USGS Guide to Federal Environmental Laws and Regulations
SOLID AND HAZARDOUS SUBSTANCES
Table of Contents
Applicable Statutes
-
- Federal
Insecticide, Fungicide, and Rodenticide Act, (PL 95-516; 7
U.S.C. 136-136y)
- Toxic
Substances Control Act, (PL 96-469; 15 U.S.C. 2601-2692)
-
Resource
Conservation and Recovery Act (Solid Waste Disposal Act),
(PL102-579; 42 U.S.C. 6901-6992k)
-
Comprehensive
Environmental Response, Compensation and Liability Act of 1980,
(PL 101-510; 42 U.S.C. 9601-9675)
Purpose
The Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) supplies the
legal requirements to have pesticides registered, classified, labeled,
distributed, and properly used. FIFRA was written to protect humans
and the environment from the possible adverse effects of insecticides,
fungicides, and rodenticides.
Major Provisions by Section
- § 3
(7 U.S.C. 136a)- Registration of pesticides
- All pesticides must be registered with the EPA. Each pesticide must
perform its intended function in a manner to prevent unreasonable
adverse effects on the environment. A pesticide classification system,
denoting pesticide use as either restricted or general, is also put
forth.
§
4 (7 U.S.C. 136a-1)- Reregistration of registered
pesticides
- The active ingredients of pesticides
being produced before November 1, 1984 must be reregistered following
the phases outlined in this section.
§
5 (7 U.S.C. 136c)- Experimental use permits
- Permits may be issued for pesticides that are yet unregistered in
order for the registrants to accumulate information necessary to
register the pesticide.
§ 6
(7 U.S.C. 136d)- Administrative review; suspension
- Section 6(a) provides for the automatic
cancellation of a pesticide registration after five years unless
the registrant requests that the registration be continued. By part
(b), registration may be canceled by the EPA Administrator if it is
demonstrated that the pesticide causes unreasonable adverse effects on
the environment. Upon final cancellation, a product is removed from
the market. If a cancellation is deemed too harsh for the particular
situation, a pesticide may be suspended, as it is discussed in part
(c). Suspensions provide an
immediate ban on the production and distribution of a pesticide while
its fate is decided through review of the available studies on its
health and environmental effects. Suspensions may be ordinary or
emergency in nature, and ultimately lead to a cancellation.
§
(7 U.S.C. 136i)- Use of restricted pesticides; applicators
- This section lays out the certification requirements for both private
and commercial pesticide applicators.
§
(7 U.S.C. 136o)- Imports and exports
- Pesticides registered under the Act are able to be legally
exported when prepared accordingly. Monitoring provisions for imports
and exports are presented.
Pertinent Regulations
- 40 CFR Part 152 -Pesticide Registration and Classification
Procedures, EPA
Section 3 of FIFRA gives the requirements for criteria concerning
registration andreregistration procedures that are presented in this
part. Subpart B gives some exemptions to the process. Registration
procedures are discussed in Subpart C, stating that any person may
apply for new registration of a pesticide product. Subpart D is
similar to C, except that it gives the procedures for reregistration,
as is required by § 3(g) of FIFRA. Further along, in Subpart F,
guidelines are given for EPA review of applications. Pesticides are
later classified in Subpart I to either restricted use or general
use. Restricted use pesticides may only be usedby certified
applicators, such as growers and exterminators. General use pesticides
may be used by the public, in accordance with the label directions.
- 40 CFR Part 155 -Registration Standards, EPA
EPA is required to publish an annual listing in the Federal Register
of the pesticides for which Registration Standards are currently being
developed. Public meetings with EPA may occur concerning Registration
Standards under development, if EPA chooses.
- 40
CFR Part 156- Labeling Requirements for Pesticides and Devices,
EPA
This regulation gives detailed requirements for the labeling of
pesticides. Attention is given towards contents of the label,
legibility, language, placement of label, false ormisleading
statements, warnings and precautionary statements, and directions for
use, among other topics. Worker protection statements are discussed in
Subpart K.
- 40 CFR Part 158- Data Requirements, EPA
The data requirements needed by EPA to make regulatory judgements
about the risks and benefits of pesticide products are presented. This
regulation gives the types and minimum amounts of information
needed. Areas addressed include format of data submissions and the
flagging of studies for potential adverse effects. Information is
given on the requirements for chemical data. Much of the bulk is
concentrated on the data requirement tables where chemicals are
individually listed along with necessary materials.
- 40
CFR Part 166- Exemption of Federal and State Agencies for Use of
Pesticides under Emergency Conditions, EPA
In FIFRA, the EPA Administrator is given the authority to exempt state
and Federal agencies from any of the Act s provisions if it is
determined that emergency conditions exist which require an
exemption. Exemptions may be specific, quarantine, public health, or
crisis in nature. Examples of specific exemptions are those issued in
order to avert significant economic loss, significant risks to
endangered or threatened species, beneficial organisms, or to the
environment. Clarification is given for each of these exemption types
in later sections of the regulation.
- 40
CFR Part 167- Registration of Pesticide and Active Ingredient
Producing Establishments, Submission of Pesticide Reports,
EPA
All pesticide producers must register with the EPA. An application for
establishment must be submitted before any production can occur at a
facility. Pesticide reports must be submitted annually in order to
keep the registration effective. The report requirements are given in
Subpart E.
- 40
CFR Part 172- Federal Issuance of Experimental Use Permits,
EPA
FIFRA lends the opportunity to issue experimental use permits for
those wishing to accumulate information in order to register a
pesticide. While under experimental use permits, pesticides may not be
sold or distributed other than through participants. Experimental use
permits may be issued by the Federal or state governments.
- 517 DM 1- Pesticide Use Policy,
Department of the Interior
The entire chapter covers the department s policies for pesticide use
for compliance with FIFRA. Thirteen different policy statements are
made, with the first being that pesticides shall only be used after
full consideration of alternatives based on various effects.
Purpose
According to Congress, the policy of the Toxic
Substances Control Act (ToSCA) is to develop adequate data with
respect to the effect of chemical substances on health and the
environment. Economic considerations were intended to be considered as
well, as authority over chemical substances should not impede unduly
or create unnecessary economic barriers to technological innovation.
The risks that a chemical poses are intended to be understood before
that chemical is introduced into commerce.
Major Provisions by Section
- § 4 (15
U.S.C. 2603)- Testing of chemical substances and mixtures
- For chemicals that may present an unreasonable risk of injury to health or
the environment, the EPA Administrator may require that testing be conducted to
develop data where it is insufficient, in order to determine if such
risk really does exist.
§
5 (15 U.S.C. 2604)- Manufacturing and processing notices
- Before producing a new chemical
substance or a substance which displaysa significant new use, a manufacturer
must notify the EPA at least 90 days prior to production and show that
the substance will not present unreasonable risk. This is known as
premanufacture review. EPA then has the position to approve or deny
the chemicals distribution.
§
6 (15 U.S.C. 2605- Regulation of hazardous chemical substances and
mixtures
- When the EPA Administrator finds there is a reasonable basis to
conclude that the manufacture of an existing chemical substance will
present an unreasonable risk of injury to health or the environment,
the Administrator may limit or prohibit the manufacture of the
substance.
§
7 (15 U.S.C. 2606)- Imminent hazards
- The authority is given to the EPA Administrator to pursue a civil
action in order to seize an imminently hazardous chemical substance or
for relief against any person who produces such a substance.
§
8 (15 U.S.C. 2607)- Reporting and retention of
information
- Every person who produces a chemical substance is required to keep
records reporting that substances history. These records may be
submitted to the EPA for review.
-
§
9 (15 U.S.C. 2608)- Relationship to other Federal laws
- This is a somewhat unique provision in that it gives the EPA
administrator permission to assign a chemical s regulation to other
laws that may be more effective in reducing the risks posed by that
chemical than ToSCA itself.
§
20 (15 U.S.C. 2619)- Citizens civil actions
- Citizens of the U.S. are granted the right to file suit against any
person in violation of ToSCA or the EPA Administrator for failure to
perform nondiscretionary duties under the Act.
Pertinent Regulations
- 40
CFR Part 720- Premanufacture notification, EPA
Manufacturers of new chemical substances must give premanufacture
notice of production to the EPA. Guidance is given as to how to use
the notice form, and when and where to submit it. Information is later
given on EPA review procedures. Subpart E provides policy regarding
claims of confidentiality for the public disclosure of various
information types.
- 40
CFR Part 721- Significant New Uses of Chemical Substances,
EPA
Section 5 of ToSCA outlines requirements for manufacturers to notify
EPA of any significant new uses of chemical substances. This part
identifies the generic requirements for certain new uses and also
lists specific substances along with their significant new uses.
- 518 DM 1- Comprehensive Waste Management, Department of the Interior
This chapter defines waste to include solid and hazardous waste,
hazardous materials, and hazardous substances. Departmental policies,
responsibilities, and functions regarding waste management are
presented, with an aim towards prevention of hazardous waste
generation. The use of sound waste management practices is mandated.
Purpose
What is officially known by the U.S. Code as the Solid Waste
Disposal Act (SWDA), is more commonly known as the Resource
Conservation and Recovery Act, which amended the SWDA in
1976. RCRA is intended to be a cradle-to-grave statute as hazardous
wastes are closely tracked through their entire lifespan. Section 1003
of RCRA gives the objective to promote the protection of health and
the environment and to conserve valuable material and energy
resources. The Act expands on this by listing several steps to
achieve the goal. Among these are: to prohibit future open land
dumping, to reduce the generation of hazardous wastes, to ensure safe
handling of wastes, to promote waste research and development, and to
encourage recovery, recycling, and treatment as land disposal
alternatives.
Major Provisions by Section
- §
3001 (42 U.S.C. 6921)- Identification and listing of hazardous
waste
- EPA is required to publish a list of wastes determined to be
hazardous along with criteria that may be used in classifying wastes
as hazardous.
§ 3002 (42
U.S.C. 6922)- Standards applicable to generators of hazardous
waste
- This section establishes record keeping requirements and gives
RCRA its widely-used cradle-to-grave reference by establishing a
manifest system. A manifest must
always accompany a hazardous waste
from the moment it is generated to its final disposal resting place.
§ 3003 (42
U.S.C. 6923)- Standards applicable to transporters of hazardous
waste
- Transporters of hazardous waste are required to
use the same manifest system that was established in the previous
section for generators of hazardous waste.
§ 3004 (42
U.S.C. 6924)- Standards applicable to owners and operators of
hazardous waste treatment, storage, and disposal facilities
- EPA is required to set standards for the operations of treatment,
storage, and
disposal facilities (TSDs). This section also established what is
known as the land ban which greatlyrestricts the land disposal of untreated
wastes. This section gives minimum technology requirements and mandates
action plans for accidental releases of hazardous wastes. Section 3005
requires TSDs to receive permits for these requirements and plans.
§ 3008 (42
U.S.C. 6928)- Federal enforcement
- The Federal government is given enforcement authority which includes
criminal, civil, and administrative penalties.
§§
4001-4010 (42 U.S.C. 6941-6949a)- State or regional solid waste
plans
- States are given the responsibility for establishing solid waste
management plans which mainly address non-hazardous wastes. Certain
guidelines are given for the state to follow including those for
energy and materials conservation, sanitary landfills, and open dumps.
§ 7002 (42
U.S.C. 6972)- Citizens suits
- Citizens are given the right to file suits against any person who
violates RCRA regulations or permits, or who has or is contributing to
the handling of any solid or hazardous waste that may present an
imminent and substantial endangerment to health or the
environment. Actions may also be filed against the EPA Administrator
for failure to perform nondiscretionary duties.
§ 7003 (42
U.S.C. 6973)- Imminent hazard
- EPA has the right to restrain anyone who may present an imminent and
substantial endangerment to health or the environment through evidence
based on past or present handling, storage, treatment, transportation,
or disposal of any solid or hazardous waste.
§
7006 (42 U.S.C. 6976)- Judicial review
- Judicial review for RCRA is given to the D.C. Circuit.
§
9002 (42 U.S.C. 6991a)- Notification
- Owners of underground storage tanks are required to notify the state
authorities of the age, size, type, location, and uses of each tank.
§
9003 (42 U.S.C. 6991b)- Release, detection, prevention, and
correction regulations
- The EPA is required to issue regulations for underground storage tanks
which shall include those covering leak detection, record maintenance,
release reporting, financial requirements, and new tank performance
standards.
§
11003 (42 U.S.C. 6992b)- Tracking of medical waste
- A demonstration program is begun to track medical wastes in certain
states. The program is much like the hazardous waste manifest system,
except that it applies solely to medical wastes.
Pertinent Regulations
-
40 CFR Part 256- Guidelines for Development and Implementation of
State Solid Waste Management Plans,
EPA
Under RCRA, states are required to implement environmentally sound solid waste management plans. The
various sections of this part summarize what is to be included in the
plan. One of these requirements is that the plan shall identify the
responsibilities of the state and local authorities and the
distribution of Federal funds. The plan must also prohibit the
establishment of new open dumps and contain requirements for resource
recovery or sanitary landfill disposal of all solid waste. Another
provision to be included is the closing or upgrading of all existing
open dumps. Subpart E examines the steps needed in planning any
disposal facilities.
- 40
CFR Part 257- Criteria for Classification of Solid Waste Disposal
Facilities and Practices, EPA
Criteria used in determining which solid waste disposal facilities and
practices pose a reasonable probability of adverse health or
environment effects are put forth. Many prohibitions are also
presented, including those addressing endangered species, surface and
ground water, air, and safety.
- 40
CFR Part 258- Criteria for Municipal Solid Waste Landfills,
EPA
Under RCRA, owners and operators of municipal solid waste landfills
must follow national standards, as given in this regulation. The
criteria have been established to ensure the protection of human
health and the environment. Thorough coverage of location
restrictions, operating and design criteria, ground-water monitoring
and corrective action, closure care, and financial assurance is given.
- 40
CFR Part 261- Identification and Listing of Hazardous Waste,
EPA
This part provides a detailed picture of what a solid or hazardous
waste is, as they apply to RCRA. Hazardous wastes may appear as either
listed or characteristic. Listed wastes are presented in §§
261.31 & 261.32. Characteristic wastes fill one or more of the
definitions for ignitable, corrosive, reactive, or toxic wastes.
- 40
CFR Part 262- Standards Applicable to Generators of Hazardous
Waste, EPA
A generator, as defined under
RCRA, is responsible for determining whether or not a waste is
hazardous, using the guidance given in § 262.11. Generators must
then prepare a hazardous waste manifest for any waste deemed
hazardous. Pre-treatment requirements are presented, including
packaging, labeling, and marking guidelines. Manifest records must be kept for at least
three years from the date the waste was accepted by the initial
transporter.
- 40
CFR Part 263- Standards Applicable to Transporters of Hazardous
Waste, EPA
The cradle-to-grave system of tracking a hazardous waste is employed
here. Transporters of hazardous wastes must have an EPA
identification number. No waste may be accepted that does not have a
hazardous waste manifest accompanying it. The manifest must do so at
all times. A transporter must sign
and date the manifest before actually transporting the waste. Before
the waste can be taken to another transporter or to the designated
facility, the transporter must obtain a dated signature from the next
person handling the waste. Transporters must keep copies of the
manifest for three years from the date the waste was accepted by the
initial transporter. If any waste is spilled during transport,
immediate action must be take to protect human health and the
environment, and notice needs to be given to the National Response
Center, if required by 49 CFR Part 171.15.
-
40
CFR Part 264- Standards for Owners and Operators of Hazardous
Waste Treatment, Storage, and Disposal Facilities, EPA
The standards in this part apply to owners and operators of hazardous
waste treatment, storage, and disposal facilities. It lays out the
basic facility standards along with more specific rules for
contingency plans, the hazardous waste manifest system, container
requirements, waste piles, and landfills. Air emission standards are
addressed in Subparts AA through CC.
-
40
CFR Part 268- Land Disposal Restrictions, EPA
This part covers what is commonly referred to as the land ban. The ban
prohibits the land disposal of certain hazardous wastes before such
wastes can be treated. The regulation gives the standards for
treatment for the various wastes, which are listed in this part s
various appendices.
-
40
CFR Part 270- EPA Administered Permit Programs: The Hazardous
Waste Permit Program, EPA
Subtitle C of RCRA provides for
the Hazardous Waste Permit Program which is expanded upon in this
regulation. Permits are required for the treatment, storage, and
disposal of hazardous wastes. This regulation should be referred to
for the particular steps and conditions of the application process.
- 518 DM 1- Comprehensive Waste Management, Department of the Interior
This chapter defines waste to include solid and hazardous waste,
hazardous materials, and hazardous substances. Departmental policies,
responsibilities, and functions regarding waste management are
presented, with an aim towards prevention of hazardous waste
generation. The use of sound waste management practices is mandated.
Purpose
Better known by the name Superfund, the
Comprehensive Environmental Response, Compensation and Liability
Act (CERCLA) received its popular name as a result of the enormous
fund that was created to finance the clean-up costs of hazardous waste
sites. CERCLA is indeed comprehensive in that it not only provides for
remedial actions to be taken at contaminated sites, but it also
establishes an expansive liability scheme where subjects may be held
in joint,
strict , and
several liability. This strategy
provides powerful incentives for preventing the releases of hazardous
substances. CERCLA was amended by the Superfund Amendments and
Reauthorization Act (SARA) in 1989 which clarified often misunderstood
portions and provided stringent new clean-up requirements.
Major Provisions by Section
- §
103 (42 U.S.C. 9603)- Notification requirements respecting
released substances
- Any release of hazardous substances by any person is to be reported to the
National Response Center. The
reportable quantity trigger for each substance is listed in 40 CFR
Part 302.4.
§ 104 (42
U.S.C. 9604)- Response authorities
- The President of the U.S. is given the right to order removal or
remedial action consistent with the National Contingency Plan in
response to actual or threatened releases of hazardous substances.
§
105 (42 U.S.C. 9605)- National contingency plan; preparation,
contents, etc.
- Several important tools are created. One is the National Contingency
Plan (NCP), which establishes clean-up procedure for hazardous waste
sites. Site are added to a National Priorities List (NPL) based on
their relative degree of endangerment using the Hazard Ranking System
(HRS). Sites that receive scores of greater than 28.5 are added to the
NPL and are eligible for remediation through the NCP.
§
106 (42 U.S.C. 9606)- Abatement actions
- The President s authority is expanded to allow orders requiring the
abatement of actual or potential releases that may create imminent and
substantial endangerment to health, welfare, or the environment.
§
107 (42 U.S.C. 9607)- Liability
- Liability is imposed on current owners/operators of facilities,
owners/operators at the time of disposal, those who arrange for
transportation, disposal, or treatment, and those who accept hazardous
substances for transportation, disposal, or treatment. Potentially
Responsible Parties (PRPs) may be responsible for the costs of all
removal or remedial actions incurred by the federal government not
inconsistent with the NCP, other necessary costs incurred by any other
person consistent with the NCP, damage for injury to natural
resources, and any health assessment study. Liability under CERCLA is
held as strict, joint, and several .
§
111 (42 U.S.C. 9611)- Use of Fund
- Authorizes for the deposit of $8.5 billion to the Superfund for the
period 1986-1991 and $5.1 billion from 1991-1994. The Superfund is
financed through taxes imposed on the petroleum and chemical
industries, and a special environmental tax on corporations. General
tax revenue also contributes to the Superfund.
§
121 (42 U.S.C. 9621)- Cleanup standards
- Preference is stated towards remedial actions that are permanent in
nature rather than temporary. Cleanups are required to follow the
legally applicable or relevant and appropriate standard, requirement,
criteria or limitation (ARAR) and be cost-effective.
§
122 (42 U.S.C. 9622)- Settlements
- The President is permitted to enter into any agreement with any person
to perform any response action. Part (g) addresses de minimus
settlements, urging such settlements when a potentially responsible
party contributes a minor portion of contaminants at any site.
Pertinent Regulations
- 40
CFR Part 302- Designation, Reportable Quantities, and
Notification, EPA
Hazardous substances, as they apply to CERCLA, are listed in this
part, along with the reportable quantities (§ 302.4) and
notification requirements (§ 302.6) for releases of these
substances. This list is a vital one for any person working near those
substances.
- 40
CFR Part 373- Reporting Hazardous Substance Activity when Selling
or Transferring Federal Real Property, EPA
To quote the CFR directly: whenever any department, agency or
instrumentality of the United States enters into any contract for the
sale or other transfer of real property...at which any hazardous substance was stored for one
year or more, known to have been released, or disposed of, the head of
such department, agency or instrumentality must include in such
contract notice of the type and quantity of such hazardous substance
and notice of the time at which such storage, release or disposal took
place...
- 43 CFR Part 11- Natural Resource Damage Assessments, Department of the
Interior
CERCLA has a provision to assess damages to natural resources
resulting from the release of a hazardous substance where damages may
be recovered. Although these procedures are not mandatory, Federal
agencies must use them to show standing under CERCLA § 107. The
regulation covers preassessment measures, and the actual assessment
process itself, where it must be decided if the assessment is either
type A or type B. Type A assessments apply most often to
straight-forward, standard procedures while Type B plans often call
for alternative methodologies. The various phases of each type are
presented. The last section of this part describes the post-assessment
phase.
- 518 DM 1- Comprehensive Waste Management, Department of the Interior
This chapter defines waste to include solid and hazardous waste,
hazardous materials, and hazardous substances. Departmental policies,
responsibilities, and functions regarding waste management are
presented, with an aim towards prevention of hazardous waste
generation. The use of sound waste management practices is mandated.
- Executive
Order 12856- Federal Compliance with Right-to-Know Laws
and Pollution Prevention Requirement, August 3, 1993
-
Signed by President Clinton, E.O. 12856 sets out to ensure federal
facility compliance with the chemical reporting requirements of the
Emergency Planning and Community Right-to-Know Act of 1986 and the
Pollution Prevention Act of 1990. One of the main objectives is for
Federal facilities to reduce the amount of toxic chemicals entering
any waste stream through source reduction and recycling
activities. Another goal is to require agencies to report to the
public information on any toxic chemicals entering the waste stream
from their facility. Finally, the order encourages clean technology
and safe alternative markets concerning toxic chemicals. The agency
head is required to develop a written
pollution prevention strategy. Federal agencies must also establish
goals to reduce toxic chemical releases from their facilities by 50
percent. Agencies must also establish plans to eliminate or reduce the
purchasing of products that contain toxic or extremely hazardous
substances.
- Cancellation
- the process of
reviewing a pesticide, possibly resulting in the banning of its
production and distribution, in situations where a properly used
pesticide may cause unreasonable adverse effects to the environment or
public health.
Chemical substance- any
organic or inorganic substance of a particular molecular identity,
including any combination of such substances occurring in whole or in
part as a result of a chemical reaction or occurring in nature and any
element or uncombined radical. Such term does not include any mixture,
any pesticide..., tobacco or any tobacco product, any source material,
special nuclear material, or byproduct material, any article the sale
of which is subject to the tax imposed by section 4181 of the Internal
Revenue Code of 1986, and any food, food additive, drug, cosmetic, or
device... (ToSCA, § 3(2))
Corrosive- term applied to
wastes capable of corroding metal which could escape their containers
which have a pH of less than or equal to 2.0 or greater than or equal
to 12.5 or are a liquid and corrode steel at a rate greater than 6.35
mm per year under specified testing procedures.
Disposal- the discharge,
deposit, injection, dumping, spilling, leaking, or placing of any
solid waste or hazardous waste into or on any land or water so that
such solid waste or hazardous waste or any constituent thereof may
enter the environment or be emitted into the air or discharged into
any waters, including ground waters. (RCRA, § 1004(3))
Generator- any person, by
site, whose act or process produces hazardous waste identified or
listed...or whose act first causes a hazardous waste to become subject
to regulation. (40CFR Part 260.10)
Hazardous substance- A) any
substance designated pursuant to section 1321(b)(2)(A) of Title 33, B)
any element, compound, mixture, solution, or substance designated
pursuant to section 9602 of this title, C) any hazardous waste having
the characteristics identified under or listed pursuant to section
3001 of the Solid Waste Disposal Act, D) any toxic pollutant listed
under section 1317(a) of Title 33, E) any hazardous air pollutant
listed under section 112 of the Clean Air Act, and F) any imminently
hazardous chemical substance or mixture with respect to which the
Administrator has taken action pursuant to section 2606 of Title
15. (CERCLA, § 101(14))
Hazardous waste- a
solid waste, or combination of solid wastes, which because of its
quantity, concentration, or physical, chemical, or infectious
characteristics may: A) cause, or significantly contribute to an
increase in mortality or an increase in serious irreversible, or
incapacitating reversible, illness; or B) pose a substantial present
or potential hazard to human health or the environment when improperly
treated, stored, transported, or disposed of, or otherwise
managed. (RCRA, § 1004(6))
Ignitable- term applied to
wastes capable during routine handling of causing a fire or
exacerbating a fire once started.
Imminent hazard- a
situation which exists when the continued use of a pesticide during
the time required for cancellation proceeding would be likely to
result in unreasonable adverse effects on the environment or will
involve unreasonable hazard to the survival of a species declared
endangered or threatened...(FIFRA, § 2(l))
Joint liability- a
liability standard by which more than one party can be held
responsible.
Manifest- the form used for
identifying the quantity, composition, and the origin, routing, and
destination of hazardous waste during its transportation from the
point of generation to the point of generation to the point of
disposal, treatment, or storage. (RCRA, § 1004(12))
Pollution
prevention- ...practices that reduce or eliminate the
creation of pollutants through: (a) increased efficiency in the use of
raw materials, energy, water, or other resources; or (b) protection of
natural resources by conservation. (E.O. 12856, § 2-203)
Reactive- term applied to
wastes that are extremely unstable and have a tendency to react
violently or explode during management.
Remedial action- an action
consistent with permanent remedy taken instead of or in addition to
removal actions in the event of a release or threatened release of a
hazardous substance into the environment, to prevent or minimize the
release of hazardous substances so that they do not migrate to cause
substantial danger to present or future public health or welfare or
the environment. (CERCLA, § 101(24))
Resource recovery- the
recovery of material or energy from solid waste. (RCRA, § 1004(22))
Several
liability- liability involving cases with mutilple
parties, where any party may be responsible for any fraction of the
damages, regardless of the party's contribution.
Significant new use- a use
that will result in increased production volume, a different or
greater extent of exposure, a different disposal method, or even a
different manufacturing site.
Solid waste- any garbage,
refuse, sludge from a wastewater treatment plant, water supply
treatment plant, or air pollution control facility and other discarded
material, including solid, liquid, semisolid, or contained gaseous
material resulting from industrial, commercial, mining, and
agricultural operations, and from community activities, but does not
include solid or dissolved material in domestic sewage, or solid or
dissolved materials in irrigation return flows or industrial
discharges which are point sources subject to permits... (RCRA, §
1004(27))
Storage- the containment of
hazardous waste, either on a temporary basis or for a period of years,
in such a manner as not to constitute disposal of such hazardous
waste. (RCRA, § 1004(33))
Strict liability- a
liability standard through which a party may be responsible for
damages even without proof of negligence or intentional or
unreasonable actions.
Suspension- the act of putting an
immediate ban on the use of a pesticide lasting through the process of
deciding whether or not to cancel it in order to prevent an imminent
hazard resulting from the pesticide s continued use.
Toxic- term applied to
wastes likely to leach hazardous concentrations of specific toxic
constituents into groundwater under mismanagement conditions, as
provided in the Toxicity Characteristic Leaching Procedure (TCLP).
Transporter- a person
engaged in the offsite transportation of hazardous waste by air, rail,
highway, or water. (40 CFR Part 260.11)
Treatment- any method,
technique, or process, including neutralization, designed to change
the physical, chemical, or biological character or composition of any
hazardous waste so as to neutralize such waste or so as to render such
waste nonhazardous, safer for transport, amendable for recovery,
amenable for storage, or reduced in volume. (RCRA, § 1004(34))
Any project that involves the planned control of pests, namely through
the use of pesticides.
Any process that produces or involves the use of substances that are
classified as either listed or characteristic substances under RCRA or
hazardous under CERCLA.
Any action that involves the disposal of solid, toxic, or hazardous
wastes not routinely handled by municipal waste facilities.
FIFRA (see 517 DM 1)
- Evaluate proposed
actions so that alternatives to pesticide use may be considered. Use
integrated pest management (IPM) strategies whenever possible.
- If pesticides must be used, choose the least hazardous material
that will meet the project goals and is registered with EPA.
- When using restricted use pesticides, notice of application must
be posted in advance to curtail public exposure.
- Before, during, and after pesticide application, quality control
monitoring must be conducted to determine the effects of application.
RCRA
- Determine if the proposed action
generates listed or characteristic hazardous wastes under RCRA.
- If the project does generate hazardous waste, then a hazardous
waste manifest and permit are
required. Details on manifest preparation can be found in 40
CFR Part 262.
- If hazardous waste is being transported,
the 40
CFR Part 263
contains guidance on precautions that need to be taken. This includes
handling of the manifest, use of EPA identification numbers, and
permit information.
- Whenever disposal of hazardous wastes is desired, it must first be
determined if the waste requires further treatment, as detailed in 40
CFR Part 268. Wastes need to be treated accordingly.
CERCLA
- Any accidental or knowing release of a hazardous substance in quantities
meeting or exceeding those presented in CFR
Part 302 must be reported to the National Response Center.
- At ALL TIMES, make sure that proper clean up and containment
procedures are taken whenever hazardous wastes are involved in a
project. Remember, CERCLA liability is comprehensive to include
virtually ANYONE connected with the handling of hazardous wastes.
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U.S. Department of the Interior 
Cultural & Historic Resources