21976 RCRA Objective = Prevention Why LDRs?At the same time Congress was establishing CERCLA, there needed to be a way to solve environmental problems and costs before they occur. They decided to add provisions to RCRA to try to eliminate these issues. RCRA was originally passed by Congress in It took 4 years for EPA to write the original regulations implementing RCRA -- deciding which materials should be managed as hazardous waste, setting standards and permit requirements for TSD facilities and generators. The original rules did not even include the uniform hazardous waste manifest or ground water monitoring at land disposal facilities.Some of the changes over the years were mandated by congress in the original legislation, and other changes have been mandated over the years by the courts through legal challenges to EPA regulations both by industry and environmental groups.LDR is one of those specialized RCRA regulations that seems extremely complicated and hard to understand. That’s because it IS complicated and hard to understand.1976 RCRA Objective = Prevention
3Congressional ActionHazardous And Solid Waste Amendments of 1984 – response to EPA issuesRequired EPA to set treatment standardsPhased implementationHard vs. Soft HammersRequired EPA to issue permits & rulesPriority to Land Disposal & Incinerator permitsSQG rules by 3/31/86Required all permitted facilities to assess releases from old unpermitted unitsCongress felt EPA was not making significant progress in several areasPermits were not being issues for interim status facilities – Old incinerators & landfills were continuing to operateCongress felt EPA was encouraging landfillingEP toxicity test problems -- EPA not moving fast enough to establish new characteristics. Congress wanted EPA to re-examine the test, add new constituentsUnregulated < 1,000 kg/m SQGsCongress mandated EPA come up with treatment standards for all hazardous wastes then regulated. Standards for current wastes were to be set under a phased schedule, and EPA given 6 months to determine whether new wastes should be prohibited from land disposal.Other HSWA provisions gave EPA deadlines to revise the EP toxicity test and issue or deny permits, to issue 100-1,000 kg/m generator rules, to require corrective actions for releases form old solid waste management units at permitted facilities and to establish a waste minimization program.
4And Mandated Land Disposal Restrictions Prohibits land disposal of hazardous wastesUnless waste meets treatment standard set by EPATreatment must reduce toxicity or reduce the mobility of the toxic constituentsListed wastes are still listedTreatment standard based on technology, not healthExceptionsCase by case exemptions under 268.5National Capacity variances ex. – debris (expired)“No migration” determination – some injection wellsThe HSWA statute required EPA to set treatment standards on a waste code by waste code basis -- HOWEVER this does not recognize real differences in wastes that can affect treatability.Each EPA waste number can represent very different kinds of materials, especially when treatment residuals or contaminated media are included.EPA first had to evaluate the treatment options for each waste code, then determine which was the most effective -- not the most cost-effective, or which was effective enough to treat a waste to health based criteria. Different treatments were more effective on one type of waste than another. Wastewater vs. non-waste waters.It is possible to chemically destroy organic molecules, but not heavy metals. In cases where the hazardous constituent couldn’t be destroyed, a treatment that made the waste less toxic and less mobile in the environment had to be foundWhy didn’t EPA just set concentration based treatment standards?In some cases there were no approved analytical methods for the constituents of concern, other causes were “matrix interference”Variances - Congress did not trust EPA and only gave limited authority to grant variances or exemptions.
5Land Disposal Restrictions Purpose:Reduce toxicity of wasteReduce mobility of hazardous constituentsWhere are the Rules?:Underground Injection – 40 CFR 148LDRs CFR 268Two key points
6Phased Implementation Banned liquids in landfillsSolvents & Dioxins- 11/8/86“California List” - 7/8/87Acids, PCBs, liquid Halogenated Organic Compounds, liquids with CN, heavy metalsThirds 8/8/88, 6/8/89, 5/8/90EP toxicity wastes“Newly listed” wastesPhase II, III and IVTC toxicity wastesCongress recognized that it would take time for EPA to evaluate the available treatment methods. Some delays were built in to the statue, such as for RCRA and CERCLA corrective action soil and debris.The statutory language required EPA to set treatment standards based on the best available treatment. Not any adequate treatment, or the most cost effective treatment -- the best treatment. EPA was mandated to take into account the long term uncertainties associated with land disposal, and the waste’s mobility, persistence, toxicity and propensity to bioaccumulate. In general EPA found that incineration was the most effective form of treatment for organic wastes. A lot of treatment standards were set based on the concentrations of hazardous constituents analyzed in incinerator ash and scrubber water.Concentration based standards work OK for organic compounds which can be destroyed or chemically transformed to CO2 and water. That doesn’t work for toxic metals like lead and cadmium. In those cases, the toxic metals had to be chemically bound to reduce the toxicity -- hexavalent to trivalent chromium, and/or to reduce the mobility -- stabilized so that the compound wouldn’t leach. Some treatment standards were set based on recycling - lead acid batteries.Technology based standards were also set for wastes with no analytical method available.
7Treatment Standards Currently in 40 CFR 268.40 for most wastes Debris –Soil –Can be based on:Total Constituent ConcentrationConstituent Leachability by TCLPTechnologyA number of wastes still do not have accepted, reliable test methods
8Applicability Does not apply to: Applies to everyone else Waste that was not hazardous at the point of generationCESQG waste, unless the CESQG is also a TSDFWaste pesticides from farmers disposed of under 40 CFRNewly Listed wastesExcluded WastesUniversal Waste at Handler FacilitiesDe minimus loss of some characteristic wastes to CWA systemsApplies to everyone elseSee 40 CFR for complete info
9Land Disposal Restrictions Key Definitions Land Disposal – placement in or on the land, except in a Corrective Action Management Unit or staging pile, and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, underground mine or cave, or placement in a concrete vault or bunker intended for disposal purposes..
10Point of GenerationPoint of Generation – LDRs attach at the point of generation of a waste.This is complicated – When waste becomes a waste, when it leaves a unit, when it is no longer usable, > 90 days after a unit ceases to operate…261.3(b):1. When waste meets listing2. Mixture of a SW and a listed HW3. When waste exhibits a characteristicNeed to pay careful attention to the point of generation to determine if a waste is subject to LDRs.
11Dilution Dilution Prohibition [40 CFR 268.3] Can not in any way dilute a hazardous waste as a substitute for adequate treatment.Serves two purposes:Ensure actual treatment of hazardous wasteEnsure wastes are treated appropriately
12Impermissible Dilution Addition of clean material to dilute contaminantsSolidification, unless the added sorbent also stabilizes the contaminantsCombustion of certain metal bearing wastesIf burned, must also contain burnable hazardous constituents or organic debris as generatedAdding agents such as iron filings to mask leachable lead in TCLP testingYou can not intentionally change a waste once generated or you may be treating or diluting the waste. What is the waste as generated? Does the mixture rule apply? Does the process change the waste?
13Allowed Dilution Characteristic Wastes Only Waste waters subsequently discharged pursuant to the Clean Water ActDefers to Clean Water Act regarding allowable treatmentNot allowed if a treatment method other than DEACT is specifiedHigh TOC organic ignitablesNo solvents down the drain!
14Generator Requirements Generator must determine if waste is bannedGenerator must identify all EPA waste codes that apply to the wasteIf a waste is D001-D040 for constituents other than the ones for the applicable listingImproper HW identification is the most common violation that may lead to a LDR violation.For characteristic wastes the generator must also identify any underlying hazardous constituentsNotify the disposal facility if present, or state that the waste must be treated for UHCsSee paint and lacquer thinner MSDSs
15UHC Example F006 listing constituents are Cd, Cr, CN, Pb, Ni and AgIf selenium is present above TC levels, and antimony is present at more than 1.15 mg/l TCLP, the disposal facility must be notified that antimony is present
16Generator Decisions Generator can: Decide not to make a determination of whether the waste must be treatedMake the determination that the waste is not subject to the LDRs.Make the determination that the waste is subject to the LDRs.And then treat the waste and make a new determinationOnly some forms of treatment allowedNO Thermal Treatment is allowed without a permitWaste Water Evaporation?As generator of the waste, the facility is allowed to make certain decisions about the waste stream and then how the facility will comply with the LDRs.
17Generator DecisionsGenerator can decide not to make a determination of whether the waste must be treated [40 CFR 268.7(a)(2)].One time notice to TSD and a copy in the file:Waste Codes & Analysis data if availableTreatability GroupUHCs unless the waste will be treated for all UHCsManifest number (of first shipment)“This hazardous waste may or may not be subject to the LDR treatment standards. The treatment facility must then make the determination.’I have not seen a generator make this decision.
18Generator DecisionIf the Generator makes the determination that the waste meets the treatment standards at the original point of generation [40 CFR 268.7(a)(3)] :One time notification to TSD and place a copy in the fileWaste CodesManifest number“Waste is subject to LDRs…”Wastewater/Non-wastewater categoryConstituents of concern and UHCs if applicableCertification “ I certify…”I don’t see this very often.
19Generator DecisionsGenerator can determine whether the waste must be treated prior to disposalTesting or process knowledge [40 CFR 268.7]Most usualProcess knowledgeMSDSsAnalysisRemember the definition of UHCs. This will come up again later (i) UHCs definition “reasonably be expected to be present…”
20Generator Requirements If the Generator makes the determination that the waste does not meet the treatment standards at the original point of generation [40 CFR 268.7(a)(2)] :One time notification to TSD and place a copy in the fileWaste Codes, treatability groupManifest number“Waste is subject to LDRs…”Wastewater/Non-wastewater categoryConstituents of concern and UHCs if applicableSee table under 40 CFR 268.7(4) for complete info.This is the most common one that I see.
21Generator Requirements A new notice is required if the waste or disposal facility changesRecords need to be kept for three years from when the waste was last shipped to the disposal facilityThree years is automatically extended during the course of unresolved enforcement action.Common issue is generator can not locate first time notificationOr does not keep a complete copyForms can include references codes or abbreviations from the back or second pageNo national recordkeeping form
22Treatment Standards for Hazardous Waste 40 CFR 268.40 All Hazardous wastes are listed on this tableColumns for:Waste codeWaste description and treatment/regulatory subcategoryRegulated hazardous constituentsWastewaters – concentration in mg/L or technology codeNonwastewaters – concentrations in mg/kg unless noted as “mg/L TCLP” or technology codeMay read ___ AND meet standardsRefer to table
23Waste CodesVery important to properly characterize all hazardous waste streams and add all appropriate waste codes in order to be in compliance with LDRs.Example – see MSDSs - What are the appropriate waste codes?Refer to MSDS for example
24Categories and Subdivisions Wastewater – Wastes that contain less than 1% by weight Total Organic Carbon (TOC) and less than 1% by weight Total Suspended Solids (TSS).Nonwastewater – Aren’t wastewatersSubdivisions:Listed in 40 CFRExamples:D001 High TOC SubcategoryD008 Lead Acid Battery SubcategoryMSDS – D001/F003/F005Refer to Table
25Regulated Hazardous Constituent What is the constituent that it the hazardous waste is listed for?Examples:cadmium, lead, MEK, tolueneMSDS – see example
26Wastewaters Concentration in mg/L or technology code Examples of Concentrations –F005 MEK - .28mg/LD008 Lead - .69mg/L and meet standardsExamples of Treatment Technologies –D002 - DEACT and meet standardsThese are usually forms where you check the box
27NonwastewatersConcentration in mg/kg unless noted as “mg/L TCLP” or technology codeExamples of Concentrations –F005 MEK - .36mg/kgD008 Lead mg/L TCLP and meet standardsExamples of Treatment Technologies –D001 High TOC – RORGS, CMBST, or POLYMD008 lead acid batteries - RLEAD(see 40 CFR definitions)These are usually forms where you check the boxReclamation of Organics RORGSCombustion CMBSTPolymerization (if the material will react) POLYMD001 High TOC NWW – treatment technology, so no UHCs need to be identified.
28Underlying Hazardous Constituents (UHCs) UHCs are any constituent listed in 40 CFR , Table UTS – Universal Treatment StandardsExcept: (unless listed under specific wastes)FluorideSeleniumSulfidesVanadiumZincReasonably expected to be in the waste at the Point of Generation at a concentration above the constituent-specific UTSRefer to handout 40 CFRHighlight “reasonably expected”
29Underlying Hazardous Constituents (UHCs) Regulated Constituent Common NameCAS numberWastewater Standard – Concentration in mg/LNonwastewater Standard – Concentration in mg/kg unless noted “mg/L TCLP”Refer to handout 40 CFRThese are also boxes that you usually check
30Underlying Hazardous Constituents (UHCs) Examples:D002 wasteD002/D008 wasteD001/F003/F005 wasteD001 wasteRefer to handout 40 CFRThese are also boxes that you usually checkRemember some wastes require UHC determinationsYou may have to analyze your waste to find UHCs.
31Alternate Treatment Standards Soil (40 CFR )Debris (40 CFR )Lab packs (40 CFR (c))Need to be incineratedThese wastes can not be placed into the lab pack if you use the alt. treatment standards – D009, F019, K003, K004, K005, K006, K062, K071, K100, K106, P010, P011, P012, P076, P078, U134, and U151 (268 Appendix IV)
32Characteristic Waste268.9(b) – Special rules regarding wastes that exhibit a characteristic:Listed codes and characteristic codes must both be applied, except:When the treatment standard for the listed codes operates in lieu of the treatment standard of the characteristic codeExampleMEK – F005, not D035/F005Perc – F002, not D039/F002But,Need D001 if F005 flashes, because F005 does not cover FP
33Characteristic Waste268.9(b) – Special rules regarding wastes that exhibit a characteristic:Examples:MEK – F005, not D035/F005Perc – F002, not D039/F002D001/F005D001/F003/F005Example
34Characteristic Waste 268.9(b) – Paperwork required: If waste no longer hazardous:One time notice to file, not to Subtitle D facility (268.9(d))If waste no longer hazardous, but does not meet treatment standards:Comply with 268.7(b)(4)(iv)ExampleD002D002 with UHCs
35Generator Treatment Permissible if: Generator complies with applicable parts ofContainers, per 40 CFR 265 Subpart ITanks, per 40 CFR 265 Subpart JContainment buildings, per 40 CFR 265 Subpart DDGenerator has a written Waste Analysis PlanBased on detailed chemical and physical analysisKeeps records documenting treatment and disposalCertifications after treatment
36Wastes Treated On-Site The slide of a facility that was treating D001 resins in containers.Definition of treatment (260.10) – Any method, technique or process, including neutralization, designed to change the physical, chemical, or biological character composition of any hazardous waste so as to neutralize such waste, or so as to recover energy or material resources from the waste so as to render such waste non-hazardous, less hazardous, safer to transport, store or dispose of; or amenable for recovery, amenable for storage or reduced in volume.
37Wastes Treated On-Site Explain difference between elementary neutralization and hw treatmentThe slide on the left – a facility that was treating D002/D008 wasteThe slide on the right – a facility neutralizing D002 wasteExplain the difference
38Wastes Treated On-Site Deactivated Characteristic wastes managed in CWA systems:One time notice to facility’s filesDescribing generationDescribe exclusionDisposition of waste268.7(a)(7) applies to wastes that are generated, then managed under an exclusionTSDFs are also permitted to determine that wastes are excluded, after they receive themExample elementary neutralization and discharge to city sewer.
39Other Resources Main EPA LDR page: EPA 2001 LDR Booklet:EPA 2005 LDR Training Module:EPA Waste Analysis Plan Guidance: