Chapter 9 - Chemical Disposition - doe-hdbk-1139-3-20050121

DOE-HDBK-1139/3-2005

Chapter 9 - Chemical Disposition

1.0 Introduction

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

disposition (see definition) of excess chemicals55 (see definition) and chemical products (see

definition), including reutilization until final disposal56 (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.

2.0 Applicability

The information presented here applies to all locations that store or 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)

(40CFR273).

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.