Presentation Transcript

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) 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 (a federal law). 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 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 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.
9. 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.
10. 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)]
11. 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.
12. 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.
13. 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).
14. 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.

15. 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)

16. Characteristic Hazardous Wastes

    Four types “D” waste codes Ignitable (D001) Corrosive (D002) Reactive (D003) Toxicity Characteristic (D004 - D043)
17. Some Facts about Characteristics Some characteristics are based on physical properties flash point pH Compressed gases Oxidizers
18. 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).

19. 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, acetylene Not a liquid but can cause fire through friction, moisture, spontaneous chemical change, & burns vigorously and persistently Aluminum, zirconium, magnesium fines and chips

20. 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

21. 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

22. 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

23. 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.

24. Toxicity Characteristic D004 – D043

25. Toxicity Characteristic D004 – D043

26. Toxicity Characteristic D004 – D043

27. 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)

28. 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.

29. 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)
30. 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
31. 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
32. 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

33. 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)
34. Example “K” Wastes

35. 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.

36. 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

37. Examples “U” Listed Waste

    U001 – U411(T)
38. Hazardous Waste DeterminationCase 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)
39. Hazardous Waste DeterminationCase Studies (Cont.) Unused nicotine from a laboratory study. Hazardous waste (P075 listed hazardous waste) Unused aerosol cans (hair spray). Hazardous waste (D001 - ignitable).
40. 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

41. 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”)
42. 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.
43. 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.

44. 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

45. 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
46. 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.
47. 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 UniversalWaste
48. 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)
49. Universal Waste Example Label 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.
50. 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
51. 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.
52. Universal Waste Training Requirements 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.  
53. 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

54. Used Oil Testing Requirements

    Used oil testing Total halogens (state regulations require generator to determine halogens) Less than 1000 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.
55. 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
56. 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.
57. DEEP HazardousWaste Resources Website: www.ct.gov/deep/hazardouswaste COMPASS Program: Toll-free COMPASS line: 1-888-424-4193. Free COMPASS Audits. Hazardous Waste Advisory Committee (HWAC): www.ct.gov/deep/hwac. New: LQG Welcome Wagon Program. New: RCRA Small Business Enforcement Policy.
58. Questions?