62).

HW.60. Facilities are required to have a written plan and schedule for inspection and monitoring requirements for containers and meet specific inspection requirements (40 CFR 262.34(a)(1)(i), 265.178, 265.1087(c)(4), 265.1087(d)(4), and 265.1089). (NOTE: These requirements do not apply to a container that has a design capacity less than or equal to 0.1 m³ [~26 gal.] (40 CFR 265.1080(b)(2)) or to containers of any size at satellite accumulation points.)

Verify that the facility has a written plan and schedule for performing inspections and monitoring.

Verify that the plan and schedule are being met.

Verify that inspections of the containers and their covers and closure devices for containers using Container Level 1 or Level 2 controls are done as follows:

	When a hazardous waste is already in the container when it is first accepted and the container is not emptied within 24 hours after it is accepted, it is visually inspected within 24 hours after acceptance for cracks, holes, gaps, or other open spaces
	When a container is used for managing hazardous waste for 1 year or more, it is visually inspected at least once every 12 months for visible cracks, holes, gaps, or other open spaces when the cover and closure devices are secured in the closed position.

Verify that when a defect is detected, the first efforts at repairs are within 24 hours after detection, and repair is completed as soon as possible but no later than 5 calendar days after detection.

(NOTE: If repair cannot be completed within 5 calendar days, the hazardous waste must be removed from the container.) HW.61. Facilities are required to meet documentation requirements for containers (40 CFR 262.34(a)(1)(i), 265.178, 265.1087(c)(5), 265.1090(a), and 265.1090(d) through 265.1090(i). (NOTE: These requirements do not apply to a container that has a design capacity less than or equal to 0.1 m³ [~26 gal.] (40 CFR 265.1080(b)(2)) or to containers of any size at satellite accumulation points.)

Verify that a copy is available of the procedure used to determine that containers with a capacity of 0.46 m³ [~122 gal.] or greater which do not meet DOT standards are not managing hazardous waste in light material service.

Verify that if using Container Level 3 air emissions controls, the facility prepares and maintains records that:

Include the most recent set of calculations and measurements performed by the owner/operator to verify that the enclosure meets the criteria of a permanent total enclosure as specified in 40 CFR 52.741, Appendix B

The same records as required for closed-vent systems.

Verify that if using a closed-vent system and control device, the following records are maintained:

	Certification that is signed and dated by the owner/operator stating that the control device is designed to operate at the performance level documented by a design analysis or by performance tests when the container is operating at capacity or the highest level reasonably expected to occur
	Design documents if design analysis is used, including certification that the equipment meets the applicable specification
	A performance test plan if performance tests are used and all test results
	Description and date of each modification, as applicable
	Identification of operating parameters, description of monitoring devices, and diagrams of monitoring sensor locations, as applicable
	Semiannual records of the following for those planned routine maintenance operations that would require the control device to exceed limitations:

-- a description of the planned routine maintenance that is anticipated to be performed for the control device during the next 6-month period, including the type of maintenance needed, planned frequency, and lengths of maintenance periods.

-- a description of the planned routine maintenance that was performed for the control device during the previous 6-month period, including the type of maintenance performed and the total number of hours during those 6-months that the control device did not meet applicable requirements

Records of the following for those unexpected control device system malfunctions that would cause the control device to not meet specifications:

-- the occurrence and duration of each malfunction of the control device system

-- the duration of each period during a malfunction when gases, vapors, or fumes are vented from the waste management unit through the closed-vent system to the control device while the control device is not properly functioning

-- actions taken during periods of malfunction to restore a malfunctioning control device to its normal or usual manner of operation

-- records of the management of the carbon removed from a carbon adsorption system.

Verify that, for exempted containers, the following records are prepared and maintained as applicable:

If exempted under the hazardous waste concentration conditions, information used for the waste determination in the facility operating log and/or the date, time, and location of each waste sample if analysis results for samples are used

If exempted under incinerator use or process destruction use, the identification number for the incinerator, boiler, or industrial furnace in which the hazardous waste is treated.

HW.61. (continued) Verify that covers designated as unsafe to monitor are listed in a log kept in the facility operating record with an explanation of why they are unsafe to inspect and monitor and a plan and schedule of inspection and monitoring is recorded.

Verify that, for containers not using the air emissions controls specified in 40 CFR 265.1085 through 265.1088 (see checklist items HW.57 through HW.62), the following information is maintained:

	A list of the individual organic peroxide compounds manufactured at the facility if it produces more than one functional family of organic peroxides or multiple organic peroxides within one functional family, and one or more of these organic peroxides could potentially undergo self-accelerating thermal decomposition at or below ambient temperatures
	A description of how the hazardous waste containing the organic peroxide compounds identified in the above list are managed, including:

-- a facility identification number for the container or group of containers

-- the purpose and placement of this container or group of containers in the management train of this hazardous waste

-- the procedures used to ultimately dispose of the hazardous waste handled in the containers

Explanations why managing these containers would be an undue safety hazard.

Verify that all records, except design information records, are kept for at least 3 years.

Verify that design information records are maintained in the operating record until the air emissions control equipment is replaced or otherwise no longer in service.

(NOTE: See also the recordkeeping requirements for carbon adsorption units in checklist item HW.65.) HW.62. Facilities are required to meet specific requirements for closed-vent systems and control devices used to achieve compliance (40 CFR 262.34(a)(1)(i), 265.178, and 265.1088). (NOTE: The requirements of 40 CFR 265.1088 do not apply to containers in which all the hazardous waste entering the container meets one of the following (40 CFR 265.1083(c)):
- The average VO concentration of the hazardous waste at the point of waste origination is less than 500 ppmw
- The organic content of the hazardous waste entering the waste management unit has been reduced by an organic destruction or removal process
The waste meets the numerical concentration limits for organic hazardous constituents as specified in 40 CFR 268.40 or has been treated by the treatment technology established by the regulatory agency for the waste in 268.42(a) or an equivalent method approved by the regulatory agency pursuant to 268.42(b).)

Verify that closed-vent systems meet the following:

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