Heritage UniversityRCRA REVIEW TRAININGConducted by:Alfred A. Capuano, Ed.D.,CETVice President, Safety & Training Meeting Tomorrow's Expectations Today.
EPA and OSHA • EPA rules are designed to protect human health and the environment, focusing on off-site receptors (env. media and the public) rather than employees • Little consideration of OSHA standards, and no cross references to OSHA standards • More coordination between DOT rules and EPA rules in the establishment of RCRA regs • Bottom Line: Compliance with RCRA rules no assurance of compliance with OSHA standards
Hazardous Waste Regulatory Program Overview Meeting Tomorrow's Expectations Today.
Hazardous Waste Regulatory Program Overview Resource Conservation and Recovery Act of 1976 (RCRA), As Amended Waste Inventory/Hazardous Waste Determination/ Determination of Regulatory Status Notification - EPA Identification Numbers for Generators, Transporters, and TSD Facilities
Hazardous Waste Regulatory Program Overview • Permits for Treatment, Storage, and Disposal (TSD) Facilities (Permits Not Required for 90 Day Accumulation in Containers/tanks) • Standards for Generators, Transporters, and TSD Facilities • Treatment Standards for Wastes Before Land Disposal, and Minimum Technology Requirements for Land Disposal Facilities
Hazardous Waste Regulatory Program Overview • Use of manifest for transportation • State regulatory programs - authorization • Inspections and enforcement • Requirements for clean-up and ultimate responsibility of generator for disposition and environmental impact of waste -"Cradle to Grave"
Basic Requirements of Hazardous Waste Generators Help Keep America Beautiful!
Basic Determinations Questions to be asked and answered on an on-going basis. • Identify Wastestreams (What are all the wastes at the facility?) • Hazardous Waste Determination (Which of these wastes are hazardous, using the regulatory definitions?) • Determination of Regulatory Categories (How much and what is done on-site?)
Container Management (Performance and Prescriptive) Standards Containers Must Be . . . • In Good Condition • Compatible With the Waste • Labeled or Marked Clearly With the Words "Hazardous Waste" • Marked With the Accumulation Start Date
Container Management Standards • Kept Closed • Managed to Avoid Damage and Releases • Incompatible Wastes Are Not to Be Placed in the Same Container. • Subpart CC Air Emissions Standards May Apply
Container Accumulation Area Standards • Ignitable/reactive Wastes Must Be 50 Ft. From the Property Line* • "No Smoking" Signs Must Be Posted* • Incompatible Wastes Are to Be Separated or Protected From Each Other • Emergency Equipment Is to Be Available* • Adequate Aisle Space (2½ Feet) Is to Be Maintained*
Container Accumulation Area Standards • Inspect Container Accumulation Areas Weekly • Inspect Emergency Equipment at Least Monthly* • Shipments Are to Be Made Every 90 Days for Large Quantity Generators • Shipments Are to Be Made Every 180 Days for Small Quantity Generators
Compliance Documentation • Contingency Plan • Personnel Training Program & Records • Inspections • Manifests and LDR Forms • Biennial Reports • Waste Analyses/Determinations • Waste Minimization Program
Any Material • Disposed of or Abandoned in Lieu of Disposal • Burned, Incinerated or Recycled • “Inherently Waste-like”
Please Note • EPA takes an “all or nothing” approach. Secondary materials are either comprehensively regulated or totally unregulated, which ignores laws of chemistry and physics, making no allowance for severity or degree of hazard. • RCRA rules do not address chemical inventory issues, which are addressed under EPCRA and OSHA regs
Exclusions “Materials Which Are Not Solid Wastes” (40 CFR 261.4(a)) • Domestic Sewage Exclusion • Point Source (NPDES) Exclusion • Secondary Materials That Are Reclaimed and Returned to the Original Process(es) in Which They Were Generated Where They Are Reused in the Production Process
Pertinent Exclusions “Solid Wastes Which Are Not Hazardous Wastes” (40 CFR 261.4(b)) • Household Wastes • Petroleum-Contaminated Media and Debris (D018-D043 Only) From Regulated UST Releases
Other Pertinent Exclusions • Samples (40 CFR 261.4(d)) • Treatability Study Samples (40 CFR 261.4(e)&(f)) • CESQG Hazardous Wastes (40 CFR 261.5) • Specified Recyclable Materials (40 CFR 261.6) • Residues In Empty Containers (40 CFR 261.7) • PCB Wastes Exhibiting the Toxicity Characteristic (D018-D043) Regulated Under TSCA (40 CFR 261.8) • Universal Wastes (40 CFR 261.9, Referencing 40 CFR Part 273)
Other Pertinent Exclusions • Product or Raw Material Storage Tank Residues; Residues in Product or Raw Material Transport Vehicles, Vessels or Pipelines; and Residues in Manufacturing Process Units While These Units Are in Service (40 CFR 261.4(c))
Solid Waste Determination • Excluded From Definition of Solid Waste (40 CFR 261.4(a) or by Reuse or Recycling) • Excluded from Definition of Hazardous Waste (40 CFR 261.4(b))
Hazardous Waste Determination • Listed (40 CFR 261, Subpart D) • Mixture of Solid Waste and Listed Hazardous Waste (40 CFR 261.3(a)(2)(iv)) • Solid Waste Derived from T, S, or D of Listed Hazardous Waste (40 CFR 261.3(c)(2)(i)) • Waste Exhibits any Characteristics of Hazardous Waste (40 CFR 261, Subpart C - either by testing or knowledge of waste)
Lists of Hazardous Wastes(40 CFR Part 261, Subpart D) Four Lists: • F- list • K- list • P- list • U-list
“Hazardous Wastes from Non-Specific Sources” (40 CFR 261.31) “F-List”
F-List (40 CFR 261.31) • Spent Solvents (F001-F005) (Not Commercial Products or Manufacturing Process Wastes) - “Solvent Mixture Rule” • All spent solvent mixtures/blends containing, before use, a total of 10% or more (by volume) of one or more of the solvents listed in F001, F002, F004 and F005 are now regulated.
F-List(40 CFR 261.31) • Need to determine if F001, F002, F004 or F005 solvents are present in Trade Name Solvents or solvent blends. • Electroplating Wastes (F006, F007, F008, F009) • Metal Heat-Treating Wastes (F010, F011, F012) • WWT Sludges from Chemical Conversion Coating of Aluminum (F019) • Miscellaneous
Process Wastes from Specified Industries • Wood Preservation • Inorganic Pigments • Organic Chemicals • Inorganic Chemicals • Pesticides • Explosives
Process Wastes from Specified Industries • Petroleum Refining • Iron & Steel • Primary Copper • Primary Lead • Primary Zinc • Primary Aluminum
Process Wastes from Specified Industries • Ferroalloys • Secondary Lead • Veterinary Pharmaceuticals • Ink Formulation • Coking
Commercial Chemical Products Lists Acute Hazardous (H) Waste (40 CFR 261.33(e)) – “P-List” and Toxic (T) Wastes (40 CFR 261.33(f)) – “U-List”
P-List Examples • Mostly Pesticides, Toxic Organics, Pure Cyanides, and Certain Heavy Metal Compounds • Listings Include Unrinsed Containers/Liners and Spill Residues • Lower Small-Quantity Generator Exclusion (1 Kilogram/100 Kilograms Spill Residue)
U-List • Mostly Natural and Synthetic Organics • Listings Include Spill Residues
Note Commercial chemical product listings do not apply to spent materials or manufacturing process wastes containing listed chemicals. Listings apply to technical grade chemicals or formulations where the listed chemical is the sole active ingredient. The commercial chemical products listings apply if and when such chemicals are spilled, discarded or intended to be discarded. Listings should be consulted prior to disposal of virgin chemical spill residues, off-specification chemical products, manufacturing chemical intermediates, obsolete chemical inventory, excess or surplus inventory, or expired chemical products.
Characteristics of Hazardous Waste (40 CFR Part 261, Subpart C) A focus on acute hazards, except for the Toxicity Characteristic
Ignitability (I) D001 (40 CFR 261.21) • Liquid, With Closed Cup Flashpoint <140°F • Nonliquid, Capable of Spontaneous and Sustained Combustion and When Ignited, Burns So Vigorously and Persistently As to Create a Hazard • DOT Oxidizers and Ignitable Compressed Gases
Corrosivity (C) D002 (40 CFR 261.22) • Aqueous, pH £ 2 or pH ³ 12.5 • Liquid, Corrodes SAE 1020 Steel > 1/4" Per Year at 130°F • Federally, no recognition of corrosive solids
Reactivity (R) D003 (40 CFR 261.23) • Unstable, Reacts Violently • Water‑reactive or Forms Potentially Explosive Mixtures With Water • Forms Toxic Gases, Vapors, or Fumes Endangering Health When Mixed With Water • Cyanide or Sulfide Containing Waste Which Can Generate Toxic Gases at pH Conditions Between 2 and 12.
Reactivity (R) D003 • EPA Guidance: Reactive Cyanide (SW846-9010): 250 mg HCN/kg Waste Reactive Sulfide (SW846-9030): 500 mg H2S/kg Waste
Reactivity (R) D003 • Capable of Detonation or Explosive Reaction • DOT Explosive Divisions 1.1 to 1.3 (Class A or B)
Toxicity (E) D004-D043 (40 CFR 261.24) • Toxicity Characteristic Leaching Procedure (TCLP) Extract of Waste Analyzed for Specified Heavy Metals and Toxic Organics. Zero Headspace Extraction (ZHE) Required for Volatile Organic Constituents.
Toxicity (E) D004-D043 • TCLP Extraction Developed to Simulate Effects of Waste Mismanagement Upon the Groundwater in a Municipal Landfill Co-disposal Scenario. Regulatory Thresholds Are Derived by Multiplying the Chronic Toxicity Level (Typically MCLs) by the Dilution Attenuation Factor (DAF). DAF Is Currently Set at 100.
A Waste Becomes Hazardous…. • When It First Meets the Listing Description • For Mixtures, When Listed Hazardous Waste is First Added to Solid Waste (“Mixture Rule” - 40 CFR 261.3(a)(2)(iv)) • When the Waste Exhibits Any of the Characteristics of Hazardous Waste Note:Point of Generation to be Used for Regulatory Purposes (before aggregation / consolidation or treatment)
Residues from Treatment, Storage, or Disposal of Listed Hazardous Waste • Sludges • Treatment Residues • Spill Residues • Ash • Air Emission Control Sludge/Dust • Leachate (“Derived From” Rule - 40 CFR 261.3(c)(2))
Regulatory Categories • Conditionally-Exempt Generator or CEG (<100 Kg/Mo) • Small Quantity Generator or SQG (100 - 1000 Kg/Mo) • Generator Who Accumulates On-Site in Containers or Tanks for Less Than 90 Days (Large Quantity Generator or LQG) Note: These Categories are Mutually Exclusive at Any One Point In Time.
Regulatory Categories • Generator/Shipper (to Off-site TSD) • Used Oil Generators, Transporters, Processors/re-refiners, Burners and Marketers • Owner/Operator of Underground Petroleum Or Hazardous Substance Storage Tank • Commercial TSD Facility