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
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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.
U.S. General Services Administration