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Introduction to the Resource Conservation and Recovery Act (RCRA)

Introduction to the Resource Conservation and Recovery Act (RCRA). University of Connecticut School of Law January 14, 2014. About your presenter…. Ross Bunnell Sr. Sanitary Engineer CT DEEP Bureau of Materials Mgmt. & Compliance Assurance Waste Engineering & Enforcement Division

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Introduction to the Resource Conservation and Recovery Act (RCRA)

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  1. Introduction to the Resource Conservation and Recovery Act (RCRA) University of Connecticut School of Law January 14, 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) 424-3023 • ross.bunnell@ct.gov

  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. • Passed by Congress in 1976. • Amended the Solid Waste Disposal Act of 1965. • USC Title 42, Sections 6921 - 6939f • 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 11-19-1980. • Currently codified at 40 CFR 260 – 279 & 40 CFR 124. • Different from CWA & CAA • 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 9-10-2002 to incorporate federal rules issued through 1-1-2001. Incorporation-by-reference format. Plan to convert to “full text” format in next revision.

  8. 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. • If they do, they cite CT’s regs, not EPA’s.

  9. Definition of Solid Waste (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)]

  10. 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 261.2. “x” axis: different types of “secondary materials.” “y” axis: different types of recycling. (*) => are solid wastes. --- => are not solid wastes.

  11. 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.

  12. 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 261.21 – 261.33. • 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) – special rules.

  13. Classification of Hazardous Wastes A critical step, since it defines which wastes are subject to regulation and which are not.

  14. Waste Codes Hazardous wastes are identified by “waste codes” (except for used oil and universal waste) The listed hazardous waste codes F, K, U, P waste codes (Example – F006 metal hydroxide sludge from electroplating) The characteristic hazardous waste codes D waste codes (Example – D035 material with 200 mg/L or more MEK)

  15. The Listed Hazardous Waste 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)

  16. 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.

  17. Non-specific Source “F” Waste 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)

  18. 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

  19. Halogenated Compounds Word chlor or fluorin chemical name Perchloroethylene (s.g. = 1.6) Trichloroethylene (s.g. = 1.46) Methylene chloride (s.g. = 1.33) Chlorinated fluorocarbon (s.g. = 1.56) Known or suspected carcinogens “Heavier” (more dense) than water (s.g. of water =1.0) Improper handling/treatment = Dioxins Dioxins – known carcinogens

  20. 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

  21. 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

  22. F006 Electroplating Sludge Removing some of the confusion • To be a F006 waste, it must be both: • From an Electroplating process common & precious metal electroplating etching (including anodizing and bright dip) chemical milling (including ECM) cleaning & stripping (when associated with above) And… • A sludge from wastewater treatment solids & semi-solids from settling/precipitation (clarifier) spun filters & ion exchange resin sand filters evaporator concentrate

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

  24. Example “K” Waste

  25. Commercial Chemical Product “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.

  26. 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

  27. Examples “U” Listed Waste U001 – U411(T)

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

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

  30. 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 0.008 to 400 mg/L note: one percent (1%) equals 10,000 ppm. MSDSs only required to list ingredients >1% (0.1% for carcinogens).

  31. Ignitable Characteristic D001 Liquid with a flashpoint less than 140 degrees F Mineral spirits, petroleum distillate, stoddard solvent, paint Oxidizers (49 CFR 173.151) Nitric acid, peroxides, permanganates Ignitable compressed gas (49 CFR 173.300) Propane, aerosol products Not a liquid but can cause fire through friction, moisture, spontaneous chemical change, & burns vigorously and persistently Aluminum, zirconium, magnesium fines and chips

  32. Corrosive Characteristic D002 Aqueous liquid, pH less than 2 or greater than 12.5. A liquid that corrodes steel at greater than 0.025 inches per year at 130 degrees F. nitric acid, sulfuric acid, phosphoric acid, hydrochloric acid, chromic acid sodium hydroxide, potassium hydroxide, ammonium hydroxide

  33. 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

  34. 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

  35. ToxicityCharacteristic 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.

  36. Toxicity Characteristic D004 – D043

  37. Toxicity Characteristic D004 – D043

  38. Toxicity Characteristic D004 – D043

  39. Important Point • All discarded solid waste must be evaluated for the characteristics [40 CFR 262.11] • Paper • Tires • Chemicals • Lamps • Electronic equipment • Paint • Scrap metal • Construction debris

  40. CT Regulated Waste Waste codes only apply if transported/sent to facility in CT Testing – CR01 – CR03 – total halogens (if used oil) CR02 – no testing if waste is a fuel reused as a fuel CR04 & CR05 – TCLP needed if sent to Solid Waste Facility (Special Waste Disposal Authorization) C

  41. 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.

  42. 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.

  43. 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 262.12) Determine if waste is HW (and document) (40 CFR 262.11) Land disposal restrictions (40 CFR 268) Satellite containers (temporary storage) (40 CFR 262.34) Ship waste within 180 days (270 if >200 miles) (40 CFR 262.34) Container management (40 CFR 265.170-177) Secondary containment impervious base (40 CFR 264.175) Aisle space (40 CFR 264.35) Tank management (40 CFR 265.201) Note: SQG cannot operate an open top tank

  44. SQG Requirements (cont.) Weekly, daily inspections and inspection logs (40 CFR 265.15 & 201) Emergency response procedures (posting) (40 CFR 262.34) Employee training (40 CFR 262.34) Pre-transport requirements (40 CFR 262.30-33) DOT containers Marking Labeling Hazardous waste manifests (40 CFR 262.20-22) Closure (if applicable) (40 CFR 265.111, 114, 201) ALSO: Used oil requirements in 40 CFR 279 Universal waste requirements in 40 CFR 273

  45. 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.

  46. Joint & Several Liability of Generators • “Generator” can include anyone who generates waste or first causes it to be subject to regulation. • This can be more than one “person.” • Examples: • Co-generators. • Property owner or operator &contractor. • Landlord & tenant. • Enforcement implications.

  47. Periodically exceed regular HW generator classification. What requirements apply? * Re-evaluate your generator classification often!! * Episodic Generation

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