Regulatory Affairs Manual Series 100

Regulatory Affairs Manual Series 100

Waste Management Compliance Procedure Program 105.01

Appendix 8:
Summary of Puerto Rico
Waste Regulations

Rev. # 1 Effective Date: August 2004

Mandatoryg Discretionary

Regulatory Affairs Manual Series 100

Waste Management Compliance Procedure Program 105.01

1  Introduction to State Waste Regulations

1.1  Purpose

This appendix is designed to supplement the Federal regulatory information contained in the Waste Management Compliance Guide to assist Fisher Scientific facilities with managing hazardous waste in accordance with the regulations on the State level that differ from Federal regulations under the Resource Conservation and Recovery Act (RCRA). The majority of states, including the territory of Puerto Rico, have been authorized to administer the RCRA program, and many of them have added more stringent standards to the federal regulations; this appendix provides a guide for these more stringent regulations. For the purposes of this document, any reference to “state” applies to the territory of Puerto Rico. There may be additional regulations on a local level that also apply to a facility, and it is essential to be familiar with these as well.

This material is designed to cover the Puerto Rico requirements for both large and small quantity generators since Fisher Scientific facilities fall into both categories. However, this manual does not provide a comprehensive description of treatment, storage and disposal facility (TSDF) requirements for those facilities with Part B permits (No Fisher facilities have Part B permits.)

1.2  Overview

The Environmental Quality Board of the Commonwealth of Puerto Rico (EQB, limited information available on-line at: http://www.sso.org/ecos/states/delegations/pr.htm) administers the state and federal regulations. The state regulations are equivalent to the federal rules for hazardous waste generators with additional requirements for generators including:

·  Infectious/Medical Waste (see Section 2):

·  Used Oil (see Section 2);

·  Transporting Hazardous Waste (see Section 3);

·  Hazardous Waste Manifests (see Section 4);

·  Recordkeeping (see Section 5); and

·  Exception Reporting (see Section 5).

On-site requirements, emergency reports, annual reports, training, emergency preparedness and prevention, and waste minimization requirements do not differ from Federal regulations

1.3  Applicability to Fisher Scientific

The Commonwealth of Puerto Rico regulations can be found in the Office of the Governor, Environmental Quality Board, #2863 Regulation for the Control of Hazardous and Non-Hazardous Solid Waste. The requirements for facilities that generate hazardous waste are found in Part VII Specific Requirements Applicable to Generators and Transporters of Hazardous Solid Waste. As generators of hazardous waste, Fisher Scientific facilities are subject to the federal RCRA regulations as well as any applicable state regulations.

1.4  Registration

As generators of hazardous waste, all Fisher Scientific facilities must register with the EPA as well as the EQB. Using Form 8700-12 (the most recent version of the form and instructions are available at http://www.epa.gov/epaoswer/hazwaste/data/form8700/forms.htm), the facility must:

·  List all the wastes generated on-site; and

·  List all the hazardous waste activities (i.e., generator, transporter, and treatment, storage, or disposal).

Upon review of the form, EPA will assign an identification number to each facility. Each time a new waste stream is generated at your facility or the facility information changes, a new form must be submitted to update the information. This identification number must be used on all correspondence with federal or state agencies, as well as on all labels, manifests, and regulatory reports.

The EPA ID number for this facility is: .

Rev. # Effective Date: August 2004 App. 8-10

Puerto Rico Mandatoryg Discretionary

Regulatory Affairs Manual Series 100

Waste Management Compliance Procedure Program 105.01

2  Waste Identification and Classification

2.1  Infectious/Medical Waste

A regulated medical waste (RBW) is any solid waste generated in the diagnosis, treatment (rendering of medical services), or immunization of humans or animals, investigations, production or tests of biological products, or in the embalming of human bodies. The following listing contains the regulated medical waste:

·  Cultures, stocks and biological products;

·  Pathological waste;

·  Human blood and blood-derived products;

·  Sharp waste;

·  Animal waste; and

·  Isolation waste.

Not considered as RBW is medical waste that does not contain infectious agents. Fisher facilities in Puerto Rico do not currently generate RBW.

2.2  Used Oil

Puerto Rico has adopted the Federal definition of "used oil", which is" any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities” (40 CFR 279.1). Puerto Rico does not have additional requirements for the management of used oil.

2.2.1  Identification Number

All used oil generators must obtain a used oil generator identification number from the EQB. To obtain this identification number the following information must be submitted to the EQB:

·  name, telephone number, physical address and mailing address;

·  quantity of average used oil generated monthly;

·  type and capabilities of the storage containers; and

·  transporter or transporters that are used and the pick up schedule.

The EQB must be notified of any special condition or change in the information given to obtain the identification number. The notification of change must be made within thirty (30) days after the event and may be performed by means of a letter addressed to the EQB.

2.2.2  Manifest

All generators, collection centers, transporters and final disposition installations must fill out a manifest for the appropriate management of used oil in Puerto Rico.

The manifest must be prepared on a form issued by the EQB or copies of same. All who are required to complete parts of a manifest must make sure that the information provided is true, legible and adequate in the five (5) copies of the manifest.

Generators have the primary obligation of originating the manifest process at the moment of transport pick up of the used oil. Generators must:

·  complete, sign and date the manifest;

·  obtain the signature and acceptance of the transporter;

·  withhold and maintain copy number five (5) of the manifest and give the rest of the manifest to the transporter; and

·  when page number one (1) of the manifest that forwards the final disposition installation is received, send said page to the EQB.

A generator must maintain a copy of each manifest, report, registration and of any other related document, for at least three (3) years, starting from the date of issue.

All registration information and manifests should be submitted to:

Puerto Rico Environmental Quality Board

Land Pollution Control Area

Ponce De Leon Avenue

National Plaza Bldg., 12th Floor, #431

Hato Rey, PR 00917

Rev. # Effective Date: August 2004 App. 8-10

Puerto Rico Mandatoryg Discretionary

Regulatory Affairs Manual Series 100

Waste Management Compliance Procedure Program 105.01

3  Transporting Hazardous Waste

3.1  International Shipments

Any person who exports hazardous waste to a foreign country or imports hazardous waste from a foreign country to Puerto Rico must comply with the requirements detailed below.

When shipping hazardous waste outside of Puerto Rico, the generator must:

·  Notify the EQB in writing four weeks before the initial shipment of hazardous waste to each country in each calendar year;

o  The waste must be identified by the EQB hazardous waste identification number and DOT shipping description;

o  The name and address of the foreign consignee must be included in this notice; and

o  These notices must be sent to the Office of International Activities (A-106), United States Environmental Protection Agency, Washington, D.C. 20460. Also, a copy must be sent to the Environmental Quality Board, Land Pollution Control Area (address listed on previous page).

·  Require that the foreign consignee confirm the delivery of the waste in the foreign country. A copy of the manifest signed by the foreign consignee may be used for this purpose;

·  Meet the requirements of the manifest instructions, except that:

o  In place of the name, address, and identification number of the designated facility, the name and address of the foreign consignee must be used;

o  The generator must identify the point of departure from Puerto Rico through which the waste must travel before entering a foreign country.

·  The manifest form provided by the EQB should be used.

A generator must file an Exception Report, if:

·  A copy of the manifest signed by the transporter stating the date and place of departure from Puerto Rico has not been received within 45 days from the date it was accepted by the initial transporter; or

·  Within 90 days from the date the waste was accepted by the initial transporter, the generator has not received written confirmation from the foreign consignee that the hazardous waste was received.

Any person exporting hazardous waste shall file with the EQB no later then March 1 of each year, a report summarizing the types, quantities, frequency, and ultimate destination of all such hazardous waste exported during the previous calendar year.

3.2  Interstate Shipments

Any person consigning hazardous solid waste to one of the United States or the Virgin Islands must comply with all of the International Shipment requirements and must also:

·  Send one (1) copy of the manifest to EPA and one (1) to the appropriate regulatory agency of the state government having jurisdiction over the designated hazardous solid waste facility;

·  If the shipment is a bulk shipment of hazardous solid waste by water, send one copy of the shipping papers to EPA and to the appropriate state government agency having jurisdiction over the designated hazardous solid waste facility;

·  Require the designated hazardous solid waste facility to send a copy of the completed, signed manifest to the EQB, to EPA, and to the appropriate state government agency with jurisdiction over the designated hazardous solid waste facility; and

·  File an Exception Report with the EQB, with EPA, and with the state in which the facility designated is located, and with any other state in which the shipment may have been delivered if, within forty-five (45) days of delivery to the initial transporter, a copy of the completed, signed manifest has not been received.

All notices, manifests and reports should be submitted to:

Puerto Rico Environmental Quality Board

Land Pollution Control Area

Ponce De Leon Avenue

National Plaza Bldg., 12th Floor, #431

Hato Rey, PR 00917

Rev. # Effective Date: August 2004 App. 8-10

Puerto Rico Mandatoryg Discretionary

Regulatory Affairs Manual Series 100

Waste Management Compliance Guide Program 105.01

4  Uniform Hazardous Waste Manifest

Any person who generates hazardous solid waste must prepare a manifest before transporting (or offering for transport) the hazardous solid waste to an off-site hazardous solid waste storage, treatment, or disposal facility. The manifest shall be prepared on a document provided by the EQB, must, at a minimum, contain the following information:

·  Manifest document number;

·  Generator name, address, telephone number, and identification number;

·  Date of shipment;

·  Transporter name and identification number;

·  Name, address, and identification number of the primary designated hazardous solid waste facility and the alternate facility;

·  The description of the wastes as required by regulations of the U.S. Department of Transportation in 49 CFR 172.101, 172.202, and 172.203;

·  The quantity and volume of each hazardous solid waste in pounds, tons, gallons, or cubic yards, and the type and number of containers as loaded onto the transport vehicle;

·  Directions as to what immediate action should be taken in the event of a spill, or a telephone number where information on how to report a spill can be obtained on a 24-hour basis;

·  Special handling instructions; and

·  A certification that the named materials are properly classified, described, packaged, marked, and labeled and are in proper condition for transportation in accordance with Commonwealth of Puerto Rico laws and regulations and in accordance with the applicable regulations of EPA and the U.S. Department of Transportation.

The standard manifest system (which contains eight (8) copies) must be signed by the generator who delivers a hazardous solid waste to a transporter. It shall also be signed by the transporter, acknowledging receipt of the hazardous solid waste that is going to be transported. The generator shall, then send copy #7 of the manifest to the EQB and copy #6 to the State where the waste will be stored, treated, or disposed of (within one (1) week of the waste delivery to the transporter) and will retain copy #8 as a record.

Submit the Manifest Copy to:

Director, Area for Land Pollution Control

Environmental Quality Board

Ponce De Leon Avenue

National Plaza Bldg., 12th Floor, #431

Hato Rey, PR 00917

5  Recordkeeping and Reporting

5.1  Recordkeeping

Generators of hazardous solid waste must maintain records of the following:

·  A generator must keep records of any test results, waste analyses, or other determinations at least three years from the date that the waste was last sent to on-site or off-site treatment, storage, or disposal.

·  The quantity and type of all hazardous solid waste whenever it is generated.

·  The quantity and type of all hazardous solid waste that is treated, stored, or disposed of on-site.

·  The quantity and type of all hazardous solid waste that is removed to an off-site facility for treatment, storage, or disposal; (The record of the removal of hazardous solid waste for off-site handling may be maintained by retaining copies of the manifests prepared for hazardous solid waste transport).

·  The quantity and type of all such hazardous solid waste that is received by an off-site facility for handling; (The record of the receipt of transported hazardous solid waste may be maintained by retaining copies of the completed, signed manifest received from designated hazardous solid waste disposal facilities).

·  The quantity and type of all hazardous solid waste that was generated but is unaccounted for either because it was not recorded as having been transported from the facility or because it was transported from the facility but receipt has not been acknowledged by the designated hazardous solid waste disposal facility.

5.2  Reporting

5.2.1  Exception Reports

A SQG or LQG who does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within twenty (20) days of acceptance by the initial transporter must contact the transporter and the owner or operator of the designated facility to determine the status of the hazardous solid waste.