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 4.5.2.3 Criteria For Listing Hazardous Wastes. Per 40 CFR 261.11,
Subpart B, the basis for listing solid wastes as hazardous are as follows:
1.
wastes exhibiting any of the characteristics identified in
40 CFR 261, Subpart C, shown above
2.
wastes found to be fatal to humans in low doses, or capable of causing
serious illness
3.
wastes containing any of the toxic constituents listed in
40 CFR 261, Appendix VIII, unless the waste is not capable of
posing a hazard to human health when. improperly treated,
stored, transported or disposed of.
4.5.2.4 An EPA hazardous waste number is assigned for each hazardous
waste. Lists of hazardous wastes from specific and nonspecific sources are
found in 40 CFR 261.31 and 40 CFR 261.32. Exclusions from these lists are shown
in 40 CFR 261, Appendix IX.
4.5.2.5 Discarded commercial products, off-specification species, and
container and spill residues containing the generic substances listed in 40 CFR
261.33 are considered hazardous wastes. Any solid waste containing identified
hazardous generic substances as an active ingredient of the mixture is a
hazardous waste. Additional information regarding the identification of
hazardous waste can be obtained from the installation environmental specialist.
4.5.3
Responsibilities
4.5.3.1 In addition to the standards imposed by the initial enactment
of RCRA in 1976, the Congress enacted the Hazardous and Solid Waste Amendments
of 1984, Public Law 98-616 (November 8, 1984), which substantially strengthened
EPA's ability to protect health and the environment.
4.5.3.2 Regulations imposing requirements upon those who generate and
transport hazardous waste, as well as those who own or operate a hazardous waste
storage, treatment, or disposal facility are found in 40 CFR 260-267. Permit
requirements and standards concerning state plan approval are found in 40 CFR
270-271. Each part regulates a different facet of hazardous waste management.
Copies of the regulations are available from the U.S. Government Printing Office
in Washington, D.C.
4.5.3.3 State hazardous wastes regulations vary nationwide. Some are
more stringent than the federal regulations. For example, used oil is
classified as hazardous waste in California and other states but not by EPA.
Therefore, if an installation located in California plans to burn used oil as
fuel in their boilers, a Part B permit may be required. This makes burning of
used oil as fuel not economically feasible in California.
4.5.3.4 DLA Responsibilities. The Defense Logistics Agency (DLA)
is responsible for disposition of all excess and surplus properties
(including scrap and hazardous wastes) generated by DoD. The DLA has been
charged with the management of hazardous wastes and other waste materials
[except those defined in Defense Environmental Quality Program Policy (DEQPP)
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