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Show details for Air Emissions (RCRA)Air Emissions (RCRA)
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11/19/2003TRAINING AND MANIFEST SIGNATURE REQUIREMENTS FOR GENERATORSMemo
 Description: Training requirements depend on generator status. Conditionally exempt small quantity generators do not have training requirements. Generators who ship hazardous waste are subject to both RCRA and DOT regulations and need to comply with both EPA and DOT training requirements. The generator certification language on the manifest is essentially the same as the DOT shipper certification. Generators or representatives signing the certification on their behalf certify that materials being shipped are properly classified, described, packaged, marked and labeled, and in proper condition for transport. DOT regulations assume and EPA interprets its regulations to mean that the person signing the certification has personal knowledge of the facts regarding a waste and its proper preparation for transport. Appropriate knowledge at a minimum would require the successful completion of DOT training requirements. The shipper certification language does not extend to the waste minimization statement on manifest. The company represented by the signor and the individual signor may be liable for regulatory compliance.
 
06/20/2001DISPOSAL OF OIL SLUDGE FROM OLD OIL TANKSMemo
 Description: The regulatory status of oil and oil sludge wastes removed from old tanks will depend upon whether the oil is used or unused, the source of the oil, and whether the oil sludge meets the definition of a hazardous waste. If the oil is unused, then the generator must make a hazardous waste determination based on testing or knowledge of the waste. Nonhazardous liquid oil may be mixed with an absorbant and disposed of in a municipal landfill. If the oil waste is hazardous, the waste must be managed in accordance with state and federal regulations. There are special federal exclusions for generators of less than 100 kg/month which may not be allowed by certain state regulations. Generators of hazardous waste are primarily liable for waste mismanagement, although any person may be held liable for violating RCRA regulations.
 
07/25/1997INCORPORATION OF PRETOX 2000 INTO LEADED PAINT STRIPPERMemo
 Description: Leaded paint scrapings and blasted paint typically fail the toxicity characteristic for lead. Use of additives in paint strippers or blasting grit to mask the leaching of hazardous constituents is not illegal under current regulations, but any masking may only be temporary. Use of such materials does not relieve the generator of CERCLA liability.
 
03/12/1997RCRA APPLICABILITY TO PAINT REMOVAL WASTESMemo
 Description: The paint removal process is not subject to regulation in some circumstances. Waste determination under Section 262.11 is made once the combination of paint and surface preparation product is removed from the surface of the structure. Each product user is responsible for waste determination. Nonhazardous waste which subsequently becomes hazardous is subject to regulation. Generators are potentially liable under CERCLA for damage caused by a release. A lead-based paint abatement contractor and building owner are both generators (cogenerators).
 
02/27/1997OBSOLETE LANGUAGE IN THE FINANCIAL TEST FOR SUBTITLE C TREATMENT STORAGE AND DISPOSAL FACILITIESMemo
 Description: The use of financial test or corporate guarantee for financial assurance requires the owner or operator’s chief financial officer (CFO) to submit a copy of a special report from a certified public accountant (CPA). Section 264.143(f)(3)(iii)(B) requires CPA negative assurance, which is now inconsistent with current professional auditing standards. In addition to, or in lieu of negative assurance, EPA will accept American Institute of Certified Public Accountant’s agreed-upon procedures engagement. The CFO can adjust for post-retirement benefits other than pensions, and defer recognition of these benefits as liabilities (SEE ALSO: 59 FR 51527; 10/12/94).
 
02/13/1997UNIVERSAL WASTE QUESTIONS AND ANSWERS DOCUMENTMemo
 Description: Presents a Universal Waste Questions and Answers Document. Addresses state authorization. Discusses the addition of wastes to the federal and state universal waste (UW) programs, fluorescent lamps (SEE ALSO: 64 FR 36466; 7/6/99), land disposal restrictions (LDR) recordkeeping requirements, the Mercury-Containing and Rechargeable Battery Management Act, batteries, pesticide collection programs, liability and enforcement, storage limits, mixtures of UW and hazardous waste, and manifesting.
 
12/01/1996TANGIBLE NET WORTH REQUIREMENTS FOR RCRA SUBTITLE C FINANCIAL ASSURANCEQuestion & Answer
 Description: Owners or operators using the financial test must possess a minimum tangible net worth of $10 million. When six times the amount of liability coverage, as required by the financial test, is more than $10 million, six times multiple is the minimum tangible net worth for the financial test.
 
03/12/1996CO-GENERATOR POLICY AND EXCEPTIONS WHEN A GENERATOR IS DESIGNATED BY A MUTUAL AGREEMENT AMONG CO-GENERATORSMemo
 Description: When the owner and the operator of a process unit are different, EPA looks first to the operator to fulfill generator duties, although the owner remains jointly liable. If the unit’s owner operates the unit but another party owns the chemical raw materials and removes the hazardous waste, both parties are cogenerators. EPA typically looks first to the party designated by the cogenerators to fulfill generator duties. Where the responsible party is not clearly designated, EPA looks to the operator of the process unit (SEE ALSO: 45 FR 72026; 10/30/80).
 
01/01/1995MANIFEST REQUIREMENTS FOR IMPORTED HAZARDOUS WASTEQuestion & Answer
 Description: Multiple parties may be considered importers (TSDF, broker, etc.). When more than one importer exists, they may decide among themselves who will act as the importer and whose ID number will be used. All parties are liable for compliance with RCRA regulations.
 
11/10/1994CLARIFICATION OF HOW PROVISIONS IN CERCLA APPLY TO ""SERVICE STATION DEALERS"" THAT HANDLE USED OILMemo
 Description: Clarification of the exemption from CERCLA liability for service station dealers (SSDs) is provided. Fast lube services are eligible for the SSD exemption if they accept Do-It-Yourself (DIY) oil and receive significant income from vehicle maintenance. The SSD exemption applies to both DIY used oil and used oil from customer vehicles. The 279 used oil standards apply to all used oil that is destined for recycling. EPA presumes that used oil will be recycled unless it is being disposed of, or being transported or stored prior to disposal.
 
09/29/1994APPLICABILITY OF CERCLA TO MERCURY-CONTAINING LAMPS AND PCB-CONTAINING BALLASTSMemo
 Description: Disposal of fluorescent lamps in a hazardous waste landfill is exempt from CERCLA reporting, but not from CERCLA liability or response provisions. The disposal of fluorescent lamps or ballasts in a Subtitle D landfill or a TSCA landfill is not exempt from CERCLA release reporting requirements.
 
03/22/1994REQUIREMENTS FOR MANIFESTING SHIPMENTS OF HAZARDOUS WASTE BY RAIL FROM CANADAMemo
 Description: RCRA Subtitle C regulations can only apply to U.S. parties. The U.S. importer, importer's agent, and transporter may all be generators. All generators are jointly and severally liable for compliance with the generator requirements. Rail shipments of hazardous waste need not be accompanied by a manifest. A generator of waste that is transported solely by rail forwards copies of the manifest directly to the designated facility.
 
03/04/1994USING A GENERATOR IDENTIFICATION NUMBER AND/OR MANIFEST TO DETERMINE LIABILITYMemo
 Description: The presence of an EPA ID number on the manifest is not the decisive factor in assessing liability. Cogenerators of waste are all potentially liable. While a second EPA ID number can be placed on the manifest to designate cogenerators, this is not required. There is no national policy on the issuance of EPA ID numbers for waste generated on ships.
 
10/04/1993POTENTIAL LIABILITY OF DISPOSAL FACILITIES WHEN DISPOSING OF CONTAMINATED DEBRISMemo
 Description: A disposal facilities remain responsible for ensuring that restricted wastes are disposed of in compliance with all applicable treatment standards. Disposal facilities can be liable for improper disposal of untreated waste. Disposal facilities should use their judgment on how to minimize their risk of liability. Strict liability applies under RCRA, so a facility can be liable for violation even if it acted in good faith, although good faith may mitigate penalties.
 
08/30/1991LEAD PAINT REMOVAL DEBRIS AND THE TCLP PROCEDUREMemo
 Description: Adding iron or other material to lead-based paint (LBP) removal waste (or to removal abrasive) to mask the lead (D008) characteristic is not legitimate and may subject the generator to additional liability. Whether the masking agent is added to the paint removal abrasive prior to the abatement process or added to the waste following generation is immaterial (SEE ALSO: RPC# 7/3/91-02).
 
03/13/1991SMALL QUANTITY GENERATOR (SQG) REQUIREMENTS AND LIABILITIESMemo
 Description: If a generator receives the return copy of the manifest with the required signatures (generator, transporter, TSDF) and maintains proper records, the generator should be in compliance with RCRA Subtitle C even if the waste is subsequently remanifested and sent by the TSDF to another facility for further treatment. A generator retains potential liability under CERCLA for future mismanagement.
 
11/08/1990BIAS CORRECTION APPLIED TO THE TCLPMemo
 Description: Whenever the TCLP is used, all the requirements in the procedure must be met. All results should be corrected for bias, even if below standard. Spike matrix recovery is a bias correction tool (SEE ALSO: 57 FR 26986; November 24, 1992). Data collected before September 25, 1990 need not be corrected for bias per toxicity characteristic rule. The owner/operation may be held liable for the proper disposal of improperly characterized waste.
 
09/07/1990CONSOLIDATION OF REGULATED MEDICAL WASTE FROM INDEPENDENT PHYSICIANSMemo
 Description: Addresses the definition of generator. Multiple medical waste generators at one site are individually liable. If such wastes are commingled, the generators could be jointly and severally liable. SQGs are eligible for certain exemptions (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
08/17/1989SCRAP DENTAL AMALGAMMemo
 Description: Dental silver amalgam is not specifically listed as a hazardous waste. The American Dental Association (ADA) research suggests amalgam does not exhibit extraction procedure (EP) toxicity (SUPERSEDED: See 261.24), but the burden of determination is ultimately the generator's. ADA data could be the basis of a determination by knowledge. CERCLA 107 liability is independent of the material’s regulatory status under RCRA.
 
03/02/1989FINANCIAL ASSURANCE FOR CORRECTIVE ACTION BEYOND FACILITY BOUNDARIESMemo
 Description: Discusses the circumstances under which the financial assurance liability instruments (insurance policy, letter of credit, surety bond, corporate guarantee, trust fund, and financial test) can be used to satisfy financial responsibility for corrective action beyond facility boundaries (off site). EPA does not believe the requirement for financial assurance for corrective action beyond the facility boundary duplicates other financial assurance requirements.
 
12/01/1988FINANCIAL ASSURANCEQuestion & Answer
 Description: The nonsudden liability coverage / financial assurance requirements are on an owner / operator specific basis, not on a facility specific basis. An owner of three TSDFs is required to demonstrate coverage for only $3 million per occurrence (not $9 million) (SEE ALSO: RPC# 10/1/88-02).
 
10/27/1988TREATMENT RESIDUALS OF CHARACTERISTIC HAZARDOUS WASTE AS A LISTED HAZARDOUS WASTEMemo
 Description: A sludge is F006 once it precipitates from an electroplating wastewater, whether at generator site or at off-site TSDF. Discussion of the derived-from rule for characteristic waste and waste listed solely for characteristic (SUPERSEDED: See RPC# 7/5/89-01; SEE ALSO: 66 FR 27266; 5/16/01). A generator is not required to identify the source of nonhazardous wastewater, but the TSDF responsible for assigning F006 to sludges. For improper waste characterization, correct the error on the manifest or reject the shipment. The generator and TSDF are potentially liable.
 
10/01/1988FINANCIAL ASSURANCEQuestion & Answer
 Description: The nonsudden liability coverage/financial assurance requirements are on an owner/operator specific basis, not a facility specific basis. An owner of three TSDFs is required to demonstrate coverage for only $3 million per occurrence (not $9 million).
 
11/23/1987EXCLUSIONS FOR PRE-EXISTING CONDITIONS IN RCRA TSDF INSURANCE POLICIES, GUIDANCE ONMemo
 Description: Provides examples of acceptable language for pre-existing conditions in TSDF liability insurance and a summary of steps for EPA or authorized states to follow when reviewing pre-existing conditions.
 
11/23/1987RISK RETENTION GROUPS AND FINANCIAL ASSURANCE REQUIREMENTSMemo
 Description: A risk retention group that meets the requirements of the Risk Retention Act of 1986 and which is licensed to transact the business of insurance in at least one state qualifies to issue liability insurance policies.
 
11/10/1987FACILITIES UNABLE TO MEET LIABILITY COVERAGE REQUIREMENTSMemo
 Description: Only a few hazardous waste facilities have been prevented from obtaining a permit because of noncompliance with the liability coverage.
 
11/10/1987THIRD-PARTY LIABILITY COVERAGE REQUIREMENTSMemo
 Description: Information obtained from a questionnaire will allow EPA to identify problems with obtaining third-party liability coverage, especially through the insurance mechanism. Facilities must demonstrate liability coverage for third-party bodily injury and property damage by sudden and non-sudden accidents.
 
06/15/1987EXPORTERS OF HAZARDOUS WASTE TO MEXICO, RESPONSIBILITIES OFMemo
 Description: The export of hazardous waste is prohibited unless the 262 Subpart E requirements are met. The U.S. and Mexico have bilateral agreements. The legal liability for hazardous waste does not end when the waste exits the U.S. Exported wastes must be manifested and handled in accordance with the receiving country’s terms of consent.
 
06/01/1987LIABILITY REQUIREMENTS OFSUBSIDIARIESQuestion & Answer
 Description: A parent company that uses a corporate guarantee to demonstrate financial assurance for multiple subsidiaries must base the financial test’s required multiples on the true aggregate of liability guaranteed.
 
04/01/1987LIABILITY COVERAGE REQUIREMENTS WITH RESPECT TO LOSS OF INTERIM STATUSMemo
 Description: A submittal of a Hazardous Waste Facility Liability Endorsement or a Certificate of Liability Insurance is sufficient to indicate compliance with RCRA liability coverage, since insurance companies can rely on the standard language rather than having to assure that the language of individual policies meets the regulatory requirements.
 
07/24/1986LIABILITY REGULATIONSMemo
 Description: Liability regulations assure funds will be available for third parties compensation, increases public confidence in and reduces opposition to proposed and existing hazardous waste management facilities, and promotes improved design and operation standards. Most insurers will require risk assessment before providing coverage.
 
07/03/1986RECYCLABLE CLOTH WIPERS AND DISPOSABLE INDUSTRIAL WIPERS USED TO CLEAN UP HAZARDOUS WASTESMemo
 Description: Disposable or reusable rags and wipers are hazardous waste (HW) if they are used to clean a characteristic HW and exhibit a characteristic or if they are used for listed HW. HW wiper disposal and laundry are regulated (SUPERSEDED: see RPC# 2/14/94-01). Handling may affect potential CERCLA liability.
 
03/24/1986LIABILITY AND RESPONSIBILITY FOR TRANSPORTATION AND DISPOSAL OF SMALL QUANTITIES OF HAZARDOUS WASTEMemo
 Description: A summary of CERCLA liability. A summary of regulations that apply to small quantity generators, both before and after the 3/2/86 Federal Register (51 FR 10146).
 
03/20/1986CAPTIVE INSURANCE COMPANIES TO COMPLY WITH LIABILITY COVERAGE REQUIREMENTS, CREATION OFMemo
 Description: The coverage for bodily injury or property damage to third parties is required for hazardous waste management facilities. Some industries have established captive insurance companies to comply with the liability requirements.
 
03/01/1986FINANCIAL TEST LIABILITIESQuestion & Answer
 Description: Discusses the definition of total liabilities for purposes of a financial test mechanism ratio. The total should include accounts payable.
 
01/28/1986HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAMS, CERCLA AND RCRA LIABILITY OF MUNICIPAL SPONSORS OFMemo
 Description: Household hazardous waste (HHW) is excluded from Subtitle C regulation even if accumulated in quantities that would otherwise be regulated, or when transported, treated, disposed. Household waste mixed with other regulated waste is regulated. There is no exemption from CERCLA liability. EPA may use enforcement discretion.
 
01/03/1986CORPORATE GUARANTEE AS ALTERNATIVE MEANS TO MEET FINANCIAL REQUIREMENTS; FACILITY TRANSFER/RECONSTRUCTION DURING INTERIM STATUSMemo
 Description: In the past EPA has discouraged the use of a parent company corporate guarantee to meet the financial responsibility liability coverage. EPA has reconsidered its position (SUPERSEDED: SEE 264.143(f)(1), 265.143(e)(1); 52 FR 44314; 11/18/87). Because the transfer of the interim status storage facility’s operations to a new site amounts to the reconstruction of a facility, the owner must obtain a permit before beginning construction under changes during interim status. An existing facility must close under 265 Subpart G.
 
12/13/1985PERMIT ISSUES REGARDING ON-SITE TREATMENT BY FLUIDIZED BED INCINERATIONMemo
 Description: A waste transferred from a generator to an incinerator located on a property leased from the generator does not have to be manifested if the waste never crosses public highway or never leaves the generator’s property. The permit for the incinerator located on a leased property at the generator site must be signed both by the owner of the property and the operator of the incinerator. The owner or operator of facility includes the owner of the land, the owner of the structures, and the operator of the facility or unit. Since both the owner of the property and the operator of a facility must sign a permit application, the two parties are jointly and severally liable for all RCRA requirements, including closure.
 
10/23/1985GENERATOR LIABILITY FOR DELISTED WASTE RELEASESMemo
 Description: Delisted waste is not subject to Subtitle C regulation, but the generator retains any CERCLA liability. Revocation of a delisting decision will not affect the status of previously delisted and disposed waste.
 
06/25/1985GENERATOR RESPONSIBILITIES FOR IMPORTATION OF HAZARDOUS WASTEMemo
 Description: The importer is the generator. The transporter and the U.S. facility arranging the import are importers and cogenerators. There is joint and several liability for generators and cogenerators. Imported hazardous waste (HW) must be manifested. Imported HW is subject to all applicable manifest requirements even if the importer and TSDF are the same.
 
01/01/1985FINANCIAL REQUIREMENTS FOR INACTIVE SURFACE IMPOUNDMENTSQuestion & Answer
 Description: An owner of a TSDF with an inactive surface impoundment must maintain both sudden and nonsudden liability insurance until closure is certified, even if the unit is not currently used to store hazardous waste.
 
11/28/1984ENVIRONMENTAL IMPAIRMENT LIABILITY INSURANCEMemo
 Description: Environmental impairment liability (EIL) is a type of insurance that may be used to meet the liability coverage for nonsudden accidental occurrences.
 
11/01/1984SUDDEN LIABILITY COVERAGE REQUIREMENTS Question & Answer
 Description: Financial liability insurance is required on a per firm basis rather than a per facility basis.
 
09/01/1984RECYCLING RESIDUESQuestion & Answer
 Description: The original generator is not liable for the mismanagement of residues generated by an off-site recycler. Hazardous wastes generated during a recycling operation are new wastes, and the recycler is viewed as the generator (SEE ALSO: 261.3(c)).
 
08/01/1984OWNER AND OPERATOR RESPONSIBILITIES DURING OPERATING LIFE AND CLOSUREQuestion & Answer
 Description: If they are separate persons, both the owner and operator are “permittees” on a permit. The operator frequently assumes the responsibility for meeting permit conditions. Both parties are liable during the operating life and for closure/post-closure of the facility. The owner may take control and full liability later if the permit is modified.
 
04/01/1984CFO SIGNATURE FOR FINANCIAL TESTQuestion & Answer
 Description: Only a Chief Financial Officer (CFO) can sign financial assurance and liability coverage demonstration letters.
 
12/15/1983COMPUTERIZED HAZARDOUS WASTE MANIFEST PREPARATION SERVICESMemo
 Description: A generator may use the services of outside firms to aid in preparing manifests. The generator must assure that information on the manifest is correct. The generator is ultimately responsible for the preparation of the form (generator liability).
 
06/17/1983LAND OWNER SIGNATURE ON PART AMemo
 Description: An incorrect signature on a permit application may be a criminal violation. Although it is usually unnecessary, the permitting authority should conduct a title search when it is needed. EPA is not liable for issuing a permit to the wrong party based on an incorrect Part A. EPA should assume that permit applicants are dealing in good faith. Public notice should serve to inform the public of who owns and operates the facility.
 
10/07/1982CERTIFICATIONS OF LIABILITY INSURANCE, HW FACILITYMemo
 Description: Clarifies the intended meaning of “per occurrence.” Claims-made policies can be used to comply with the liability coverage requirements. Use of the terms “sudden accidental occurrence” and “nonsudden accidental occurrence” does not preclude the use of other terms in a policy to describe the extent of coverage.
 
06/01/1982CERTIFICATION OF SUDDEN AND NONSUDDEN LIABILITY COVERAGE BY JULY 15, 1982Question & Answer
 Description: If an owner or operator used the financial test to satisfy both sudden and non-sudden liability coverage, they may want to add a separate letter notifying the Region of such use.
 
09/17/1981GENERATOR LIABILITY (7003)Memo
 Description: EPA typically does not enforce against a generator for the mishandling of hazardous waste by a designated facility. Discussion of generator liability. Legal action under 7003, other environmental laws, or common law is possible. Part of the generator responsibility is to ascertain that the destination facility is permitted to handle the waste.
 
05/20/1981APPLICABILITY OF GENERATOR REGULATIONS TO ON-SITE CONTRACTORSMemo
 Description: An on-site contractor removing hazardous waste from tanks, vehicles, and vessels qualifies as a generator. The contractor may be jointly and severally liable with other cogenerator for compliance with applicable regulations.
 
12/02/1980LIABILITY OF A SERVICING COMPANY AS A GENERATOR OF HAZARDOUS WASTEMemo
 Description: When hazardous wastes are generated in the servicing of equipment, both the equipment owner and the person servicing the equipment are generators (i.e., cogenerators), and both are jointly and severally liable for performing the part 262 generator responsibilities.
 
11/18/1980GENERATOR DETERMINATION- CONTRACTORS AND SUBCONTRACTORSMemo
 Description: Owner, operator, contractor, and subcontractor are generators (cogenerators) and are jointly and severally liable for complying with the generator standards. EPA prefers one party to assume the generator responsibilities.
 
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