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  1. 9th Annual California Unified Program Conference Advanced Hazardous Waste Inspector Training 9th Annual California Unified Program Conference

  2. Evaluations • The are two evaluations one for the overall conference and one for this course, please complete them. • We modify the hazardous waste track based on your input. Would you like more of this? or other topics, • LDRs • Closure costs • Advanced Waste classification • Waste counting • This course and the conference is modified in response to your comments/requests. 9th Annual California Unified Program Conference

  3. John Misleh &Michael Vizzier San Diego County CUPA john.misleh@sdcounty.ca.gov michael.vizzier@sdcounty.ca.gov 9th Annual California Unified Program Conference

  4. Objective • Use US EPA Office of Solid Waste (OSW) and DTSC guidance documents to analyze advanced issues. • Examine scenarios and discuss varying interpretations. • Three topic areas: • Part I: Point of generation • Part II: Waste Analysis • Part III: Is it a Container or is it a Tank? • We’ll start with the laws and regulations then progress through guidance documents and scenarios. 9th Annual California Unified Program Conference

  5. Part I,Point of Generation Is it Waste? Is it a Hazardous Waste? 9th Annual California Unified Program Conference

  6. Is it a Waste?§66261.2. Definition of Waste • §66261.2(a) "Waste" means any discarded material of any form (liquid, semi-solid, solid or gaseous) that is not excluded by §66261.4(a) or §66261.4(e) or that is not excluded by H&SC §25143.2(b) or H&SC§ 25143.2(d). • (b) A discarded material is • (1) relinquished, or • (2) recycled, or • (3) considered inherently waste-like. • Of course there are other exceptions… 9th Annual California Unified Program Conference

  7. Is it a Hazardous Waste?§66261.3. Definition of Hazardous Waste • §66261.3 (a) A waste as defined in §66261.2 is a hazardous waste if: • (1) it is not excluded from classification as a waste or a hazardous waste under H&SC §25143.2(b) or §25143.2(d) or §66261.4; and • (2) it meets any of the following criteria: • (A) it exhibits any of the characteristics of hazardous waste identified in article 3 • (B) it is listed in article 4 9th Annual California Unified Program Conference

  8. A Hazardous Waste is: • Declared – Generator decides to manage as a hazardous waste • Characteristic – A representative sample exhibits a hazardous characteristic (RCRA D001 to D043 + California corrosive, reactive, & toxic) (22 CCR, Ch. 11, Art. 3) • Listed (22 CCR, Ch. 11, Art. 4) • F listed (Non-Specific Sources) • K listed (Specific Sources) • P Listed (Acutely Hazardous Off-Spec, Spills) • U listed (Hazardous Off-spec, Spills) • M listed (Ch. 11, Art. 4,1 mercury containing products) • Mixtures of solid & hazardous waste • Residues derived from a hazardous waste 9th Annual California Unified Program Conference

  9. Example of waste listed as hazardous due to Benzene • D018 – Benzene concentration  0.5 mg/l TCLP • F037 – Petroleum refinery primary separation sludge • F038 – Petroleum refinery secondary separation sludge • K085 – Distillation bottoms from the production of chlorobenzenes • P028 – Benzene, (chloromethyl)- (commercial chemical product) • U019 – Benzene (commercial chemical product) 9th Annual California Unified Program Conference

  10. Mixture Rule • A mixture of a solid waste & a characteristic (Art. 3 or Subpart C) hazardous waste is hazardous only if the resulting mixture exhibits a hazardous characteristic. • A mixture of a solid waste & a listed (Art. 4 or Subpart D) hazardous waste that is listed only for ignitability, corrosivity or reactivity (I,C,R) is hazardous only if the resulting mixture exhibits a hazardous characteristic. • A mixture of a solid waste & a listed (Art. 4 or Subpart D) hazardous waste that is listed only for toxicity remain listed as a hazardous waste. 9th Annual California Unified Program Conference

  11. Derived from Rule(Treatment Residue) • Residues from treating, storing or disposing a characteristic waste are hazardous only if they exhibit a characteristic of hazardous waste. • Residues from treating, storing or disposing a listed waste, that is listed solely for ignitability, corrosive or reactive (I,C,R), are hazardous only if they exhibit a characteristic of hazardous waste. • Residues from treating, storing or disposing a listed waste, which is listed for toxicity, remain a listed hazardous waste. 9th Annual California Unified Program Conference

  12. Who Makes a Waste Determination? The Generator 9th Annual California Unified Program Conference

  13. What’s A Generator? §66260.10 • Generator: "any person, by site, whose act or process produces hazardous waste identified or listed in Chapter 11 or whose act first causes a hazardous waste to become subject to regulation.” 9th Annual California Unified Program Conference

  14. What’s A Person? §66260.10 • Person: "an individual, trust, firm, joint stock company, federal agency, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, or any interstate body. “Person" also includes any city, county, district, commission, the State or any department, agency or political subdivision thereof, any interstate body, and the Federal Government or any department or agency thereof to the extent permitted by law." 9th Annual California Unified Program Conference

  15. What’s A Site? §66260.10 • The term, "by site," refers to where a hazardous waste is generated. The regulations do not explicitly define the term “site.” But the regulations do define onsite. • "Onsite" means the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a crossroads intersection, and access is by crossing as opposed to going along, the right-of-way. Noncontiguous properties owned by the same person but connected by a right-of-way which that person controls and to which the public does not have access, is also considered onsite property. 9th Annual California Unified Program Conference

  16. Whose Act or Process? • A generator is defined as the person whose act or process first causes a hazardous waste to become subject to regulation. • Sometimes the generator of a waste may not necessarily be the person who actually produced the waste. For example, if a cleaning service removes residues from a product storage tank excluded under §261.4(c), the person removing the residues is the first person to cause the waste to become subject to regulation, not the owner of the tank. • In case the cleaning service and the owner are co-generators. 9th Annual California Unified Program Conference

  17. Co-Generators • The person removing the waste from the unit is not the owner or operator of the unit, but may be considered a generator. The owner or operator of the unit may also be considered a generator since the act of operating the unit led to the generation of the hazardous waste. In other words, both the remover of the waste and the owner or operator of the tank are considered to be co-generators. • In cases where one or more persons meet the definition of generator, all persons are jointly and severally liable for compliance with the generator regulations. The parties may through a mutual decision have one party assume the duties of generator, but in the event that a violation occurs, all persons meeting the definition of generator could be held liable for the improper management of the waste (45 FR 72026; October 30, 1980). 9th Annual California Unified Program Conference

  18. Point of Generation • The point where a material becomes a waste is also the point where: • Waste determination is made; samples are taken. • Treatment tier determination is made • Container & tank standards are required • RCRA Land Disposal Restrictions apply 9th Annual California Unified Program Conference

  19. Point of Waste OriginationDefined per 22 CCR §66260.10 • "Point of waste origination" (22 CCR) means as follows: • (1) When the facility owner or operator is the generator of the hazardous waste, the point of waste origination means the point where a solid waste produced by a system, process, or waste management unit is determined to be a hazardous waste as defined in this division. 9th Annual California Unified Program Conference

  20. Point of Waste Origination Defined 22 CCR (Continued) • [NOTE: In this case, this term is being used in a manner similar to the use of the term "point of generation" in air standards established for waste management operations under authority of the Clean Air Act in 40 CFR parts 60 , 61 and 63.] 9th Annual California Unified Program Conference

  21. Point of Waste Generation Defined per 40 CFR part 61 • Point of waste generation means the location where the waste stream exits the process unit component or storage tank prior to handling or treatment in an operation that is not an integral part of the production process, or in the case of waste management units that generate new wastes after treatment, the location where the waste stream exits the waste management unit component. (40 CFR Part 61) 9th Annual California Unified Program Conference

  22. Points of Generation • Waste exits a non-waste unit or piece of equipment (e.g. radiator, parts washer). • Waste exits a manufacturing process unit. • Material is spent and a decision to discard or recycle is made. • Decision is made to discard a P or U listed chemical. • Treatment residue exits a treatment unit. • Residue exits a recycling unit. 9th Annual California Unified Program Conference

  23. 8.2 What Is the Point of Generation? • According to RCRA and Sate law, when a waste is generated, you must identify whether the waste is hazardous… • …hazardous waste identification must be made at the point where the waste is first generated. The point of generation is usually defined as the point at which a generator first determines that a material is no longer useful (or the point at which the generator decides to discard the material). • www.epa.gov/OSWRCRA/hazwaste/ ldr/ldr-sum.pdf 9th Annual California Unified Program Conference

  24. 8.2 What Is the Point of Generation? • However, under 40 CFR 261.4(c), hazardous waste is not generated from product or raw material tanks…and pipelines, manufacturing process units, or associated non-waste-treatment-manufacturing units until it exits the unit; or the HW remains in unit > 90 days after the unit ceases to be operated for manufacturing, or for storage or transportation of product or raw materials. • www.epa.gov/OSWRCRA/hazwaste/ ldr/ldr-sum.pdf 9th Annual California Unified Program Conference

  25. Points of Generation(POG) Tanks A, B & C The Points Of Generation are Process A Process B Process C Waste A A + B A+B+C=D Tanks A, B & C contain material used in different processes; the piping is used exclusively to transfer the liquid when it is no longer useful. Where is(are) the point(s) of generation? D 9th Annual California Unified Program Conference

  26. ComminglingTanks A, B & C The Points of Generation are also the Sampling points Process A Process B Process C Waste A A + B A+B+C=D Tanks A, B & C contain material. The waste is commingled in the piping. What and where do you sample for a waste determination? D 9th Annual California Unified Program Conference

  27. Point of Generation (POG)Tanks A + B = C Non-hazardous Waste C Is discharged to POTW Acidic Material A D002 Waste Basic Material B Waste A A + B A+B = C C Tanks A & B contain material; the piping is used to mix & transfer the liquid when it is no longer useful. Where is (are) the point(s) of generation? 9th Annual California Unified Program Conference

  28. OSW Answer (faxback 13395) • Q. A D002 acidic waste and a D002 basic waste from two different manufacturing process are individually piped to a collecting pipe. The two wastes neutralize each other in the collecting pipe and the result is a non-hazardous waste. Is there a point of generation? • A. Each of the corrosive wastes has a point of generation upstream of the collecting pipe. 9th Annual California Unified Program Conference

  29. FAXBACK? What’s a FAXBACK? It used to be an automated document fax system, hence the name. 9th Annual California Unified Program Conference

  30. RCRA Online • Now it’s RCRA online. • http://www.epa.gov/rcraonline/ • Select Advanced Search • http://yosemite.epa.gov/osw/rcra.nsf/advanced+search?OpenForm • Type the “faxback” number in the RCRA online number field. • Click on the Document name to view the entire document. • Like this…. 9th Annual California Unified Program Conference

  31. 9th Annual California Unified Program Conference

  32. Type the “faxback” Number in here. 9th Annual California Unified Program Conference

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  36. References • 22 CCR 6626x.xxx mirrors 40 CFR 26x.xxx • There are exceptions where is §66261.5? • 40 CFR 261.5 is CESQG, California does not use this concept (exceptions: LDRs, photochemical waste) • If the 22 CCR section reads exactly the same as the 40 CRF section the OSW guidance is probably good. • OSW, EPA, Faxbacks, Federal Registers All are good source document – even for California 9th Annual California Unified Program Conference

  37. http://www.dtsc.ca.gov/ • Check DTSC’s web page first, http://www.dtsc.ca.gov/ • Publications Index • http://www.dtsc.ca.gov/database/Publications/pub_index.cfm • Forms Index • http://www.dtsc.ca.gov/database/Publications/forms_index.cfm • DTSC’s Hazardous Waste and Recycling Letters • http://www.dtsc.ca.gov/PublicationsForms/CSERFS/index.html • Some are out of date, the laws change. 9th Annual California Unified Program Conference

  38. 9th Annual California Unified Program Conference

  39. http://www.dtsc.ca.gov/HazardousWaste/CSERFS/index.cfm 9th Annual California Unified Program Conference

  40. 9 Files found out of 848 files searched 9th Annual California Unified Program Conference

  41. Treatment Tier Determination Where do you make a waste determination prior to entering a tiered permitting flow chart? At the Point of Generation 9th Annual California Unified Program Conference

  42. A decision is made to discard the material in tanks A, B & C, then consolidate the waste in tank D. Process B Process A Process C Points of generation Waste Accumulation Tank. Waste D Process B waste is non-hazardous. Processes A & C wastes are hazardous. Is this hazardous waste treatment? No, it is not treatment if the wastes are combined solely for the purpose of consolidated accumulation. 9th Annual California Unified Program Conference

  43. H&SC §25123.4 (b) (1) "Treatment" does not include: • (C) Combining two or more waste streams that are not incompatible into a single tank or container if both of the following conditions apply: • (i) The waste streams are being combined solely for the purpose of consolidated accumulation or storage or consolidated offsite shipment, and they are not being combined to meet a fuel specification or to otherwise be chemically or physically prepared to be treated, burned for energy value, or incinerated. • (ii) The combined waste stream is managed in compliance with the most stringent of the regulatory requirements applicable to each individual waste stream. 9th Annual California Unified Program Conference

  44. A decision is made to discard the material in tanks A, B & C, then treat it in tank D. Process A Process B Process C Points of generation Treatment tank. Waste D Process B waste is non-hazardous. Processes A & C wastes are hazardous. Waste D is hazardous. Which waste(s) are used to determine the treatment tier? Wastes A, C & D. Treatment Tier is based on the hazardous waste characteristics (A & C) and the volume of waste treated (D). 9th Annual California Unified Program Conference

  45. Because? (CA) • 25200.3 (b) Any treatment performed pursuant to this section shall comply with all of the following, except as to generators, who are treating hazardous waste pursuant to paragraph (11) of subdivision (a), who shall also comply with any additional conditions of the specified certification if those conditions are different from those set forth in this subdivision: • (1) The total volume of hazardous waste treated in the unit in any calendar month 9th Annual California Unified Program Conference

  46. Because? (CE) • §25201.5. Generators, hazardous waste facility permit exemptions • (a) Notwithstanding any other provision of law, a hazardous waste facilities permit is not required for a generator who treats hazardous waste of a total weight of not more than 500 pounds, or a total volume of not more than 55 gallons, in any calendar month, if both of the following conditions are met: 9th Annual California Unified Program Conference

  47. Caution • H&SC 25200.3“(d) Notwithstanding any other provision of law, the following activities are ineligible for conditional authorization: (2) Commingling of hazardous waste with any hazardous waste that exceeds the concentration limits or pH limits specified in subdivision (a), or diluting hazardous waste in order to meet the concentration limits or pH limits specified in subdivision (a). 9th Annual California Unified Program Conference

  48. A decision is made to discard the material in tanks A, B & C, then treat it in tank D. Process A Process B Process C Points of generation Treatment tank. Waste D Process B waste is non-hazardous. Processes A & C wastes are hazardous. Waste D is non-hazardous. Is the addition of waste B permissible dilution? No, if waste B is added to dilute hazardous characteristics. Yes, if waste B is added for efficient treatment. 9th Annual California Unified Program Conference

  49. NO:§66268.3. Dilution Prohibited As a Substitute for Treatment • (a) No generator, transporter, handler, or owner or operator of a treatment, storage, or disposal facility shall in any way dilute a restricted waste or the residual from treatment of a restricted waste as a substitute for adequate treatment to achieve compliance with article 4 or article 11 of this chapter, to circumvent the effective date of a prohibition in article 3 or article 10 of this chapter, to otherwise avoid a prohibition in article 3 or article 10 of this chapter, or to circumvent a land disposal prohibition imposed by RCRA section 3004 (42 U.S.C. § 6924). 9th Annual California Unified Program Conference

  50. YES: DilutionRef: EPA 530-R-01-007 (revised August 2001) • Wastes that are aggregated or mixed as a part of a legitimate treatment process, and are subsequently diluted as a result, are not considered to be impermissibly diluted under LDR. 9th Annual California Unified Program Conference