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Hazardous Materials HAZ-MAT Laws and Regulations

Federal Regulations of the Hazardous Materials HAZ-MAT Industry

U.S Environmental Protection Agency

The Resource Conservation and Recovery Act (RCRA)

Under the RCRA, the U.S. EPA has divided Hazardous Waste into two categories:

  1. Listed Wastes, which appear on one of the four hazardous wastes lists established by EPA regulations:
    • The F-list (non-specific source wastes), which can be found in the regulations at 40 CFR §261.31.
    • The K-list (source-specific wastes), which can be found in the regulations at 40 CFR §261.32.
    • The P-list and the U-list (discarded commercial chemical products), which can be found in the regulations at 40 CFR §261.33.
  2. Characteristic wastes, which exhibit one or more of four characteristics defined in 40 CFR Part 261 Subpart C:

The U.S. EPA, responsible for creating requirements that can be used to implement and enforce the RCRA ruling, have made Hazardous Materials regulations which are available through 40 CFR Part 260. These sections explain the regulations for hazardous waste identification, classification, generation, management and disposal.

The U.S. EPA Hazardous Wastes Quick Finder

This online resource provided by the U.S. EPA gives detailed information for Hazardous Waste, how it is classified, and the regulations that govern different types of waste. Within this link there is a definition for solid waste (DSW), types of hazardous waste, how hazardous waste is generated, regulations for the transportation, treatment storage and disposal (TSD) of HAZ-MAT. Also included are information on waste minimization, hazardous waste recycling, corrective action, testing methods, and laws governing international waste.

Occupational Health and Safety Administration (OSHA)

General Industry (29 CFR 1910)

1910 Subpart E, Exit routes, emergency action plans, and fire prevention plans [related topic page]

1910.38, Emergency action plans

1910 Subpart H, Hazardous materials [related topic page]

1910.120, Hazardous waste operations and emergency response

Appendix A, Personal protective equipment test methods

Appendix B, General description and discussion of the levels of protective gear

Appendix C, Compliance guidelines

Appendix D, References

Appendix E, Training curriculum guidelines (Non-mandatory)

1910 Subpart I, Personal protective equipment [related topic page]

1910.134, Respiratory protection [related topic page]

1910 Subpart J, General environmental controls

1910.141, Sanitation

1910.146, Permit-required confined spaces [related topic page]

Appendix A, Permit-required confined spaces decision flow chart

Appendix B, Procedures for atmospheric testing

Appendix C, Examples of permit-required confined spaces programs

Appendix D, Confined space pre-entry check list

Appendix E, Sewer system entry

1910 Subpart L, Fire protection [related topic page]

1910.165, Employee alarm systems

1910 Subpart Z, Toxic and hazardous substances [related topic page]

1910.1200, Hazard communication [related topic page]

Construction Industry (29 CFR 1926)

1926 Subpart D, Occupational health and environmental controls

1926.65, Hazardous waste operations and emergency response

Appendix A, Personal protective equipment test methods

Appendix B, General description and discussion of the levels of protective gear

Appendix C, Compliance guidelines

Appendix D, References

Appendix E, Training curriculum guidelines (Non-mandatory)

Preambles to Final Rules

Hazardous Waste Operations and Emergency Response (1990)

Search all available preambles to final rules.

Federal Registers

Hazardous Waste Operations and Emergency Response. Final Rules 59:43268-43280 (1994, August 22).

Search all available Federal Registers.

Directives

Inspection Procedures for 29 CFR 1910.120 and 1926.65, Paragraph (q): Emergency Response to Hazardous Substance Releases. CPL 02-02-073, (2007, August 27). Also available as a 444 KB PDF, 119 pages. Updates enforcement procedures for compliance officers who need to conduct inspections of emergency response operations. It defines additional terms and expands on training requirements for emergency responders and other groups such as skilled support personnel. This OSHA instruction revises CPL 02-02-059, issued April 24, 1998.

Technical Enforcement and Assistance Guidelines for Hazardous Waste Site and RCRA Corrective Action Clean-up Operations HAZWOPER 1910.120 (b)-(o) Directive. CPL 02-02-071, (2003, November 5).

Compliance policy for emergency action plans and fire prevention plans. CPL 02-01-037 [CPL 2-1.037], (2002, July 9). Clarifies several Regional Instructions regarding 29 CFR 1910.38. Change to OSHA Instruction CPL 2-2.59A, Inspection Procedures for the Hazardous Waste Operations and Emergency Response Standard, Appendix F, page F-3, rescind citation policy of 29 CFR 1910.120(q)(1), April 24, 1998. Rescinds Clarifications of Interpretations and Citation Policy on 29 CFR 1910.38 and 1910.157 Standards, June 24, 1992.

Hazardous Waste Operations and Emergency Response; Final Rule and Corrections. CSP 01-01-024 [STP 2-1.154C], (1991, June 10). Describes a federal program change to the regions and state designees.

Search all available directives.

State Regulations of the Hazardous Materials HAZ-MAT Industry

New York State

NYS Department of Environmental Conservation (NYSDEC)

In New York State, the DEC enforces the U.S. EPA’s federal Hazardous Waste laws and regulations under the RCRA. The NYSDEC is also responsible for permits, compliance inspections, corrective action, ground water protection, hazardous waste annual reports, assessments and fees, financial assurance and NYS’s Manifest Program. The NYSDEC manages the permitting, inspection and compliance of both hazardous waste treatment, storage and disposal facilities (TSDFs), as well as hazardous waste land disposal facility operating permits/post-closure permits.

 New Jersey

New Jersey Department of Environmental Protection (NJDEP)

The NJDEP enforces the states NJ Solid Waste Management Act by managing the transportation, handling, treatment, storage, and disposal of hazardous waste through their Solid and Hazardous Waste Management Program.

NJ Solid Waste Management Act (N.J.S.A 7:26G-1 et seq.)

This link connect you to a downloadable .PDF file of the full text of the state legislation which governs hazardous waste.