Miscellaneous questions and answers

DOT and EPA Hazmat Transportation

1. How often is Department of Transportation (DOT) training required for hazmat employees?

Answer: DOT hazardous materials training requirements are found in 49 CFR 172 Subpart H. Initial training is required within 90 days of employment or change in duties that cause the training requirement to apply. DOT requires recurrent training every 3 years thereafter. However, Army policy requires recurrent training every 2 years. (The Corps HTRW CX requested that the Army change their policy to match that of DOT, however, the Army denied the requested.)

2. Must a manifest be used to transport hazardous waste via public highway when remaining within a single CERCLA area of contamination (AOC)?

Answer: Sometimes a manifest is required and other times it is not. Per 40 CFR 262.20(a), " A generator who transports, or offers for transportation, hazardous waste for offsite treatment, storage, or disposal must prepare a manifest." However an exemption from manifesting is provided in 40 CFR 262.20 (f) for "tranport of hazardous waste on a public or private right-of-way within or along the border of contiguous property under the control of the same person, even if such contiguous property is divided by a public or private right-of-way." So the answer to the question depends upon whether this is considered onsite or offsite transportation within the context of RCRA.

RCRA and CERCLA define "onsite" differently. RCRA defines onsite as, "the same or geographically contiguous property which may be divided by public or private right-of-way provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right of way. Non-contiguous properties owned by the same person but connected by a right-of-way which he controls and to which the public does not have access, is also considered on-site property. "(40 CFR 260.10). On the other hand, CERCLA defines "onsite" as "the real extent of contamination and all suitable areas in very close proximity to the contamination necessary for implementation of the response action." (40 CFR 300.5). Therefore transfer of waste between non-contiguous properties may be "onsite" within the CERCLA definition because it is within the same area of contamination, but may be "offsite" and in need of a manifest within the RCRA context because the property is not contiguous.

EPA addressed manifesting at CERCLA sites in the preamble to the National Contingency Plan on 8 Mar 1990, 55 Federal Register 8691 as follows:

"Finally, EPA wishes to clarify that even where noncontiguous facilities are treated as one site, activities at the aggregated site must comply with (or waive) substantive requirements of federal or state environmental laws that are ARARs. In addition, even where noncontiguous facilities are treated as one site, movement of hazardous waste from one facility to another will be subject to RCRA manifest requirements."

So the bottom line is that a manifest is needed when transporting hazardous waste on public highways between non-contiguous properties even when remaining within a single CERCLA AOC. Manifests are not required within or along borders of contiguous properties (unless required by more stringent State requirements), but bill of lading requirements for DOT hazardous materials may still apply

3. 49 CFR 172.604(a) requires a phone number to be designated on hazardous material shipping papers for "a person who is either knowledgeable of the hazardous material being shipped and has comprehensive emergency response and incident mitigation information for that material, or has immediate access to a person who possesses such knowledge." What is meant by "immediate access"?

Answer: The phrase "immediate access" means emergency response information must be accessible without delay. If the person answering the telephone does not possess the required knowledge, he/she must be able to directly connect the caller to such a person. It is NOT acceptable for the person answering the telephone to take a message and have the call returned or to refer the caller to another telephone number. Reference: Research and Specials Programs Memo, 2 Jun 95.

4. Is manifest training required by DOT?

Answer: DOT requires hazmat employees training to include (1) general awareness/familiarization training, (2) function specific training, and (3) safety training. Though DOT never directly states that "manifest training" is required, those hazmat employees executing shipping papers that are hazardous waste manifests need manifest training to fulfill function specific training requirements.

Reference: 49 CFR 172 Subpart H.

5. Are Conditionally Exempt Small Quantity Generators required to be DOT trained?

Answer: Yes, if the CESQG meets the definition of a hazmat employee, "�a person who affects hazardous material transportation safety." Though CESQG waste is exempt from manifest requirements, hazardous material transportation regulations continue to apply. Therefore if the CESQG is preparing the material for shipment, signing bill of ladings for shipments, and/or is affecting transportation safety in any way, DOT training is required.

Reference: 49 CFR 172 Subpart H.

6. Are all hazardous wastes hazardous materials and vice versa?

Answer: No, all hazardous wastes are hazardous materials, but all hazardous materials are not hazardous wastes. Hazardous materials are regulated by DOT. Hazardous wastes are regulated by EPA. By definition, all hazardous wastes are also hazardous materials.

7. Is there a Corps guide specification related to manifesting?

Answer: The HTRW CX has prepared an excellent guide specification relating to the transportation and disposal of hazardous materials. Guide Specification CEGS 02120 can be found on the Internet at http://www.usace.army.mil/inet/usace-docs/.

8. If I have a DOT shipping document, who signs it?

Answer: Anyone that has been DOT trained may sign a DOT bill of lading. Typically Corps contracts should require the contractor to sign the bill of lading as prescribed in the guide specification.

9. DOT requires a 24-hour emergency telephone number monitored at all times. Do I have to carry a cell phone?

Answer: Yes, if you are the designated emergency point of contact on the manifest. In most instances, the Corps will require that the hazardous waste contractor provide this service via the contract.

10. Where is the requirement that I need "manifest training"?

Answer: There are no specific EPA or DOT regulations that require you to have "manifest training". Since the majority of environmental work performed by the Corps involves the transportation of hazardous waste, the Corps has decided to provide function specific training to its employees on the DOT regulations and the proper use of a hazardous waste manifest.

11. We use a Solvent Recycling company to recycle our solvents. They do not use a manifest for the solvents they take, do I still need DOT training?

Answer: This depends on whether or not the solvents meet a DOT hazard class. If the solvents do meet a DOT hazard class, then yes, in order to sign any paper work or to mark or label the drum, you must be DOT trained.

12. Who signs the manifest at FUSRAP sites?

Answer: In the past, FUSRAP contractors were executing manifests and other shipping documents on the Government's behalf. This will change as new contracts are awarded by USACE and as USACE members receive the appropriate training necessary to assume these responsibilities. Once training is received, the Corps will be signing manifests.

13. Who signs the manifest when OE is sent offsite?

Answer: If the OE CX is onsite executing the work, a representative of the OE CX or their contractor will sign all documents.

14. Who signs Waste Profile Sheets?

Answer: These forms are not a requirement of any EPA or DOT regulation, thus no one in particular is required to sign them. It is recommended that someone familiar with the waste stream and the chemistry associated with the waste stream sign the forms. Thus it is suggested that the project chemist sign them after review, or if necessary explain the information to the construction representative, then he/she can sign the forms.

15. Do my samples being sent to a lab require a manifest?

Answer: The samples being sent to a laboratory do not need a hazardous waste manifest if you comply with the RCRA sample exclusion in 40 CFR 261.4(d). However, if it is suspected that the sample would meet a DOT hazard class, a DOT shipping paper would be necessary.

16. Who signs the manifest for DERP work at a military installation?

Answer: It is the responsibility of the installation environmental coordinator to sign these manifests.

17. Is a manifest only required when shipping hazardous wastes?

Answer: No, a manifest is also required when shipping PCBs in accordance with the Toxic Substances Control Act, 40 CFR 761.

18. What additional information is always required on a manifest?

Answer: Though there is no block on the Uniform Hazardous Waste Manifest, 49 CFR 172 Subpart G requires the following information: Emergency point of contact, Emergency telephone number, Material Safety Data Sheet or Emergency Response Guide Number and Emergency Response Guide publication date.

19. Will all the waste leaving a Superfund or DERP site need a manifest?

Answer: No. There may be occasions when the materials being sent offsite are not a hazardous waste as defined by state or Federal regulation. In these cases, you do not have to use a manifest. If, however, your shipment is a hazardous material as defined by DOT, you may use a Bill of Lading in place of a manifest.

20. Can I use a manifest when shipping nonhazardous wastes?

Yes, but the hazardous wastes must be entered first in sequence on the manifest, then the nonhazardous materials can be entered.

21. What other paperwork accompanies the manifest?

Answer: The entire manifest package includes the manifest, lab analysis (profiles), land ban records and certifications, and a copy of the Material Safety Data Sheet or Emergency Response Guide information.

22. What are the manifest training requirements?

Answer: 49 CFR 172 Subpart H requires training for employees involved in transporting hazardous materials. This DOT regulation requires a refresher every 3 years, however DOD requires a refresher every 2 years.

23. Marine Pollutant requirements apply to waste shipped in all modes of transportation?

Answer: No. The Marine Pollutant provisions do not apply to nonbulk shipments by rail, highway, or air. (Nonbulk packages are packages that contain less than 119 gal of liquids or 882 lb of solids.) The provisions do apply to all bulk shipments by rail, highway, or air and all nonbulk and bulk shipments by vessel.

24. When packaging hazardous

RCRA Hazardous Waste

1. Are Conditionally Exempt Small Quantity Generators required to be DOT trained?

Answer: Yes, if the CESQG meets the definition of a hazmat employee, "�a person who affects hazardous material transportation safety." Though CESQG waste is exempt from manifest requirements, hazardous material transportation regulations continue to apply. Therefore if the CESQG is preparing the material for shipment, signing bill of ladings for shipments, and/or is affecting transportation safety in any way, DOT training is required.

Reference: 49 CFR 172 Subpart H.

2. Is the facility designated on the manifest the ultimate disposal facility?

Answer: No. The facility designated in block 9. of the manifest may be a RCRA permitted treatment, storage, or disposal facility.

3. How do I make sure my waste gets to the ultimate disposal facility?

Answer: While many people say that the manifest is a "cradle to grave" tracking form, that is not exactly accurate. The manifest tracks the waste from the generator to the TSDF identified in box 9. of the manifest. As discussed above, the TSDF does not have to be a disposal facility. Under RCRA there are no regulatory requirements for the storage or treatment facility to send the generator a copy of the manifest tracking the waste from their facility to ultimate disposal. However, you can contractually control this situation by requiring that the waste be tracked to ultimate disposal and that you are sent a copy of all manifests transporting the waste to ultimate disposal, prior to payment. (This will get their attention!) In addition, it is recommended that the generator contractually require a RCRA Certificate of Disposal (CD) from the facility treating and disposing of the wastes. Under RCRA there is no regulatory requirements for a TSDF to provide a CD.

4. Who is responsible for obtaining the EPA identification number?

Answer: If you are working at a military base, the base will already have a number for their facility that should be used. If you are at a Formerly Used Defense Site or FUSRAP site, the Corps will need to obtain the number. If you are working at an EPA site, the site will already have a number.

5. When should the Corps obtain the EPA identification number?

Answer: Typically it will take 30 days to obtain a number. Since the number must be placed onto the manifest, you must have the number prior to shipment. The number should be obtained during the design phase, if possible.

6. Is it possible to need two or three EPA identification numbers at a site under one contract?

Answer: Yes, it is very possible. An EPA ID number is needed for each site. A site, as defined in 40 CFR 260.10, is "...the same or geographically contiguous property which may be divided by public or private right-of-way, provided that the entrance and exit between the properties is at crossroads as opposed to traveling along the right-of-way." If your contractor is picking up waste from three different sites, he may need three different manifests with three different EPA numbers.

7. What are the recordkeeping requirements for manifests?

Answer: Copies of manifests and associated lab results must be kept on file for three years from the date the initial transporter accepted the waste in accordance with 40 CFR 262.40. Copies of exception reports and biennial reports must also be maintained for three years.

8. What are the recordkeeping requirements under the Land Disposal Restrictions (LDRs)?

Answer: Generators must retain onsite a copy of all notices, certifications, demonstrations, waste analysis data, and other documents produced pursuant to 40 CFR 268.7(a)(7) for at least 3 years.

9. What is the relationship between the CWA and RCRA regarding the management of waste-waters?

Answer: The most important thing to keep in mind is there is a natural hand off from RCRA to the CWA at the point of discharge. NPDES permitted discharges are excluded from RCRA. The collection, storage and treatment of waste- waters that are hazardous waste are not excluded processes. However, certain provisions are allowed if the collection storage and treatment occurs in a waste- water treatment unit (WWTU) as defined in 40 CFR 260.11. LDRs will never apply to NPDES permitted discharges, but they may apply to the disposal of sludge generated during the WWTU operation. The key is the design of the treatment unit, its permit status and whether ancillary equipment is truly part of the WWTU. A lot will depend on the site specific scenario.

10. When hazardous constituents corresponding to contaminants found in listed hazardous wastes are detected in soil, but the source of the contaminant can not be established, must a generator assume it was from a non-specific source and apply a listed waste code?

Answer: No. As EPA stated in the Federal Register on 29 April 1996, 61 FR 18792, "It has been the Agency's longstanding policy that in cases where the origin of the contaminants is unknown, the lead agency may assume that contaminants in media did not originate from listed hazardous wastes. (See e.g. 55 FR 8666, 8758, March 8 1990, and 53 FR 51394, 51444, (December 21, 1988)). It is generally the responsibility of the owner/operator or responsible party to make a good faith effort to determine whether hazardous constituents in media have originated from listed hazardous wastes. If the origin of the constituents in media cannot be determined, and the media do not exhibit a hazardous characteristic, the media would not be subject to Subtitle C regulations in the first place."

11. For common excavation type activities that are not remediation related nor occurring at a RCRA treatment, storage, or disposal facility, is it necessary to classify the soil under RCRA in order to determine whether the soil can be redeposited into the area from which it came?

Answer: When soils from common construction related excavations activities are to be sent offsite, they should be characterized under RCRA, but when they are being managed entirely on-site, it is not normally necessary. EPA stated it's position on this subject in a memo from Sylvia Lawrence, Director of Office of Solid Waste to Mr. Douglas H. Green on 11 June 1992. Excerpts from EPA's letter are provided below:

"The particular situation which you presented in your letter involves excavation of soils, such as trenching operations for pipeline installation, where the soils may be hazardous by characteristic, or may contain listed hazardous wastes. We understand that your questions specifically relates to excavations being conducted on public roadways or at other similar locations that are not necessarily associated with or part of a RCRA-regulated treatment, storage, or disposal facility.

In the example which you cited in your letter, the soils from the excavation or construction activities are temporarily moved within the area of contamination, and subsequently redeposited into the same excavated area. In these situations we agree that such activity does not constitute treatment, storage, or disposal of a hazardous waste under RCRA. The activity of placing waste in the ground would not normally meet the regulatory definitions of "treatment" or "storage"�. In the circumstances you described, the excavation does not "produce" the hazardous waste, nor does it subject the waste to hazardous waste regulation since as discussed above, the activity you described is not "treatment", "storage", or "land disposal" of hazardous waste. Therefore, we agree that the activity is not subject to any generator requirements."

CERCLA and Hazardous Substances

1. What determines whether a removal action is time-critical or non-time critical?

Answer: A removal action is considered time-critical when the lead agency, based on the site evaluation, determines that less than 6 months exists before on-site removal activity must begin. If a planning period of at least 6 months exists before on-site activities must be initiated, it is considered a non-time critical removal action.

If an action is deemed time-critical, the lead agency can initiate the action without undue delay. However, the lead agency must publish a notice of availability of the administrative record file in a major local newspaper of general circulation within 60 days of initiation of on-site removal activity; provide a public comment period of not less than 30 days from the time the administrative record file is made available for public inspection; and prepare written responses to significant comments. If the action is expected to extend beyond 120 days from initiation of on-site removal activities, the lead agency shall by the end of the 120 day period: conduct interviews with local officials, community residents, public interest groups or other interested parties; prepare a formal community relations plan; and establish at least one local information repository.

If an action is non-time critical, the lead agency cannot initiate the action until after certain activities are completed. They must conduct interviews with local officials, community residents, public interest groups or other interested parties; prepare a formal community relations plan; establish at least one local information repository; prepare an Engineering Evaluation/Cost Analysis (EE/CA) to evaluate alternatives; publish a notice of availability and brief description of the EE/CA in a major local newspaper; provide a comment period of not less than 30 days; and prepare written responses to comments.

Reference 40 CFR 300.415

2. When evaluating potential Applicable or Relevant and Appropriate Requirements (ARARs) during the Feasibility Study (FS) phase of CERCLA site remediation, contractors frequently include Clean Air Act (CAA) National Ambient Air Quality Standards (NAAQS) as action-specific ARARs. Is this correct?

No, it is not correct. NAAQS should not be considered ARARs for a site remediation. NAAQS represent concentrations of criteria pollutants (sulfur oxides, particulate matter, carbon monoxide, ozone, nitrogen dioxides and lead) which are considered to cause no adverse effects to humans or the environment (40 CFR 50). They are levels air quality regions/states must meet in order to be classified as "in attainment" with the standards. In other words, the NAAQS are concentration levels of criteria pollutants with which air quality regions must demonstrate compliance. NAAQS standards apply to the local air quality region office and not to any particular site. Frequently, contractors will list NAAQS as potential ARARs in the FS and /or will indicate that they constitute a project air emission limit. They were never intended for, nor should they be established as emission limits. If a particular site is going to emit large quantities (tons per year) of any of the six criteria pollutants there may be requirements within the State Implementation Plan (SIP) that will have to be met to ensure activities at the site do not cause the air quality region to exceed the NAAQS. An example of this might be a state requirement for a specific type of emission control technology for certain sources. However, the specific SIP requirement should be identified as the ARAR and not the NAAQS itself. Further information on this issue can be found in Volume II of EPA's "CERCLA Compliance with Other Laws Manual", August 1989 (EPA/540/G-89/009) or by calling Sandy Frye at the HTRW CX at 402-697-2635.

3. When performing CERCLA response actions at old non-hazardous military landfills under either FUDS or the IRP, is it necessary to use the Federal municipal solid waste landfill (MSWLF) closure requirements of 40 CFR 258?

It depends upon the state you are in and the last date waste was disposed of in the landfill. States are required to incorporate the requirements of 40 CFR 258 into their state solid waste regulations and in doing so are also allowed to establish requirements more stringent than the federal requirements. Therefore, when checking landfill closure requirements, it is essential that project personnel check state specific requirements. It is important to know when waste was last disposed of in the landfill in order to check the applicability of any closure regulations. The Federal closure requirements in 40 CFR 258 for MSWLFs do not apply to units that did not receive waste after 9 October 1991 (see 40 CFR 258.1(c)). Typically, the MSWLFs addressed under the IRP or FUDS programs are usually of the type that stopped receiving waste in the 40's to the 70's. These landfills would not be subject to the closure requirements of 40 CFR 258. However, many states have incorporated earlier dates into their state specific regulations (e.g. Colorado has requirements specified for landfills receiving waste after 1967). Therefore, it is essential that project personnel research the state solid waste regulations for landfill closure requirements and that they check the dates of applicability of those regulations.

If state landfill closure regulations do not apply to your particular landfill, you should perform a CERCLA risk-based closure. This means you need to evaluate risk posed by the landfill to current receptors and potential future receptors (both human and ecological). Specific closure activities should be based upon the risk assessment and can range from no-further-action to complete capping and full scale groundwater monitoring. Closure actions should be site specific and based upon depth to groundwater, climatology, soil type, groundwater use and classification, future land use, potential receptors and other aspects incorporated into the risk evaluation for the site.

4. What is a hazardous substance?

Answer: Hazardous substances are listed in 40 CFR 302. You must have the material above the level stated in the table in 40 CFR 302 to have a hazardous substance by definition.

5. What is the importance of a hazardous substance?

Answer: There are several important implications. If your shipment contains a hazardous substance, the letters "RQ" must appear on the manifest in association with the basic shipping description. If you spill a hazardous substance (an "RQ"), you must notify the National Spill Response Center in Washington, DC. Materials that are not hazardous wastes may still be regulated under DOT if you are shipping in one container an "RQ" of a hazardous substance. In this case, the material would be a hazardous material regulated under DOT.

6. What is an "RQ"?

Answer: Reportable quantity. This is the amount, if spilled, that must be reported immediately to the National Spill Response Center in Washington, DC.

7. What is the telephone number of the National Response Center?

Answer: The number is (800) 424-8802. The number is manned by the U.S. Coast Guard 24 hour per day.

PCBs and Toxic Substances Control Act

1. If a transformer has high voltage bushings that contain >500 ppm PCBs, would registration of this transformer be required under the new rulemaking by EPA.

Answer: The oil in the bushings is separate from the oil in the transformer. Registration with EPA is only required if the transformer is a PCB transformer (500 ppm or greater PCB). Transformer registration requirements can be found in 40 CFR 761.30(a)(vi)(A).

2. Does the EPA have to be notified when fluorescent light ballasts are removed from a building?

Answer: No. Fluorescent light ballasts contain a PCB small capacitor. Disposers should be aware that they could be subject to CERCLA liability if that disposal site is a municipal solid waste landfill that later becomes a Superfund site. Also keep in mind, you must notify the National Response Center at (800) 424-8802 when disposing of a pound or more of PCBs (roughly equivalent to 12-16 fluorescent ballasts) in a 24-hour period.

3. We have PCBs and debris that was manifested and shipped to a disposal facility. The shipment did not reach the facility within the required 45-day window. What are the necessary notification requirements?

Answer: As the generator, you must submit an exception report to the EPA Regional Administrator if you do not receive a closed copy of the manifest from the designated facility within 45 days of the waste shipment. Requirements for Exception Reporting can be found in 40 CFR 761.215.

4. Several transformers were removed from service in 1998, and are being stored for reuse in the future. Are there storage restrictions pertaining to these items for reuse?

Answer: Yes. Previously, PCB articles removed from service and stored for reuse could be stored indefinitely, without restrictions. EPA has added a new section (40 CFR 761.35) that specifically regulates PCB articles that are being stored for potential reuse. Storage without meeting the requirements of 40 CFR 761.65(b) (conforming storage) is allowed for up to five years from the date the item(s) was removed from service, or the effective date of the final rule (28 August 1998), whichever is first. The "use" requirements in 761.30 must be followed, as well as marking (761.40) and recordkeeping requirements (761.180). The EPA can grant additional storage periods upon written request for an extension. The item-by-item justification for the desired extension must be submitted at least 6 months before the 5-year storage for reuse period ends.

5. Do I need an EPA identification number when shipping PCBs?

Answer: Not under Federal regulation. Under Federal regulation you can place "40 CFR PART 761" in block #1 of the manifest in accordance with 40 CFR 761.205. States that regulate PCBs as hazardous waste may require a specific EPA identification number.

6. Do land ban records need to accompany a manifest when shipping PCBs offsite?

Answer: No, if the waste is strictly PCB dielectric fluid. 40 CFR 261.8 exempts PCB dielectric fluid from RCRA regulation and hence the land disposal restrictions do not apply.

7. When shipping PCBs, does the manifest need to contain any special information?

Answer: Yes, 40 CFR 761.207 requires that the weight of the PCBs be in kilograms, the date removed from service be on the manifest, and a unique identifying number be placed on the manifest. Also, all emergency information as required by 49 CFR 172 Subpart G must be included.

8. Is getting the comeback copy of the manifest sufficient when closing out a shipment of PCBs?

Answer: No, 40 CFR 761.218 requires that you also receive a certificate of disposal. 40 CFR 761.208 requires that the generator obtain, by telephone or other means, confirmation that the waste was received at the TSDF by close of business the day he receives the comeback copy of the manifest.

9. Section 761.50(b)(4) regulates disposal of PCB bulk product waste if the waste was > 50 ppm when removed from service. Understanding that there is no specific use authorization for materials covered with PCB contaminated paint, is there any burden on a generator to determine PCB concentration of these materials prior to removal from service?

Answer: There is currently no use authorization for paint containing PCBs. However, there is no regulatory requirement to test paint in use to determine its PCB concentration. Paint containing PCBs at concentrations >50 ppm are regulated for disposal whether or not someone has measured their concentration. You may dispose of the dried paint based either on its PCB concentration under CFR#761.62(a), on its leaching characteristics under CFR#761.62(b), or in accordance with a risk-based approval under CFR#761.62(c).

10. What is the difference between storage for disposal and storage for reuse?

Answer: You may store a PCB Article for reuse if you plan to reuse the article and you maintain it in usable condition. In that case, you must follow the storage for reuse requirements at CFR#761.35. If you are storing PCBs, including a PCB Article, that you do not plan to reuse or that you have decided to dispose of, then the PCBs are in storage for disposal and you must follow the storage for disposal requirements at CFR#761.65.

11. I am storing a PCB Article that has never been used. Is the article in "storage for reuse?"

Answer: If you have a PCB Article in storage, under the regulations you must treat it as either in storage for reuse or in storage for disposal, depending on whether you intend to use or to dispose of the article when you remove it from storage. You do not have to have used the article in the past for the article to be in storage for reuse. If you do not intend to use the article, it is in storage for disposal, and you must dispose of it within one year of the date you decide to dispose of it.

12. What is the status of equipment that I have taken out of service but am still evaluating for use or disposal? For example, I have had a transformer tested for PCB concentration, but the results are not yet available. Is the transformer in use, in storage for disposal, or in storage for reuse?

Answer: You must treat a transformer or other PCB Article that is removed from service as either in storage for reuse or in storage for disposal. If you have not yet determined to dispose of the transformer, treat it as in storage for reuse.

13. Are bushings PCB Articles subject to storage for reuse requirements?

Answer: Yes, if bushings contain PCBs. A "PCB Article" is a manufactured article whose surface has been in contact with PCBs. See definitions under CFR#761.3.)

14. If I remove a PCB Article from service for testing, and have not determined whether it will be serviced and reused or disposed of, when does the five-year limit for storage for reuse begin?

Answer: The five-year time limit begins on the date the article is disconnected from the electrical system. The article is considered in storage for reuse until you determine it does not contain PCBs, place the article back in service by reconnecting it to the system, or decide to dispose of it.

15. Under the Disposal Amendments, if a laboratory is storing for disposal a container of hazardous liquid waste generated from PCB analysis (such as spend solvent / hexane extract, deionized water, PCB oil sample, or reagent blanks), should the waste be labeled and disposed of as only RCRA hazardous waste and not PCB waste?

Answer: If the waste contains regulated levels of PCBs, it must be marked, stored, and disposed of in accordance with the PCB regulations, as well as in accordance with applicable RCRA regulations.

16. May a facility that does not have access to a RCRA or TSCA disposal facility store PCB bulk product waste from a demolition project on its site?

Answer: The facility may store PCB bulk product waste at the demolition site for 180 days provided specified conditions are met to prevent migration or dispersal of the waste. (See CFR#761.65(c)(9).) Alternatively, the facility may apply for a risk-based storage approval under CFR#761.62(c).

TANKS

1. The deadline for tank owners to upgrade their underground storage tanks (USTs) with corrosion, spill and overfill protection as required by the Resource Conservation & Recovery Act has passed. If we have underground tanks that do not meet the December 1998 upgrade requirements, what options do we have available to avoid EPA penalties?

Answer: If the tank was not upgraded by 12/22/98, and thus not in compliance with the Part 280 standards, EPA requires that it be temporarily closed until the work needed to upgrade, replace, or permanently close the UST is completed. Under the federal regulations, an UST may remain in temporary closure for up to 12 months unless the owner/operator completes a site assessment and obtains an extension from the UST program implementing agency (EPA or the state). But keep in mind that states and the EPA are not obliged to grant such extensions. Tanks that are in violation of the UST regulations can be subject to penalties of up to $11,000 per day for each violation.

Right to know act

1. In complying with Emergency Planning and Community Right-to-Know (EPCRA) requirements, are DoD installations required to pay filing fees to states that have fee programs or to pay fines for not complying with EO 12856?

The answer to this question is twofold. DoD installations (this includes Civil Works Projects and Facilities) do not have to pay state EPCRA filing fees. The payment of filing fees to a state constitutes taxation and the federal government does not pay taxes to states.

EPA cannot levy fines against DoD installations (again, this includes Civil Works Projects and Facilities) for violations of EPCRA. EO 12856 did not give EPA authority to fine DoD facilities. It did, however, in section 5-504, authorize EPA to conduct inspections at DoD facilities to monitor compliance with EPCRA reporting requirements.

This and other helpful information for federal facility compliance with EPCRA can be found in EPA's guidance for compliance with EPCRA as required under EO 12856 at http://es.epa.gov/oeca/fedfac/policy/qa-tri.html

Clean air

1. When demolishing a building, asbestos surveys show that there is no asbestos present in the structure save for joint compound material found throughout the non-asbestos wallboard material. How is this material regulated?

EPA, under the asbestos National Emission Standards for Hazardous Pollutants (NESHAP) in Subpart M to 40 CFR 61, allows for composite sampling of the wallboard/joint compound matrix. If the composite samples are less than 1% asbestos, the NESHAP requirements do not apply. This includes the disposal of the wallboard at a permitted asbestos disposal facility. EPA clarified this issue in a Federal Register notice on January 5, 1994 (59 FR 542) in which EPA states, "When joint compound and/or tape is applied to wallboard, it becomes an integral part of the wallboard and in effect becomes one material forming a wall system. Therefore, where a demolition or renovation impacts such a wall system, a composite analysis of the wall system (percent of asbestos in the joint compound, tape and wallboard) should be conducted." If the analysis shows less than 1% the activity would not be subject to the asbestos NESHAP.

However, keep in mind that OSHA does not recognize the "composite" approach to such wallboard/joint compound systems. If any component of the system (i.e., either the wallboard OR the joint compound exceed 1% asbestos, the OSHA asbestos standards will apply to the demolition/renovation activity. Therefore, it is possible for you to be subject to OSHA requirements but not the asbestos NESHAP.

2. Do I have to use an Asbestos Waste Shipment record?

Answer: No. EPA requires a form similar to the Waste Shipment Record. This can be a hazardous waste manifest or a DOT bill of lading. However, EPA requires certain piece of information, thus if a bill of lading or a manifest is used to transport asbestos, addition information required under 40 CFR 61.150 must be included on the shipping document.

3. Is a manifest required for shipping asbestos?

Answer: No. A Waste Shipment Record or a similar form is required under 40 CFR 61. A manifest may be used if additional information as specified in 40 CFR 61 is added to the manifest.

Lead based paint

1. When performing lead-based paint (LBP) removal activities, what training requirements for contractors should I include in the scope of work for the project?

LBP removal actions are regulated by EPA under the Toxic Substances Control Act (TSCA) and regulations for removal activities are found in Subpart L to 40 CFR 745. Currently, the only training/accreditation required is for LBP removal activities in target housing or child-occupied facilities. Target housing is defined by EPA in 40 CFR 745.223 as, "any housing constructed prior to 1978, except housing for the elderly or persons with disabilities (unless any one or more children age 6 years or under resides or is expected to reside in such housing for the elderly or persons with disabilities) or any 0-bedroom dwelling." A child-occupied facility has a more complex definition given as, "a building or portion of a building, constructed prior to 1978, visited regularly by the same child, 6 years of age or under, on at least two different days within any week (Sunday through Saturday period), provided that each day's visit lasts at least 3 hours and the combined weekly visit lasts at least 6 hours, and the combined annual visits last at least 60 hours." These types of facilities include daycare centers and preschool facilities.

If your project involves LBP abatement or removal from these regulated structures, your contractors will be required to be accredited in accordance with 40 CFR 745.226 and follow the work practice standards of 40 CFR 745.227. Basically, the LBP accreditation program mirrors EPA's Asbestos Model Accreditation Program (MAP). Training and accreditation is required for project inspectors, risk assessors, supervisors, workers, and designers.

Recertification must be accomplished every 3 years if the individual completed a training course with a course test and a hands-on assessment or every 5 years if the individual completed a training course with a proficiency test.

NPDES and Clean Water

1. The Clean Water Act is kind of complicated. What are the major parts?

Discharge of Oil: Oil discharge prohibitions are found in 40 CFR 110. Basically the release of oil into the environment which causes a sheen on surface water or otherwise impacts water quality standards is prohibited.

Spill Prevention criteria are found under 40 CFR 112. This section outlines when a Spill Prevention Control and Countermeasures (SPCC) plan is required and what the contents of that plan must be. Triggers for coverage include greater than 42,000 gallons underground storage of oil, including fuels, or greater that 1320 gallons stored above ground, or any single container with a volume of 660 gallons.

Storm Water Discharges: The regulations governing the management of storm water are found in 40 CFR 122.26. The key to the applicability of these regulations is the storm water must be in association with industrial activity. Those activities are specifically identified in the regulations. Not all storm water discharges are regulated, however it is the discharger's obligation to determine the scope at which their activity is regulated.

Discharges to Publicly Owned Treatment Works (POTW) . These regulations are also known as the National Pretreatment Standards and can be found in 40 CFR 403. The regulations set prohibitions on what industry can discharge to sanitary sewer systems as well as define the pretreatment program and POTW authorities. These types of discharges are frequently referred to as "indirect discharges."

Effluent Limit Guidelines for Industrial Subcategories: 40 CFR 405 - 471. This is where EPA has defined specific industrial activities and set their associated technology based effluent limits for existing and new sources of industrial discharges. Depending on the industry, there may be multiple standards including pretreatment for existing sources, pretreatment for new sources, and effluent limit guidelines for new and existing sources.

Sewage Sludge Sewage sludge regulations are found 40 CFR 501 - 503. These regulations define various classifications of sludge and what disposal or reuse options are available for facilities that generate these biosolids. Since there is the potential for pathogens in these materials, sterilization is an important criteria that must be met prior to the reuse of these materials. Three general options for disposal/reuse exit, incineration, land application, and resale. Metals content and pathogens are important parameters when either of reuse scenarios are anticipated.

2. When are the Storm Water Regulations triggered for construction activity?

Generally, when construction activities disturb five (5) or more acres storm water regulations are triggered. Also, small sites are additive. In other words, if you have five (5) one (1) acre sites which may or may not be adjacent to one another, but are covered under a single construction plan, development or sale, the regulations apply to all those individual construction site activities. Be aware that, in certain situations, EPA may require permit coverage for construction activities of less that five (5) acres if deemed necessary by the Regional Administrator. Also, EPA has a proposed rule under the phase II storm water program that may regulate construction sites between one (1) and five (5) acres in size. The storm water regulations applicable to federal permit coverage are published as notices in the Federal Register. Like other CWA permits, federal storm water permits are renewed on a five (5) year basis. A general permit for construction activity was reissued on 2/17/98 (63 FR 7858). Regulated construction activities must prepare a notice of intent (NOI) to discharge, submit the notice to EPA, and develop a Storm Water Pollution Prevention Plan (SWPPP) and implement appropriate engineering controls and management practices. The SWPPP must be developed prior to submittal of the NOI.

3. I'm looking for the Federal Storm Water Regulations for industry. I go to 40 CFR 122.26 and all I find is a list of industries regulated, but no real detail.

The answer is found in the Federal Register, not the Code of Federal Regulations (CFR). EPA has issued the "Multi-Sector General Permit (MSGP)" for industry. There are 29 sectors identified in the MSGP. The original MSGP was published in the Federal Register on 9/25/95 (60 FR 50804) as a notice. That general permit was reissued with a 9/30/98 (63 FR 52430) notice. The requirements for permit coverage are found under each individual sector discussed in the referenced Federal Registers. Best management practices (BMP's) and sector specific monitoring are discussed as well as sector specific storm water pollution prevention plan (SWPPP) requirements can be found there. Remember that these are federal permits, and may be modified by States authorized to administer the NPDES program.

4. We are conducting a design for a HTRW project that may require the discharge of waste-water to a nearby surface water. Are MCL's a good discharge limit to use?

MCL's are promulgated under the Safe Drinking Water Act (SDWA) and may or may not be appropriate. All States were required to develop Water Quality Standards for their surface waters. Water Quality Standards are based on three components, water quality criteria, designated uses, and anti-degradation. If a surface water has a drinking water source designated use, MCL's may be applicable. However, more typically, Water Quality Standards are set up based on designated uses like warm water fisheries, cold water fisheries, swimming and outdoor recreation. You need to identify the surface water by name and stretch, then look in the State regulations to determine the designated use(s) for the appropriate section. Based on the identified uses, protective effluent limits can be determined using State guidance to develop effluent limits.

5. Where do I find the list of CWA priority pollutants?

Believe it or not, they are found in Appendix A to 40 CFR 423 - Steam Electric Power Generating Point Source Category. In one of those odd regulatory timing issues, when EPA expanded the toxic pollutants list to create the priority pollutants under direction of Congress, EPA needed a place to codify them. The Steam Electric Power Generating Point Source Category was an active rule making at the time so that is where they ended up.

6. What is the relationship between the CWA and RCRA regarding the management of waste-waters?

The most important thing to keep in mind is there is a natural hand off from RCRA to the CWA at the point of discharge. NPDES permitted discharges are excluded from RCRA. The collection, storage and treatment of waste- waters that are hazardous waste are not excluded processes. However, certain provisions are allowed if the collection storage and treatment occurs in a waste- water treatment unit (WWTU) as defined in 40 CFR 260.11. LDRs will never apply to NPDES permitted discharges, but they may apply to the disposal of sludge generated during the WWTU operation. The key is the design of the treatment unit, its permit status and whether ancillary equipment is truly part of the WWTU. A lot will depend on the site specific scenario.