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The Agency believes that there are many people who suspect, but are not sure, that their activities are subject to control under the RCRA Subtitle C rules. This appendix is written for these people. It is designed to help those who are unfamiliar with the hazardous waste control program to determine with which, if any, of the regulations they should comply.
The first question which such a person should ask himself is: "Is the material I handle a solid waste?" If the answer to this question is "No", then the material is not subject to control under RCRA and, therefore, the person need not worry about whether he should comply with the Subtitle C rules.
Section 261.2 of this chapter provides a definition of "solid waste" which expands the statutory definition of that term given in section 1004(27) of RCRA. This definition is diagrammed in Figure 1 below.
Figure 1 explains that all materials are either: (1) Garbage refuse, or sludge; (2) solid, liquid, semi-solid or contained gaseous material; or (3) something else. No materials in the third category are solid waste. All materials in the first category are solid waste. Materials in the second category are solid waste unless they are one of the five exclusions specified in §261.4(a).
If a person has determined that his material is a "solid waste", the next question he should ask is: "Is the solid waste I handle a hazardous waste?"
Hazardous waste is defined in §261.3 of this chapter. Section 261.3 provides that, in general, a solid waste is a hazardous waste if: (1) It is, or contains, a hazardous waste listed in subpart D of part 261 of this chapter, or (2) the waste exhibits any of the characteristics defined in subpart C of part 261. However, parts 260 and 261 also contain provisions which exclude (§§261.4(b), 260.20, and 260.22) certain solid wastes from the definition of "hazardous waste", even though they are listed in subpart D or exhibit one or more of the characteristics defined in subpart C. Figure 2 depicts the interplay of these special provisions with the definition of "hazardous waste". It presents a series of questions which a person should ask himself concerning his waste. After doing so, the person should be able to determine if the solid waste he handles is a hazardous waste.
If this is the case, the person should look at Figure 3. Figure 3 depicts the special provisions specified in the final part 261 rules for hazardous waste which:
1. Is generated by a small quantity generator
2. Is or is intended to be legitimately and beneficially used, re-used, recycled, or reclaimed
3. Is a sludge; is listed in part 261, subpart D; or is a mixture containing
a waste listed in part 261, subpart D. For each of these Groups, Figure 3 indicates with which subtitle C
regulations (if any) the person handling these wastes must comply. Figure 3 also
explains that, if a person handles hazardous waste which is not included in any
one of the above three categories, his waste is subject to the subtitle C
regulations diagrammed in Figure 4.
Figure 4 is a flowchart which identifies the three categories of activities
regulated under the subtitle C rules, and the corresponding set of rules with
which people in each of these categories must comply. It points out that all
people who handle hazardous waste are either: (1) Generators of hazardous waste,
(2) transporters of hazardous waste, (3) owners or operators of hazardous waste
treatment, storage, or disposal facilities, or (4) a combination of the above.
Figure 4 indicates that all of these people must notify EPA of their hazardous
waste activities in accordance with the Section 3010 Notification Procedures
(see 45 FR 12746 et seq.), and obtain an EPA identification number.
It should be noted that people handling wastes listed in subpart D of part
261 who have filed, or who intend to file an application to exempt their waste
from regulation under the subtitle C rules, must also comply with the
notification requirements of section 3010.
If a person generates hazardous waste, Figure 4 indicates that he must comply
with the part 262 rules. If he transports it, he must comply with the part 263
rules. The standards in both these parts are designed to ensure, among other
things, proper recordkeeping and reporting, the use of a manifest system to
track shipments of hazardous waste, the use of proper labels and containers, and
the delivery of the waste to a permitted treatment, storage, or disposal
facility.
If a person owns or operates a facility which treats, stores, or disposes of
hazardous waste, the standards with which he must comply depend on a number of
factors. First of all, if the owner or operator of a storage facility is
also the person who generates the waste, and the waste is stored at the facility
for less than 90 days for subsequent shipment off-site, then the person must
comply with §262.34 of the part 262 rules.
All other owners or operators of treatment, storage, or disposal facilities
must comply with either the part 264 or the part 265 rules. To determine with
which of these sets of rules an owner or operator must comply, he must find out
whether his facility qualifies for interim status. To qualify, the owner or
operator must: (1) Have been treating, storing, or disposing of the hazardous
waste, or commenced facility construction on or before October 21, 1976, (2)
comply with the section 3010 notification requirements, and (3) apply for a
permit under part 270 of this chapter.
If the owner or operator has done all of the above, he qualifies for interim
status, and he must comply with the part 265 rules. These rules contain
administrative requirements, monitoring and closure standards, and an
abbreviated set of technical and closure and post-closure cost estimate
requirements. The owner or operator must comply with these standards until final
administrative disposition of his permit application is made. If a permit is
issued to the owner or operator, he must then comply with the permit which will
be based on the part 264 rules.
If the owner or operator has not carried out the above three requirements, he
does not qualify for interim status. Until he is issued a permit for his
facility, the owner or operator must stop waste management operations (if any)
at the facility, and send his hazardous waste (if any) to a facility whose owner
or operator has interim status or to a storage facility following the part 262
rules.
In order to apply for a permit, the owner or operator must comply with the
procedures specified in part 270 of this chapter.
It should be noted that the Agency will be periodically revising the rules
depicted in Figures 3 and 4. All persons are encouraged to write to EPA to
verify that the regulations which they are reading are up-to-date. To obtain
this verification, contact: Solid Waste Information, U.S. Environmental
Protection Agency, 26 West St. Clair Street, Cincinnati, Ohio 45268 (513)
684-5362.
