GENERAL SERVICES ADMINISTRATION
Washington, DC 20405
PBS 1095.9
June 14, 2019
GSA ORDER
SUBJECT: Regulated Waste Management
1. Purpose. To establish GSA’s policy for managing regulated wastes.
2. Cancellation. This Order replaces the Hazardous Waste technical guide, PBS Universal Wastes: What You Need to Know Guide, and the PBS guidance document: Disposing of Personal Sharps Used in GSA Buildings.
3. Authority.
a. Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6901 et seq., as amended) including all applicable parts and subparts of Title 40: Protection of Environment: Parts 260-268—Standards for Hazardous Waste Management; 273—Standards for Universal Waste Management; and 279—Standards for the Management of Used Oil.
b. Toxic Substances Control Act (TSCA) (15 U.S.C. §2601 et seq., as amended) including all applicable parts and subparts of Title 40, Part 761—Polychlorinated Biphenyls (PCBs).
c. 40 CFR Chapter I, Subchapter R - TSCA.
d. Clean Air Act (CAA) (42 U.S.C. §7401 et seq., as amended) including all applicable parts and subparts of Title 40, Part 61, Subpart M—National Emission Standard for Asbestos.
e. 40 CFR Chapter I, Subchapter C – Air Programs.
f. Title 40 CFR Part 763, Appendix D to Subpart E: Transportation and Disposal of Asbestos Waste.
g. Title 49: Transportation: Parts 171-180.
f. Title 41: Public Contracts and Property Management: Subtitle C, Chapter 102—Federal Management Regulation.
g. Applicable National Fire Protection Association (NFPA) and International Fire Code (IFC) codes and standards.
4. Background.
a. The Environmental Protection Agency (EPA), under the authority of various public laws, develops regulations that set the framework for the proper management of hazardous and non-hazardous wastes. These regulations establish comprehensive requirements to ensure that hazardous waste, used oil, and toxic substance wastes are managed safely from the point of generation through disposal. Because RCRA is a comprehensive law, the generator of the hazardous waste maintains responsibility (i.e., liability) for the waste, even when the waste leaves the site for transportation, off-site storage, treatment, and/or disposal.
b. EPA may delegate authority to States to administer their own regulated waste programs. These regulations act “in lieu of” Federal regulations. As such, some States may control regulated waste differently.
c. The Federal Facility Compliance Act of 1992, an amendment to RCRA, requires Federal agencies to comply with all Federal, State, interstate, and local solid and hazardous waste laws and regulations, including the imposition of fines and penalties. As such, GSA tenants are responsible for understanding and complying with applicable regulated waste requirements at all governmental levels of regulation.
d. GSA and tenant agency operations that commonly generate regulated waste include, but are not limited to, firing ranges, laboratories, vehicle maintenance, renovations and repairs, and general building operations and maintenance (O&M) activities. The extent of regulation, and potential risks, to which GSA facilities are subject depends on the volume and type of hazardous waste generated or stored at a facility at any time.
e. The potential risks associated with regulated waste generation, management, and disposal includes property damage, major financial obligations, and negative impacts to human health, safety, and the environment.
5. Scope and Applicability. This Order and attachments apply to all facilities under GSA’s jurisdiction, custody, or control, including all leased space where GSA has control over waste management activities, and buildings delegated to other Federal agencies by the Administrator of General Services. These documents are not applicable to leases where the lessor is responsible for waste disposal, nor regulated waste activities associated with property excessed through the PBS Office of Real Property Utilization and Disposal.
6. Responsibilities. The Offices of Facilities Management, Project Delivery, and Portfolio Management and Customer Engagement, Regional Commissioners, Facility Management and Service Center Directors, Facility Managers and Lease Administration Managers shall ensure this Order is implemented in conformance with the companion desk guide and all its elements are incorporated into planning activities, management decisions, policy development, and operations.
7. Policy. Facilities and tenant agencies subject to this Order shall comply with all applicable Federal, State, and local regulations for the management of regulated waste, and the procedures set forth herein. Where differences among requirements exist, the more stringent requirement shall be applied.
8. General Requirements.
- GSA or its designee shall:
(1) Comply with all applicable governing standards for the proper management (e.g., packaging, labelling, characterization, transportation, and disposal, etc.) of regulated wastes as defined herein.
(2) Incorporate language in all Occupancy Agreements that requires tenants including delegates to comply with all applicable Federal, State, and local environmental regulatory requirements.
(3) To the extent practicable, reduce or eliminate the quantity of toxic and hazardous chemicals and materials acquired, generated, used, and disposed.
(4) Implement processes to determine the types of regulated wastes generated. Develop and maintain a current waste generation inventory to determine RCRA generator status, and comply with the requirements associated with the determined generator status.
(5) Obtain an EPA Hazardous Waste Identification Number (ID Number) in accordance with applicable regulations. To the extent allowable by the regulator, each waste generator shall be responsible for obtaining an ID Number.
(6) Manage all containers in accordance with the applicable EPA and Department of Transportation (DOT) regulations for the storage, packaging, labeling, marking, placarding, shipping, and disposal of regulated wastes.
(7) Contract only with licensed waste haulers and transfer regulated wastes only to an Approved Facility authorized to accept, recycle, treat, store, or dispose the specific wastes being shipped offsite.
(8) Complete, and maintain all records and reports in accordance with regulatory and GSA requirements (within, for example, the National Computerized Maintenance Management System) including waste sampling, waste characterization, accumulation, and shipping/disposition records (e.g., manifests). Regulated waste records shall be maintained for the life of the facility.
(9) Ensure appropriate personnel are trained as required by Federal, State, interstate, and local regulations. Training for contract personnel shall be the responsibility of the contractor.
(10) Develop and document site-specific spill prevention and control procedures and maintain appropriate level of cleanup supplies in accordance with Federal, State, interstate, and local regulations.
(11) Prepare and submit all notifications and reports as required by the regulator. This requirement may include but is not limited to the completion of Biennial Hazardous Waste Reports; notices of intention to demolish or renovate that may result in generation of asbestos or asbestos-containing materials (ACM); notices of PCB waste generation; and coordination with Local Emergency Planning Committee as applicable.
(12) Report releases to the appropriate regulator as required.
(13) Coordinate internal release reporting and other emergency events with GSA’s Office of Mission Assurance incident reporting system, and regional safety and environmental staff. Notify the Office of Facilities management’s Facility Risk Management Division within two (2) hours of discovery of releases that exceed the reportable quantity established by the regulator. Notify the Office of Facilities management’s Facility Risk Management Division of any incident(s) of non-compliance cited by a regulator.
b. GSA Tenants Shall.
(1) In accordance with the authority listed herein, comply with all applicable regulations for the proper management (e.g., Generator identification Number, packaging, labeling, characterization, transportation, and disposal, etc.) of regulated wastes as defined herein.
(2) Obtain, maintain, and provide upon request relevant documentation related to regulated waste management (i.e. training completion, hazardous waste identification number, etc.).
(3) Comply with GSA internal release reporting and emergency response requirements.
9. Point of Contact. Director, Facility Risk Management Division, Office of Facilities Management.
10. Attachments:
- Appendix A – “Regulated Waste Management Desk Guide’’
- Appendix B – “Acronyms and Definitions”
11. Signature.
/S/_____________________
DANIEL W. MATHEWS
Commissioner
Public Buildings Service
Appendix A: PBS 1095.9 Regulated Waste Management (Desk Guide)
Appendix B: Acronyms and Definitions
- Accumulation. The storage of hazardous waste that is either 1) at or near the point of generation and which is under the control of the operator of the process generating the waste, or 2) in a central accumulation area. Generator accumulation is subject to waste volume, type and time limits presented in 40 CFR Part 262.
- Approved Facility. A facility authorized via permit, license, or registration with the EPA or a State to receive a specific category or class of regulated waste. Examples of Approved Facilities include RCRA permitted and compliant hazardous waste treatment, storage, or disposal facilities (Designated Facility); facilities that treat, dispose, or recycle a particular category of universal waste, used oil or PCBs; and municipal hazardous waste landfills.
- Code of Federal Regulations (CFR). The codification of rules and regulations published in the Federal Register.
- Disposal. Shall mean the final disposition (treatment, neutralization, recycling, etc.) of any regulated waste. Lawful disposal must be accomplished in strict adherence with all regulatory governing standards including 40 CFR 262. Unlawful disposal may include dumping, spilling, and leaking of any regulated waste at a location other than an Approved Facility.
- EPA Hazardous Waste Identification Number (ID Number). A unique number assigned by EPA or an Authorized State to identify hazardous waste activities. The numbers are issued to certain regulated waste generators, transporters, and treatment, storage, or disposal facilities. The criterion for issuance of an ID Number varies by activity, and may not be applicable to all regulated waste generators.
- Generator. Any person, by site, whose actions or process produces regulated waste as defined herein; or a person whose act first causes a regulated waste to become subject to special waste handling governing standards.
- Hazardous Materials. For the purpose of this Order, shall be defined as any item that is required to have a Safety Data Sheet or is regulated by the DOT (e.g., oil, fuel, hazardous waste).
- Hazardous Waste (HW). Any solid waste as defined in 40 CFR 261.2 which is not excluded from regulation under 40 CFR 261.4(b), and (1) is listed as a hazardous waste on one of four lists found in 40 CFR Part 261.33; and/or (2) exhibits any of the following characteristics: toxicity, ignitability, reactivity, or corrosivity, or (3) is otherwise a hazardous waste as defined in 40 CFR 261.3.
- Large Quantity Generator (LQG). A generator who generates any of the following in a calendar month: 2,200 pounds (1,000 kg) or more of non-acute hazardous waste; more than 2.2 pounds (1 kg) of acutely hazardous waste; or greater than 220 pounds (100 kg) of any residue, or contaminated soil or water resulting of a spill of acute HW.
- Owner/Operator. As used herein, the term “owner” refers to the Federal agency that funds the operation that caused the generation of a regulated waste. The term “operator” refers generically to any Federal agency employee(s) or contractor assigned the responsibility for the management and proper disposal of regulated waste. These roles should be defined in the applicable Occupancy Agreement or use agreement.
- Regulated Wastes. For the purpose of this Order and associated desk guide, regulated wastes shall mean hazardous wastes, commercial chemicals, and used oil as defined by RCRA; listed and unlisted elements and compounds and hazardous wastes appearing in the table in 40 CFR Part 302.4; used personal-use sharps; batteries; Ozone Depleting Substances (ODS); asbestos or ACM wastes, PCB wastes and lead-based paint subject to the waste management requirements of the CAA or TSCA; and jurisdictionally-regulated wastes.
- Regulator. The government agency that has authority to implement or regulate any aspect of regulated waste programs. These agencies may include the Department of Labor - Occupational Safety and Health Administration (OSHA), EPA, an authorized state, or local agency.
- Small Quantity Generator (SQG). A generator who based on their waste determination generates any combination of the following amounts in a month: (1) greater than 220 pounds (100 kg), but less than 2,200 pounds (1,000 kg) of non-acute hazardous waste; (2) less than or equal to 2.2 pounds (1 kg) acute waste; (3) less than or equal to 220 pounds (100 kg) of any residue, or contaminated soil or water resulting of a spill of acute HW.
- Spill. Any unplanned release of a hazardous substance (hazardous material or regulated waste) into the environment. The term is used interchangeably with “release” and includes but is not limited to suspected releases, and confirmed releases.
- State. Any of the 50 United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
- Storage. The holding of regulated waste for a temporary period, at the end of which the waste is recycled, treated, disposed of, or stored elsewhere. The terms under which storage is regulated varies by site based on waste activities and type of wastes.
- Transporter. A person engaged in the offsite transportation of regulated waste by air, rail, highway, or water.
- Treatment. Any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste to neutralize such waste, or to recover energy or material resources from the waste, or to render such waste non-hazardous, or less hazardous; safer to transport, store, or dispose of; or amenable for recovery, amenable for storage, or reduced in volume.
- Used Oil. Any oil that has been refined from crude oil, or any synthetic oil, that has been used and, because of such use, is contaminated by physical or chemical impurities. Used oil includes, but is not limited to, used motor oil, gear oil, greases, machine cutting and coolant oils, hydraulic fluids, brake fluids, electrical insulation oils, heat transfer oils, and refrigeration oils. Used oil is not a federally regulated hazardous waste when managed in accordance with
40 CFR 279. However, some States may classify used oil as hazardous waste. In these cases, the more stringent regulations apply.
- Universal Wastes (UWs). Hazardous wastes that are subject to streamlined management standards when managed in accordance with the requirements of 40 CFR 273. Federally designated UWs include batteries, pesticides, mercury-containing equipment, and lamps. Authorized States may classify additional wastes as UWs.
- Very Small Quantity Generator (VSQG). A generator who generates less than or equal to any combination of the following amounts in a calendar month: (1) 220 pounds (100 kg) non-acute HW; (2) 2.2 pounds (1 kg) acute waste; (3) 220 pounds (100 kg) of any residue, or contaminated soil or water resulting of a spill of acute HW.
U.S. General Services Administration