Industrial and Hazard Waste Management Hazardous waste handling, transportation and storage Dr.-Eng. Zayed Al-Hamamre 1 BACKGROUND In 1998, 61,234 industries reported a total of 7.3 billion pounds of hazardous chemicals released to the air, land and water in the United States. The Department of Transportation annually issues over 500 warning letters, 100 tickets, 1,400 penalties and collects over $7 million in total penalties for noncompliance of hazardous waste transportation requirements. 2
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) RCRA addresses the management of hazardous waste and the transportation of hazardous waste HAZARDOUS MATERIALS are any substances or materials, including environmentally hazardous substances, which have been determined to be capable of posing an unreasonable risk to health, safety or property when transported in commerce, and have been so designated. (171.8) 3 FEDERAL REGULATIONS Hazardous materials are regulated in order to: Prevent accidents, leaks and spills Help emergency responders Ensure that HAZMAT employees are aware of the hazards of materials they handle Pertinent Regulations: 40 CFR 263 Standards Applicable to Transporters of Hazardous Waste 40 CFR 262 Standards Applicable to Generators of Hazardous Waste 49 CFR 100-185 Department of Transportation Hazardous Materials Regulations 4
Laws Affect Transportation of Hazardous Materials Regulations US DOT Reg. 49 CFR...All modes within the USA ICAO Technical Instructions...International air transport (International Civil Aviation Organization) IATA Dangerous Goods Reg... Commercial air transport (International Air Transportation Association) IMDG Code...International sea transport (International Maritime Dangerous Goods) TDG Regulations Regulations...Shipments to/from Canada (Transportation of Dangerous Goods) Mexican DOT Regs.... Shipments to/from Mexico 5 The Hazardous Materials Regs The HMR of the Federal Hazardous Materials Transportation LAW (49 CFR) apply to: Responsibilities for offering and accepting shipments Classification of hazardous materials Packaging standards Shipping papers Labels, marks and placards Emergency response requirements Training requirements Registration Segregation and modal requirements 6
Structure of HMR Part 171 Definitions Part 172 - Hazard Communication Part 172.101 - Hazardous Materials Table Part 173 - Classification and Packaging Part 174, 175, 176 & 177 - Modal Variations Part 178 - Standards for Non-Bulk Packaging Part 179 - Standards for Bulk Packaging (tank cars) Part 180 - Continuing qualification/maint. 7 Hazard Classes/Divisions Class 1 - Explosives (173.50) Class 2 - Compressed gasses (173.115) Class 3 - Flammable liquids (173.120) Class 4 - Flammable solids (173.240) Class 5 - Oxidizers and organic peroxides (173.127 & 128) Class 6 - Poisonous and infectious materials (173.132 & 134) Class 7 - Radioactives (173.403) Class 8 - Corrosive materials (173.136) Class 9 - Miscellaneous Hazardous Materials (173.140), ORM - Other Regulated Material (173.144), Elevated Temperature (171.8) 8
OVERVIEW EPA has promulgated regulations governing the safe transport of hazardous wastes from generator to designated facility Section 263 applies to carriers transporting hazardous waste within the United States when that waste is subject to the manifesting requirements of Section 262 Transportation means "the movement of hazardous waste by air, rail, highway, or water EPA promulgated the transporter requirements to be consistent with appropriate DOT regulations In general, transporters of hazardous waste must comply with the requirements of Part 263, as well as the specific DOT requirements 9 OVERVIEW DOT has incorporated RCRA hazardous wastes as one of the types of hazardous materials that must be transported according to DOT specifications The Joint Uniform Hazardous Waste Manifest serves as both the EPA tracking form and the shipping paper required under DOT This system allows the in-transit management of hazardous waste to be regulated safely and efficiently while allowing both EPA and DOT to retain enforcement of their respective regulations 10
OVERVIEW EPA regulates the off-site transportation of hazardous wastes Part 263 does not apply to the on-site movement of wastes within a facility's boundary The term on-site includes the transport of hazardous waste between contiguous properties, even when separated by a public road "provided that the entrance and exit between the properties in at a crossroads intersection, and access is by crossing, as opposed to going along, the right-of-way" Generally Part 263 does not apply to transportation of shipments that do not require a manifest 11 DEFINITIONS Transport vehicle means a motor vehicle or rail car used for the transportation of cargo by any mode Each cargo-carrying body (trailer, railroad freight car, etc.) is a separate transport vehicle Transportation means the movement of hazardous waste by air, rail, highway, or water Transporter means a person engaged in the offsite transportation of hazardous waste by air, rail, highway, or water 12
EPA IDENTIFICATION NUMBER A transporter is required to obtain an EPA ID number before transporting hazardous waste Transporters obtain EPA ID numbers by completing and submitting EPA s form the Notification of Regulated Waste Activity EPA issues transporter ID numbers for primary offices or places of business, not individual transporting terminals 13 PACKAGING According to DOT s 49 CFR 171.2(a), anyone who offers or accepts a hazardous material shipment must comply with the Hazardous Materials Regulations (HMR) No person, individual or company may offer or accept a hazardous material for transportation in commerce unless the shipment complies with the HMR The shipper and the carrier share in the responsibility to offer and/or accept only hazardous materials that comply with the HMR 14
PACKAGING Preparation of hazardous materials for transportation is the responsibility of the person who offers the material for transportation Unless otherwise provided, a hazardous material may be offered for transportation in an approved packaging or container only if the material is: properly classed, properly described, in a properly manufactured and tested packaging, in a packaging marked in accordance with the HMR, the package fully complies with 49 CFR Part 173, 178, and 179 15 LABELING Before transporting or offering hazardous waste for transportation off-site, a generator must label each package in accordance with the applicable Department of Transportation regulations on hazardous materials under 49 CFR part 172 Placards, labels, identification numbers, markings, and shipping papers are ways to communicate hazard information. 16
MARKING Before transporting or offering hazardous waste for transportation off-site, a generator must mark each package of hazardous waste Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator must mark each container of 110 gallons or less used in such transportation with the following words: HAZARDOUS WASTE Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency. Generator s Name and Address. Manifest Document Number. 17 PLACARDING Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator must placard or offer the initial transporter the appropriate placards according to Department of Transportation regulations for hazardous materials under 49 CFR part 172, subpart F 18
PLACARDING 19 Placarding Requirements Each person who offers or transports hazardous materials must comply with the placarding requirements. Placarding requirements do not apply to: Small quantities of certain hazard classes Limited Quantities (Ltd. Qty.) Infectious substances Other Regulated Material (ORM- Ds) Combustible liquids in non-bulk packagings Materials prepared in accordance with 173.13 20
Prohibited Placarding Placards may not be displayed on a transport vehicle, portable tank or freight container unless: Transported material is a hazardous material Placarding represents a hazard of the material Placarding conforms to the regulations 21 General Placarding Requirements Placard a container or vehicle on each side and each end for any quantity of hazardous material it contains. Some exceptions to these requirements exist based on the hazard and quantity present. 22
ID Numbers Prohibited placarding restrictions do not apply to ID numbers displayed on white square-on-point placards. 23 Placarding Tables Placarding Tables 172.504 (e) Table 1 - placard any quantity cannot use DANGEROUS placard 24
Table 1 Placard Any Quantity Note specifics for Division 5.2, 6.1 and Class 7. 25 Placard for Table 2 Materials (unless excepted) Table 2 - Placard if total quantity 454 kg (1001 pounds) DANGEROUS placard permitted for mixed load if < 1000 Kg (2205 lb) per class loaded at facility 26
Table 2 Exceptions Less than 454 kg (1,001 lbs.) aggregate gross weight may be placarded, but is not required 27 Identification Numbers and placement Bulk containers must display the identification number of their contents, either on the placard, or an orange panel beside the placard. Placards should be placed on each end and each side of motor vehicles or railroads. Cargo tanks and portable tanks less than 1000 gallons require two placards on opposite sides of the tank 28
Use of Dangerous Placard The Dangerous Placard may be used if the shipment contains non-bulk packages of two or more classes, requiring different placards from Table 2. 29 Dangerous Placard Exception 1,000 kg (2,205 lbs) or more of one class from Table 2 Loaded at one point Must use placard for that hazard class, not the Dangerous placard 30
Dangerous Placard is NOT allowed for Table 1 31 Bulk Exceptions Tank cars -2 opposite sides 32
Bulk Exceptions (cont d) Tank cars Cargo tanks nurse tanks 33 Bulk Exceptions (cont d) Tank cars Cargo tanks Portable tanks 34
Bulk Exceptions (cont d) Tank cars Cargo tanks Portable tanks Other bulk packagings 35 Bulk Exceptions (cont d) Tank cars Cargo tanks Portable tanks Other bulk packagings Freight containers and Aircraft unit load devices 36
Other Exceptions Tank cars Cargo tanks Portable tanks Other bulk packagings Freight containers and aircraft unit load devices Poison inhalation materials/poison gas 37 172.505(a) Other Exceptions (cont d) Tank cars Cargo tanks Portable tanks Other bulk packagings Freight containers and Aircraft unit load devices Poison inhalation material/poison gas Dangerous when wet material 38 172.505
Placarding Empty or Unpurged Tanks Tanks remain placarded unless: Cleaned and purged Reloaded with a non-hazardous material Another class of hazardous material 39 Visibility Each placard must be readily visible from the direction it faces. Placards must be on each side and each end. If coupled to another motor vehicle or rail car, visibility is not required from the direction it faces. 40
Attaching Placards Attach securely Maintain in good condition Clear of advertising, dirt and water, and tarps, etc. Printed and displayed horizontally 41 Placarding A Joint Responsibility It is the responsibility of shipper or carrier to make sure the correct placards are offered or affixed. Since placarding is complex and crucial, do not rely solely on the information in this presentation. Use the HMR and remember to refer to both placarding Table 1 and Table 2 and the exceptions in 172.504(f). 42
Summary 43 COMPLIANCE WITH THE MANIFEST EPA created a tracking mechanism to ensure that hazardous waste sent to a treatment, storage, and disposal facility (TSDF) reaches its destination The manifest is the central element of this system. The Uniform Hazardous Waste Manifest (EPA Form 8700-22) and its instructions are found in the appendix to 40 CFR Part 262 The manifest is the control and transport document that accompanies the waste during transport from its generation site to its final destination facility 44
COMPLIANCE WITH THE MANIFEST 40 CFR Part 263, Subpart B, dictates transporter responsibilities for the manifest system Before hazardous waste can be transported, the transporter must sign and date the manifest The transporter must then deliver the hazardous waste shipment to the next transporter, the designated facility, or the alternate facility listed on the manifest If the waste cannot be delivered to the designated receiver, the generator must be contacted for further instructions, and the manifest must be revised accordingly The manifesting responsibilities vary depending on the mode of transportation 45 HAZARDOUS WASTE DISCHARGES If a transporter discharges or spills hazardous waste, he or she is required to take immediate action to protect human health and the environment "Immediate action" is not specifically defined, however, it may include containing the spill, notifying local authorities, and notifying the National Response Center as required by DOT or Superfund regulations DOT may require a written report Federal, state, or local authorities may require a transporter to take actions in response to a discharge or spill if the discharge is determined to present a long-term hazard to human health or the environment 46
DISCHARGE CLEANUP A transporter must clean up any hazardous waste discharge that occurs during transportation or take such action as may be required or approved by Federal, State, or local officials so that the hazardous waste discharge no longer presents a hazard to human health or the environment 47 MODES OF TRANSPORTATION Transportation of hazardous waste from the generator to the designated facility can be accomplished by several means of transportation The regulations establish guidelines for the proper handling and recordkeeping of hazardous waste transported by highway, water, rail, or air 48
HIGHWAY SHIPMENTS Highway transporters must complete the following manifest and recordkeeping requirements: Sign and date the manifest Leave a signed and dated copy of the manifest with the generator Ensure that the manifest accompanies the waste Obtain the dated signature of the next transporter or the owner/operator of the designated facility, and Keep a copy of the manifest for at least three years 49 WATER (BULK) SHIPMENTS Water transporters must comply with the directions on the manifest, obtain an EPA ID number, and be listed on the manifest When shipping hazardous waste by water, however, the manifest is not required to physically accompany the shipment Instead, the person delivering the waste to the initial water transporter obtains the date of delivery and signature of the water transporter on the manifest and forwards it to the designated facility 50
WATER (BULK) SHIPMENTS In addition, if the waste is delivered directly to the TSDF, the water transporter must: Ensure that a shipping paper (e.g., waybill), containing the same information as the manifest, accompanies the waste Obtain the dated signature of the owner or operator of the designated facility on the shipping paper or the manifest Sign and date the manifest Retain a copy of the shipping paper or manifest for three years 51 RAIL SHIPMENTS As with the other methods of transport, rail transporters must have an EPA ID number and ensure the designated facility is listed on the manifest Similar to water shipments, rail transporters must comply with the directions on the manifest and must be listed as a transporter on the manifest, but the actual manifest form does not have to accompany the waste shipments at all times Instead, a standard waybill or other shipping document containing all the manifest information except EPA ID number, generator certification, and signatures may accompany the waste 52
RAIL SHIPMENTS Initial rail transporter's duties include: Signing and dating the manifest Returning a signed copy of the manifest to the non-rail transporter Retaining a copy of the manifest and rail shipping paper for three years Forwarding at least three copies to the next non-rail transporter or designated facility (if the shipment is delivered by rail), or the last rail transporter designated to handle the waste in the United States 53 RAIL TO TSDF For rail delivery to the designated facility, the rail transporter must obtain the dated signature of the owner or operator of the designated facility on the manifest or shipping paper, and retain one copy of the manifest or shipping paper for three years 54
RAIL TO NON-RAIL For delivery by rail to a non-rail transporter, the rail transporter must obtain the dated signature of the non-rail transporter on the manifest and must retain a copy for at least three years Since the manifest is not required to accompany the rail shipment, the non-rail transporters might obtain a copy of the manifest directly from the generator If the hazardous waste is leaving the United States, the transporter must receive an Acknowledgment of Consent from the generator, and ensure that it accompanies the shipment at all times The Acknowledgment of Consent is consent from the receiving country to accept the shipment 55 PIPELINE SHIPMENTS Transportation of hazardous waste by pipeline does not meet the RCRA definition of transportation Piping as a mode of transport is not specifically addressed by RCRA, nor is it prohibited However, hazardous waste piped off-site may be subject to other provisions of RCRA 56
TRANSFER FACILITIES A transfer facility is an area used to temporarily store wastes on route to a TSDF Transfer facilities may be carrier terminals, loading docks, or other areas where waste is kept during the normal course of transportation Transporters may store manifested shipments of hazardous waste in containers at a transfer facility for 10 days or less without a storage permit under Section 263.12 57 TRANSFER FACILITIES Transfer facilities are not required to operate under RCRA storage permits provided the waste is manifested, kept in DOT specification containers, and stored less than 10 days There is no specific time limit for a hazardous waste shipment to reach the designated facility. If a LQG does not receive a signed copy of the manifest from the designated facility within 35 days of the date the initial transporter accepted the waste, the generator must contact the transporter If a copy of the manifest is not received within 45 days of the date the waste was accepted by the initial transporter, then the LQG must submit an Exception Report to the EPA Regional Administrator 58
EXPORTING HAZARDOUS WASTE There are additional requirements for transporters who export hazardous waste Before waste can be exported to a foreign country, the generator (or primary exporter) must obtain the country's approval for the shipment via an acknowledgment of Consent that is processed by the State Department The regulations governing exports of hazardous waste are found in Part 262, Subpart E 59 TRANSPORTER AS A GENERATOR Anyone, including a transporter, who imports hazardous waste from a foreign country must comply with the generator requirements, including initiating a manifest If the transporter mixes wastes with different DOT shipping descriptions by placing them in a single container, the transporter must initiate a new manifest and comply with the generator regulations The transporter should be named in the generator block and the old manifest(s) should still accompany the waste Additionally, any other substantial shipping changes would require that a new manifest be prepared 60
PERMITS, LICENSES, AND INSURANCE Transporters do not need RCRA permits if they comply with 40 CFR Part 263 If the transporter stores hazardous waste longer than 10 days or treats or disposes of wastes at their facility, a RCRA permit would be required In addition, states often require special permits or licenses for transporters Although EPA does not require transporters to have liability insurance, the Federal Motor Carrier Act, implemented by DOT, does require it 61 EPA/DOT INTERFACE As part of the RCRA cradle-to-grave waste management system, the transporter regulations ensure proper delivery of the hazardous waste to the designated TSDF The 40 CFR Part 263 transporter requirements adopted portions of the DOT regulations for the safe transport of DOT classified hazardous materials The DOT references in the RCRA regulations include requirements for labeling, marking, placarding, and containers, and also outline the DOT requirements for responding to spills or discharges EPA incorporated these requirements by reference, to ensure consistency with the DOT regulations and to avoid duplicative and burdensome requirements 62
TRANSPORTER TRAINING DOT s Hazardous Materials Regulations (HMR) include training requirements in several sections for Hazardous Waste Transporters: GENERAL: 49 CFR 173.1 SPECIFIC: 49 CFR 172.704 MODAL: Air 49 CFR 175.20; Vessel 49 CFR 176.13; Highway 49 CFR 177.800 and 177.816 63 TRANSPORTER TRAINING TRAINING REQUIREMENTS Each hazmat employer must: train and test, certify, and develop and retain records of current training (inclusive of preceding three years) for each hazmat employee (during the period of employment and 90 days thereafter) 64
TRANSPORTER TRAINING Hazmat training must include: General awareness/familiarization, Function-specific, Safety, and Driver training (for each hazmat employee who will operate a motor vehicle). 65 TRANSPORTER TRAINING Initial training A new employee, or an employee who changes job functions, may perform hazmat job functions before completing training, provided: - the employee does so under the direct supervision of a properly trained and knowledgeable hazmat employee - the hazmat training is completed within 90 days of employment or change in job function Recurrent training Required at least once every three years Relevant training received from a previous employer or source may be used to satisfy the requirements 66
TRANSPORTER TRAINING Training Records must include: Hazmat employee's name; Completion date of most recent training; Training Materials (Copy, description, or location); Name and address of hazmat trainer; and Certification that the hazmat employee has been trained and tested 67 RECORDKEEPING A generator must keep a copy of each manifest 3 years or until he receives a signed copy from the designated facility which received the waste This signed copy must be retained as a record for at least three years from the date the waste was accepted by the initial transporter A generator must keep a copy of each Biennial Report and Exception Report for a period of at least three years from the due date of the report A generator must keep records of any test results, waste analyses, or other determinations made in accordance with 40 CFR 262.11 for at least three years 68
BIENNIEL REPORT A generator who ships any hazardous waste off-site to a TSDF within the U.S. must prepare and submit a single copy of a Biennial Report to the Regional EPA Administrator by March 1of each even numbered year The Biennial Report must include the following information: (1) The EPA identification number, name, and address of the generator; (2) The calendar year covered by the report; (3) The EPA identification number, name, and address for each off-site TSDF; (4) The name and EPA identification number of each transporter 69 BIENNIEL REPORT (5) A description, EPA hazardous waste number, DOT hazard class, and quantity of each hazardous waste shipped off-site for shipments to a TSDF (6) A description of the efforts undertaken to reduce the volume and toxicity of waste generated (7) A description of the changes in volume and toxicity of waste actually achieved during the year in comparison to previous years (8) The certification signed by the generator or authorized representative Any generator who treats, stores, or disposes of hazardous waste on-site must submit a biennial report 70
EXCEPTION REPORTING A generator of greater than 1000 kilograms/month who does not receive a copy of the manifest with the handwritten signature of the owner or operator of the TSDF within 35 days of the date the waste was accepted by the initial transporter must contact the transporter and/or the owner or operator of the TSDF A generator of greater than 1000 kilograms/month must submit an Exception Report to the EPA Regional Administrator if he has not received a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 45 days of the date the waste was accepted by the initial transporter 71 EXCEPTION REPORTING The Exception Report must include: A legible copy of the manifest for which the generator does not have confirmation of delivery; A cover letter signed by the generator or his authorized representative explaining the efforts taken to locate the hazardous waste A generator of greater than 100 kilograms but less than 1000 kilograms of hazardous waste/month who does not receive a copy of the manifest within 60 days of the date the waste was accepted by the initial transporter must submit a legible copy of the manifest, with some indication that the generator has not received confirmation of delivery, to the EPA Regional Administrator 72
RECOMMENDED INSPECTION ITEMS Determine if the facility transports hazardous waste off-site by using their own vehicles or a contractor Verify that the transporter has an EPA identification number Verify that all waste accepted, transported, or offered for transport is accompanied by a manifest Verify that prior to transport, the transporter signs and dates the manifest and returns a copy to the generator prior to leaving the facility Verify that the transporter retains a copy of the manifest after delivery 73 RECOMMENDED INSPECTION ITEMS Verify that all wastes accepted by the transporter are delivered to the designated facility listed on the manifest, or the alternate designated facility if an emergency prevents delivery, or the next designated transporter or the place outside the United States designated by the generator Verify that manifests are kept on file for three years 74
RECOMMENDED INSPECTION ITEMS Determine what pre-transport procedures for hazardous waste are used Inspect a sample of containers awaiting transport to verify that containers are properly constructed and exhibit no leaks, corrosion, or bulges Examine end-seams for minor weeping that indicates drum failure Verify that labeling and marking on each container is compatible with the manifests 75 RECOMMENDED INSPECTION ITEMS Verify that the following information is displayed on a random sample of containers of 110 gal. (416.40 L) or less in accordance with 49 CFR 172.304: HAZARDOUS WASTE - Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency. - Generator's name and address - Manifest Document Number. Verify that proper DOT placarding is available for the transporter 76
RECOMMENDED INSPECTION ITEMS Verify that transport operators have instructions to notify local authorities and take clean-up action so that the discharge does not present a hazard Verify that transporters give notice to the National Response Center and report in writing as required by 49 CFR 171.15 and 49 CFR 171.16 77 RECOMMENDED INSPECTION ITEMS Determine if the facility has a transfer facility. If so, verify the following: - Transfer facility storage is for 10 days or less - DOT packaging requirements are met - Shipments are manifested and manifests accompany shipments - Storage is consistent with good management practices Verify that transporters do not store manifested shipments of land disposal restricted wastes for more than 10 days 78
TIPS FOR USING CONTRACTORS Remember, You Control Your Facility or Area! Review Procedures With Them Before Starting the Job! Ensure They Are Properly Trained! Determine Their Environmental Compliance Record! Determine Who Is in Charge of Their People! Determine How They Will Affect Your Facility s Environmental Compliance! 79 ELEMENTS OF A SUCCESSFUL HAZARDOUS WASTE TRANSPORTATION PROGRAM 1. DETAILED WRITTEN HAZARDOUS WASTE TRANSPORTATION INSPECTION GUIDELINES. 2. DETAILED WRITTEN HAZARDOUS WASTE TRANSPORTATION BEST MANAGEMENT PRACTICES. 3. EXTENSIVE EMPLOYEE TRAINING PROGRAMS 4. PERIODIC REINFORCEMENT OF TRAINING 5. SUFFICIENT DISCIPLINE REGARDING IMPLEMENTATION 6. PERIODIC FOLLOW-UP 80
THE IMPORTANCE OF A CLEAN ENVIRONMENT I would ask all of us to remember that protecting our environment is about protecting where we live and how we live. Let us join together to protect our health, our economy, and our communities -- so all of us and our children and our grandchildren can enjoy a healthy and a prosperous life. 81