Hazardous Materials According to the US DOT, a hazardous material is defined as "...a substance or material, which has been determined by the Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and which has been so designated".
Hazardous Materials USDOT Regulates the shipping of hazardous materials by: Ship (US Flag vessels and any Foreign Flag vessels entering or departing a US port) Cargo and Passenger Aircraft entering or departing the US regardless of ownership Trains Trucks Even automobiles
Hazardous Materials The DOT regs. may be found at 49CFR 172. Including in the regulations are: Container/package labeling requirements Manifest requirements, legal shipping names Reportable quantities in the event of a spill Container/package specifications Stowage incompatibilities
Regulators of Hazardous Materials Local fire department Wastewater treatment plant County CUPAs – certified unified program agencies (to coordinate local fire, water, county) OSHA DOT Homeland Security (USCG)
Federal Statutes Rule Making Procedure – Administrative Procedure Act – Rules v. Policy Documents
RESOURCE CONSERVATION AND RECOVERY ACT ("RCRA") (42 U.S.C. §6901, et seq.) A statute dealing with solid waste was first passed in 1965, as Title III of the amendments to the Clean Air Act. The present form of RCRA was enacted as the Resource Conservation and Recovery Act of 1976.
Policy Behind RCRA Goals of RCRA: 1.Protect health and the environment. 2.Regulate the generation, treatment, storage, and disposal of hazardous waste. 3.Reduce environmental pollution from waste disposal. 4.Encourage recycling and reuse of hazardous waste. 5.Liminate certain land disposal practices. 6. Reduce or eliminate the generation of hazardous waste.
Structure of RCRA RCRA is a multi-part statute with implementing regulations that deal with the “cradle to grave” identification, regulation and tracking of wastes. In particular we are concerned with the: classification of wastes, including when a material becomes a “waste”; generation of hazardous waste, and its handling by the generator; the transport of hazardous waste; the treatment, storage and disposal of hazardous waste;
Structure of RCRA cont. the inspection and monitoring requirements regarding hazardous wastes; the RCRA enforcement process and penalties; citizen suits; and state pre-emption.
Basic Terms Hazardous Materials is a term defined by laws administered by the United States Department of Transportation (DOT), and is found at 49 CFR 172.101 Hazardous Substances is a term defined by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) administered by the United States Environmental Protection Agency, and is found at 40 CFR 302.4 Hazardous Wastes is a term defined by the Resource Conservation and Recovery Act (RCRA) administered by the United States Environmental Protection Agency and is found at. 40 CFR Part 261
USE OF TERMS A hazardous waste is not a hazardous material or a hazardous substance. A "hazardous material" is a shipping term and a hazard communication term. "Hazardous substance" is a Superfund term. Neither of these terms are to be confused with the term "hazardous waste". A hazardous waste is by legal definition both a hazardous material and a hazardous substance, but the reverse is not true.
Definition of Solid Waste The Term “Solid Waste” is a two word term. So we must first determine if we have a “solid”. The term “solid” is defined at 42 U.S.C. §6903 (27). “Solid” is defined as part of the term “Solid Waste” and means “solid, liquid, semisolid, or contained gaseous material”. 42 U.S.C. §6903 (27) A very broad definition.
Definition of Solid Waste cont. A “solid waste” is any "discarded" material that is not excluded by 40 CFR 261.4 or not excluded by variance granted under 40 CFR 261.30 and 40 CFR 261.31. But does not include “in-process secondary material.”
Definition of Solid Waste cont. Solid Waste is any discarded material which is: – abandoned by being disposed of or burned; or – recycled by being placed on the land in a manner constituting disposal, used to produce a fuel or contained in fuels, reclaimed or accumulated speculatively
Definition of Solid Waste cont. February 2011 EPA modified its rule regarding the Identification of Non-Hazardous Secondary Materials That Are Solid Wastes Under the RCRA rule, traditional fuels, including historically managed traditional fuels (e.g. coal, oil, natural gas) and “alternative” traditional fuels (e.g. clean cellulosic biomass) are not secondary materials and thus are not solid wastes. The EPA is clarifying this rule.
Identification of Non-Hazardous Secondary Materials That Are Solid Wastes In general, non-hazardous secondary materials burned in combustion units are identified as solid wastes unless: The material is used as a fuel and remains within the control of the generator (whether at the site of generation or another site the generator has control over); The following materials have not been discarded in the first instance (by the generator or outside the control of the generator): scrap tires removed from vehicles and managed under an established tire collection program and wood treatment residuals
Identification of Non-Hazardous Secondary Materials That Are Solid Wastes cont. The material is used as an ingredient in a manufacturing process (whether by the generator or outside the control of the generator); The material has been sufficiently processed to produce a fuel or ingredient; or Through a case-by-case petition process, it has been determined that material handled outside the control of the generator has not been discarded and is indistinguishable in all relevant aspects from a fuel product
Solid Waste Regulated recycling – Manner constituting disposal – Burning for energy recovery – Reclamation – Speculative accumulation
Solid Waste Unregulated recycling – Use or reuse as ingredients in an industrial process (provided no reclamation) – Use as an effective substitute for a commercial chemical product (unless burned or applied to land)
Solid Waste Unregulated recycling (cont.) – Return to the original process from which generated (provided no reclamation)
Hazardous Waste Determination A person who generates a solid waste, as defined in 40 C.F.R. §261.2, must determine if that waste is a hazardous waste using the following method: (a) First determine if the waste is excluded from regulation under 40 C.F.R. 261.4. (b) Then determine if the waste is listed as a hazardous waste in subpart D of 40 C.F.R. part 261.
Solid Wastes that are not Hazardous Wastes 40 CFR §261.4(b)(1) Household Hazardous Waste 40 CFR §261.4(b)(2) Agricultural Waste 40 CFR §261.4(b)(3) Mining Overburden 40 CFR §261.4(b)(4) Fossil Fuel Combustion Waste 40 CFR §261.4(b)(5) Oil, Gas, and Geothermal Wastes 40 CFR §261.4(b)(6) Trivalent Chromium Wastes 40 CFR §261.4(b)(7) Mining and Mineral Processing Wastes 40 CFR §261.4(b)(8) Cement Kiln Dust
Solid Wastes that are not Hazardous Wastes cont. 40 CFR §261.4(b)(9) Arsenically Treated Wood 40 CFR §261.4(b)(10) Petroleum Contaminated Media & Debris from Underground Storage Tanks 40 CFR §261.4(b)(11) Injected Groundwater 40 CFR §261.4(b)(12) Spent Chloroflurocarbon Refrigerants 40 CFR §261.4(b)(13) Used Oil Filters 40 CFR §261.4(b)(14) Used Oil Distillation Bottoms 40 CFR §261.4(b)(15) Landfill Leachate or Gas Condensate Derived from Certain Listed Wastes 40 CFR §261.4(b)(17) §261.4(b)(18) Project XL Pilot Project Exclusions
Empty Container Rule A container is considered empty if: All wastes have been removed using practices commonly employed industry-wide methods to remove the wastes, such as pouring, pumping, aspirating, and draining 40 C.F.R. §261.7(b)(1)(i): AND No more than 2.5 cm (one inch) remains in the container; 40 C.F.R §261.7(b)(1)(ii) OR No more than 3% by weight of the total capacity of the container is less than 119 gallons; OR No more than 0.3% by weight if the container is greater than 119 gallons; 40 C.F.R. §261.7(b)(1)(iii)
Empty Container Rule Acutely hazardous waste container: A container or an inner liner removed from a container that has held an Acute hazardous waste listed in §§261.31 or 261.33(e) is empty if: (i)The container or inner liner has been triple rinsed using a solvent capable of removing the commercial chemical product; (ii) The container or inner liner has been cleaned by another method that has been shown in the scientific literature, or by tests conducted by the generator, to achieve equivalent removal; or (iii) In the case of a container, the inner liner that prevented contact of the commercial chemical product or manufacturing chemical intermediate with the container, has been removed.
Household Hazardous Waste Household waste is not hazardous waste This regulation is found at 40 C.F.R. §261.4(b)(1). Household waste” means any material (including garbage, trash and sanitary wastes in septic tanks) derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day-use recreation areas).
Hazardous Waste Determination The generator must determine whether the waste is identified In subpart C of 40 C.F.R. part 261 by either: (1) Testing the waste according to the methods set forth in subpart C of 40 C.F.R. part 261, or according an equivalent method approved by the Administrator under 40 C.F.R §260.21; OR (2) Applying knowledge of the hazard characteristic of the waste in light of the materials or the processes used.
WARNING!! Your non-Hazardous Waste determination could be challenged and you could be prosecuted for illegal disposal if it turns out to be a hazardous waste. Suggestion: If you are not sure, the best management practice is to test your waste because it is an independent, objective, documented analysis
Hazardous Waste Determination Generally, a waste is considered hazardous under RCRA if it is a "listed waste" or a "characteristic" waste. Pursuant to RCRA, EPA has "listed" certain spent chemicals and process wastes under 40 CFR 261 as hazardous.
Listed Hazardous Waste Listed hazardous wastes include: Certain manufacturing wastes from common industrial processes [40 CFR §261.31(a)] [Called "F" type wastes]. Certain specific waste streams [40 CFR §261.32] [Called "K" type wastes]; and Certain specific chemicals or mixtures [40 CFR §261.33] [Called "P" and "U" type wastes].
"F" type wastes Non-specific source wastes (40 CFR §261.31) Spent solvent wastes (F001 through F005), (ii) Electroplating and other metal finishing wastes F006 through F012 and F019), (iii) Dioxin-bearing wastes (F020 through F023 and F026 through F028), (iv) Chlorinated aliphatic hydrocarbons production wastes (F024 and F025), (v) Wood preserving wastes (F032, F034, and F035), (vi) Petroleum refinery wastewater treatment sludges (F037 and F038), (vii) Multisource leachate (F039).
"K" type wastes Source-Specific Wastes: This list includes certain wastes from specific industries, such as petroleum refining or pesticide manufacturing. Certain sludges and wastewaters from treatment and production processes in these industries are examples of source-specific wastes. This list is found at 40 CFR § 261.32 and includes: Wood preservation sludges; Inorganic pigments; Organic Chemicals; Inorganic chemicals; Pesticides; Explosives; Petroleum refining; Iron and steel; Primary aluminum; Secondary lead; Veterinary pharmaceuticals; Ink formulation; Coking; Dyes and/or pigments
"P" and "U" type wastes Discarded commercial chemical products, off-specification species, container residues, and spill residues thereof. This list is found at 40 CFR§ 261.33 P-List and U-List wastes are actually sublists of the same major list applying to discarded wastes. These wastes apply to commercial chemical products that are considered hazardous when discarded. P-List wastes are wastes that are considered "acutely hazardous" when discarded and are subject to more stringent regulation. U-Listed wastes are considered "hazardous" when discarded and are regulated in a somewhat less stringent manner than P-Listed wastes.
Characteristic Hazardous Waste If a solid waste is not listed but has certain characteristics, additional analysis is needed to be performed to determine whether it is a hazardous waste. Solid waste will be classified as hazardous waste if it meets any one of the following criteria: 1. Ignitability 2. Corrosivity 3. Reactivity 4. Toxicity Characteristic Leaching Procedure (TCLP)
Ignitability Ignitability [Called D001 waste] The ignitability test is found at 40 CFR §261.21. (1)140º F or 60° C flash point for liquids. (2) Under STP causes fire through friction, absorption of moisture or spontaneous chemical changes for non- liquids if, when ignited burns so vigorously and persistently that it creates a hazardous. (3) Oxidation occurs as defined in 49 CFR §173.151.
Corrosivity Corrosivity [Called D002 wastes] The corrosivity test is found at 40 CFR §261.22. (1)Aqueous with a ph > 12.5 or ph < 2.0. (2) Liquid which corrodes steel at greater than a standard rate.
Reactivity Reactivity [Called D003 wastes] The reactivity test is found at 40 CFR §261.23. (1)Normally unstable and undergoes violent changes. (2) Reacts violently with water. (3) Potentially explosive with water. (4) Cyanide or sulfide bearing substance, which, when added to water with a Ph between 2 and 12.5, can generate toxic gases.
Toxicity Characteristic Leaching Procedure A material which meets or exceeds the Toxicity Characteristic Leaching Procedure (TCLP) quantities. [Called D004-D043 wastes] The TCLP list of 40 contaminants is found at 40 CFR §261.24. The TCLP test is an extraction procedure which causes soluble concentrations of specific materials to leach out of the material. If a specified concentration of material leaches out of the solid waste, it is classified as a hazardous waste.
“Mixture” and “Derived From” Rules An issue of concern for many generators is the “mixture” and “derived from” rules. These rules state that solid wastes are hazardous REGARDLESS OF CONCENTRATION, IF: the solid waste is mixed with one or more listed hazardous wastes (the “mixture” rule) [40 CFR 261.3(a)(2)(iv)] OR is generated from the treatment, storage or disposal of a listed hazardous waste (the “derived from” rule) [40 CFR 261.3(c)(2)(i)] The few exemptions to these rules are found at 40 CFR § 261.3.
Hazardous Waste Listed hazardous wastes – Hazardous wastes from non-specific sources – Hazardous wastes from specific sources – Discarded commercial chemical products, etc.
What is Universal Waste Wastes that are : Generated by a large community whose size makes implementation of an effective hazardous waste program difficult for regulatory agencies; Generated in relatively small quantities in a wide variety of settings other than industrial settings; Present in significant volumes in non-hazardous waste management systems; and Managed under the Universal Waste Rule is more likely to divert these wastes from the municipal solid waste stream than management under the full hazardous waste management requirements
Examples of Universal Wastes Batteries Mercury Thermostats Fluorescent Lamps Cathode Ray Tubes(CRT) Consumer Electronic Devices Aerosol Cans Mercury- Containing Motor Vehicle Light Switches Dental Amalgam Wastes Mercury-containing Gauges Mercury-added Novelties Counterweights And Dampers Mercury Thermometers Mercury-containing Medical Devices Mercury-containing Rubber Flooring Mercury Gas Flow Regulators
SW-846 The EPA publication SW-846, entitled Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, is Waste's official compendium of analytical and sampling methods that have been evaluated and approved for use in determining if you have a characteristic hazardous waste
SW-846 In SW-846 USEPA has placed a disclaimer stating: “Except where explicitly specified in a regulation, the use of SW-846 methods is not mandatory in response to Federal testing requirements.” But don’t you believe that since everyone uses SW-846
SW-846 To date, EPA has finalized Updates I, II, IIA, IIB, III, IIIA, IIIB, IVA and IVB to the SW- 846 manual, and the updated and fully integrated manual contains approximately 3500 pages. You can find SW-846 at: http://www.epa.gov/waste/hazard/testmetho ds/sw846/index.htm http://www.epa.gov/waste/hazard/testmetho ds/sw846/index.htm
SW-846 The primary objectives of a sampling plan for a solid waste are twofold: namely, to collect samples that will allow measurements of the chemical properties of the waste that are both accurate and precise. If the chemical measurements are sufficiently accurate and precise, they will be considered reliable estimates of the chemical properties of the waste. SW-846 Chapter 9-5
INFORMATION NECESSARY FOR CHOOSING THE CORRECT PROCEDURE The physical state of the sample - The analytes of interest - The sensitivity or quantitation limits needed - The analytical objective - Whether the purpose is quantitation or monitoring - What sample containers and preservation will be used and what holding times may apply SW-846 Chapter 2-4
Sampling Plan Considerations The sampling plan should include the following personnel: An end-user of the data; An experienced member of the field team who will actually collect samples; An analytical chemist; A statistician; A quality assurance representative. SW-846 Chapter 9-28
SW-846 Sampling precision is most commonly achieved by taking an appropriate number of samples from the population. Accuracy is usually achieved by incorporating some form of randomness into the selection process for the samples that generate the chemical information. SW-846 Chapter 9-8
Four sampling strategies have been identified for sampling solid wastes. Simple random sampling (Chap.9-8) Stratified random sampling (Chap.9-8) Systematic random sampling (Chap 9-9) Authoritative sampling (Chap.9-10)
Composite Sampling In composite sampling, a number of random samples are initially collected from a waste and combined into a single sample, which is then analyzed for the chemical contaminants of concern. This decreases the likelihood that a contaminant will be judged to occur in the waste at a nonhazardous level. SW-846 Chapter 9-21
SW-846 Drum Sampling “Ideally, several samples should be taken from locations displaced both vertically and horizontally throughout the waste.” Chapter 9, page 73
SW-846 Field Blanks Field blanks: Collected at specified frequencies, which will vary according to the probability of contamination or cross- contamination. They consist of purified water, such as HPLC Grade or pesticide grade water (in the case of water samples) which is taken into the field and transferred from the water container to the individual sample containers in the field as a check on contamination in the atmosphere at the site. The purpose of the field blank is to verify that none of the analytes of interest measured in the field samples resulted from contamination of the samples during sampling.
SW-846 Travel Blanks Travel blanks (or trip blanks): Should accompany sample containers to and from the field. They consist of sample containers which are filled in the laboratory with purified water, taken into the field, and added to each cooler before it is transported to the lab. These travel blanks are especially important for volatile samples in which other samples containing high concentration of parameters of interest may leak in the cooler and contaminate other samples. Travel blanks are generally not used for other media such as soil.
Toxic Substances Toxic Substances Control Act (TSCA) The Toxic Substances Control Act of 1976 provides EPA with authority to require reporting, record-keeping and testing requirements, and restrictions relating to chemical substances and/or mixtures. Certain substances are generally excluded from TSCA, including, among others, food, drugs, cosmetics and pesticides. TSCA addresses the production, importation, use, and disposal of specific chemicals including polychlorinated biphenyls (PCBs), asbestos, radon and lead-based paint.polychlorinated biphenyls (PCBs)asbestoslead-based paint
TSCA Requirements Section 4 Requires testing of chemicals by manufacturers, importers, and processors where risks or exposures of concern are found Requires testing
TSCA Requirements Section 5 Requires pre-manufacture notification for "new chemical substances" before manufacture Requires pre-manufacture notification for "new chemical substances" Issue Significant New Use Rules (SNURs), when it identifies a "significant new use" that could result in exposures to, or releases of, a substance of concern.Significant New Use Rules (SNURs)
TSCA Requirements Section 8 Maintain the TSCA Inventory which contains more than 83,000 chemicals. As new chemicals are commercially manufactured or imported, they are placed on the list. Maintain the TSCA Inventory
TSCA Requirements Section 8 Require those importing or exporting chemicals, under Sections 12(b) and 13, to comply with certification reporting and/or other requirements.importing or exporting chemicals Require, under Section 8(e), that any person who manufactures (including imports), processes, or distributes in commerce a chemical substance or mixture and who obtains information which reasonably supports the conclusion that such substance or mixture presents a substantial risk of injury to health or the environment to immediately inform EPA, except where EPA has been adequately informed of such information. EPA screens all TSCA b§8(e) submissions as well as voluntary "For Your Information" (FYI) submissions. The latter are not required by law, but are submitted by industry and public interest groups for a variety of reasons.Section 8(e)"For Your Information" (FYI) submissions