Presentation is loading. Please wait.

Presentation is loading. Please wait.

February 13, 20071 Hazardous Waste Identification Charles Corcoran Waste Identification and Recycling Section Waste Identification and Recycling Section.

Similar presentations


Presentation on theme: "February 13, 20071 Hazardous Waste Identification Charles Corcoran Waste Identification and Recycling Section Waste Identification and Recycling Section."— Presentation transcript:

1 February 13, Hazardous Waste Identification Charles Corcoran Waste Identification and Recycling Section Waste Identification and Recycling Section Regulatory and Program Development Division Hazardous Waste Management Program Department of Toxic Substances Control

2 February 13, Purpose of Course To provide the knowledge to enable you to make a “hazardous waste determination” To provide the knowledge to enable you to make a “hazardous waste determination” To familiarize you with laws and regulations pertaining to hazardous waste identification To familiarize you with laws and regulations pertaining to hazardous waste identification

3 February 13, Objectives Understand the terms “waste”, “exclusion”, “exemption”, “listing”, and “characteristic” Understand the terms “waste”, “exclusion”, “exemption”, “listing”, and “characteristic” To know where to find the above To know where to find the above To be able to work with sample data to make a hazardous waste determintaion To be able to work with sample data to make a hazardous waste determintaion

4 February 13, Administrative Essentials Breaks/Lunch Breaks/Lunch Restrooms Restrooms Food/Drinks in Classroom Food/Drinks in Classroom Cell Phones Cell PhonesOther?

5 February 13, Golden Rule for this Course: ASK QUESTIONS!!! This course is its most useful when you explore the concepts with me. This course is its most useful when you explore the concepts with me. If something is unclear or doesn’t make sense, ask for clarification. If something is unclear or doesn’t make sense, ask for clarification.

6 February 13, Hazardous Waste Identification Part 1: Introduction

7 February 13, Accuracy is Essential All other waste management requirements hinge upon this one decision All other waste management requirements hinge upon this one decision Generator’s responsibilities are defined Generator’s responsibilities are defined Regulator’s authority is defined Regulator’s authority is defined

8 February 13, Mistakes Happen Because: Because: –Lack of information –Poor judgement –Misinformation –Lack of knowledge about the laws and regulations

9 February 13, Misclassification : Does it really matter?

10 February 13, Case 1: Nonhazardous wastes (mis)classified as hazardous wastes as hazardous wastes –Generators - legally no problem –Regulators - could result in unsuccessful litigation: wasted resources and effort

11 February 13, Case 2: Hazardous wastes misclassified as nonhazardous wastes Generators –Legally BIG problems –Illegal management/ disposal of hazardous wastes Regulators –BIG problems-fails to identify potential waste mismanagement – Could prolong conditions that endanger public health and the environment

12 February 13, Laws & Regulations Dual System Federal and State laws and regulations

13 February 13, Federal Laws Statute: Resource Conservation and Recovery Act or RCRA, Chapter 42, United States Code Statute: Resource Conservation and Recovery Act or RCRA, Chapter 42, United States Code Regulations: Title 40, Code of Federal Regulations (40 CFR,Parts ) Regulations: Title 40, Code of Federal Regulations (40 CFR,Parts ) c.htm

14 February 13, State Laws Statute: Hazardous Waste Control Law, California Health and Safety Code, Division 20, Chapter 6.5, Statute: Hazardous Waste Control Law, California Health and Safety Code, Division 20, Chapter 6.5, –(www.leginfo.ca.gov/calaw.html) Regulations: California Code of Regulations, Division 4.5, Title 22 Regulations: California Code of Regulations, Division 4.5, Title 22 –(www.calregs.com)

15 February 13, State Requirements Important Note: Unlike the federal requirements, in California both statutes and regulations contain specific requirements Important Note: Unlike the federal requirements, in California both statutes and regulations contain specific requirements Need to use 2 books Need to use 2 books

16 February 13, California is a federally “authorized” state Generally, California’s requirements contain all hazardous waste requirements that apply in California Generally, California’s requirements contain all hazardous waste requirements that apply in California Most newly adopted federal regulations do not apply in California until California adopts them Most newly adopted federal regulations do not apply in California until California adopts them

17 February 13, Title 22 CCR: Contents Chapter 10 - Scope and Definitions Chapter 10 - Scope and Definitions Chapter 11 - Identification and Listing of Hazardous Wastes Chapter 11 - Identification and Listing of Hazardous Wastes Chapter 12 - Generator Standards Chapter 12 - Generator Standards See section See section

18 February 13, Title 22 CCR: Contents Chapter 13 - Transporter Standards Chapter 13 - Transporter Standards Chapter 14 - Requirements for Permitted Facilities Chapter 14 - Requirements for Permitted Facilities Chapter 15 - Requirements for Interim Status Facilities Chapter 15 - Requirements for Interim Status Facilities Chapter 16 - Requirements for Recyclable Wastes Chapter 16 - Requirements for Recyclable Wastes

19 February 13, Organization of Chapter 11 Article 1 Article 1 –General Provisions –Definition of Waste –Definition of Hazardous Waste Article 2 Article 2 –Criteria for Identifying the Characteristics of Hazardous Waste

20 February 13, Organization of Chapter 11 Article 3 Article 3 –Characteristics of Hazardous Waste Article 4 Article 4 –Lists of RCRA Hazardous Wastes Article 4.1 Article 4.1 –Additional Lists of Hazardous Wastes

21 February 13, Chapter 11 Appendices Article 5 Article 5 –Categories of Hazardous Waste –(waste classification) Appendix I Appendix I –Representative Sampling Methods (Alternatives to SW-846) Appendix II Appendix II –Waste Extraction Test Procedures

22 February 13, Chapter 11 Appendices Appendix III Appendix III –Chemical Analytical Test Methods Appendix VII Appendix VII –Basis for listing RCRA hazardous wastes Appendix VIII Appendix VIII –Hazardous constituents found in RCRA-listed hazardous wastes

23 February 13, Chapter 11 Appendices Appendix X Appendix X –List of Chemical Names and Common Names of Hazardous Wastes Appendix XI Appendix XI –Organic Lead Test Method Appendix XII Appendix XII –California Hazardous Waste Codes

24 February 13, Who determines whether the waste is a hazardous waste? 22 CCR § (c) Generator’s responsibility to make determination Generator’s responsibility to make determination

25 February 13, Hazardous Waste Determination 22 CCR § How? How? The information a waste generator may use to classify their waste falls into two categories: The information a waste generator may use to classify their waste falls into two categories: –Analytical testing data –Generator knowledge of materials and processes used

26 February 13, What if the generator does it wrong? 22 CCR § (c) Subject to enforcement action if hazardous waste is mismanages hazardous waste as nonhazardous waste Subject to enforcement action if hazardous waste is mismanages hazardous waste as nonhazardous waste

27 February 13, How does an inspector know if the generator did the waste determination wrong? That’s why we are here That’s why we are here

28 February 13, Overview of the hazardous waste determination procedure Is the material a waste? Is the material a waste? –Is the material excluded or exempted? Is the waste excluded or exempted? Is the waste excluded or exempted? Is the waste listed in Article 4 or 4.1? Is the waste listed in Article 4 or 4.1? Is the waste listed in Appendix X? Is the waste listed in Appendix X? Does the waste exhibit a characteristic of hazardous waste? Does the waste exhibit a characteristic of hazardous waste?

29 February 13, Hazardous Waste Determination Process Part 2: Waste Identification

30 February 13, STEP 1: Do I have a “waste” ?

31 February 13, What is a Waste? Layperson’s definition Some thing that someone has, but that they don’t have a use for. Some thing that someone has, but that they don’t have a use for. Probably going to get rid of. Probably going to get rid of.

32 February 13, Definition of Waste § CCR §25124 HSC A waste is any discarded material (in any physical form, such as solid, liquid, semi-solid, contained gas) that is not excluded by (a), (e), or (b) or (d) A waste is any discarded material (in any physical form, such as solid, liquid, semi-solid, contained gas) that is not excluded by (a), (e), or (b) or (d)

33 February 13, What does “Discarded” mean? 22 CCR (b) A material is discarded if it is: A material is discarded if it is: –Relinquished –Recycled (sometimes) –Inherently waste-like

34 February 13, Relinquished 22 CCR (c) A material is relinquished if it is: A material is relinquished if it is: –disposed of –burned or incinerated –accumulated, stored or treated (but not recycled) before, or in lieu of, being relinquished

35 February 13, Recycled 22 CCR (d) A material is a waste if it is recycled (or accumulated, stored or treated prior to recycling) if it is: A material is a waste if it is recycled (or accumulated, stored or treated prior to recycling) if it is: –used in a manner constituting disposal (placed on land) –burned for energy recovery –reclaimed –accumulated speculatively

36 February 13, Inherently Waste-like Materials 22 CCR (e) A material is a waste if it is inherently waste-like when it is recycled A material is a waste if it is inherently waste-like when it is recycled –RCRA waste codes F020, F021, F022, F023, F026 and F028 (contain dioxins) –secondary materials that are otherwise hazardous waste and are fed to a halogen acid furnace

37 February 13, Improper Packaging/Labeling 22 CCR (f) Materials are also wastes if they are: Materials are also wastes if they are: –mislabeled or inadequately labeled, unless labeled correctly within 10 days –in a deteriorated or damaged container, unless repackaged within 96 hours Must pose a threat to human health or the environment Must pose a threat to human health or the environment

38 February 13, Exclusions §25124 HSC Materials that are not discarded: Materials that are not discarded: –Intermediate manufacturing process streams –Coolants, lubricants or cutting fluids that are filtered to extend their useful life

39 February 13, Exclusions § HSC –Certain recyclable materials ingredients in industrial processes ingredients in industrial processes substitutes for commercial products substitutes for commercial products returned to original process w/out reclamation returned to original process w/out reclamation recycled/reused onsite recycled/reused onsite

40 February 13, Waste Exclusions 22 CCR § (a) Materials that are not wastes: Materials that are not wastes: –Point source discharges subject to CWA (NPDES permits) –Nuclear wastes –Spent sulfuric acid used to produce virgin sulfuric acid

41 February 13, Waste Exclusions 22 CCR § (a) Materials that are not wastes: Materials that are not wastes: –reclaimed pulping liquors –reclaimed secondary materials returned to original process

42 February 13, STEP 2: So you have a waste. Is it a hazardous waste? Wait…

43 February 13, Overview of Hazardous Waste Classification Is the material a waste? Is the material a waste? –Is the material excluded or exempted? Is the waste excluded or exempted? Is the waste excluded or exempted? Is the waste listed in Article 4 or 4.1? Is the waste listed in Article 4 or 4.1? Is the waste listed in Appendix X? Is the waste listed in Appendix X? Does the waste exhibit a characteristic of hazardous waste? Does the waste exhibit a characteristic of hazardous waste?

44 February 13, Hazardous Waste Exclusions 22 CCR § (b) Wastes that are not hazardous wastes: Wastes that are not hazardous wastes: –Infectious wastes (animal carcasses) –Used oil re-refining still bottoms used in asphalt products –Used CFCs that are reclaimed –Mining wastes –Wastes excluded under 40 CFR §261.4 *

45 February 13, Hazardous Waste Exclusions 22 CCR § (b) *Wastes excluded under 261.4(b), unless the waste also exhibits an Article 3 characteristic Household wastes Household wastes Agricultural wastes used as fertilizers Agricultural wastes used as fertilizers Mining overburden Mining overburden Fossil fuel combustion wastes Fossil fuel combustion wastes Trivalent chromium wastes (leather tanning) Trivalent chromium wastes (leather tanning) Mining wastes Mining wastes Cement kiln dust Cement kiln dust Arsenic treated wood Arsenic treated wood

46 February 13, Hazardous Waste Exclusions 22 CCR § (b) *Wastes excluded under 261.4(b), unless the waste also exhibits an Article 3 characteristic Used CFC refrigerants Used CFC refrigerants Used oil filters Used oil filters Landfill leachate or gas condensate Landfill leachate or gas condensate Petroleum contaminated media and debris (D018-D043) Petroleum contaminated media and debris (D018-D043) Reinjected groundwater from refinery cleanups Reinjected groundwater from refinery cleanups

47 February 13, Hazardous Waste Exemptions 22 CCR § (c-g) –materials in product or raw material storage tanks are exempt until removed (within 90 days of ceasing operation) –samples - subject to regulation as a waste after use as a sample ceases –treatability study samples for generator and labs –controlled substances

48 February 13, Statutory Exemptions § (b)(2)(B) HSC These substances are not hazardous wastes if only hazardous by acute toxicity criteria. These substances are not hazardous wastes if only hazardous by acute toxicity criteria. acetic acid calcium fluoride aluminum chloridecalcium formate ammonium bromide calcium propionate ammonium sulfatecesium chloride anisolemagnesium chloride boric acidpotassium chloride

49 February 13, Statutory Exemptions § (b)(2)(B) HSC These substances are not hazardous wastes if only hazardous by acute oral toxicity criteria These substances are not hazardous wastes if only hazardous by acute oral toxicity criteria sodium bicarbonatefood flavoring oils: sodium borate allspice oil decahydrate Ceylon cinnamon oil sodium carbonate clarified slurry oil sodium chloridedill oils sodium iodidelauryl leaf oils sodium tetraborate

50 February 13, Statutory Exclusion/Exemption § (b)(3)(A) HSC Effective January 1, 1996 Effective January 1, 1996 Excluded from hazardous waste classification for disposal purposes only Excluded from hazardous waste classification for disposal purposes only Hazardous only because of Total Threshold Limit Concentration Hazardous only because of Total Threshold Limit Concentration

51 February 13, Statutory Exclusion/Exemption § (b)(3)(A) HSC Must be managed per the regulations prior to disposal Must be managed per the regulations prior to disposal Does not apply to: Does not apply to: –liquids, sludges, sludge-likes, soils, finely divided or tarry materials –organic constituents

52 February 13, Statutory Exemptions HSC § (c) (1) Geothermal drilling wastes that are generated from exploration, development, or production of geothermal energy (excluding filter cake) is exempt. Geothermal drilling wastes that are generated from exploration, development, or production of geothermal energy (excluding filter cake) is exempt.

53 February 13, Statutory Exclusions/Exemptions § HSC Treated wood wastes (TWW) Treated wood wastes (TWW) –Effective January 1, 2007 –treated wood wastes regulated pursuant to RCRA must comply with hazardous waste requirements –Treated wood wastes that is a CA hazardous waste, but not a RCRA-TWW and is not from electric, gas, or telephone service is eligible for the provisions of HSC § and

54 February 13, Statutory Exclusions § HSC Cementitious materials Cementitious materials –effective January 1, 1996 –cement, cement kiln dust, clinker, clinker dust –not required to be tested for solid corrosivity –if hazardous solely due to corrosivity for solids, excluded from classification as hazardous waste

55 February 13, Statutory Exemptions § HSC Petroleum contaminated debris if Petroleum contaminated debris if –wood, paper, textiles, concrete rubble, metallic objects, solid manufactured objects –not Federally regulated –does not contain free liquids –disposed in Class I or II landfill

56 February 13, Statutory Exemptions § HSC Asbestos wastes Asbestos wastes – may be disposed in a landfill that is not Class I

57 February 13, Statutory Exemptions § and § HSC Biohazardous waste Biohazardous waste –formaldehyde fixed human surgery specimens or tissues –Wastes contaminated with chemotherapeutic agents –pharmaceuticals

58 February 13, Hazardous Waste Exemptions 22 CCR § Contaminated containers Contaminated containers Exempted if “empty” Exempted if “empty”

59 February 13, Containers empty when: Containers empty when: –Pourable wastes no longer pour when container inverted –Nonpourable wastes are scraped or otherwise removed Hazardous Waste Exemptions 22 CCR §

60 February 13, Hazardous Waste Exemptions 22 CCR § gallons or smaller - destroyed and disposed 5 gallons or smaller - destroyed and disposed Larger than 5 gallons - reclaimed for scrap value, reconditioned, remanufactured, or refilled Larger than 5 gallons - reclaimed for scrap value, reconditioned, remanufactured, or refilled Aerosols if completely discharged of contents and propellant Aerosols if completely discharged of contents and propellant

61 February 13, Hazardous Waste Determination Procedure Is the material a waste? Is the material a waste? –Is the material excluded or exempted? Is the waste excluded or exempted? Is the waste excluded or exempted? Is the waste listed in Article 4 or 4.1? Is the waste listed in Article 4 or 4.1? Is the waste listed in Appendix X? Is the waste listed in Appendix X? Does the waste exhibit a characteristic of hazardous waste? Does the waste exhibit a characteristic of hazardous waste?

62 February 13, Waste Determination Process Is the waste listed in Article 4 or 4.1? Is the waste listed in Article 4 or 4.1? Hazardous waste identification - listings Hazardous waste identification - listings

63 February 13, Definition of Hazardous Waste 22 CCR § A waste is a hazardous waste if it: A waste is a hazardous waste if it: –listed in or contains constituents listed in Appendix X, unless the waste is determined to be nonhazardous –is a mixture of a waste and a Article 4 (Federal) listed hazardous waste

64 February 13, CCR Article 4: RCRA Lists Lists were created based on U.S. EPA established criteria (40 CFR ) Lists were created based on U.S. EPA established criteria (40 CFR ) –pose a threat in the absence of special regulation –pose a threat even when properly managed –typically exhibits a hazardous waste characteristic –otherwise hazardous

65 February 13, RCRA Listed Hazardous Wastes 22 CCR Article 4 A waste is compared to the wastes described in the lists A waste is compared to the wastes described in the lists The source of the waste (i.e., the process that generated the waste) is just as (maybe more) important than the waste’s constituents The source of the waste (i.e., the process that generated the waste) is just as (maybe more) important than the waste’s constituents must meet all aspects of the listing for it to apply. must meet all aspects of the listing for it to apply.

66 February 13, Three categories of lists 1. Non-specific sources (F) 2. Specific sources (K) - Hazard code - the reason the waste was listed (I, C, R, E, H, T)

67 February 13, Three categories of lists 3. Discarded commercial chemical products, off-specification species, and spill residues (P, U) - Hazard code H acute hazardous waste (P-list) - Hazard code T toxic (U-list)

68 February 13, Non-specific Sources (F-List) 22 CCR § Waste codes with "F" followed by a three-digit number (e.g., F001) Waste codes with "F" followed by a three-digit number (e.g., F001) Not dependent on industry or process that generates the waste Not dependent on industry or process that generates the waste Not dependent on constituents or their concentrations present in the waste Not dependent on constituents or their concentrations present in the waste

69 February 13, Non-specific Sources (F-List) 22 CCR § Spent solvent wastes (F001 - F005) Spent solvent wastes (F001 - F005) Electroplating and metal finishing operations wastes (F006 - F012, F019) Electroplating and metal finishing operations wastes (F006 - F012, F019) Dioxin-bearing wastes (F020 - F023; F026 - F028) Dioxin-bearing wastes (F020 - F023; F026 - F028)

70 February 13, Non-specific Sources (F-listed) 22 CCR § Chlorinated aliphatic hydrocarbons production wastes (F024, F025) Chlorinated aliphatic hydrocarbons production wastes (F024, F025) Wood preserving wastes (F032, F034, and F035) Wood preserving wastes (F032, F034, and F035) Petroleum refinery wastewater treatment sludges (F037 and F038) Petroleum refinery wastewater treatment sludges (F037 and F038) Multisource leachate (F039) Multisource leachate (F039)

71 February 13, Example: F001 “The following spent halogenated solvents used in degreasing: Tetrachloroethylene, trichloroethylene, methylene chloride, 1,1,1 ‑ trichloroethane, carbon tetrachloride, and chlorinated fluorocarbons; all spent solvent mixtures/blends used in degreasing containing, before use, a total of ten percent or more (by volume) of one or more of the above halogenated solvents or those solvents listed in F002, F004, and F005; and still bottoms from the recovery of these spent solvents and spent solvent fixtures.” “The following spent halogenated solvents used in degreasing: Tetrachloroethylene, trichloroethylene, methylene chloride, 1,1,1 ‑ trichloroethane, carbon tetrachloride, and chlorinated fluorocarbons; all spent solvent mixtures/blends used in degreasing containing, before use, a total of ten percent or more (by volume) of one or more of the above halogenated solvents or those solvents listed in F002, F004, and F005; and still bottoms from the recovery of these spent solvents and spent solvent fixtures.”

72 February 13, Example: F001-Degreasing operations To be listed, a waste: To be listed, a waste: –must be one of the listed solvents –must be "spent" –must have been used for degreasing –must have been ten percent or more before use, or –must be still bottoms from solvent recycling

73 February 13, Specific Sources (K-List) 22 CCR § Waste codes with ”K" followed by a three-digit number (e.g., K001) Waste codes with ”K" followed by a three-digit number (e.g., K001) Dependent on the industry, process, or waste source specified in the description Dependent on the industry, process, or waste source specified in the description Not dependent on constituents or their concentrations present in the waste Not dependent on constituents or their concentrations present in the waste

74 February 13, Specific Sources (K-List) 22 CCR § Wood preservation Wood preservation Inorganic pigment Inorganic pigment Organic chemicals Organic chemicals Inorganic chemicals Inorganic chemicals Pesticides Pesticides Explosives Explosives Petroleum refining Petroleum refining Iron and steel Iron and steel Veterinary pharmaceuticals Veterinary pharmaceuticals Primary copper Primary copper Primary lead Primary lead Primary zinc Primary zinc Primary aluminum Primary aluminum Ferroalloys Ferroalloys Secondary lead processing Secondary lead processing Ink formulation Ink formulation Coking (processing of coal to produce coke Coking (processing of coal to produce coke Manufacturing and Production Wastes from:

75 February 13, Example: K001 “Bottom sediment sludge from the treatment of wastewaters from wood preserving processes that use creosote and/or pentachlorophenol.” “Bottom sediment sludge from the treatment of wastewaters from wood preserving processes that use creosote and/or pentachlorophenol.”

76 February 13, Example: K001 To be listed: To be listed: –wood preserving facility or where wood preservation is/was performed –facility must use creosote or pentachlorophenol –facility must generate and treat wastewater –only bottom sediment sludge from a wastewater treatment unit

77 February 13, Discarded Commercial Chemical Products, Off-Spec. Species, & Spill Residues (P-& U-lists) 22 CCR § (e) & (f) Waste codes with ”P" or “U” with a three digit number (e.g., P001. U001) Waste codes with ”P" or “U” with a three digit number (e.g., P001. U001) “P” wastes are acutely hazardous wastes (H) “P” wastes are acutely hazardous wastes (H) “U” wastes are toxic hazardous wastes (T) “U” wastes are toxic hazardous wastes (T) Most misunderstood of the RCRA listings Most misunderstood of the RCRA listings

78 February 13, Discarded CCP, Off-Spec. Species, and Spill Residues (P- & U-lists) 22 CCR § (e) & (f) To be listed To be listed –the chemical must be unused –the chemical must be pure (i.e., a sole active ingredient in a formulation) Cannot have been used or become spent Cannot have been used or become spent Cannot have been mixed with other chemicals/active ingredients to form a product Cannot have been mixed with other chemicals/active ingredients to form a product

79 February 13, Example: U220 - Toluene Must be unused Must be unused Must be the sole active ingredient Must be the sole active ingredient A waste that contains toluene is not listed as U220 only because toluene is present A waste that contains toluene is not listed as U220 only because toluene is present Examples: Examples: –Laboratory chemicals, expired or shelf-life materials, raw material spills

80 February 13, Example: U220 - Toluene A paint formulation containing toluene would not meet the U220 listing just because the paint contained toluene A paint formulation containing toluene would not meet the U220 listing just because the paint contained toluene

81 February 13, Hazardous Waste Determination Procedure Is the material a waste? Is the material a waste? –Is the material excluded or exempted? Is the waste excluded or exempted? Is the waste excluded or exempted? Is the waste listed in Article 4 or 4.1? Is the waste listed in Article 4 or 4.1? Is the waste listed in Appendix X? Is the waste listed in Appendix X? Does the waste exhibit a characteristic of hazardous waste? Does the waste exhibit a characteristic of hazardous waste?

82 February 13, Article 4.1 DTSC Listed Wastes Effective March 15, 2003 Effective March 15, 2003 Adopted M-Listed Wastes Adopted M-Listed Wastes Mercury (Hg) containing wastes Mercury (Hg) containing wastes

83 February 13, Article 4.1 DTSC Listed Wastes M001: Hg light switches in cars and cars with them prior to crushing, baling, shredding, or shearing M001: Hg light switches in cars and cars with them prior to crushing, baling, shredding, or shearing M002: Other Hg switches in products, including appliances (effective 2/9/06) M002: Other Hg switches in products, including appliances (effective 2/9/06) M003: Hg containing lamps and products with Hg lamps M003: Hg containing lamps and products with Hg lamps M004: Hg added novelties M004: Hg added novelties

84 February 13, Regulations Unique to Federal RCRA Listed Wastes Mixture Rule Mixture Rule Derived-From Rule Derived-From Rule Contained-In Policy Contained-In Policy

85 February 13, Mixture Rule – RCRA Listed Wastes 22 CCR § (a)(2)(E) & (F) Mixtures of wastes and RCRA listed hazardous wastes are hazardous wastes Mixtures of wastes and RCRA listed hazardous wastes are hazardous wastes Concentrations are irrelevant Concentrations are irrelevant

86 February 13, Mixture Rule – RCRA Listed Wastes 22 CCR § (a)(2) (E) & (F) Exemptions: Exemptions: –waste has been delisted by US EPA –wastes listed solely due to a characteristic other than (t) or (h), and mixture does not exhibit the characteristic (example, F003 - ignitability)

87 February 13, Mixture Rule – RCRA Listed Wastes 22 CCR § (a)(2)(F) Exemptions: Exemptions: –wastewaters containing de minimus concentrations of listed wastes discharged under CWA provisions –wastes containing minimal losses of P and U wastes due to normal handling or minor leaks –others

88 February 13, Derived-From Rule- RCRA Listed Wastes 22 CCR § (c) Wastes generated from the treatment, storage or disposal of listed wastes are hazardous wastes Wastes generated from the treatment, storage or disposal of listed wastes are hazardous wastes Example: incineration of K001 sludge, resulting ash is derived from a RCRA listed waste Example: incineration of K001 sludge, resulting ash is derived from a RCRA listed waste

89 February 13, Derived-From Rule – RCRA Listed Wastes 22 CCR § (c) Exemptions Exemptions –waste is delisted by US EPA –pickle liquor sludge –slag from high temperature metal recovery (F006, K061, and K062) –biological treatment sludge (K156 and K157)

90 February 13, RCRA Contained-in Policy Applies to contaminated media and debris Applies to contaminated media and debris Environmental media (water or soil) that contain listed wastes are hazardous wastes Environmental media (water or soil) that contain listed wastes are hazardous wastes –unless DTSC determines that the listed waste is present in insignificant concentrations (risk-based evaluation)

91 February 13, Example - Technical Grade - 80% 2,4 dinitrotoluene - unused, but to be discarded - listed as U105 Listed Hazardous Waste

92 February 13, Class Example - Product Containing 5% p-chloroaniline and other active ingredients - Product is unused, but spilled onto land - P-chloroaniline listed as P024 Not a Listed Hazardous Waste

93 February 13, Class Example - Sole Active Ingredient: 5% p-chloroaniline - unused, but spilled onto land - listed as P024 Listed Hazardous Waste Soil contains a listed hazardous waste

94 February 13, Class Example - Sole Active Ingredient: 5% p-chloroaniline - unused, but spilled onto land - spill residue treated - listed as P024 Treatment Waste Residue Clean soil Hazardous Waste because Derived From Listed Waste Nonhazardous contained-in det.

95 February 13, Delisting 40 CFR § A waste producer can petition U.S.EPA to delist a listed waste A waste producer can petition U.S.EPA to delist a listed waste Involved, time consuming process Involved, time consuming process Delisting petitions that are granted are adopted into regulation (see 40 CFR Part 261, Appendix IX) Delisting petitions that are granted are adopted into regulation (see 40 CFR Part 261, Appendix IX) DTSC does not issue delistings DTSC does not issue delistings

96 February 13, CA Mixture Rule for M-Listed Wastes 22 CCR § (b)(4) (Article 4.1) Not like the RCRA listed waste mixture Not like the RCRA listed waste mixture Is a hazardous waste only if it meets a characteristic of a hazardous waste (toxic, corrosive, ignitable, reactive) Is a hazardous waste only if it meets a characteristic of a hazardous waste (toxic, corrosive, ignitable, reactive)

97 February 13, Derived-From Rule: M-Listed Waste 22 CCR § (c)(5) Not like the RCRA listed waste derived from rule Not like the RCRA listed waste derived from rule Addresses waste derived from treatment or recycling of Article 4.1 listed wastes Addresses waste derived from treatment or recycling of Article 4.1 listed wastes Is a hazardous waste only if it meets a characteristic of a hazardous waste (toxic, corrosive, ignitable, reactive) Is a hazardous waste only if it meets a characteristic of a hazardous waste (toxic, corrosive, ignitable, reactive)

98 February 13, What if my waste isn’t listed (is not a listed HW)? If a waste is not on any of the lists, the next step is to determine if the waste exhibits one of the characteristics of hazardous waste If a waste is not on any of the lists, the next step is to determine if the waste exhibits one of the characteristics of hazardous waste

99 February 13, Hazardous Waste Determination Procedure Is the material a waste? Is the material a waste? –Is the material excluded or exempted? Is the waste excluded or exempted? Is the waste excluded or exempted? Is the waste listed in Article 4 or 4.1? Is the waste listed in Article 4 or 4.1? Is the waste listed in Appendix X? Is the waste listed in Appendix X? Does the waste exhibit a characteristic of hazardous waste? Does the waste exhibit a characteristic of hazardous waste?

100 February 13, Hazardous Waste Determination Procedure Step 4: Hazardous Waste Identification - Characteristics - Characteristics

101 February 13, Characteristics of Hazardous Wastes 22 CCR Article 3 Ignitability Ignitability Corrosivity Corrosivity Reactivity Reactivity Toxicity Toxicity

102 February 13, Ignitable Wastes Wastes that can readily catch fire and sustain combustion Wastes that can readily catch fire and sustain combustion Same as federal characteristic Same as federal characteristic

103 February 13, Characteristics of Ignitability 22 CCR § Liquid with a flashpoint < 140°F (60°C) Liquid with a flashpoint < 140°F (60°C) Not a liquid and is capable, under STP, of causing fire through friction, absorption of moisture or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a hazard Not a liquid and is capable, under STP, of causing fire through friction, absorption of moisture or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a hazard Ignitable compressed gas Ignitable compressed gas Oxidizer Oxidizer Waste code D001 Waste code D001

104 February 13, Characteristic of Ignitability 22 CCR § Flash point testing for liquids Flash point testing for liquids For nonliquids, more difficult For nonliquids, more difficult –SW-846 Method 1030 to test rate of combustion –no tests available to measure friction, absorption of moisture or spontaneous chemical changes

105 February 13, Corrosive Wastes acidic or alkaline (basic) wastes that can readily damage materials (skin or containers) they contact acidic or alkaline (basic) wastes that can readily damage materials (skin or containers) they contact California included solids (22 CCR § (a) (3) & (a) (4) California included solids (22 CCR § (a) (3) & (a) (4)

106 February 13, Characteristic of Corrosivity 22 CCR § Measured by pH Measured by pH Measured by rate of steel corrosion Measured by rate of steel corrosion Waste code D002 Waste code D002

107 February 13, Characteristic of Corrosivity 22 CCR § pH pH –Aqueous solution with a pH  2 or > 12.5 –Not aqueous and, when mixed with an equal weight of water, has pH  2 or > 12.5

108 February 13, Characteristic of Corrosivity 22 CCR § Steel corrosion rate Steel corrosion rate –Liquid that corrodes steel at a rate greater than 6.35mm per year –Not liquid, and, when mixed with an equal weight of water, corrodes steel at a rate greater than 6.35mm per year

109 February 13, Reactive Wastes wastes that readily explode, or wastes that readily explode, or undergo violent reactions undergo violent reactions

110 February 13, Characteristic of Reactivity 22 CCR § explode or react violently when exposed to water or under normal handling conditions explode or react violently when exposed to water or under normal handling conditions create toxic fumes or gases when exposed to water or under common handling conditions create toxic fumes or gases when exposed to water or under common handling conditions meets the criteria for classification as an explosive under Department of Transportation rules. meets the criteria for classification as an explosive under Department of Transportation rules.

111 February 13, Characteristic of Reactivity 22 CCR § Consists exclusively of narrative criteria Consists exclusively of narrative criteria For pure or relatively pure compounds which are wastes, a reactivity determination is relatively easy and straightforward For pure or relatively pure compounds which are wastes, a reactivity determination is relatively easy and straightforward Mixtures pose a dilemma Mixtures pose a dilemma

112 February 13, Characteristic of Reactivity 22 CCR § In many cases, there are no test methods In many cases, there are no test methods Generators to use their best knowledge Generators to use their best knowledge Assumes that the dangers these wastes pose are well known to the few waste handlers who deal with them Assumes that the dangers these wastes pose are well known to the few waste handlers who deal with them

113 February 13, Characteristic of Reactivity 22 CCR § DTSC limited to using only tests, procedures and thresholds established by U.S.EPA (§ HSC) DTSC limited to using only tests, procedures and thresholds established by U.S.EPA (§ HSC) Therefore, unless DTSC adopts a new regulation, the reactivity characteristic should be applied as U.S. EPA would apply it Therefore, unless DTSC adopts a new regulation, the reactivity characteristic should be applied as U.S. EPA would apply it

114 February 13, Toxic Wastes wastes that can deleteriously effect human health or the environmental wastes that can deleteriously effect human health or the environmental

115 February 13, Characteristic of Toxicity 22 CCR § –Eight elements (or parts) to this characteristic –Waste can be toxic by any of these elements (by any one criterion) – TCLP is limited to federal hazardous wastes

116 February 13, Characteristic of Toxicity 22 CCR § Persistent and Bioaccumulative Toxic Substances (PBTs) Persistent and Bioaccumulative Toxic Substances (PBTs) –PBTs were considered public health threat and/or environmental hazard in the 1970’s –Elements (a)(1) and (a)(2) of toxic characteristic –Toxicity is where California really differs

117 February 13, Characteristic of Toxicity (TCLP) 22CCR (a)(1) The federal toxicity characteristic is based upon a leach test called the TCLP or the “Toxicity Characteristic Leaching Procedure” The federal toxicity characteristic is based upon a leach test called the TCLP or the “Toxicity Characteristic Leaching Procedure” Simulates landfill disposal of a hazardous waste Simulates landfill disposal of a hazardous waste

118 February 13, Characteristic of Toxicity (TCLP) 22 CCR (a)(1) Subsection (a)(1) (or element (a)(1)) incorporates the TCLP into California hazardous waste regulations Subsection (a)(1) (or element (a)(1)) incorporates the TCLP into California hazardous waste regulations To determine if a waste exhibits the characteristic of toxicity by this element, samples of the waste are extracted using the TCLP To determine if a waste exhibits the characteristic of toxicity by this element, samples of the waste are extracted using the TCLP The extracts are analyzed and the lab (analytical) results are compared to the RLs in the table The extracts are analyzed and the lab (analytical) results are compared to the RLs in the table

119 February 13, Characteristic of Toxicity (TCLP) 22 CCR (a)(1) If the result, in milligrams of hazardous constituent per liter of extract, equals or exceeds the RL, the waste exhibits the characteristic of toxicity. If the result, in milligrams of hazardous constituent per liter of extract, equals or exceeds the RL, the waste exhibits the characteristic of toxicity. In California, the TCLP is not applied to RCRA excluded or exempted wastes. In California, the TCLP is not applied to RCRA excluded or exempted wastes.

120 February 13, TCLP Example A waste sample is analyzed for chromium & cadmium using the TCLP. The analytical report states: A waste sample is analyzed for chromium & cadmium using the TCLP. The analytical report states: chromium mg/L chromium mg/L cadmium mg/L cadmium mg/L

121 February 13, Federal Toxicity Characteristic 22 CCR § (a)(1) D004 Arsenic D004 Arsenic D005 Barium D005 Barium D018 Benzene D018 Benzene D006Cadmium D006Cadmium D019 Carbon tetrachloride D019 Carbon tetrachloride D020Chlordane D020Chlordane D021 Chlorobenzene D021 Chlorobenzene D022Chloroform D022Chloroform D007Chromium D007Chromium D023o-Cresol D023o-Cresol D024m-Cresol D024m-Cresol D025p-Cresol D025p-Cresol D026Cresol D026Cresol D0162,4-D D0162,4-D D0271,4-Dichloro- benzene D0271,4-Dichloro- benzene D0281,2-Dichloro- ethane D0281,2-Dichloro- ethane

122 February 13, Characteristic of Toxicity 22 CCR § (a)(1) D0291,1 Dichloroethylene D0291,1 Dichloroethylene D0302,4 Dinitrotoluene D0302,4 Dinitrotoluene D012Endrin D012Endrin D031Heptachlor (and its epoxide) D031Heptachlor (and its epoxide) D032 Hexachlorobenzene D032 Hexachlorobenzene D033Hexachlorobu- tadiene D033Hexachlorobu- tadiene D034 Hexachloroethane D034 Hexachloroethane D008Lead D008Lead D013Lindane D013Lindane D009Mercury D009Mercury D014Methoxychlor D014Methoxychlor D035Methyl ethyl ketone D035Methyl ethyl ketone D036Nitrobenzene D036Nitrobenzene D037 Pentachlorophenol D037 Pentachlorophenol

123 February 13, Characteristic of Toxicity 22 CCR § (a)(1) D038Pyridine D038Pyridine D010Selenium D010Selenium D011Silver D011Silver D039Tetrachloro- ethylene D039Tetrachloro- ethylene D015Toxaphene D015Toxaphene D040Trichloro- ethylene D040Trichloro- ethylene D0412,4,5 Trichloro- phenol D0412,4,5 Trichloro- phenol D0422,4,6 Trichloro- phenol D0422,4,6 Trichloro- phenol D0172,4,5 ‑ TP (Silvex) D0172,4,5 ‑ TP (Silvex) D043Vinyl chloride D043Vinyl chloride

124 February 13, Characteristic of Toxicity 22 CCR § (a)(1) Each constituent has a Regulatory Level (RL) Each constituent has a Regulatory Level (RL) If the measured concentration in the TCLP extract exceeds the RL, the waste is toxic (and therefore hazardous waste.) If the measured concentration in the TCLP extract exceeds the RL, the waste is toxic (and therefore hazardous waste.) Wastes identified as toxic hazardous wastes carry the waste codes indicated. Wastes identified as toxic hazardous wastes carry the waste codes indicated.

125 February 13, Characteristic of Toxicity 22 CCR § (a)(2) Inorganic constituents Inorganic constituents –Both WET soluble and total concentrations Organic constituents Organic constituents –Both WET soluble and total concentrations

126 February 13, Characteristic of Toxicity 22 CCR § (a)(2) Subsection (a)(2) (or element (a)(2)) is unique to California’s hazardous waste regulations Subsection (a)(2) (or element (a)(2)) is unique to California’s hazardous waste regulations To determine if a waste exhibits the characteristic of toxicity by this element, samples of the waste are prepared for analysis of their total and extractable contents To determine if a waste exhibits the characteristic of toxicity by this element, samples of the waste are prepared for analysis of their total and extractable contents

127 February 13, Characteristic of Toxicity 22 CCR § (a)(2) The digests (total) and extracts (WET) are analyzed and the results are compared to their respective limits (in the tables in subsection (a) (2)). The digests (total) and extracts (WET) are analyzed and the results are compared to their respective limits (in the tables in subsection (a) (2)).

128 February 13, Persistent and Bioaccumulative Toxic Substances 22 CCR § (a)(2) Toxic and hazardous if: Toxic and hazardous if: The WET extract content > Soluble Threshold Limit Concentration (STLC) by the WET (mg/L), or The WET extract content > Soluble Threshold Limit Concentration (STLC) by the WET (mg/L), or The digest content > Total Threshold Limit Concentration (TTLC) by analysis for total concentration in waste (mg/kg) The digest content > Total Threshold Limit Concentration (TTLC) by analysis for total concentration in waste (mg/kg)

129 February 13, Inorganic Constituents 22 CCR § (a)(2)(A) Antimony Antimony Arsenic Arsenic Asbestos Asbestos Barium Barium Beryllium Beryllium Cadmium Cadmium Chromium Chromium Chromium VI Chromium VI Silver Silver Thallium Thallium Vanadium Vanadium Zinc Zinc Cobalt Cobalt Copper Copper Fluoride Salts Fluoride Salts Lead Lead Mercury Mercury Molybdenum Molybdenum Nickel Nickel Selenium Selenium

130 February 13, Organic constituents 22 CCR § (a)(2)(B) Aldrin Aldrin Chlordane Chlordane DDT,DDE, DDD DDT,DDE, DDD 2,4-Dichlorophen 2,4-Dichlorophen oxyacetic acid oxyacetic acid Dieldren Dieldren Dioxin Dioxin (2,3,7,8-TCDD) (2,3,7,8-TCDD) Endrin Endrin Heptachlor Heptachlor Kepone Kepone Organic Lead Compounds Organic Lead Compounds Lindane Lindane Methoxychlor Methoxychlor Mirex Mirex Pentachloro phenol Pentachloro phenol PCBs PCBs Toxaphene Toxaphene Trichloro- Trichloro- ethylene ethylene 2,4,5-Tri- 2,4,5-Tri- chloro phenoxy- propionic acid chloro phenoxy- propionic acid (Silvex) (Silvex)

131 February 13, TCLP WET Simulated landfill leachate Simulated landfill leachate Acetic acid extractant Acetic acid extractant 18 hour extraction 18 hour extraction 7 inorganic constituents 7 inorganic constituents 23 organic constituents 23 organic constituents less aggressive for inorganic constituents less aggressive for inorganic constituents zero headspace extractor for volatile organic compounds zero headspace extractor for volatile organic compounds Simulated landfill leachate Simulated landfill leachate Citric acid extractant Citric acid extractant 48 hour extraction 48 hour extraction 19 inorganic constituents 19 inorganic constituents 18 organic constituents 18 organic constituents more aggressive for inorganic constituents more aggressive for inorganic constituents More organic compounds More organic compounds Characteristic of Toxicity TCLP vs. WET Characteristic of Toxicity TCLP vs. WET

132 February 13, Characteristic of Toxicity Comparing Total and WET or TCLP One can guesstimate what the concentrations will be in the extracts from the WET and TCLP methods using the concentrations in the total digest. One can guesstimate what the concentrations will be in the extracts from the WET and TCLP methods using the concentrations in the total digest.

133 February 13, Characteristic of Toxicity Comparing Total and WET or TCLP WET uses a 10:1 ratio of solid sample (waste) to extractant fluid WET uses a 10:1 ratio of solid sample (waste) to extractant fluid TCLP uses a 20:1 ratio of solid sample (waste) to extractant fluid TCLP uses a 20:1 ratio of solid sample (waste) to extractant fluid

134 February 13, Characteristic of Toxicity Comparing Total and WET or TCLP If a substance in a waste were 100% soluble (in the extractant), then the maximum possible extract concentration would be: If a substance in a waste were 100% soluble (in the extractant), then the maximum possible extract concentration would be: –WET: 1/10 the total concentration –TCLP: 1/20 the total concentration

135 February 13, Example 1 Total digest = 530 mg/kg lead concentration, the maximum soluble results would be Total digest = 530 mg/kg lead concentration, the maximum soluble results would be –WET: 53 mg/l –TCLP: 26.5 mg/l Both federal and state soluble thresholds for lead are 5 mg/l Both federal and state soluble thresholds for lead are 5 mg/l

136 February 13, Example 2 Total digest = 53.0 mg/kg lead concentration, the maximum soluble results would be Total digest = 53.0 mg/kg lead concentration, the maximum soluble results would be –WET: 5.3 mg/l –TCLP: 2.65 mg/l Both federal and state soluble thresholds for lead are 5 mg/l Both federal and state soluble thresholds for lead are 5 mg/l

137 February 13, Example 3 To proceed with the WET or TCLP (for a solid waste), the minimum total lead concentration (in the digest) needs to be To proceed with the WET or TCLP (for a solid waste), the minimum total lead concentration (in the digest) needs to be –WET : 50 mg/kg –TCLP: 100 mg/kg

138 February 13, Acute Toxicity Oral ToxicityOral Toxicity Dermal ToxicityDermal Toxicity Inhalation ToxicityInhalation Toxicity Acute Aquatic Toxicity Acute Aquatic Toxicity

139 February 13, Acute Oral Toxicity 22 CCR § (a)(3) Acute Oral LD 50 Acute Oral LD 50 –the dose of a substance or mixture of substances, in milligrams per kilogram of test animal body weight, which, when administered orally as a single dose, produces death within 14 days in half of a group of 10 or more laboratory white rats.

140 February 13, Acute Oral Toxicity 22 CCR § (a)(3) Waste is hazardous if oral LD 50  2500 mg/kg (§ HSC) Waste is hazardous if oral LD 50  2500 mg/kg (§ HSC)

141 February 13, Acute Oral Toxicity Exclusion HSC § Wastes consisting of these substances are not hazardous wastes if they are only hazardous due to acute oral toxicity Wastes consisting of these substances are not hazardous wastes if they are only hazardous due to acute oral toxicity acetic acid calcium fluoride aluminum chloride calcium formate ammonium bromide calcium propionate ammonium sulfate cesium chloride anisole magnesium chloride boric acid potassium chloride

142 February 13, Acute Oral Toxicity Exclusion HSC § Wastes consisting of these substances are not hazardous wastes if they are only hazardous due to acute oral toxicity Wastes consisting of these substances are not hazardous wastes if they are only hazardous due to acute oral toxicity sodium bicarbonatefood flavoring oils: sodium borate allspice oil decahydrate ceylon cinnamon oil sodium carbonate clarified slurry oil sodium chloride dill oils sodium iodide lauryl leaf oils sodium tetraborate

143 February 13, Acute Dermal Toxicity 22 CCR § (a)(4) Acute dermal LD 50 Acute dermal LD 50 –dose of a substance or mixture of substances, in milligrams per kilogram of test animal body weight, which, when applied continuously to the bare skin for 24 hours, produces death within 14 days in half of a group of 10 or more rabbits.

144 February 13, Acute Dermal Toxicity 22 CCR § (a)(4) Waste is hazardous if dermal LD 50  4300 mg/kg Waste is hazardous if dermal LD 50  4300 mg/kg

145 February 13, Acute Inhalation Toxicity 22 CCR § (a)(5) Acute inhalation LC 50 Acute inhalation LC 50 –concentration of a substance or mixture of substances in air, which when inhaled continuously for 8 hours by a group of 10 or more laboratory white rats produces death in half the group within 14 days.

146 February 13, Acute Inhalation Toxicity 22 CCR § (a)(5) Waste is hazardous if inhalation LC 50  10,000 ppm Waste is hazardous if inhalation LC 50  10,000 ppm

147 February 13, Acute Toxicity In many cases, toxicity data is available for pure chemical compounds found in wastes In many cases, toxicity data is available for pure chemical compounds found in wastes Although not common, in theory a generator could perform an animal bioassay on their waste Although not common, in theory a generator could perform an animal bioassay on their waste

148 February 13, Calculated Inhalation Toxicity 22 CCR § (b) A waste mixture that contains one or more compounds that are acutely toxic (inhalation) can be shown to be nonhazardous A waste mixture that contains one or more compounds that are acutely toxic (inhalation) can be shown to be nonhazardous Measure headspace vapor concentration Measure headspace vapor concentration Concentration in headspace must be less than its LC 50 or LC LO Concentration in headspace must be less than its LC 50 or LC LO

149 February 13, Calculated Oral or Dermal Toxicity 22 CCR § (c) A waste mixture that contains one or more compounds that are acutely toxic (oral or dermal) can be calculated to be nonhazardous A waste mixture that contains one or more compounds that are acutely toxic (oral or dermal) can be calculated to be nonhazardous Calculated LD 50 = Calculated LD 50 = n %A x n %A x   x=1 T A x x=1 T A x

150 February 13, Calculated Oral or Dermal Toxicity 22 CCR § (c) For the calculation, LD 50 or LD LO values can be used For the calculation, LD 50 or LD LO values can be used

151 February 13, Calculated Oral or Dermal Toxicity 22 CCR § (c) % chem 1% chem … LD 50 chem 1LD 50 chem 2

152 February 13, Aquatic Toxicity 22 CCR § (a)(6) Also known as the “fish test” Also known as the “fish test” LC50 Measured using: LC50 Measured using: –fathead minnows –rainbow trout –golden shiners Hazardous if 96-hour LC50  500 mg/liter Hazardous if 96-hour LC50  500 mg/liter

153 February 13, Carcinogenicity 22 CCR § (a)(7) List of 16 carcinogenic substances List of 16 carcinogenic substances Hazardous if present in a waste or material in single or combined concentration exceeding percent (10 ppm) Hazardous if present in a waste or material in single or combined concentration exceeding percent (10 ppm)

154 February 13, Carcinogenic Substances 2-acetylaminofluorene 2-acetylaminofluorene acrylonitrile acrylonitrile 4-aminodiphenyl 4-aminodiphenyl bzenzidine bzenzidine bis(chloromethyl)ether bis(chloromethyl)ether Methyl chloromethyl ether Methyl chloromethyl ether 1,2-dibromo-3- chloropropane 1,2-dibromo-3- chloropropane 3,3-dichlorobenzidine 3,3-dichlorobenzidine Dimethylaminoazoben- zene Dimethylaminoazoben- zene ethyleneimine ethyleneimine alpha-naphthylamine alpha-naphthylamine beta-naphthylamine beta-naphthylamine 4-nitrobiphenyl 4-nitrobiphenyl N-nitrosodimethylamine N-nitrosodimethylamine beta-propiolactone beta-propiolactone vinyl chloride vinyl chloride

155 February 13, Experience or Testing 22 CCR § (a)(8) Experience or Testing 22 CCR § (a)(8) Wastes shown through experience or testing to pose a hazard Wastes shown through experience or testing to pose a hazard The criteria were not expected to capture all possible wastes that could be hazardous The criteria were not expected to capture all possible wastes that could be hazardous Use Best Professional Judgment Use Best Professional Judgment Now really only DTSC applied. Now really only DTSC applied.

156 February 13, Experience or Testing 22 CCR § (a)(8) Experience or Testing 22 CCR § (a)(8) DTSC is required to modify Chapter 11 if a waste is identified as hazardous using this sectionand has statewide application (§ HSC) DTSC is required to modify Chapter 11 if a waste is identified as hazardous using this sectionand has statewide application (§ HSC) Examples: ethylene glycol (spent antifreeze) Examples: ethylene glycol (spent antifreeze) Ethylene glycol hazardous per (a)(8) is not in title 22 Ethylene glycol hazardous per (a)(8) is not in title 22

157 February 13, Mixture Rule - Characteristic Wastes 22 CCR § (b)(4) Wastes mixed with either a RCRA or a nonRCRA characteristic hazardous waste are hazardous waste only if the resulting mixture still exhibits a hazardous characteristic Wastes mixed with either a RCRA or a nonRCRA characteristic hazardous waste are hazardous waste only if the resulting mixture still exhibits a hazardous characteristic Intentional mixture to avoid regulation is treatment, and requires authorization Intentional mixture to avoid regulation is treatment, and requires authorization

158 February 13, Derived From Rule - Characteristic Wastes 22 CCR § (c) Wastes derived from the treatment, storage or disposal of either a RCRA or a nonRCRA characteristic hazardous waste are hazardous waste only if the resulting waste still exhibits a hazardous characteristic Wastes derived from the treatment, storage or disposal of either a RCRA or a nonRCRA characteristic hazardous waste are hazardous waste only if the resulting waste still exhibits a hazardous characteristic

159 February 13, Skipped a step

160 February 13, What if a waste is not on one of the lists? If a waste is not listed, the next step is to determine if the waste exhibits one of the characteristics of hazardous waste If a waste is not listed, the next step is to determine if the waste exhibits one of the characteristics of hazardous waste

161 February 13, Hazardous Waste Determination Procedure Is the material a waste? Is the material a waste? –Is the material excluded or exempted? Is the waste excluded or exempted? Is the waste excluded or exempted? Is the waste listed in Article 4 or 4.1? Is the waste listed in Article 4 or 4.1? Is the waste listed in Appendix X? Is the waste listed in Appendix X? Does the waste exhibit a characteristic of hazardous waste? Does the waste exhibit a characteristic of hazardous waste?

162 February 13, What is Appendix X? – A tool for generators

163 February 13, Appendix X List of 791 chemicals List of 791 chemicals List of 66 common names or types of hazardous wastes List of 66 common names or types of hazardous wastes Characteristic of concern noted (X,C,I,R) Characteristic of concern noted (X,C,I,R)

164 February 13, Appendix X List creates a “presumption” List creates a “presumption” Wastes listed in Appendix X or containing a listed chemical are presumed hazardous by characteristic Wastes listed in Appendix X or containing a listed chemical are presumed hazardous by characteristic Can be classified as nonhazardous using testing or knowledge, as with other wastes Can be classified as nonhazardous using testing or knowledge, as with other wastes

165 February 13, And another thing …. ….

166 February 13, Used Oil A waste can be hazardous by being “used oil,” or A waste can be hazardous by being “used oil,” or By being contaminated with or containing used oil. By being contaminated with or containing used oil. Its not in the HW regulations! Its not in the HW regulations! Does not have to exhibit a characteristic. Does not have to exhibit a characteristic.

167 February 13, The Procedure Should Be: Is the material a waste? Is the material a waste? –Is the material excluded or exempted? Is the waste excluded or exempted? Is the waste excluded or exempted? Is the waste listed in Article 4 or 4.1? Is the waste listed in Article 4 or 4.1? Does the waste exhibit a characteristic of hazardous waste? Does the waste exhibit a characteristic of hazardous waste? - Is the waste listed in Appendix X? Is the waste “Used Oil” or Is the waste “Used Oil” or a material that contains “Used Oil”? a material that contains “Used Oil”?

168 February 13, Part 5: Hazardous Waste Categories 22 CCR Article 5 Break?

169 February 13, Categories of Hazardous Wastes 22 CCR Article 5 RCRA Hazardous Wastes RCRA Hazardous Wastes NonRCRA Hazardous Wastes NonRCRA Hazardous Wastes –Acutely Hazardous Wastes –Extremely Hazardous Wastes –Special Wastes Universal Wastes Universal Wastes Others Others

170 February 13, Who cares about which category my waste fits into?

171 February 13, Proper Classification (categorization) of Hazardous Wastes is Necessary for: Land disposal restrictions/treatment standards Land disposal restrictions/treatment standards Fees Fees –Generator, Disposal Hazardous waste management requirements Hazardous waste management requirements –Universal Waste managment DTSC discretionary authority DTSC discretionary authority –Variances, tiered permitting

172 February 13, RCRA Hazardous Wastes 22 CCR § Not excluded from RCRA regulation Not excluded from RCRA regulation Listed (F,K,P,U lists) Listed (F,K,P,U lists) Ignitable Ignitable Corrosive liquid Corrosive liquid Reactive Reactive Toxic (using TCLP) Toxic (using TCLP) Hazardous Wastes are presumed to be RCRA HWs unless determined otherwise Hazardous Wastes are presumed to be RCRA HWs unless determined otherwise

173 February 13, NonRCRA Hazardous Wastes 22 CCR § Listed (M listed) Listed (M listed) Corrosive solid Corrosive solid Toxic for anything except for federal toxicity [22 CCR § (a)(1)] Toxic for anything except for federal toxicity [22 CCR § (a)(1)] Excluded under 40 CFR Excluded under 40 CFR Container residues that are “RCRA- empty” Container residues that are “RCRA- empty”

174 February 13, Acutely and Extremely Hazardous Wastes Hazardous wastes that, if exposure were to occur, may likely result in death, disabling personal injury, or serious illness Hazardous wastes that, if exposure were to occur, may likely result in death, disabling personal injury, or serious illness Not only hazardous, but, are even more hazardous than ordinary hazardous wastes Not only hazardous, but, are even more hazardous than ordinary hazardous wastes

175 February 13, Acutely and Extremely Hazardous Wastes Acutely (Federal) Acutely (Federal) –“P” listed Extremely (State) Extremely (State) –Criteria-based –Appendix X (asterisks)

176 February 13, Extremely Hazardous Waste Criteria 22 CCR § & § Acute toxicity Acute toxicity Carcinogenicity Carcinogenicity Experience or testing Experience or testing Water Reactivity Water Reactivity Persistent and bioaccumulative toxic subtances Persistent and bioaccumulative toxic subtances

177 February 13, Extremely Hazardous Waste Criteria 22 CCR § Acute Oral Toxicity Acute Oral Toxicity –22 CCR § (a)(1) –Extremely hazardous if LD 50  50 mg/kg Acute Dermal Toxicity Acute Dermal Toxicity –22 CCR § (a)(2) –Extremely hazardous if LD 50  43 mg/kg

178 February 13, Extremely Hazardous Waste Criteria 22 CCR § Acute Inhalation Toxicity Acute Inhalation Toxicity –22 CCR § (a)(3) –Extremely hazardous if LC 50  100 ppm Carcinogenicity Carcinogenicity –22 CCR § (a)(4) –Same list of carcinogens –single or combined concentration equal to or exceeding 0.1 percent (1000 ppm)

179 February 13, Extremely Hazardous Waste Criteria 22 CCR § Experience or Testing Experience or Testing –22 CCR § (a)(5) –Like hazardous waste criteria, wastes shown through experience or testing to pose an extreme hazard

180 February 13, Extremely Hazardous Waste Criteria 22 CCR § Water Reactive Water Reactive –22 CCR § (a)(6) –Like hazardous waste, narrative criteria –“When contacted by water, reacts violently, generating extreme heat, burning, exploding, or rapid reaction” Calculated Acute Toxicity Calculated Acute Toxicity –22 CCR § (b) –Same equation as for hazardous waste

181 February 13, Extremely Hazardous Waste Criteria 22 CCR § Persistent and Bioaccumulative Toxic Substances Persistent and Bioaccumulative Toxic Substances –Total concentrations only –List and TTLCs differ from hazardous waste TTLCs

182 February 13, Extremely Hazardous Persistent and Bioaccumulative Toxic Substances Aldrin Aldrin Arsenic Arsenic Beryllium Beryllium Cadmium Cadmium Chlordane Chlordane 2,4-D 2,4-D Dieldrin Dieldrin Dioxin (2,3,7,8- TCDD) Dioxin (2,3,7,8- TCDD) Endrin Endrin Heptachlor Heptachlor Kepone Kepone Organic lead Organic lead Lindane Lindane Mercury Mercury Mirex Mirex PCBs PCBs Selenium Selenium Thallium Thallium Toxaphene Toxaphene 2,4,5- Trichlorophenoxy -propionic acid 2,4,5- Trichlorophenoxy -propionic acid

183 February 13, Special Waste 22 CCR § Subset of nonRCRA hazardous wastes Subset of nonRCRA hazardous wastes Typically used for large-volume wastes Typically used for large-volume wastes NOT self implementing - a generator must apply to DTSC to receive special waste classification NOT self implementing - a generator must apply to DTSC to receive special waste classification Eligible to be managed according to less stringent standards (not automatic) Eligible to be managed according to less stringent standards (not automatic)

184 February 13, Special Waste Criteria 22 CCR § Can be hazardous for only inorganic constituents Can be hazardous for only inorganic constituents Constituent concentrations may exceed their respective STLCs or TTLCs Constituent concentrations may exceed their respective STLCs or TTLCs WET-soluble concentration (when expressed in mg/kg) cannot exceed its TTLC value WET-soluble concentration (when expressed in mg/kg) cannot exceed its TTLC value

185 February 13, Special Waste Management 22 CCR § Waste can go into Class III landfill Waste can go into Class III landfill Landfill must have WDRs for special waste Landfill must have WDRs for special waste Landfill operator must have a variance from DTSC Landfill operator must have a variance from DTSC

186 February 13, “Other Category” Universal Waste Universal Waste –Not in Article 5 –Reduced regulation to encourage proper management –Reverts back to HW at the “destination facility”  Scrap metal (skip?)

187 February 13, Hazardous Waste Determination Basics Part 6: Miscellaneous Information

188 February 13, Waste Classification Options Self-classify, and manage accordingly [§ (c)] Self-classify, and manage accordingly [§ (c)] DTSC concurrence [§ (d)] DTSC concurrence [§ (d)] DTSC reclassification [§ (f)] DTSC reclassification [§ (f)] DTSC special waste (§ ) DTSC special waste (§ ) All DTSC determinations are subject to fee for service All DTSC determinations are subject to fee for service

189 February 13, Who determines whether a waste is a hazardous waste? Generator’s responsibility to make determination Generator’s responsibility to make determination 22 CCR § (c) 22 CCR § (c)

190 February 13, Hazardous Waste Determination 22 CCR § How? How? The information a waste generator may use to classify their waste falls into two categories: The information a waste generator may use to classify their waste falls into two categories: –Generator knowledge of materials and processes used –Analytical testing data

191 February 13, Knowledge: any information that a generator finds that helps them to understand or anticipate their waste’s characteristics or properties.

192 February 13, Information = Knowledge A generator may use anything known about the physical properties and characteristics of the waste in lieu of testing the waste. A generator may use anything known about the physical properties and characteristics of the waste in lieu of testing the waste.

193 February 13, Information about the waste generation activity Information about the chemicals or ingredients in the process Information about the chemicals or ingredients in the process Information about the quantities and concentrations of chemicals in the process Information about the quantities and concentrations of chemicals in the process

194 February 13, Analytical results from similar wastes Industry studies Industry studies Internet/web searches Internet/web searches Multiple Business Locations Multiple Business Locations Hotline Information Hotline Information Material Safety Data Sheets Material Safety Data Sheets

195 February 13, Toxicity Data Information from chemical manufacturers Information from chemical manufacturers On-line sources On-line sources TOXNET (http://toxnet.nlm.nih.gov/) TOXNET (http://toxnet.nlm.nih.gov/)

196 February 13, Can I classify my waste based entirely on knowledge? Yes

197 February 13, Use of “generator knowledge” Address or rule out as many criteria as possible using "knowledge." Address or rule out as many criteria as possible using "knowledge." Analytical testing for any criteria for which information is not available. Analytical testing for any criteria for which information is not available.

198 February 13, Analytical Testing What characteristics are expected (or cannot be ruled out through knowledge)? What characteristics are expected (or cannot be ruled out through knowledge)? What tests correspond to the hazardous waste criteria? What tests correspond to the hazardous waste criteria? Sampling Sampling

199 February 13, To run a test, you’ll first need to take a sample of the waste

200 February 13, Sampling Considerations for sampling Considerations for sampling Purpose of sampling Purpose of sampling –Generator classification –Compliance verification/enforcement –Site investigation/characterization

201 February 13, Sampling 22 CCR § (c) “Sampling and sample management of wastes and other materials for analysis and testing pursuant to this article shall be in accord with... chapter nine of "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," SW ‑ 846, Third Edition...” “Sampling and sample management of wastes and other materials for analysis and testing pursuant to this article shall be in accord with... chapter nine of "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," SW ‑ 846, Third Edition...”

202 February 13, Number of Samples For formal petitions to DTSC, minimum of four samples required For formal petitions to DTSC, minimum of four samples required Will always be a function of variability of waste and use of the data Will always be a function of variability of waste and use of the data

203 February 13, A sample result above a threshold Not Automatically Hazardous Waste Not Automatically Hazardous Waste –Depends –Statistically, you can expect some individual results to exceed the threshold –Take a closer look

204 February 13, A sample result below a threshold Not Automatically Nonhazardous Waste Not Automatically Nonhazardous Waste –Depends –Statistically, for hazardous wastes you can expect some individual results to be below the threshold –Don’t discount outright

205 February 13, Part 7: SW-846 “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods” EPA Publication SW-846 [Third Edition, November 1986) Updates I, II, IIA, IIB, III and IIIA

206 February 13, SW-846 Contains sampling and analysis methods related to hazardous waste regulations Contains sampling and analysis methods related to hazardous waste regulations –Sample collection and sampling data considerations –Analytical methods for: organic constituents organic constituents inorganic constituents inorganic constituents physical properties of wastes physical properties of wastes waste characteristics waste characteristics

207 February 13, SW-846: Chapter Nine Sampling Plans Sampling Plans –Design –Development –Implementation

208 February 13, Basic Premise Data from the testing of a sample is only as meaningful as the purpose for which the sample was collected Data from the testing of a sample is only as meaningful as the purpose for which the sample was collected Data is meaningless if you don’t know what it represents Data is meaningless if you don’t know what it represents

209 February 13, “Plan” for sampling Know exactly what sample you need, why you’re taking it, and how to take it before you take the sample Know exactly what sample you need, why you’re taking it, and how to take it before you take the sample

210 February 13, Sampling Plan Design and Development The level of detail and effort in planning for sampling is proportional to the importance of the use of the data The level of detail and effort in planning for sampling is proportional to the importance of the use of the data generators vs. inspectors generators vs. inspectors

211 February 13, Regulatory and Scientific Objectives Data to determine what, if anything, is present (unknowns) Data to determine what, if anything, is present (unknowns) Data to confirm the presence (or absence) of contaminants Data to confirm the presence (or absence) of contaminants Data to compare to criteria thresholds Data to compare to criteria thresholds

212 February 13, Comparison to thresholds For a generator to use their data to draw accurate conclusions about their waste, the data must “represent” the waste For a generator to use their data to draw accurate conclusions about their waste, the data must “represent” the waste Representative data comes from representative samples Representative data comes from representative samples

213 February 13, Representative Sample Sample that can be expected to exhibit the average properties of the whole waste Sample that can be expected to exhibit the average properties of the whole waste Not biased in any way Not biased in any way

214 February 13, Fundamental Statistical Concepts Need to predict the characteristics of the whole using data of a few samples Need to predict the characteristics of the whole using data of a few samples –Accuracy –Precision

215 February 13, Sampling accuracy How close the data from your sample(s) is to the true average properties of the waste How close the data from your sample(s) is to the true average properties of the waste Better accuracy through random selection of a sample Better accuracy through random selection of a sample

216 February 13, Sampling precision The variability between results of sets of samples The variability between results of sets of samples Better precision by taking more samples, and by taking larger samples Better precision by taking more samples, and by taking larger samples

217 February 13, Balance Accuracy/precision vs. Cost of sampling and analyses Accuracy/precision vs. Cost of sampling and analyses The closer to the regulatory threshold, more accuracy and precision needed The closer to the regulatory threshold, more accuracy and precision needed

218 February 13, Accuracy and precision measurements Mean (average) Mean (average) Standard deviation Standard deviation Confidence interval Confidence interval

219 February 13, Mean Average Average Add up all values, divide by the number of values Add up all values, divide by the number of values

220 February 13, Standard deviation A measurement of the distance between the sample mean and the true mean A measurement of the distance between the sample mean and the true mean

221 February 13, Confidence Interval The range where you would expect to find the true mean The range where you would expect to find the true mean

222 February 13, Confidence Interval For regulatory purposes, the probability is specified as 80% (90% one-tail) For regulatory purposes, the probability is specified as 80% (90% one-tail) Unless demonstrated otherwise, assume “normal” distribution Unless demonstrated otherwise, assume “normal” distribution

223 February 13, Confidence Interval The true mean has a 90% chance of being at or below the upper confidence limit The true mean has a 90% chance of being at or below the upper confidence limit Only a 10% chance of being above it (only a 10% chance of being wrong) Only a 10% chance of being above it (only a 10% chance of being wrong)

224 February 13, Confidence Interval If the upper confidence limit is at or above the threshold, the waste is hazardous If the upper confidence limit is at or above the threshold, the waste is hazardous

225 February 13, Basic Sampling Strategies ProbabilityversusAuthoritative

226 February 13, Probability Sampling Simple Random Sampling Simple Random Sampling Stratified Random Sampling Stratified Random Sampling Systematic Random Sampling Systematic Random Sampling

227 February 13, Authoritative Sampling Sample point selected by sampler Sample point selected by sampler For classification purposes, validity of the data depends on knowledge of sampler For classification purposes, validity of the data depends on knowledge of sampler For classification, may raise more questions than it answers For classification, may raise more questions than it answers

228 February 13, Probability vs. Authoritative Depends on how much you already know about the waste Depends on how much you already know about the waste Depends on how you want to use the data Depends on how you want to use the data

229 February 13, Simple Random Sampling Best approach if little or nothing is known about the waste Best approach if little or nothing is known about the waste All parts of the waste have an equal chance of being selected All parts of the waste have an equal chance of being selected Avoids bias (conscious or unconscious) Avoids bias (conscious or unconscious)

230 February 13, Stratified Random Sampling Necessary if there is some sort of regularly occurring or predictable strata in the waste Necessary if there is some sort of regularly occurring or predictable strata in the waste e.g. phase liquids (oil & water) or liquid with sludges e.g. phase liquids (oil & water) or liquid with sludges

231 February 13, Systematic Random Sampling Sampling points are based on one randomly selected point Sampling points are based on one randomly selected point e.g., timed intervals of a process stream e.g., timed intervals of a process stream

232 February 13, Additional Considerations Waste Form Waste Form –Solid or Liquid (or both) Waste Accessibility Waste Accessibility –Piles –Containers, Tanks –Impoundments –Process stream

233 February 13, Composite Sampling Lose information about individual samples Lose information about individual samples –May not be able to detect unknown waste variations Analytical results are a pre-calculated “average” Analytical results are a pre-calculated “average” Additional statistical analysis cannot be performed Additional statistical analysis cannot be performed

234 February 13, Other sampling plan factors Sampling equipment Sampling equipment Sample containers Sample containers Sample preservation Sample preservation Chain-of-Custody Chain-of-Custody Health and Safety Health and Safety

235 February 13, The End? Charles Corcoran Charles Corcoran


Download ppt "February 13, 20071 Hazardous Waste Identification Charles Corcoran Waste Identification and Recycling Section Waste Identification and Recycling Section."

Similar presentations


Ads by Google