Chapter 9 - Chemical Disposition
This chapter identifies and consolidates existing user safety and health requirements found in DOE
and Federal chemical-related safety and health regulations and National Standards that address the
definition), including reutilization until final disposal55 (see definition) as waste. Direct requirements
for disposition are found in the Department of Energy Property Management Regulations (DOE-
PMR), Federal Property Management Regulations (FPMR), and Federal Management Regulations
(FMR). In addition, there are many regulations and standards that include implied requirements for
the disposition of excess chemicals. Implied requirements are not included as mandatory
requirements in this chapter. This chapter specifically consolidates requirements found in the
Department of Energy Personal Property Letter (DOE-PPL) 970-3, 41 Code of Federal Regulations
(CFR) 109 (Subchapter H), 41CFR101 (Subchapter H), 41CFR102 Parts 36 and 37, and National Fire
Protection Association (NFPA) code 45, including technical standards that are made mandatory by
their specific reference within a regulation, rule or DOE Order. State and local codes and
requirements are NOT included.
This chapter is intended to list chemical-related safety and health requirements and to consolidate
those that are overlapping and/or duplicative. The list of requirements includes "pointers" to the
sources of those requirements.
This document does NOT create any new or additional requirements.
The information presented here applies to all locations that use chemicals or chemical products. It
consolidates existing, core safety and health requirements that all sites must follow when engaged in
chemical-related activities. This chapter specifically applies to DOE contractors and field
DOE offices and designated contractors are responsible [41CFR109-43.101, 41CFR102-36.35, 41CFR102-
36.45(e)] for identifying chemicals that are no longer needed at DOE facilities as "excess chemicals" and for
making them available to other potential users on site, returning them to the vendor (when practical and
economical), or for exploring other avenues of reutilization off-site. The following disposition options may be
available to an excess chemical in the prescribed order: screening for utilization at other DOE sites; transfers to
other federal agencies; donations, via state government agencies, to approved non-profit organizations; or sales
to the public (e.g., competitive bid sales or auctions).
The Department of Energy Property Management Regulations (41CFR109), Federal Property Management
Regulations (41CFR101) and Federal Management Regulations (41CFR102) govern potential off-site
reutilization pathways for excess chemicals. Any surplus chemicals (see definition), remaining after the above
disposition routes have been exhausted, should be disposed of under applicable environmental regulations. For
certain chemicals (e.g., ethylene glycol, anti-freeze solutions, precious metals) recycling and recovery exist as
appropriate options. Pesticides and certain products containing chemicals, including those meeting the OSHA
(see definition) Hazard Communication Standard definition of an "article" (29CFR1910.1200(c)) (such as
batteries and fluorescent lamps), are potential candidates for regulation as "Universal Waste" (see definition)
Unused surplus chemicals at the end of the disposition cycle are "commercial chemical products" and do not
become solid waste (40CFR260) unless they are discarded, abandoned or disposed of.