Heritage University Hazardous Waste Regulatory Review Course Conducted by: Gary F. Lindgren, CHMM Heritage Environmental Services, LLC

Hazardous Waste Regulatory Program Overview

 Resource Conservation and Recovery Act (RCRA), As Amended  Waste Inventory/Hazardous Waste Determination/ Determination of Regulatory Status  Notification - EPA Identification Numbers for Generators, Transporters, and TSD Facilities Hazardous Waste Regulatory Program Overview

 Permits for Treatment, Storage, and Disposal (TSD) Facilities (Permits Not Required for 90 Day Accumulation in Containers/tanks)  Standards for Generators, Transporters, and TSD Facilities  Treatment Standards for Wastes Before Land Disposal, and Minimum Technology Requirements for Land Disposal Facilities Hazardous Waste Regulatory Program Overview

 Use of manifest for transportation  State regulatory programs - authorization  Inspections and enforcement  Requirements for clean-up and ultimate responsibility of generator for disposition and environmental impact of waste - "Cradle to Grave" Hazardous Waste Regulatory Program Overview

Basic Requirements of Hazardous Waste Generators

Basic Determinations  Identify Wastestreams  Hazardous Waste Determination  Determination of Regulatory Categories

Container Management Standards Containers Must Be...  In Good Condition  Compatible With the Waste  Labeled or Marked Clearly With the Words "Hazardous Waste"  Marked With the Accumulation Start Date

 Kept Closed  Managed to Avoid Damage and Releases  Incompatible Wastes Are Not to Be Placed in the Same Container.  Subpart CC Air Emissions Standards May Apply. Container Management Standards (cont’d)

 Ignitable/reactive Wastes Must Be 50 Ft. From the Property Line  "No Smoking" Signs Must Be Posted  Incompatible Wastes Are to Be Separated or Protected From Each Other  Emergency Equipment Is to Be Available  Adequate Aisle Space (2½ Feet) Is to Be Maintained Container Accumulation Area Standards

 Inspect Container Accumulation Areas Weekly  Inspect Emergency Equipment at Least Monthly  Shipments Are to Be Made Every 90 Days for Large Quantity Generators  Shipments Are to Be Made Every 180 Days for Small Quantity Generators Container Accumulation Area Standards (cont’d)

Compliance Documentation  Contingency Plan  Personnel Training Program & Records  Inspections  Manifests and LDR Forms  Biennial Reports  Waste Analyses/Determinations  Waste Minimization Program

EPA’s “New” Definition of Solid Waste (40 CFR 261.2)

 Disposed of or Abandoned in Lieu of Disposal  Burned, Incinerated or Recycled  “Inherently Waste-like” Any Material

“Materials Which Are Not Solid Wastes” (40 CFR 261.4(a))  Domestic Sewage Exclusion  Point Source (NPDES) Exclusion  Secondary Materials That Are Reclaimed and Returned to the Original Process(es) in Which They Were Generated Where They Are Reused in the Production Process Exclusions

“Solid Wastes Which Are Not Hazardous Wastes”(40 CFR 261.4(b))

Pertinent Exclusions  Household Wastes  Fossil Fuel Wastes, Except Provided by 40 CFR  Cement Kiln Dust, Except Provided by 40 CFR

 Petroleum-Contaminated Media and Debris (D018-D043 Only) From Regulated UST Releases  Non-terne plated used oil filters if gravity hot-drained Pertinent Exclusions (cont’d)

 Samples (40 CFR 261.4(d))  Treatability Study Samples (40 CFR 261.4(e)&(f))  CESQG Hazardous Wastes (40 CFR 261.5)  Specified Recyclable Materials (40 CFR 261.6) Pertinent Exclusions (cont’d)

 Residues In Empty Containers (40 CFR 261.7)  PCB Wastes Exhibiting the Toxicity Characteristic (D018-D043) Regulated Under TSCA (40 CFR 261.8)  Universal Wastes (40 CFR 261.9, Referencing 40 CFR Part 273) Pertinent Exclusions (cont’d)

 Product or Raw Material Storage Tank Residues; Residues in Product or Raw Material Transport Vehicles, Vessels or Pipelines; and Residues in Manufacturing Process Units While These Units Are in Service (40 CFR 261.4(c)) Pertinent Exclusions (cont’d)

Recycling Exemptions (40 CFR 261.2)

 Spent Materials  Sludges  Byproducts  Commercial Chemical Products  Scrap Metal Five Types of Materials

Four Types of Recycling Activities  Use Constituting Disposal  Burning Waste or Waste Fuels for Energy Recovery or Using Wastes to Produce a Fuel  Reclamation of Wastes  Speculative Accumulation

Only Combinations Not Considered Solid Waste  Reclamation of Sludges (non-listed)  Reclamation of Byproducts (non-listed)  Reclamation of Commercial Chemical Products  Speculative Accumulation of Commercial Products

Note  Recycling of Scrap Metal Is Excluded From Regulation at 40 CFR 261.6(a)(3)(ii).  Recycling of Characteristically Hazardous Used Oil in a Manner Other Than Blending or Burning Is Excluded From Regulation at 40 CFR 261.6(a)(4). Characteristically Hazardous Used Oil Reclaimed by Blending or Burning Is Regulated at 40 CFR Part 279.

Materials That Are Used/Reused (40 CFR 261.2(e)(1)) Materials are Not Solid Wastes Subject to Regulation When Use/Reuse Resembles Ordinary Production Operations or the Use of Commercial Materials.

 Direct Use/Reuse as Ingredient or Feedstock in Production Processes  Direct Use/Reuse as Effective Substitute for Commercial Product  Return to Original Production Process in Which They Were Generated Without First Being Reclaimed Product Use

Exceptions  Materials Used in a Manner Constituting Disposal, or Used to Produce Products that are Applied to the Land  Materials Burned for Energy Recovery, Used to Produce a Fuel or Contained in Fuels  Materials Accumulated Speculatively

 Inherently Waste-like Materials Listed at 261.2(d)(1) F020-F023, F026 and F028  No “Reclamation”, as Defined Exceptions (cont’d)

Solid Waste/Hazardous Waste Determinations (40 CFR 261.3)

Waste Material  Excluded From Definition of Solid Waste (40 CFR 261.4(a) or by Reuse or Recycling)

Solid Waste  Excluded from Definition of Hazardous Waste (40 CFR 261.4(b))

Hazardous Waste  Listed (40 CFR 261, Subpart D  Mixture of Solid Waste and Listed Hazardous Waste (40 CFR 261.3(a)(2)(iv))  Solid Waste Derived from T, S, or D of Listed Hazardous Waste (40 CFR 261.3(c)(2)(i))  Waste Exhibits any Characteristics of Hazardous Waste (40 CFR 261, Subpart C - either by testing or knowledge of waste)

Lists of Hazardous Wastes (40 CFR Part 261, Subpart D) F-list K-list P-list U-list

“F-List” “Hazardous Wastes from Non-Specific Sources” (40 CFR )

Generic Industrial Process Wastes  Spent Solvents (F001-F005) (Not Commercial Products or Manufacturing Process Wastes) - “Solvent Mixture Rule”  Electroplating Wastes (F006, F007, F008, F009)

 Metal Heat-Treating Wastes (F010, F011, F012)  WWT Sludges from Chemical Conversion Coating of Aluminum (F019)  Miscellaneous Generic Industrial Process Wastes (cont’d)

“K-List” “Hazardous Wastes from Specific Sources” (40 CFR )

Process Wastes from Specified Industries  Wood Preservation  Inorganic Pigments  Organic Chemicals  Inorganic Chemicals  Pesticides  Explosives

 Petroleum Refining  Iron & Steel  Primary Copper  Primary Lead  Primary Zinc  Primary Aluminum Process Wastes from Specified Industries (cont’d)

 Ferroalloys  Secondary Lead  Veterinary Pharmaceuticals  Ink Formulation  Coking Process Wastes from Specified Industries (cont’d)

Acute Hazardous (H) Wastes (40 CFR (e)) “P-List”

P-List Examples  Mostly Pesticides, Organic Chemicals, Cyanides, and Certain Heavy Metal Compounds  Listings Include Unrinsed Containers/Liners and Spill Residues  Lower Small-Quantity Generator Exclusion (1 Kilogram/100 Kilograms Spill Residue)

Toxic (T) Wastes (40 CFR (f)) “U-List”

U-List  Mostly Natural and Synthetic Organics  Listings Include Spill Residues

Note Commercial chemical product listings do not apply to spent materials or manufacturing process wastes containing listed chemicals. Listings apply to technical grade chemicals or formulations where the listed chemical is the sole active ingredient. The commercial chemical products listings apply if and when such chemicals are spilled, discarded or intended to be discarded. Listings should be consulted prior to disposal of virgin chemical spill residues, off-specification chemical products, manufacturing chemical intermediates, obsolete chemical inventory, excess or surplus inventory, or expired chemical products.

Characteristics of Hazardous Waste (40 CFR Part 261, Subpart C)

Ignitability (I) D001 (40 CFR )  Liquid, With Closed Cup Flashpoint <140  F  Nonliquid, Capable of Spontaneous and Sustained Combustion and When Ignited, Burns So Vigorously and Persistently As to Create a Hazard  DOT Oxidizers and Ignitable Compressed Gases

Corrosivity (C) D002 (40 CFR )  Aqueous, pH  2 or pH  12.5  Liquid, Corrodes SAE 1020 Steel > 1/4" Per Year at 130  F

Reactivity (R) D003 (40 CFR )  Unstable, Reacts Violently  Water ‑ reactive or Forms Potentially Explosive Mixtures With Water  Forms Toxic Gases, Vapors, or Fumes Endangering Health When Mixed With Water  Cyanide or Sulfide Containing Waste Which Can Generate Toxic Gases at pH Conditions Between 2 and 12.

 EPA Guidance: Reactive Cyanide (SW ): 250 mg HCN/kg Waste Reactive Sulfide (SW ): 500 mg H 2 S/kg Waste NOTE: Guidance retracted in 4/21/98 Internal memo, but not replaced with alternate test or numeral standards. Reactivity (R) D003

 Capable of Detonation or Explosive Reaction  DOT Explosive (Class A or B) Reactivity (R) D003

Toxicity (E) D004-D043 (40 CFR )  Toxicity Characteristic Leaching Procedure (TCLP) Extract of Waste Analyzed for Specified Heavy Metals and Toxic Organics. Zero Headspace Extraction (ZHE) Required for Volatile Organic Constituents.

 TCLP Extraction Developed to Simulate Effects of Waste Mismanagement Upon the Groundwater in a Municipal Landfill Co-disposal Scenario. Regulatory Thresholds Are Derived by Multiplying the Chronic Toxicity Level (Typically MCLs) by the Dilution Attenuation Factor (DAF). DAF Is Currently Set at 100. Toxicity (E) D004-D043

When Does a Solid Waste Become a Hazardous Waste?

 When It First Meets the Listing Description  For Mixtures, When Listed Hazardous Waste is First Added to Solid Waste (“Mixture Rule” - 40 CFR 261.3(a)(2)(iv))  When the Waste Exhibits Any of the Characteristics of Hazardous Waste Note: Point of Generation to be Used for Regulatory Purposes A Waste Becomes Hazardous When...

Residues from Treatment, Storage, or Disposal of Listed Hazardous Waste

Remain Hazardous Wastes Unless Delisted  Sludges  Treatment Residues  Spill Residues  Ash  Air Emission Control Sludge/Dust  Leachate (“Derived From” Rule - 40 CFR 261.3(c)(2))

When Does A Hazardous Waste Cease To Be A Hazardous Waste?

A Waste Ceases To Be Hazardous When...  Listed Waste, Mixtures With or Derived From Listed Waste - When It Has Been Excluded (Delisted) Under 40 CFR and and Does Not Exhibit Any of the Characteristics.

 Characteristic Waste - When It No Longer Exhibits Any of the Characteristics and Meets LDR Treatment Standards (UTS) at 40 CFR NOTE: Many UTS limits are Lower Than Characteristic Concentrations. A Waste Ceases To Be Hazardous When...

 Specified Wastewater Mixtures  Mixtures of Solid Waste and Hazardous Waste Listed Solely for a Characteristic (I,C,R, or E), Where Resulting Mixture No Longer Exhibits Any Characteristics (F003). Exceptions To The Mixture Rule

 Lime Stabilized Waste Pickle Liquor Sludge That Is Not Characteristically Hazardous  Residues From Burning Certain Exempt Petroleum Refinery Fuels Exceptions To The "Derived From" Rule

 Hazardous Debris Meeting Debris LDR Treatment Standards Using Extraction Or Destruction Technologies  Delisted Waste Materials Exceptions To The "Derived From" Rule (cont’d)

Regulatory Categories

Regulatory Categories (cont’d)  Solid Waste/Non-Hazardous Industrial Waste Generator  Conditionally-Exempt Generator (CESQG <100 Kg/Mo)

 Small Quantity Generator (SQG: Kg/Mo)  Generator Who Accumulates On-Site in Containers or Tanks for Less Than 90 Days (Large Quantity Generator or LQG) Note: The First Four Categories are Mutually Exclusive at Any One Point In Time. Regulatory Categories (cont’d)

 Generator/Shipper (to Off-site TSD)  Generator Who Stores On-site Under RCRA Permit or Interim Status  Generator Who Treats On-site By an Exempted Method or In an Exempted Manner  Used Oil Generators, Transporters, Processors/re-refiners, Burners and Marketers Regulatory Categories (cont’d)

 Owner/Operator of Underground Petroleum Or Hazardous Substance Storage Tank  Generator Who Treats/Disposes On-Site Under RCRA Permit or Interim Status  Commercial TSD Facility Regulatory Categories (cont’d)

Standards For Generators (40 CFR 262)

 Determine if Any Solid Wastes Generated are Hazardous Wastes. (262.11)  Notify EPA & Obtain an EPA Identification Number Prior to On-Site T,S,D, or Off-Site Transportation. (262.12)  Keep Records of Waste Analyses & Determinations for 3 Years. (262.40) Standards For Generators

Generators Who Accumulate

Accumulation Time (40 CFR )  Use and Management of Containers (40 CFR 265 ‑ Subpart I and Subparts AA, BB, and CC as Applicable)  Tank Systems (40 CFR 265 ‑ Subpart J, Except (c) and and Subparts AA, BB, and CC as Applicable)  Containment Buildings (40 CFR Subpart DD)

 Accumulation Start Date Marking (90 Day Limit ‑ 30 Day Extension Possible) ‑ Satellite Accumulation (40 CFR (c)) (Excess Accumulation Date Starts 90 Day Period)  Hazardous Waste Marking/Labeling Accumulation Time

 Preparedness and Prevention (40 CFR 265 ‑ Subpart C)  Contingency Plan and Emergency Procedures (40 CFR 265 ‑ Subpart D)  Personnel Training (40 CFR ) Accumulation Time

 Waste Analysis Plan (40 CFR 268.7(a)(5)) - When Treating in Tanks or Containers On-Site to Meet LDR Accumulation Time

 Closure Performance Standards (40 CFR and ) -Control of Post-Closure Releases -Removal and Proper Disposal of All Hazardous Wastes, Residues and Contaminated Soil Accumulation Time

Note  Satellite Accumulation Provisions at 40 CFR (c).  Small Quantity Generator Provisions at 40 CFR (d).

Use and Management of Containers (40 CFR 265, Subpart I)

Use and Management of Containers Condition of Containers (40 CFR )  Containers Must be in Good Condition  Contents of Leaking Containers Must be Transferred or Container Overpacked

Compatibility of Waste with Container (40 CFR ) Use and Management of Containers (cont’d)

Management of Containers (40 CFR )  Containers Must be Closed During Storage  Containers Must be Handled so as to Avoid Rupture or Leakage Use and Management of Containers (cont’d)

Inspections (40 CFR )  At Least Weekly Use and Management of Containers (cont’d)

Special Requirements for Ignitable or Reactive Wastes (40 CFR )  Must be Located at Least 50 Feet from Property Line Use and Management of Containers (cont’d)

Special Requirements for Incompatible Wastes (40 CFR )  Must Not be Placed in Same Container  Must be Separated, or Protected by Dike, Berm, Wall or Other Devices Use and Management of Containers (cont’d)

Air Emission Standards  Manage All Hazardous Waste in Containers in Accordance With Subpart CC of 40 CFR 265 Use and Management of Containers (cont’d)

Preparedness and Prevention (40 CFR Part 265, Subpart C)

Preparedness and Prevention  Maintain and Operate the Facility So As to Minimize the Possibility of Fire, Explosion or Unplanned Release (265.31)  Provision of Certain Required Equipment (265.32) :  Internal Communications or alarm system  Telephone or two-way radio  Portable fire extinguishers, fire control equipment, spill control and decontamination equipment  Water at adequate volume and pressure

 Testing and Maintenance of Equipment (265.33)  Aisle Space Required to Allow Emergency Response (265.35) Preparedness and Prevention (cont’d)

 Arrangements With Local Authorities Must be Attempted, as Appropriate(265.37):  Police, Fire, and Emergency Response Teams  Agreements Designating Primary Fire and Police Authorities  Agreements With State Emergency Response Teams, Emergency Response Contractors, and Equipment Suppliers  Local Hospitals Preparedness and Prevention (cont’d)

Contingency Plans (40 CFR Part 265, Subpart D)

Contents  Actions of Facility Personnel in Response to HW Emergencies  Arrangements Made With Local Authorities  List of Emergency Coordinators  Emergency Equipment List  Evacuation Plan

Personnel Training (40 CFR )

Personnel Training  Who Gets Trained?  What Should the Training Consist of and Accomplish?  Who Performs the Training?  How Often Is Training Performed?  What Constitutes Appropriate Documentation?

Note  Compliance With RCRA HWM Training Requirements Is Not Adequate Training for OSHA Hazard Communication Standard or DOT HM-126F Compliance, and May Not Be Adequate for Compliance With the OSHA Hazardous Waste and Emergency Response Operations Standard.

Requirements for Kg/Month Small Quantity Generators (40 CFR (d)) Effective September 22, 1986

Requirements  Notify and Obtain U.S. EPA ID Number  Accumulate No More Than 6,000 Kg On- Site for Up to 180 Days (270 Days If TSD Over 200 Miles Away)  Mark Each Container With the Words “Hazardous Waste” and Accumulation Start Date

Requirements (cont’d)  Follow Container Storage or Tank Accumulation Requirements  Preparedness and Prevention Requirements  Emergency Planning and Notification of Releases

 Utilize Planning and Notification of Releases  Follow DOT Requirements Re: Packaging, Labeling and Marking  Use Uniform Hazardous Waste Manifest u Limited Exception Reporting Requirements if Return Copy Not Received Within 60 Days of Shipment Requirements (cont’d)

Satellite Accumulation (40 CFR (c)) Effective June 20, 1985

Satellite Accumulation Points  Areas “At or Near Any Point of Generation Where Wastes Initially Accumulate, Which Is Under the Control of the Operator of the Process Generating the Waste".  Satellite Accumulation Points Are Not Subject to the 90-day Accumulation Standards That Apply to Central Accumulation/Storage Areas.

Satellite Requirements  Wastes Must Be Placed in Containers That Are in Good Condition.  Wastes Must Be Compatible With the Containers.  Containers Must Always Be Closed, Unless Wastes Are Being Added or Removed.

 Containers Must Be Marked With the Words "Hazardous Waste" or Other Words That Identify the Contents of the Containers.  Accumulation Limit of 55 Gallons of HW (1 Qt. Of Acutely HW) Per Satellite Area. Satellite Requirements (cont’d)

 Containers Must Be Marked With the Accumulation Start Date When "Excess Accumulation" Begins (When the Container Is Filled to Capacity).  Full Containers Must Be Moved to 90-day Accumulation Area Within 3 Days After Being Filled to Capacity. Satellite Requirements (cont’d)

 Authorized States Are Not Required to Adopt the Satellite Accumulation Rules. Some States Have Set Time Limitations on the Satellite Accumulation Period Satellite Requirements (cont’d)

Recycled Used Oil Management Standards (40 CFR 279) Final Rule  September 10, 1992: Federal Register (57 FR )  March 8, 1993: 40 CFR Part 279

Used Oil  Means Any Oil That Has Been Refined From Crude Oil, or Any Synthetic Oil, That Has Been Used and As a Result of Such Use Is Contaminated by Physical or Chemical Impurities

Categories of Used Oil  Lubricants  Hydraulic Fluid  Metalworking Fluid  Insulating Fluid or Coolant

Used Oil Does Not Include  Oil or Petroleum-based Products  Virgin Oils  Used Oil Residues or Sludges Resulting From the Storage, Processing, or Re- refining of Used Oils  Used Oil That Fails the Rebuttal  Listed Oily Hazardous Waste

Regulation of Used Oil  Used Oil Destined for Recycling Is Not Regulated As Hazardous Waste  EPA Decided Not to List Used Oil Destined for Either Disposal or Recycling

Used Oil Management Standards  Hazardous Waste and Contaminated Used Oil Cannot Be Burned in Non- industrial Boilers  Quality Specifications Are Established for Used Oil; If Used Oil Cannot Meet These Specifications, It Is Subject to the Administrative Controls and Cannot Be Burned in Non-industrial Boilers

 Used Oil That Contains More Than 1,000 ppm of Total Halogens (TX) Will Automatically Be Assumed to Have Been Mixed With Spent Solvents. This "Rebuttable Presumption" Will Make the Used Oil a Listed Hazardous Waste (F001/F002) Unless It Can Be Proved Otherwise. Used Oil Management Standards (cont’d)

 Rebutting the F001/F002 Listing Presumption Could Include Any or All of the Following Items:  MSDS Indicating the Presence of Halogenated Additives in Virgin Oil  Toxic Organic Management Plan and Other Evidence of Proper and Adequate Segregation Practices  Demonstration That Halogenated Solvents Came From Non-listed Sources  GC/MS Analysis Indicating <100 ppm of Each Individual F001/F002 Constituent Used Oil Management Standards (cont’d)

 Standards for Used Oil Burners Who Burn Off-specification Used Oil for Energy Recovery  Standards for Used Oil Fuel Marketers  Technical Standards for Burning of Hazardous Waste in Boilers and Industrial Furnaces Are Codified at 40 CFR Part 266, Subpart H Used Oil Management Standards (cont’d)

Used Oil Fuel Specification(279.11) Constituent or PropertyAllowable Level Arsenic5 ppm max Cadmium2 ppm max Chromium10 ppm max Lead100 ppm max Flashpoint100ºF minimum Total Halogens4,000 ppm max Used Oil Management Standards (cont’d)

 Under PCB Regulations, Used Oils Containing PCBs Between 1-50 ppm (Prior to Dilution) Are Considered Off- Specification  Unanalyzed Used Oils Are Considered to Be Off-Specifications for PCBs. (40 CFR 761.2(e)(1) & (2) and 40 CFR (i)) Used Oil Management Standards (cont’d)

 Generators  Collection Center and Aggregation Points  Transporter and Transfer Facilities  Processors and Re-Refiners  Burners of Off-Spec Used Oil  Fuel Marketers Used Oil Participants

Used Oil Prohibitions  Management in Unpermitted Surface Impoundments or Waste Piles  Use As Dust Suppressant  Burning Off-spec Used Oil Fuel in Non- Specified Devices  Mixing With Hazardous Waste

Rebuttable Presumption  For Used Oil (SW 846 and 40 CFR 261 Appendix VIII Halogenated Hazardous Constituents)

Standards for Generators  Mixing Prohibition  Rebuttable Presumption  Comply With SPCC and UST Regulations, As Applicable  Store Only in Tanks, Containers, or RCRA Permitted Units

 Containers/Tanks Must Be in Good Condition, Not Leaking and Marked/labeled "Used Oil"  Label/mark Fill Pipes to USTs  Respond to Releases  Use Transporters With EPA Identification Numbers Standards for Generators (cont’d)

Standards for Transporters and Transfer Facilities  Notify and Obtain EPA Identification Number  Store Used Oil in Labeled Containers/Tanks Within Secondary Containment With Impervious Floor for Less Than 35 Days  Track Incoming and Outgoing Used Oil  Determine Total Halogen Content of Used Oil for Rebuttable Presumption Purposes  Respond to Releases and Properly Manage Residues

Standards for Processors and Re-refiners  Notify and Obtain EPA Identification Number  Determine Total Halogen Content of Used Oil for Rebuttable Presumption Purposes  Store/process in Containers/tanks That Are Labeled and in Good Condition Within Secondary Containment With an Impervious Floor

 Respond to Releases and Properly Manage Residues  Preparedness and Prevention  Contingency Plan  Written Analysis Plan Standards for Processors and Re-refiners (cont’d)

 Operating Record/Tracking Log  Biennial Report  Closure Requirements Standards for Processors and Re-refiners (cont’d)

A Practical Approach to Land Disposal Restrictions (40 CFR 268)

General Outline  Land Disposal Restrictions (LDR) are found at 40 CFR Part 268.  LDR regulations developed to reduce the toxicity and/or mobility of hazardous waste constituents that are land disposed.

 Hazardous wastes must meet LDR treatment standards before they can be land disposed. Treatment standards are based on Best Demonstrated Available Technology, or BDAT. Technology-based rather than health- or risk-based. LDR treatment standards attach at the point of initial generation. General Outline (cont’d)

 Definition of "wastewater" under LDR regulations is a waste that contains less than 1% total suspended solids and less than 1% total organic carbon.  Subcategories further categorize certain hazardous wastes. Not all waste codes have subcategories. General Outline (cont’d)

 Three types of treatment standards:  Total Waste Standards (totals analysis);  Waste Extract Standards (TCLP analysis); or  Specified Technology Standards (specify a treatment technology by five letter code, rather than constituent concentration). General Outline (cont’d)

 Concentration-based Universal Treatment Standards (UTS) specify a single numerical treatment standard for each organic, metal and cyanide constituent, regardless of the type of waste, that must be met prior to land disposal. General Outline (cont’d)

 There is One Table at 40 CFR That Specifies All Treatment Standards for the Various Hazardous Wastes  Waste Code, Description/Subcategory, Regulated Hazardous Constituents, and Wastewater/Non-Wastewater Treatment Standards  One Treatment Standard for Wastewater and One for Non- Wastewater for Each Waste Code General Outline (cont’d)

Generator Requirements

Eight Elements for LDR Compliance  Determine, at the Point of Generation, All Applicable Codes, the Category (WW or Non-WW), and the Subcategory (If Any) for Each Restricted Waste.  Determine Which Treatment Standard(s) Apply to Each Restricted Waste

 Identify Underlying Hazardous Constituents (Where Required).  Determine, Through Specified Analytical Techniques or Knowledge of the Waste, Whether the Treatment Standard Has Been Achieved.  Comply With Storage Time Limitations. Eight Elements for LDR Compliance (cont’d)

 Comply with prohibitions on evaporation and dilution.  Prepare notifications and/or certifications required for onsite or offsite waste management.  Comply with recordkeeping requirements to maintain all LDR documentation. Eight Elements for LDR Compliance (cont’d)

Universal Waste Rule (40 CFR 273)

Universal Waste Rule  The Universal Waste Rule Establishes "Streamlined" Hazardous Waste Regulations for the Management of Specific Waste Types Identified by EPA As "Universal Wastes".

 Universal Wastes Include  Hazardous Waste Batteries;  Mercury-containing Thermostats; and  Hazardous Waste Pesticides Recalled by the Manufacturer or Collected During a Pesticide Collection Program. Universal Waste Rule (cont’d)

 Lamps(Fluorescent Light Bulbs) will be added to Federal VW rules on 01/06/2000.  Generators of Universal Wastes and Facilities That Store or Manage Universal Wastes Without Performing Treatment, Recycling or Disposal Are "Handlers" and Are Subject to the certain Provisions. Universal Waste Rule (cont’d)

 There Are Management Standards for Each Type of Universal Waste. In General, These Standards Require Management in a Way That Prevents Releases Into the Environment.  Large Quantity Handlers (Accumulating 5,000 Kg or More at One Time) Must Notify the USEPA and Receive an EPA ID Number. Universal Waste Rule (cont’d)

 Handlers May Ship to Other Handlers or to a Treatment, Recycling, or Disposal Facility Without Hazardous Waste Manifests or Land Disposal Restrictions Notifications. DOT Shipping Papers Must Accompany DOT Hazardous Materials Shipments. Small Quantity Handlers Are Not Required to Track Their Shipments. Large Quantity Handlers Must Retain a Record of Each Shipment Received And/or Sent Off-site and for at Least 3 Years. Universal Waste Rule (cont’d)

 Handlers May Accumulate Universal Wastes for up to One Year. Must Be Able to Demonstrate the Length of Time the Universal Waste Has Been Accumulated. Universal Waste Rule (cont’d)

 Maintaining an Inventory System On-site Identifying the Date Each Universal Waste Became a Waste;  Maintaining an Inventory System On-site Identifying the Earliest Date That Any Single Waste in a Group of Wastes or Containers Became a Waste; Universal Waste Rule (cont’d)

 Placing a Waste in a Specific Accumulation Area and Identifying the Earliest Date That Any Waste in the Area Became a Waste; or  Any Other Method That Clearly Demonstrates the Length of Accumulation Time.  Handlers Must Provide Basic Employee Training. Universal Waste Rule (cont’d)

 Handlers Must Label Universal Wastes With the Required Wording to Identify the Waste Type.  Handlers Are Specifically Prohibited From Diluting or Disposing of Universal Wastes. Permissible Management Activities for Handlers Are Specified in Subparts B and C of Part 273. Universal Waste Rule (cont’d)

 Handlers Must Manage Universal Wastes in a Way That Prevents Releases. Any Releases Must Be Contained Immediately. More Detailed Management Requirements Are Specified for Each Universal Waste Type.  The Universal Waste Rule Also Specifies Requirements for Universal Waste Transporters and Universal Waste "Destination Facilities". Universal Waste Rule (cont’d)

 States Are Not Required to Adopt the Universal Waste Rule, So Even After One State Adopts the Rule, Wastes That Are Regulated As Universal Wastes in That State May Still Be Regulated As Hazardous Wastes in Other States.  Current state rules for Mercury-containing lamps are an example of this. Universal Waste Rule (cont’d)

EPA/DOT Regulatory Requirements

Generators Shipping Hazardous Wastes Off-Site  Select Appropriate Shipping Description and Determine If RQ Is Being Shipped in a Single Container  Perform LDR determinations  Comply With DOT Requirements for Packaging, Labeling and Marking

 Verify That Transporter and Designated TSD Facility Have Valid EPA Identification Numbers and Relevant Permits Generators Shipping Hazardous Wastes Off-Site (cont’d)

 Prepare a Uniform Hazardous Waste Manifest (EPA Form ), Utilizing Appropriate Form per Acquisition Hierarchy. Prepare the Appropriate Notice(s) for Restricted Waste Shipments to Treatment Facilities. Prepare the Appropriate Certification(s) for Restricted Waste Shipments to Land Disposal Facilities. Generators Shipping Hazardous Wastes Off-Site (cont’d)

 Offer the Transporter Appropriate Placards.  Sign and Date Manifest, Certifying Shipment Meets EPA and DOT Pre- transportation Requirements. Signature also Certifies that a Waste Minimization Program is in Place, and that the Method of T, S, or D Selected is Environmentally Appropriate. Generators Shipping Hazardous Wastes Off-Site (cont’d)

 Obtain Signature of Transporter and Date of Acceptance  Retain One Copy of the Signed Manifest and Give the Remaining Copies to the Transporter Generators Shipping Hazardous Wastes Off-Site (cont’d)

 Monitor the Manifest Tracking System.  Submit Exception Reports, as Appropriate.  Prepare and Submit Biennial Reports Including a Description of Waste Minimization Efforts and Achievements.  Keep Copies of Manifests, Land Disposal Restriction Notices/ Certifications, Biennial Reports, Any Exception Reports, and Waste Analyses/Determinations. Generators Shipping Hazardous Wastes Off-Site (cont’d)