Overview of Workshop - TrainexSection 121 of CERCLA and the NCP require remedial actions to attain ... !Enacted in 1976 to address problems with improper ... !Amended the Solid Waste

EPA 1

Overview of Workshop

!Identify and explain major RCRA requirements that apply or are relevant and appropriate to CERCLA remedial actions

!Examine RCRA requirements for on-site management

!Examine RCRA requirements for off-site management

!Discuss requirements for special waste types

EPA 2

Introduction

!Relationship of CERCLA to RCRA

!Overview of RCRA

EPA 3

Relationship of RCRA and Other Laws to CERCLA Actions

!Definition of “hazardous substance” includes hazardous waste and other substances regulated under various federal environmental laws

!Section 121 of CERCLA and the NCP require remedial actions to attain ARARs

EPA 4

CERCLA Responses Trigger Compliance With Multiple ARARs

!CERCLA response actions often result in the generation and management of wastes subject to action-specific ARARs under RCRA and other environmental laws

!Off-site transportation of CERCLA wastes is subject to hazardous materials regulations issued by DOT and RCRA or other environmental laws

EPA 5

Overview of RCRA

!Enacted in 1976 to address problems with improper management of solid and hazardous waste

!Goals:

» Protect human health and environment from hazards posed by waste disposal

» Conserve energy and natural resources through recycling and recovery

» Reduce the amount of waste generated

» Ensure wastes are properly managed

EPA 6

Statutory Framework of RCRA

!Amended the Solid Waste Disposal Act

!Major amendments have included the:

» Hazardous and Solid Waste Amendments of 1984 (HSWA)

» Federal Facilities Compliance Act of 1992 (FFCA)

» Land Disposal Program Flexibility Act of 1996

! Includes 10 subtitles; created three major regulatory programs

EPA 7

Regulatory Framework for Implementing Subtitle C of RCRA

!Subtitle C provides the statutory framework for the hazardous waste regulatory program

!EPA is authorized to issue regulations on hazardous waste identification, management, and corrective action

!Regulations are set forth in 40 CFR Parts 260-279

EPA 8

Applicability of State Hazardous Waste Laws and Regulations

! States may be delegated authority to implement RCRA requirements

» Regulations promulgated under RCRA and HSWA authorities

! If the state is so authorized, the state’s RCRA regulations are applicable

» States may define more wastes as hazardous than EPA

» States also may have more stringent waste management requirements

» States may decline to adopt Federal requirements that are less stringent than existing standards

! Other state environmental laws and regulations may be applicable to non-hazardous wastes

EPA 9

Hazardous Waste Determination Under RCRA

!An issue that almost always must be addressed during CERCLA responses

!A prerequisite for RCRA applicability

(continued)

EPA 10

Hazardous Waste Determination Under RCRA

!The basic process involves four steps

!Answer three questions first

!Be careful of words or terms with special definitions

EPA 11

RCRA Regulations Used to Identify Hazardous Waste

!Exclusions from definition of solid waste

!Definition of solid waste

!Exclusions from definition of hazardous waste

!Definition of hazardous waste

!Variances and rulemaking petitions

EPA 12

Exclusions From the Definition of Solid Waste

!Congress and EPA have excluded certain materials from regulation under RCRA

!A list of materials excluded from RCRA regulation is set forth in 40 CFR 261.4(a)

EPA 13

The Definition of Solid Waste40 CFR 261.2

!Solid wastes are discarded materials

!A discarded material is any material that is:

»Abandoned

»Recycled

»Considered inherently waste-like

»A military munition

(continued)

EPA 14

The Definition of Solid Waste

!A material is abandoned if it is:

»Disposed of

»Burned or incinerated

»Accumulated, stored or treated prior to or in lieu of abandonment

(continued)

EPA 15


!A material is a solid waste if it is recycled by being:

»Used in a manner constituting disposal

»Burned for energy recovery

»Reclamation

»Accumulated speculatively

(continued)

EPA 16


!Table 1 in 40 CFR 261.2 summarizes the regulatory status of recycled materials

»Spent material

»Sludges

»By-products

»Scrap metal

»Commercial chemical

products

(continued)

EPA 17


!A material is not a solid waste if it is recycled by being:

»Used or reused as an ingredient

»Used as an effective substitute for a product

»Used in a closed-loop process

!Anyone claiming the above exclusion must provide documentation

EPA 18

Definition of Solid WasteCase Study

An OSC discovers several drums of used solvents at a site. The OSC identifies several options for managing the used solvents.

Option 1: The used solvent is sent to a fuel blending facility.

Option 2: The used solvent is sent to a solvent reclamationfacility.

Option 3: The used solvent is sent to an autobody shopwhere the owner will use the spent solvent fordegreasing parts instead of purchasing productsolvent.

For each option, determine if the used solvent is defined as a solid waste under RCRA.

(continued)

EPA 19

Definition of Solid WasteCase Study

The following activities occurred during a CERCLA remedial action:

Action 1: Potentially contaminated soil was excavated andplaced into small piles to facilitate sampling.

Action 2: Treated groundwater was stored in an above-ground tank prior to discharge to POTW.

Determine if the materials meet the definition of solid waste under RCRA.

EPA 20

Exclusions From the Definition of Hazardous Waste

!Congress and EPA have excluded certain solid wastes from the definition of hazardous waste

!A list of solid wastes excluded from RCRA regulation is set forth in 40 CFR 261.4(b)

EPA 21

Definition of Hazardous Waste40 CFR 261.3

! Includes solid waste that:

» Is listed as hazardous waste by EPA (“listed waste”) hazardous

» Exhibits any of four characteristics of hazardous waste (“characteristic hazardous waste”)

» Is a mixture of solid waste and a listed hazardous waste (“mixture rule”)

» Is derived from the treatment, storage, or disposal of other hazardous waste (“derived-from rule”)

EPA 22

Listed Hazardous Wastes

!Wastes from non-specific sources (40 CFR 261.31, F-codes)

!Wastes from specific sources (40 CFR 261.32, K-codes)

!Discarded commercial chemical products (40 CFR 261.33, P- and U-codes)

(continued)

EPA 23

Listed Hazardous Wastes

!Differences between listed and characteristic hazardous wastes

!Determination whether a waste is listed at CERCLA sites

!Basis for listing wastes

!Acutely hazardous wastes

EPA 24

Listed Hazardous WasteCase Study

The following materials were encountered during a removal action:

1. Three 55-gallon drums that contain a used solvent. A material safety data sheet (MSDS) indicates that the solvent contained 60 percent toluene, 35 percent benzene, and 4 percent methyl ethyl ketone.

2. Contaminated soil and debris from the rupture of a tank containing product aldicarb.

Determine if the materials are listed hazardous waste.

EPA 25

Characteristics of Hazardous Wastes

!Ignitability (40 CFR 261.21)

!Corrosivity (40 CFR 261.22)

!Reactivity (40 CFR 261.23)

!Toxicity (40 CFR 261.24)

!Determination whether a waste exhibits any characteristic

EPA 26

Ignitability

!Liquid with a flash point of less than 140°F

!Not liquid and capable of igniting under standard temperature and pressure and burns vigorously and persistently

!Ignitable compressed gas

!Oxidizer

!RCRA waste code D001

EPA 27

Corrosivity

!Aqueous with pH less than or equal to 2 or greater than or equal to 12.5

!Liquid that corrodes steel


EPA 28

Reactivity

!Normally unstable and violent change without detonation

!Reacts violently with water

!Forms potentially explosive mixtures with water

!Generates toxic gases, vapors, or fumes when mixed with water

!Cyanide- or sulfide-bearing waste that generates off-toxic gases, vapors, or fumes when exposed to pH conditions between 2 and 12.5

(continued)

EPA 29

Reactivity

!Capable of detonation from initiating source or heated confinement

!Readily capable of detonation, explosive decomposition, or reaction at standard pressure and temperature

!Forbidden, Class A, and Class B explosives


EPA 30

Toxicity

!Includes those wastes that contain toxic constituents, such as pesticides, toxic metals, and toxic organics

!TCLP is the required test

!Constituents in extract must equal or exceed regulatory threshold

!For wastes containing less than 0.5 percent filterable solids - waste itself is the extract

!RCRA waste codes D004-D043

EPA 31

Characteristic WastesCase Study

The following wastes were generated during a response action:

Waste 1: Alkaline cleaning solution drained from vats at anabandoned plating shop. The solution had a pHof 13.

Waste 2: Unused petroleum-based paint thinner. A MSDSindicates the thinner has a flash point of 120°F.

Waste 3: Ash from coal-fired boilers. The ash may containhigh levels of chromium or lead.

Determine if the materials are characteristic hazardous wastes.

EPA 32

Definition of Hazardous Waste Mixture and Derived-From Rules

!Legal history

!Mixture rule

!Derived-from rule

!HWIR exemption levels and other targeted exemptions from the mixture and derived-from rules

EPA 33

Mixture and Derived-From RulesCase Study

The following activities occur during a CERCLA response:

Activity 1: Thirty drums that contain a listed hazardouswaste (F003) are combined with 20 drums thatcontain an ignitable hazardous waste (D001).The bulked waste does not exhibit thecharacteristic of ignitability.

Activity 2: A listed hazardous waste sludge (F006) iscombined with various residues removed fromvats in a plating line. The bulked waste does notexhibit the toxicity characteristic.

Determine if the bulked wastes are hazardous under RCRA.

EPA 34

The Contained-In Policy

!Applies primarily to contaminated environmental media, such as contaminated soils

!Occurs on a case-by-case basis

!Lacks definitive guidance or regulations determining appropriate contained-in levels

EPA 35

RCRA ARARs for On-Site Storage Units

!Common RCRA action-specific ARARs for remedial alternatives involving on-site storage include:

» Accumulation time, closure, and other general requirements

» Containers and tanks

» Temporary units

» Staging piles

» Waste piles

EPA 36

Accumulation Time, Closure, and Other General Requirements

!Temporary storage of waste for less than 90 days addressed at 40 CFR 262.34

!Only certain units may be used for temporary storage

!Includes general requirements for closure, preparedness and prevention, and labeling

EPA 37

Containers

!Standards are in 40 CFR Parts 264 or 265 Subpart I

!Containers must be in good condition, compatible with the waste, closed during storage, and provided with secondary containment

!Special regulations apply for managing ignitable, reactive, and incompatible wastes

!Spilled or leaked waste must be removed as needed

EPA 38

Tank Systems

!Standards are in 40 CFR Parts 264 and 265 Subpart J

!Certain tanks are exempted from regulations

!Require secondary containment and run-on and run-off controls

!Must be equipped with spill prevention controls

!Must have leak detection system and spill response program

!Special requirements apply to ignitable, reactive, and incompatible wastes

EPA 39

Temporary Unit

!Accommodates the non-land-based storage of remediation waste

!Time of operation is limited

EPA 40

Staging Pile

!A staging pile is a new unit for managing remediation waste created by the HWIR-Media rule

!Waste managed in a staging pile is not subject to LDRs or MTRs

!Mixing, sizing, blending,or other physical operations are allowed, but no “treatment”

EPA 41

Requirements for Staging Pile

!Performance standards

»Must facilitate remedy

»Must be designed to prevent releases

»Must not operate for more than two years

»Must be closed properly

(continued)

EPA 42

Requirements for Staging Pile

!Factors for design

» Length of operation

» Volume to be stored

» Waste characteristics

» Potential for releases

» Environmental factors at the facility

» Potential for exposure

!Special provisions for ignitable, reactive, and incompatible wastes

EPA 43

Waste Piles

!Standards are in 40 CFR Parts 264 or 265 Subpart L

!Waste placed into a waste pile is subject to land disposal restrictions

!Include substantive requirements for liners, leachate collection, run-on and run-off controls, groundwater monitoring, and closure

EPA 44

RCRA ARARs for On-Site Treatment and Disposal Units

!Potential RCRA action-specific ARARs for:

»Combustion and thermal treatment technologies

»Stabilization/solidification

»Bioremediation

»Disposal units

EPA 45

Combustion and Thermal Technologies

! Includes soil vapor extraction, low temperature thermal desorption, burning in boilers or industrial furnaces, and incineration

!Potential RCRA action-specific ARARs

!40 CFR Part 264 Subpart O/40 CFR Part 63 Subpart EEE (incinerators)

!40 CFR Part 266 Subpart H (boilers and industrial furnaces)

!40 CFR Part 264 Subpart X (miscellaneous units)

(continued)

EPA 46

Combustion and Thermal Technologies

!Technology performance standards

»Destruction and removal efficiency

»Metals, principal organic hazardous constituents, dioxin, particulate matter, chlorine

»Land Disposal Restriction treatment standards

!Operating and monitoring requirements

!Management of treatment residues

!Closure

EPA 47

Stabilization and Solidification

!In-situ and ex-situ treatment used to reduce mobility of hazardous constituents in soils, sludges, and other wastes


»Standards for containers, tanks, temporary units, or CAMUs

»RCRA land disposal restrictions

»Final cover, closure and post-closure, and groundwater monitoring

EPA 48

Bioremediation

!In-situ or ex-situ process that uses microorganisms to degrade organic contaminants in soils, solids, or sludge


»Groundwater monitoring

»Waste piles, land treatment units, treatment-only CAMUs

EPA 49

Disposal Units

! Includes landfills, corrective action management units, or other areas where wastes are left in place


» 40 CFR Part 264 and 265 Subpart N (landfills)

» 40 CFR 264.552 (CAMUs)

» Subtitle C final cover regulations (40 CFR 264.310 or 265.310)

» Subtitle D final cover regulations (40 CFR 258.60)

» Land disposal restrictions

» Closure and post-closure care

» Groundwater monitoring

EPA 50

Area of Contamination

!Discrete area of contamination that equates to a single RCRA land-based unit

!Movement of wastes within an AOC does not trigger LDRs or minimum technology requirements (MTRs)

!AOC concept is only applicable to remediation wastes

EPA 51

Corrective Action Management Unit

!A special type of land-based unit created for the management of remediation waste

!Only certain wastes are eligible for management in CAMUs

!Design standards for CAMUs where waste will remain after closure include:

» Liner requirements

» Caps

» Corrective action for any releases

(continued)

EPA 52

Corrective Action Management Unit

!Principal hazardous constituents (PHCs) in wastes must meet treatment standards before placement in a CAMU

!CAMUs that are used for treatment or storage only are subject to requirements for staging piles

!A CAMU must be designated in an AM or ROD

!“Grandfathered” CAMUs

EPA 53

Differences Between an AOC and CAMU

!Waste may be treated ex-situ and placed in a CAMU

!A CAMU may be located in an uncontaminated area

!Wastes may be consolidated in CAMUs from areas not contiguously contaminated

!The recent CAMU rulemaking does not affect use of AOCs

EPA 54

Pump-and-Treat Remedies

!Underground injection of groundwater contaminated with hazardous waste frequentlyoccurs as part of CERCLA response actions

!Underground injection is defined as “land disposal”for purposes of the LDR program

!Section 3020 of RCRA addresses the underground injection of hazardous waste in the context of RCRA and CERCLA cleanups

(continued)

EPA 55

Pump-and-Treat Remedies

!Under EPA policy, reinjected groundwater is exempt from compliance with LDRs provided:

»It is treated before reinjection (both ex-situ and in-situ)

»The cleanup is protective of human health and the environment

»The injection is part of response action under CERCLA Section 104 or 106 or RCRA corrective action

EPA 56

Land Disposal Restrictions

!Purpose of the LDRs

!Definition of land disposal for purposes of the LDRs

!LDRs “attach” to the hazardous waste at the point of generation

(continued)

EPA 57

Land Disposal Restrictions

!Major regulations involved (40 CFR Part 268):

»Identification of restricted wastes

»Determination of treatment standards

»Prohibitions against dilution and storage

»Compliance with tracking and recordkeeping requirements

»Variances and petitions from the LDR treatment standards

EPA 58

Application of LDRsCase Study

The following activities occurred during a CERCLA remedial action:

Action 1: 50 drums of a RCRA-listed (F005) spent solvent are sent to an off-site TSDF. It is unknown how long the drums have been stored at the site.

Action 2: An abandoned impoundment contains sludge that was disposed before 1979. The sludge is removed from the impoundment for disposal and determined to exhibit the characteristic of toxicity.

Action 3: Contaminated soil is excavated near a tank that held a proprietary product containing a mixture of various solvents (none of the solvents was a sole active ingredient). The soil does not exhibit any characteristics.

Action 4: An impoundment contains a listed hazardous waste that was disposed after the effective date of LDRs. A proposed alternative is to cap the impoundment with waste in place.

Determine whether the RCRA LDRs apply to any of the wastes.

EPA 59

Identification of Restricted Wastes

!Wastes subject to the LDR program are identified under 40 CFR Part 268 Subpart C

!Wastes subject to the LDR program are referred to as “restricted wastes,” and wastes that cannot be land disposed are called “prohibited wastes”

!Most hazardous wastes are covered under the LDR program

EPA 60

Treatment Standards

!Generators must determine whether the waste must be treated before it can be land disposed

!Definition of treatment standard

!Treatment standards are established based on BDAT and expressed in several manners

!“Treatability groups” and “treatment subcategories”

!Treatment standards are set forth at 40 CFR Part 268 Subpart D

(continued)

EPA 61

Treatment Standards

!Universal Treatment Standards (UTS)

!Treatments standards for Underlying Hazardous Constituents (UHCs)

!Alternative treatment standards

»Lab packs

»Hazardous debris

»Contaminated soils

EPA 62

Determination of Treatment Standards

!Identify each applicable RCRA hazardous waste code for the waste

!Determine the waste’s treatability group, subcategory (if applicable), and alternative treatment standard (if applicable)

!Determine the regulated constituents if the waste is F001-F005 and F039

!Determine if UHCs require treatment for characteristic wastes

EPA 63

LDR Treatment StandardsCase Study

Three 55-gallon drums of spent TCE solvent must be disposed of. The TCE was used to degrease metal parts at a plating facility.

Determine the applicable treatment standard for the waste.

(continued)

EPA 64

LDR Treatment StandardsCase Study

A 55-gallon drum of corrosive liquid requires disposal. The liquid was sampled and the analytical results are shown below:

Constituent/Property ValuepH 13Chromium 0.5 mg/LLead 2 mg/LTotal Organic Carbon >1%

Determine the applicable treatment standard for the liquid.

EPA 65

Alternative Treatment Standards for Contaminated Soil

!Creates a new treatability group: contaminated soils

!Provides the option of meeting LDR standards for contaminated soil versus the standard established for existing industrial wastes

!Treatment standard requires that the concentrations of hazardous constituents be reduced by 90 percent, capped at 10 times the UTS

(continued)

EPA 66

Alternative Treatment Standards for Contaminated Soil

!Measurement of the 90 percent reduction must be consistent with UTS

!A treatability variance for soils is not required

!Treatment required for UHCs present at 10 times their respective UTS

EPA 67

Prohibitions Against Dilution and Storage

!Dilution prohibition (40 CFR 268.3)

!Storage prohibition (40 CFR 268 Subpart E)

EPA 68

Variances and Petitions From the LDR Treatment Standards

!Treatability variance

!Alternative treatment method petition

!No-migration petition

!Delisting

EPA 69

Treatability Variance

!Allowance for treatability variance from treatment standard

!Requirement that waste be physically or chemically different

!Applicability to waste mixtures, derived-from residues, and environmental media

EPA 70

Tips on Treatability Variances

!Authority to grant a treatability variance is delegated to EPA regional offices

!No public comment period is required for removal actions, but the variance should be included in the Administrative Record

!A variance can be a stand-alone document or can be included in an Action Memorandum or Record of Decision

!A concurrence memorandum issued by the RCRA program usually is required

EPA 71

Special Waste Types

!PCBs

!Dioxins

!Used oil

!Radioactive waste

!Mixed waste

!Laboratory chemicals

!Asbestos

!Gas cylinders

!Shock-sensitive or reactive waste

!Biological waste

!Mining waste

!Hazardous debris

!Universal waste

! IDW

!UXO and munitions

!Empty drums

EPA 72

Polychlorinated Biphenyls

!Origins of the waste: transformers, capacitors, or hydraulic fluid

!Regulatory status: TSCA (40 CFR part 761)

!Cleanup levels: OSWER Dir. No. 9355.4-01, PCB spill cleanup policy under TSCA and the June 1998 PCB regulations under TSCA

!Off-site treatment and disposal requirements: incineration or disposal in TSCA or RCRA Subtitle C landfill with special manifesting requirements

!Options for on-site treatment and disposal: separation, incineration, and stabilization

EPA 73

PCBsCase Study

The AM cites TSCA as an ARAR and states that the PCB oil in the transformers will be incinerated and that PCB-contaminated soil will be disposed of in a chemical waste landfill. The state representative for the site claims that theTSCA anti-dilution provisions set forth at 40 CFR 761.1(b) require that PCB contamination be treated and disposed of on the basis of the original form of the PCBs. He says that site records show clearly that the PCBs in the soil originated from spilled transformer oil and therefore, in order to comply with the ARAR, the PCB-contaminated soil also must be incinerated.

What is your response?

EPA 74

Dioxins

!Origins of the waste: chlorinated phenols, incineration of chlorine-based solvents, and wood treatment

!Regulatory status: RCRA (40 CFR Part 261)

!Cleanup levels: risk-based tetrachlorodibenzo-p-dioxin(TCDD) equivalents

!Off-site treatment and disposal requirements: incineration to meet RCRA LDRs (40 CFR Part 268)

!Options for on-site treatment and storage: incineration, bioremediation, or storage

EPA 75

Used Oil

!Origins of the waste: engine maintenance, metal machining, rerefining, and leaking USTs

!Regulatory status: RCRA (40 CFR Part 279), TSCA (40 CFR 761.20(e))

!Cleanup levels: risk-based

!Off-site treatment and disposal requirements: recycling or energy recovery subject to RCRA

!Option for on-site treatment and disposal: biological treatment or MNA

EPA 76

Radioactive Waste

!Origins of the waste: radium from painting, mining, or illegal disposal

!Regulatory status: the Atomic Energy Act of 1954 (AEA) and requirements imposed by the Nuclear Regulatory Commission (NRC)


!Off-site treatment and disposal requirements: disposal subject to NRC and transportation subject to NRC and DOT

!Options for on-site treatment and disposal: separation, stabilization, or land disposal

EPA 77

Mixed Waste

!Origins of the waste: DOE, DoD, and commercial facilities

!Regulatory status: RCRA, AEA, and NRC (10 CFR Parts 20-71)


!Off-site treatment and disposal requirements: disposal subject to both RCRA and NRC unless conditional exemption criteria are met

!Option for on-site treatment and disposal: combination of treatment technologies or disposal in landfill that meets RCRA and NRC requirements

EPA 78

Laboratory Chemicals

!Origins of the waste: industrial laboratories


!Cleanup level: removal of chemicals

!Off-site treatment and disposal requirements: disposal or recycling and reuse subject to RCRA and DOT

!Option for on-site treatment and disposal: characterizing, packaging, and disposal by a TSDF

EPA 79

Asbestos

!Origins of the waste: building, pipe, and tank insulation

!Regulatory status: National Emissions Standard for Hazardous Air Pollutants (NESHAPs) under the CAA and TSCA

!Cleanup level: NESHAPs

!Off-site treatment and disposal requirements: disposal regulated under NESHAPs (40 CFR Part 61); transportation regulated under DOT

!Option for on-site treatment and disposal: land disposal

EPA 80

Gas Cylinders

!Origins of the waste: manufacturing

!Regulatory status: RCRA (40 CFR Part 261), OSHA, and DOT

!Cleanup level: removal

!Off-site treatment and disposal requirements: disposal regulated under RCRA; transportation regulated under DOT

!Options for on-site treatment and disposal: venting inert gases, chemical treatment of toxic gases, or detonation

EPA 81

Shock-Sensitive or Reactive Wastes

!Origins of the waste: laboratories and manufacturing operations


!Cleanup level: removal

!Off-site treatment and disposal requirements: disposal and treatment regulated under RCRA

!Options for on-site treatment and disposal: detonation or slow mixing

EPA 82

Biological Wastes

!Origins of the waste: illegal disposal of medical waste, animal carcasses, terrorist acts, and wastes from floods

!Regulatory status: state regulations

!Cleanup level: removal or decontamination

!Off-site treatment and disposal requirement: incineration or disposal in landfills subject to state regulations

!Options for on-site treatment and disposal: off-site handling recommended

EPA 83

Mining Wastes

!Origins of the waste: extraction, beneficiation, and processing of ores and minerals

!Regulatory status: RCRA (40 CFR Part 261) and state regulations

!Cleanup level: risk-based

!Off-site treatment and disposal requirements: disposal regulated under RCRA or special state regulations

!Options for on-site treatment and disposal: consolidation and containment, solidification and stabilization, and separation of metals

EPA 84

Hazardous Debris

!Origins of the waste: manufacturing facilities and chemical processing facilities


!Cleanup level: removal and compliance with RCRA LDR standards (40 CFR 268.45)

!Off-site treatment and disposal requirements: treatment and disposal regulated under RCRA

!Options for on-site treatment and disposal: treatment methods listed in the alternative treatment standards for hazardous debris

EPA 85

Hazardous DebrisCase Study

An OSC is working on a site at which metal debris is present (tanks that were cut up by the former owner of the site). The debris is contaminated with tar residue from the production of coke (RCRA hazardous waste code K142). An extraction technology is proposed to treat the debris.

To what level must the debris be treated?

EPA 86

Universal Wastes

!Origins of the waste: batteries, pesticides, thermostats, and lamps

!Regulatory status: RCRA (40 CFR Part 273), DOT, and FIFRA

!Cleanup levels: recycling and reclamation or off-site disposal

!Off-site treatment and disposal requirements: recycle, reclamation, or disposal with shipment of waste to destination facilities subject to 40 CFR Part 273

!Options for on-site treatment and disposal: interim storage that meets substantive standards at 40 CFR Part 273

EPA 87

Investigation-Derived Wastes

!Origins of the waste: CERCLA field activities

!Regulatory status: RCRA, CWA, CAA, TSCA, and state laws

!Cleanup levels: consistent with the final remedy for the site

!Off-site treatment and disposal requirements: consistent with the disposal of other similar removal wastes at the site

!Options for on-site treatment and disposal: return indigenous IDW to the source or containerize IDW until the final remedy is implemented

EPA 88

UXO and Munitions

!Origins of the waste: Formerly Used Defense Sites (FUDS), ordnance depots, ammunition plants, scrap yards, Base Realignment and Closure (BRAC) facilities

!Regulatory status: CERCLA, DERP, RCRA, and DoDregulations

!Cleanup levels: UXO Management Principles and 40 CFR Part 264 Subpart X

!Off-site treatment and disposal requirements: RCRA Military Munitions Rule, 40 CFR Part 264 Subpart X, and DoD regulations (DDESB)

!Options for on-site treatment and disposal: EOD and OB/OD for UXO, various technologies for contaminated soils and groundwater

EPA 89

Empty Drums

!Origins of the waste: barrel recyclers and chemical facilities and distributors

!Regulatory status: RCRA

!Cleanup levels: RCRA empty container rule (40 CFR 261.7) or removal

!Off-site treatment and disposal requirements: disposal subject to RCRA, recycling, or reclamation

!Options for on-site treatment and disposal: interim storage, decontamination, or disposal

EPA 90

Off-Site Treatment and Disposal

!ARARs for off-site actions!Selecting an appropriate TSDF!Approval process!Preparing a waste profile!Modes of transportation!DOT requirements for transporting hazardous materials

» Pre-transport requirements under RCRA» Transportation security plans

!Hazardous waste manifest and RCRA LDR tracking requirements

EPA 91

ARARs for Off-site Action

!Federal requirements

!State requirements

!Local requirements

EPA 92

Selecting an Appropriate TSDF

!Identify TSDFs that accept the waste stream

!Resources available for identifying TSDFs

»RCRAInfo (formerly RCRIS and BRS)

»Commercial services

!Check compliance status of the TSDFs(CERCLA Off-Site Rule at 40 CFR 300.440)

EPA 93

Approval Process

!Prepare waste profile or waste characterization report

!Submit waste profiles to TSDFs in compliance with Off-Site Rule

!Assess evaluation factors

!Schedule disposal of waste

EPA 94

Elements of a Waste Profile

!Waste profile or waste characterization report

!Elements of a waste profile

» Generator information

» Waste information

» Regulatory information

» Chemical composition

» Physical characteristics

» Toxicity characteristics

» Shipping and handling information

» Generator certification

EPA 95

Practical Considerations When Completing a Waste Profile

!Tailoring information to the treatment and disposal option

!Estimating concentrations of analytes

!Using ranges of concentrations

EPA 96

Modes of Transportation

!Selection of type of transportation for waste

!Types of transportation

» Dump trailers

» Roll-off containers

» Box van trailers

» Flat-bed trailers

» Bulk liquid haulers

» Rail cars

» Vacuum trailers

» Insulated trailers

» Overseas barges

EPA 97

Rail Shipments

!Advantages

» Large capacity

» Ease of loading

» Electronic tracking of shipment

» Cost-effectiveness

!Disadvantages

» Unavailability

» Inaccessibility

EPA 98

DOT Requirements for Transporting Hazardous Materials

!Hazardous Materials Regulations (HMR) govern transportation of hazardous materials (49 CFR parts 100-185)

!Definition of hazardous material

!HMR requires information to communicate hazards during transportation

»Hazardous Materials Table (HMT) at 49 CFR 172.101 is critical to compliance

EPA 99

Information in the HMT(49 CFR 172.101)

!Proper shipping name

!ID number

!Hazard class

!Packing group

!Labeling and markings

!Restrictions and limitations

EPA 100

Proper Shipping Names Under DOT

!Hazardous materials are assigned proper shipping names in the HMT

!The proper shipping name must be used on hazardous waste manifests or DOT shipping papers

!Examples of proper shipping names for hazardous wastes are:

» Waste flammable liquids, n.o.s.

» Waste flammable liquids, corrosive,n.o.s. (ethanol, sodium hydroxide)

» Waste methane

EPA 101

DOT Shipping NamesCase Study

The following materials are sent off-site for disposal during a removal action:

»Spent solvent mixture containing toluene, xylenes, and benzene (F003 and F005)

»Contaminated soil that exhibits the toxicity characteristic for arsenic (D004)

»Used oil

Determine the proper DOT shipping name.

EPA 102

Hazard Classes Under DOT

!Class 1 - explosives

!Class 2 - gases

!Class 3 - flammable liquids

!Class 4 - flammable solids

!Class 5 - oxidizing substances and organic peroxides

!Class 6 - toxic (poisonous) and infectious substances

!Class 7 - radioactive material

!Class 8 - corrosives

!Class 9 - miscellaneous dangerous goods

EPA 103

Packing Groups Under DOT

!Packing groups

»Group I

»Group II

»Group III

!Criteria for packing groups

EPA 104

Placards Under DOT

!Placard colors, symbols, labels, and numbers

» Flammables: red

» Explosives: orange

» Nonflammable gases: green

» Corrosives: black and white

» Poisons: black and white

» Oxidizers: yellow

!Exceptions to placarding requirements

EPA 105

Label and Marking Requirements for Hazardous Waste Containers Under DOT

!Label information required

!Markings required

EPA 106

RCRA Regulations That Apply to Off-Site Transportation of Hazardous Waste

!Pre-transport requirements

»Placarding, labeling, and marking

!Hazardous waste manifest

!EPA identification numbers

!LDR tracking requirements

EPA 107

Hazardous Waste Manifest

!Manifest is required for off-site transportation of hazardous waste

»EPA ID numbers are necessary

»State hazardous waste manifest may be required

!Selection of the appropriate manifest: Federal or state?

!Definition of “off-site”

EPA 108

RCRA Manifest System

Transporter• Signs and dates manifest• Gives copy of manifest to generator• Obtains TSD facility signature and date

of acceptance• Keeps one copy of manifest• Gives TSD facility remaining copies of

manifest (40 CFR 263.20)

Generator• Initiates manifest • Signs manifest (certification)• Obtains transporter’s

signature and date of acceptance

• Keeps one copy of manifest

• Gives transporter remaining copies of manifest (40 CFR 262.23)

TSD Facility• Completes manifest• Signs and dates

manifest• Notes manifest

discrepancies• Gives copy of manifest

to transporter• Sends copy of signed

manifest to generator within 30 days

• Keeps one copy of manifest (40 CFR 264.71 or 265.71)

EPA 109

LDR Tracking Requirements

!Restricted wastes require the following documentation:

»One-time LDR notification (with initial shipment) if waste does not meet treatment standards

»One-time notice and certification if waste meets treatment standards

»Waste analysis information (when available)

(continued)

EPA 110

LDR Tracking Requirements

!New notifications or certifications must be sent if the waste or designated facility changes

!Tracking requirements have been established for other shipping and waste scenarios

EPA 111

Transportation Security Plans

!In response to 9-11, DOT issued regulations concerning security of transportation of hazardous materials

!Persons who offer for transportation or transport certain hazardous materials must:

»Develop a transportation security plan

»Implement the plan

!Approval of plans

EPA 112

Hazardous Materials Subject to Security Plans

! Class 7 (radioactive) material

! Greater than 55 gallons of a Division 1.1, 1.2, or 1.3 explosivematerial

! Greater than 1 L per package of a material poisonous by inhalation (Hazard Zone A)

! Hazardous material in bulk packaging having capacity equal or greater than 3,500 gallons liquids or gases of 468 cubic feet for solids

! Hazardous material in bulk packaging of 5,000 pounds gross weight or more of one class of hazardous materials for which placarding is required

! Select toxin agent or toxin regulated by CDC under 42 CFR 73

! A shipment that requires placarding under 49 CFR Part 172 Subpart F

EPA 113

Components of a Security Plan

!Personnel security

!Unauthorized access

!En route security

Documents

Overview of Workshop - TrainexSection 121 of CERCLA and the NCP require remedial actions to attain ... !Enacted in 1976 to address problems with improper ... !Amended the Solid Waste