1. Introduction to the Resource Conservation and Recovery Act (RCRA)
Rensselaer Polytechnic Institute
MANE-6960 Solid and Hazardous Waste Prevention
and Control Engineering
April 3, 2014

2. About your presenter… Ross Bunnell Sr. Sanitary Engineer CT DEEP
Bureau of Materials Mgmt. & Compliance Assurance
Waste Engineering & Enforcement Division
25 years in the hazardous waste program:
Started in HW Permitting;
Did enforcement for 10 years;
Most recently – program support role.
(860)

3. Agenda for this Presentation
Background of RCRA.
Definition of Solid Waste.
Definition of Haz Waste.
Generator requirements.
Used Oil.
Universal Waste.
Resources from DEEP.

4. Background of RCRA
RCRA = Resource Conservation & Recovery Act (a federal law).
Passed by Congress in 1976.
Amended the Solid Waste Disposal Act of 1965.
USC Title 42, Sections f
Purpose: to address issues not covered by the CWA and CAA.
Waste management, disposal & recycling.

5. Background of RCRA (Cont.)
Different from CWA and CAA in that it’s not an “end of pipe” regulation.
Preventative in nature rather than regulating an on-going discharge.
Contrast vs. CERCLA, which was designed for emergency response and site cleanup (Superfund).
Essentially designed to prevent future CERCLA actions and Superfund sites.

6. Federal Hazardous Waste Regulations
Regulations issued by EPA became effective
Currently codified at 40 CFR 260 – 279 & 40 CFR 124.
Different from CWA & CAA regs.
Preventing releases ~ regulating discharges.
RCRA is a “self-implementing” regulation.
Does not rely on permitting for entities.
Intended to prevent discharges ~ control them.

7. State Regulations
RCSA Sections 22a-449(c)-100 through -119 and 22a-449(c)-11.
First passed in 1981.
Last amended to incorporate federal rules issued through
Incorporation-by-reference format.
Plan to convert to “full text” format in next revision.

9. State Implementation of RCRA
States may seek authorization from EPA to administer RCRA in lieu of EPA.
Connecticut is an authorized state.
New federal rules do not take effect in CT unless and until adopted into our regs.
Exception: More stringent “HSWA” rules.
EPA may still inspect and enforce RCRA in CT.

10. Defining Hazardous Waste
To be a hazardous waste, a waste must first be a “solid waste.”
“Solid Waste” has it’s own definition.
Can include liquids and gases in addition to solids.
“Hazardous Waste” has a separate definition.

11. Definition of Solid Waste [40 CFR 261.2]
“A solid waste is any discarded material that is not excluded …” [261.2(a)(1)]
“A discarded material is any material which is (i) abandoned …; (ii) recycled …; or (iii) considered inherently waste-like.” [261.2(a)(2)]
Materials are solid waste if they are abandoned by being: (1) disposed of; or (2) burned or incinerated; or, (3) accumulated, stored, or treated … in lieu of being abandoned…” [261.2(b)]

12. Definition of Solid Waste (cont.)
Materials are solid waste if they are recycled – or accumulated, stored, or treated before recycling…”
The all important “Table 1” in
“x” axis: different types of “secondary materials.”
“y” axis: different types of recycling.
(*) => are solid wastes.
--- => are not solid wastes.

14. Other Exemptions from the definition of Solid Waste
40 CFR 261.2(e) – “use/reuse” exemptions.
40 CFR 261.4(a) – various particular materials exempted by EPA for various reasons.

15. Definition of Hazardous Waste
In order to be regulated as a hazardous waste, a secondary material must be:
A solid waste under RCRA; and,
Hazardous as defined in 40 CFR –
Exemptions from the definition of hazardous waste:
40 CFR 261.4(b).
40 CFR 261.6(a)(3).
40 CFR 261.6(a)(1) & (a)(4).

16. Classification of Hazardous Wastes
A critical step, since it defines which wastes are subject to regulation and which are not.
Defines “generator status” and hence the rules a generator is subject to.
Triggers “cradle to grave tracking” (manifest).
In CT, requires use of permitted transporters and disposal facilities.
Creates future liability for the generator.
Use of manifest triggers DOT transportation requirements for hazardous materials.

17. Waste Codes Hazardous wastes are identified by “waste codes”
(except for used oil and universal waste)
The characteristic hazardous waste codes
D waste codes
(Example – D001: Ignitable Hazardous Waste)
The listed hazardous waste codes
F, K, U, P waste codes
(Example – F001: Halogenated Solvents Used in Degreasing)

18. Characteristic Hazardous Wastes
Four types
“D” waste codes
Ignitable (D001)
Corrosive (D002)
Reactive (D003)
Toxicity Characteristic (D004 - D043)

19. Some Facts about Characteristics
Some characteristics are based on physical properties
flash point pH
Compressed gases
Oxidizers

20. Facts about Characteristics (cont.)
Some characteristics are based on concentration limits
Milligrams per liter (mg/L)
Test method “Toxicity Characteristic Leaching Procedure” (TCLP)
Limits range between to 400 mg/L
note: one percent (1%) equals 10,000 ppm.
MSDSs only required to list ingredients >1% (0.1% for carcinogens).

21. Ignitable Characteristic D001
Liquid with a flashpoint less than 140 degrees F
Mineral spirits, petroleum distillate, stoddard solvent, paint
Oxidizers (49 CFR )
Nitric acid, peroxides, permanganates
Ignitable compressed gas (49 CFR )
Propane, acetylene
Not a liquid but can cause fire through friction, moisture, spontaneous chemical change, & burns vigorously and persistently
Aluminum, zirconium, magnesium fines and chips

22. Corrosive Characteristic D002
Aqueous liquid, pH less than 2 or greater than 12.5.
A liquid that corrodes steel at greater than inches per year at 130 degrees F.
nitric acid, sulfuric acid, phosphoric acid, hydrochloric acid, chromic acid
sodium hydroxide, potassium hydroxide, ammonium hydroxide

23. Reactive Characteristic D003
Normally unstable
Reacts violently with water or forms toxic fumes or vapors (cyanides & sulfides)
Capable of detonation or explosion when heated under confinement or subjected to a strong initiating force

24. Examples of D003 Wastes Fireworks and explosives
Flameless ration heaters (ready-to-eat meals)
Air bags (un-deployed)
Old picric acid and ether (react slowly over time)
Cyanides
Lithium batteries (with an electrical charge)
Sodium
Nickel catalyst
Compressed cylinders

25. Toxicity Characteristic D004 – D043
39 elements and compounds
Cause damage to tissue, impair CNS, cause severe illness or death when ingested, inhaled, or absorbed.
Based on concentration limits (mg/L).
Testing using Toxicity Characteristic Leaching Procedure.

26. Toxicity Characteristic D004 – D043
Waste Code & CAS
Contaminant
Concentration limit D
Arsenic
5 mg/L D
Barium
100 mg/L D
Cadmium
1 mg/L D
Chromium D
Lead D
Mercury
0.2 mg/L D
Selenium D
Silver D
Endrin
0.02 mg/L D
Lindane
0.4 mg/L D
Methoxychlor
10 mg/L D
Toxaphene
0.5 mg/L D
2,4D

27. Toxicity Characteristic D004 – D043
Waste Code & CAS
Contaminant
Concentration limit D
2,4,5 TP
1 mg/L D
Benzene
0.5 mg/L D
Carbon tetrachloride D
Chlordane
0.03 mg/L D
Chlorobenzene
100 mg/L D
Chloroform
6 mg/L D
O-cresol
200 mg/L D
M-cresol D
P-cresol
D None
Cresol D
1,4 dichlorobenzene
7.5 mg/L D
1,2 dichloroethane D
1,1 dichloroethylene
0.7 mg/L

28. Toxicity Characteristic D004 – D043
Waste Code & CAS
Contaminant
Concentration limit D
2,4, dinitrotoluene
0.13 mg/L D
Heptachlor
0.008 mg/L D
Hexachlorobenzene D
Hexachlorobutadiene
0.5 mg/L D
Hexachloroethane
3 mg/L D
Methyl ethyl ketone
200 mg/L D
Nitrobenzene
2 mg/L D
Pentachlorophenol
100 mg/L D
Pyridine
5 mg/L D
Tetrachloroethylene
0.7 mg/L D
Trichloroethylene D
2,4,5 trichlorophenol
400 mg/L D D
2,4,6 trichlorophenol
Vinyl chloride
0.2 mg/L

29. The Listed Hazardous Wastes
Four types of listed waste
“F” waste code – Non-specific source (includes some acute)
“K” waste code – Specific source
“U” waste code – Commercial chemical product (non-acute)
“P” waste code – Commercial chemical product (acute)
Reason for listings
Ignitable (I)
Corrosive (C)
Reactive (R)
Acutely hazardous (H)
Toxic (T)

30. Mixture Rule
Mixing a listed waste with any other solid waste makes the entire mixture a listed waste.
“Dilution is not the solution to pollution.”
Not dependent on amount (one drop, one gallon, etc).
Not dependent on the source (intentional mixing, accidental mixing).
Can cause an otherwise inexpensive waste to become more expensive when shipped off-site
Related rules: “derived from” rule and “contained in” rule.

31. Non-specific Sources - “F” Wastes
Waste from generic sources:
F001 – F039
Spent solvents (F001 – F005)
Metal finishing (F006 – F019)
Pesticides/wood preservative (F020 - F035)
Includes some acute hazardous waste (F020-23, F026 & F027)

32. Some common “F” waste in CT
F001 (T)
F002 (T)
The following spent halogenated solvents used in degreasing: tetrachloroethylene, trichloroethylene, methylene chloride, 1,1,1 trichloroethane, carbon tetrachloride, chlorinated fluorocarbons, still bottoms from solvent recovery
The following spent halogenated solvents: tetrachloroethylene, methylene chloride, trichloroethylene, 1,1,1 trichloroethane, chlorobenzene, 1,1,2-trichloro-1,2,2,-trifluoroethane, ortho-dichlorobenzene, trichlorofluoromethane, and 1,1,2-trichloroethanetrichloroethylene, still bottoms from solvent recovery

33. Some common “F” waste in CT
F003 (I)
F005 (I,T)
The following spent non-halogenated solvents: xylene, acetone, ethyl acetate, ethyl benzene, ethyl ether, methyl isobutyl ketone, butyl alcohol, cyclohexanone, methanol, (10% or more) still bottoms from solvent recovery.
The following spent non-halogenated solvents: toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, benzene, 2-ethoxyethanol, 2-nitropropane ; (10% or more) still bottoms from recovery of spent solvents

34. Some common “F” waste in CT
F006 (T)
F019 (T)
Wastewater treatment sludge from electroplating operations except from the following processes: (1) sulfuric acid anodizing of aluminum; (2) tin plating on carbon steel; (3) zinc plating on carbon steel; (4) aluminum or zinc-aluminum plating on carbon steel; (5) cleaning/stripping associated with tin, zinc, aluminum plating on carbon steel; (6) chemical etching of aluminum.
Wastewater treatment sludge from chemical conversion coating of aluminum except zirconium phosphating in aluminum can washing

35. Specific Sources - “K” Wastes
Specifically listed industry doing specifically listed processes:
K001 – K160
Refineries (K048, K170)
Pharmaceutical (K084, K101)
Foundry (K061, K069)
Explosives (K044, K45)

36. Example “K” Wastes Industry Hazardous waste Waste & Hazard code
Wood Preservation
Bottom sediment sludge from treatment of wastewater from wood preserving process that uses creosote and/or pentachlorophenol
K001 (T)
Inorganic Pigments
Wastewater treatment sludge from the production of chrome yellow and orange pigments
K002 (T)
Organic Chemicals
Bottom stream from the acetonitrile column in the production of acrylonitrile
K013 (T, R)
Explosives
Wastewater treatment sludge from the manufacturing and processing of explosives
K044 (R)

37. Commercial Chemical Products
“U” and “P” waste codes
Unused commercial products
Pure, technical grade
Sole active ingredient
Typically discarded because off-spec, shelf life, spilled, or no longer needed.

38. Examples “P” Listed Waste
“acute hazardous wastes”
P001 - P205(H)
Listing includes empty containers of “P” listed materials (unless triple rinsed)
Also includes waste from rinsing empty containers
Hazardous waste No.
Chemical abstract No.
Substance
P006
Aluminum phosphide (R, T)
P075
Nicotine
P106
Sodium cyanide
P001
Warfarin (coumadin)
P022
Carbon disulfide

39. Examples “U” Listed Waste
U001 – U411(T)
Hazardous waste No.
Chemical abstract No.
Substance
U002
Acetone (I)
U080
Methylene chloride
U210
Tetrachloroethylene (perchloroethylene)
U220
Toluene
U240
2,4, Dichlorophenoxyacetic acid (2,4D)
U023
Benzotrichloride (C, R)
U159
2-butanone (I) (MEK)

40. Hazardous Waste Determination Case Studies
Spent muriatic acid (pH = 1.5).
Hazardous waste (D002 – corrosive).
Used rag with chlorinated solvent on it.
Hazardous waste (F002 listed HW).
Aluminum alloy turnings with sulfur and water-soluble cutting oil on them.
Reactive hazardous waste (D003 – reactive).
Fluorescent light bulbs.
Toxic hazardous waste (D009 – mercury)

41. Hazardous Waste Determination Case Studies (Cont.)
Unused nicotine from a laboratory study.
Hazardous waste (P075 listed hazardous waste)
Unused aerosol cans (hair spray).
Hazardous waste (D001 - ignitable).

43. Important Point
All discarded solid waste must be evaluated for the characteristics [40 CFR ]
Paper
Tires
Chemicals
Lamps
Electronic equipment
Paint
Scrap metal
Construction debris

44. Non-Hazardous CT Regulated Wastes
These waste codes apply if transported by or sent to facility within CT.
Still subject to a hazardous waste determination to confirm they are not hazardous wastes.
Some can be disposed of at solid waste facilities with permission from DEEP (“special wastes”)
Waste Code
Description
Examples
CR01
Waste oil with PCBs ( at or above 50 ppm)
Transformer, heat transfer, hydraulic oils
CR02
Waste oil (& materials containing oil)
Lubrication, hydraulic, machining, & grinding oils, off-spec fuels
CR03
Water soluble waste oil (& materials containing oil)
Machining and grinding coolants, oily wastewaters (e.g., bilge water)
CR04
Waste chemical liquid
Latex, glycol, power washing wastewater
CR05
Waste chemical solid
Foundry sand, sand blasting grit, polluted soil, corrosive solids

45. HW Generator Requirements
Conditionally-Exempt Small Quantity Generators (CESQGs).
Small Quantity Generators (SQGs).
Large Quantity Generators (LQGs).
Other handler types:
Transporters.
Treatment, Storage & Disposal Facilities (TSDFs).
Universal Waste, Used Oil Handlers.

46. Waste Generator Category Amount of Waste Generated Per Calendar Month
Amount of Waste Stored On-Site At Any One Time
CESQG
Conditionally Exempt Small Quantity Generator
No More than 100 kilograms
And
No More than 1 kilogram of Acute Hazardous Waste  
&
No More than 1000 kilograms
SQG
Small Quantity Generator
Between kilograms
No More than 1 kilogram of Acute Hazardous Waste 
No More than 1000 kilograms And
No More than 1 kilogram* of Acute Hazardous Waste  
LQG
Large Quantity Generator
1000 kilograms or More Or
Greater than 1 kilogram of Acute Hazardous Waste   OR
More than 1000 kilograms  Or
Greater than 1 kilogram* of Acute Hazardous Waste

47. CESQG Requirements Perform HW determinations & retain results.
Use transporters with an EPA ID # and a DEEP transporter permit.
Send to a facility that is permitted to accept such waste.
No accumulation time limit.
No manifest required.

48. SQG Requirements
(100 to 1000 kilograms non-acute HW per month and less than one kilogram of acute HW per month; never exceed 1000 kilograms of non-acute HW or 1 kilogram of acute HW at any one time)
EPA Id. No. (40 CFR )
Determine if waste is HW (and document) (40 CFR )
Land disposal restrictions (40 CFR 268)
Satellite containers (temporary storage) (40 CFR )
Ship waste within 180 days (270 if >200 miles) (40 CFR )
Container management (40 CFR )
Secondary containment impervious base (40 CFR )
Aisle space (40 CFR )
Tank management (40 CFR )
Note: SQG cannot operate an open top tank

49. SQG Requirements (cont.)
Weekly, daily inspections and inspection logs (40 CFR & 201)
Emergency response procedures (posting) (40 CFR )
Employee training (40 CFR )
Pre-transport requirements (40 CFR )
DOT containers
Marking
Labeling
Hazardous waste manifests (40 CFR )
Closure (if applicable) (40 CFR , 114, 201)
ALSO:
Used oil requirements in 40 CFR 279
Universal waste requirements in 40 CFR 273

50. LQG Requirements SQG requirements, plus:
90 (~180-day) storage time limit.
More involved tank requirements.
Personnel Training Program and documentation.
Written Contingency Plan (submitted to local emergency authorities).
Biennial Report.
Subpart AA-CC air emissions requirements.

51. Universal Waste Wastes include:
Universal waste rule provides a set of streamlined regulations to reduce the regulatory burden. Allows longer time for the storage of the wastes, reduced record-keeping requirements and consolidation off-site without a permit.
Wastes include:
Batteries
Mercury-containing thermostats
Mercury-containing equipment
Lamps
Certain pesticides
Used electronics
Two Universal Waste Generator Categories: Small & Large Handlers

52. Universal Waste How do I store my universal waste? Container rules:
Closed
Structurally sound
Compatible with contents
Capable of preventing leakage, spillage, or damage
Used Electronics must be stored in a building w/ a roof & 4 walls or in cargo portion of a truck
Date of initial storage documented (e.g., label or log)
One year to remove from site
Adequate Aisle space (DEEP recommends min 36 inches)

53. Universal Waste Universal Waste labeling Accumulation start date
One of the following
“Universal Waste _________”
“Waste ________”
“Used ________”
A universal waste handler can store universal waste on site for no longer than 1 year from the date the universal waste is generated regardless of handler category.
Example Label

54. Universal Waste Off-Site Shipments Can be to:
Destination facility (including a permitted RCRA TSDF)      
Another universal waste handler
Foreign destination
Applicable DOT Regulations for the following:
Lead acid batteries
Nickel cadmium batteries
Mercury-containing thermostats
Mercury-containing equipment

55. Universal Waste Off-Site Shipment Record Keeping Requirements:
Small Quantity Handlers not required to keep records of shipment
Large Quantity Handlers must keep a record of each universal waste shipment as follows:
May be in the form of a log, invoice, or shipping document
Must include:
Name & Address of Universal Waste handler or destination facility waste was sent to
Quantity of each type of Universal Waste
Date of the shipment
Records must be retained for at least 3 years.

56. Universal Waste Training Requirements Emergency procedures
A small quantity handler of universal waste must inform all employees who handle or have responsibility for managing universal waste.
A large quantity handler of universal waste must ensure that all employees are thoroughly familiar with the proper waste handling and emergency procedures, relative to their responsibilities during normal facility operations and emergencies.
Emergency procedures
Spill/Release Procedures
Immediately contain any releases of Universal Waste and other residues.
Determine whether any material resulting from the release is a hazardous waste, and if it is, manage it under full hazardous waste requirements
Handle any materials which are still Universal Waste under Universal Waste requirements.  

57. Used Oil Oil that is no longer fit for its original use
Examples include:
Crankcase oil & motor vehicle oils
Gear, chain, and ball bearing lubricants
Hydraulic & compressor oils
Drawing & Stamping Oils
Metalworking fluids & oils
Heat transfer oils
Dielectric fluid

58. Used Oil Testing Requirements
Total halogens (state regulations require generator to determine halogens)
Less than assumed not mixed HW (halogenated solvents)
Greater than 1000 must prove not mixed with HW
Transporter required to test under federal law – can get the results from them
Mixtures of used oil and ignitable-only HW
Test mixture for flash point
If below 140 F, regulated as HW
Mixtures of used oil and other characteristic HW
Test mixture for RCRA characteristics
If any characteristic exhibited, regulated as HW
Mixtures of used oil and listed HW
Regulated the same as the listed HW that was added to it.

59. Used Oil – Options for Recycling
How do I ship my used oil?
CT DEEP Licensed Transporter
CT DEEP Licensed Used Oil Facility
Onsite combustion in a space heater
Oil must be generated on-site or from household DIYs
Heater < 0.5 million Btu/hr capacity
Exhaust is vented outside

60. How Do I Manage Used Oil Onsite?
Used Oil Management (Tanks & Drums)
Marked with “Used Oil”
Good condition
Sealed unless adding or removing oil
Located indoors or under roof with containment
Suitable impervious surface
Outdoor storage allowed if :
Secondary Containment with 100% capacity. If uncovered take into account buildup of snow and rain.

61. DEEP Hazardous Waste Resources
Website:
COMPASS Program:
Toll-free COMPASS line:
Free COMPASS Audits.
Hazardous Waste Advisory Committee (HWAC):
New: LQG Welcome Wagon Program.
New: RCRA Small Business Enforcement Policy.

62. Questions?