Linearized (accessible) table 1

Caption: Table 1: A possible performance oriented approach to existing RCRA regulations.

Summary: A step by step performance oriented approach to RCRA regulations showing the regulated step, the underlying purpose of the regulation, problems with the existing regulation, an alternative performance oriented approach and basic observations that can be used to determine compliance.

Abbreviations used in titles:

Step = Waste management step
Purpose = Purpose of regulations
Problem = Problem with existing regulations
Alternative = Alternative performance oriented approach
Check = Compliance observations

Step = Establish accumulation area for unwanted chemicals (now called SAA)
- Purpose = Assure that there is a safe location for hazardous chemical waste
- Problem = "Under control of" interpreted as "Line-of-sight" regardless of security Different management standards for wanted and unwanted chemicals discourages identification and removal of unwanted chemicals
- Alternative = The person with direct management responsibility for operations is also responsible to identify a safe location(s) for temporary storage of unwanted chemicals and is responsible for the safety and security of all materials placed there.
- Check = Is the location established? Are basic chemical safety practices followed in handling and storing waste? Is the SAA at least as secure as the storage for chemicals in inventory?
Step = Move unwanted chemicals to accumulation area in safe containers
- Purpose = Assure that unwanted chemicals are moved to a safe place Assure containers are safe for transportation and storage
- Problem = Requirement that containers "...must always be closed during storage, except when it is necessary to add or remove waste." creates problems when processes generate waste continuously or when wastes release gases.
- Alternative = Evaporation and spillage during transportation and storage must be minimized. When containers cannot be fully closed, users shall have standard operating procedures to minimize evaporative losses and spillage.
- Check = Do workers know the location of the accumulation area for unwated chemicals? Are container requirements posted and observed? Are waste containers securely closed or have users taken steps to prevent evaporative losses or spillage, e.g. spring-loaded covers, chilled waste containers? Do workers who generate or handle unwanted chemicals know and use appropriate procedures to minimize losses from waste containers?
Step = Label unwanted chemicals as Hazardous Waste w/ complete labeling information
- Purpose = Capture identity and hazard class information for later use Prevent inappropriate disposal of RCRA waste
- Problem = Some interpretations require the term "Hazardous Waste" on the label "Once a hazardous waste, always a hazardous waste." Discourages identifying unknown chemicals as waste.
- Alternative = As written, this rule is already performance oriented in the statement "...marks his containers either with the words 'Hazardous Waste' or with other words that identify the contents of the containers" Unwanted chemicals shall be moved to the identified temporary storage area and labeled with as much information about hazards and chemical composition as is known at the time. Note: The label needs to carry enough information to allow classification for safe transportation and to make the HW determination. If labeling is incomplete, the information must be developed by interview or analysis. Labels shall be legible and chemical resistant.
- Check = Do workers who produce chemical waste know how to label the waste? Are the labels legible? Are any labels decomposed past the point of legibility?
Step = Make Hazardous Waste Determination
- Purpose = Segregate RCRA waste from non-RCRA waste Help assure proper handling of RCRA waste Prevent inappropriate disposal of RCRA waste
- Problem = Non-RCRA waste is not non-hazardous Some current interpretations require the HW determination to be made at the SAA.
- Alternative = All unwanted chemicals shall be placed in the SAA and removed from there to the same location. There shall be a posted list of any exceptions that may be handled by other means, e.g. sewered or placed in normal trash.
- Check = Are the instructions posted? Do workers who handle waste know what to do with various wastes produced in the work area? Are workers without this information prohibited from handling waste chemicals? Is a hazardous waste determination made on all materials removed from the SAA?
Step = Transport to central location
- Purpose = Eliminate unnecessary paperwork when trained people transport hazardous waste and assure that trained assistance is available in case of emergency
- Problem = Currently defined by military munitions rule. "…transportation of hazardous waste on public or private right-of-ways on or along the border of contiguous properties under the control of the same person…" The "Seven-Eleven" problem—A retail outlet on an outside corner creates a violation as the vehicle goes around the corner. Big problems for urban research institutions that often have a block or two between buildings. "Contiguous" definition requires multiple generator numbers (some interpretations), which may reduce regulation of some facilities. Manifest required between facilities regardless of separation. Requires multiple central storage facilities to avoid "ten-day" transporter storage limit.
- Alternative = Manifest is not required if transportation is by trained workers and within n minute travel distance from centralized chemical waste facility. Outside of vehicle must be placarded with contact phone numbers and according to DOT rules. Assistance must be available at all times. A bill of lading listing hazard classes and approximate quantities on board shall accompany vehicle.
- Check = Different measurements on same map used for military munitions rule. Check staffing patterns and contact information. Note: n minute travel distance can be interpreted prima facie as radius or travel distance from the central facility.
Step = Three day deadline to remove excess accumulation from SAA.
- Purpose = Prevent excess accumulation of hazardous materials with concomitant safety and health hazards.
- Problem = In lab practice, the 1 quart limit on acutely hazardous waste, lab closures and end-of-semester are a problem. A single five pound container can change generator status. This increases hazard by encouraging repackaging into smaller containers. Many 4-year C/U campuses have only one person trained in HW rules or they must wait for a contractor, making the time requirement infeasible.
- Alternative = Extend time to allow for holidays, sick time, vacations and staging of proper equipment and services. NOTE: New England XL project allows 30 days (40CFR262.104(c)). If storage is in an area that is not regularly occupied during working hours [e.g. closed lab], the area must be inspected for container integrity and leaks at least weekly and secondary containment must be provided. Allow larger accumulations of acutely toxic wastes if they are placed in secondary containment.
- Check = Direct observation of work practices. Review of inspection logs
Step = P- and U- lists
- Purpose = Create extra precautions for especially toxic wastes
- Problem = Lists are obsolete because they specify chemicals by name instead of by characteristics. Some chemicals should be added and some should be removed based on today’s knowledge.
- Alternative = Define the P- and U- list chemicals by a set of characteristics.
- Check = Similar to current practice
Step = Determination of generator status
- Purpose = Assure extra precautions by generators of larger quantities of waste.
- Problem = Status can change based on a single container of waste. This increases hazard by encouraging repackaging into smaller containers. Generator status can vary unpredictably.
- Alternative = Base generator status on total amount of waste and require extra handling precautions for acutely hazardous waste. Base generator status on annual amounts of waste instead of monthly.
- Check = No significant change
Step = Segregate by hazard class
- Purpose = Assure safe storage in central facility Assure safe transportation in commerce
- Problem = Three-day limit does not allow for holiday weekends.
- Alternative = Seven working days allows for experts to take vacation, sick leave, etc. (If containers are sound enough for transportation, this is not urgent.)
- Check = Are containers sound and compatible with the waste? (no change from present) Are all except recent "acquisitions" properly segregated? (prima facie, within 7 working days) Evidence of compatibility related problems or accidents in facility operations log?
Step = Re-segregate by contractor treatment class
- Purpose = [This step has no government enforcement implications for the generator. It is included here because of cost implications.]
- Problem = Contractor must segregate by treatment/disposal route if transportation routes or disposal methods are different. Often results in use of increased packing materials.
- Alternative = None at generator level.
- Check = None at generator level.
Step = Labpack or barrel and manifest
- Purpose = Assure safe transportation in commerce Allow tracking of waste from generator to ultimate destination.
- Problem = Greatly exaggerates the amount of hazardous materials in labpacks. As a result:
  - Discrepancies between manifest data and biennial reports are sometimes viewed as evidence of dishonesty if net weights are used as basis for biennial reports.
  - Manifest data may cause an undeserved raising of generator status.
- Alternative = Generators may optionally estimate actual quantities of chemical waste in containers to be labpacked and use the data for biennial reports and for determining generator status. Generator must document and be prepared to demonstrate the method used [e.g. prima facie gross weight less estimated tare weight]
- Check = Review documentation and observe work in progress.

Rev. 20 Mar 06, 0800
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