USDA Forest Service Region 2 RCRA Hazardous Waste

USDA Forest Service Region 2 RCRA – Hazardous Waste Management And Pollution Prevention Tools for Compliance This presentation was adapted from a National Park Service, Intermountain Region Office, document.

What is RCRA ? The Resource Conservation and Recovery Act (RCRA) is the legislation passed in 1976 by the United States Congress which requires the management and disposal of hazardous waste in accordance with USEPA regulations.

Generator Any person, by site, whose act or process produces hazardous waste identified or listed in Part 261 or whose act first causes a hazardous waste to become subject to regulation.

3 Types of Generators n Large Quantity Generator (LQG) n Small Quantity Generator (SQG) n Conditionally Exempt Small Quantity Generator (CESQG)

Generator Summary Chart Benefits of Being a CESQG

Pollution Prevention Reduce liability and compliance burden by changing your generator status through practices which: n Reduce n Avoid n Eliminate the generation of hazardous waste.

Pollution Prevention Suggestions Latex Paint for Oil-Based Paint Non Ignitable Solvents Low Mercury Bulbs

A Generator Must Determine: Is the material a Solid Waste n Is the Solid Waste Excluded n Is the Solid Waste Listed n Is the Solid Waste Characteristic n

A Generator Must Determine: n Is the material a Solid Waste Is the Solid Waste Excluded n Is the Solid Waste Listed n Is the Solid Waste Characteristic n

Solid Waste Definition n 40 CFR 261. 2(a)(b) - A solid waste is any discarded material that is: • abandoned through (1) disposal, (2) burning or incineration, or (3) accumulation, storage, or treatment; or • recycled; or • Inherently waste-like (Dioxins & Furans) n And is not excluded by regulation or variance

Solid Waste Definition A nine year old product having a 2 year shelf life is probably a waste. Manufactured 10/91 Shelf Life 24 months

Solid Waste Definition n 40 CFR 261. 2(c) - Materials are solid wastes if they are recycled by: • • Use in a manner constituting disposal Burning for energy recovery Reclaiming Accumulating speculatively

Solid Waste Definition n 40 CFR 261. 2(e) - Materials are not solid waste if they are recycled by: • Use or reuse as ingredients • Use or reuse as substitutes for commercial products • Returned to the original process without being reclaimed

A Generator Must Determine: n Is the material a Solid Waste n Is the Solid Waste Excluded Is the Solid Waste Listed n Is the Solid Waste Characteristic n

Exclusions Solid Waste Exclusions n Hazardous Waste Exclusions n

Household Hazardous Waste Household waste is excluded from regulation as a hazardous waste. n Visitor and resident waste, when mixed with District waste, can be regulated as hazardous waste. n Keep visitor waste separate, and it remains excluded. n

Hazardous Waste Exclusions n n n n n Crop/Animal waste returned to the Ground Mining Overburden returned to the site Fly ash, bottom ash, slag waste, and flue gas emission control waste Oil/gas exploration wastes Some trivalent chromium wastes (tanneries) Ore/mineral extraction, beneficiation, and processing wastes Cement kiln dust Arsenic treated wood product waste Some petroleum contaminated wastes Used CFC’s when reclaimed

Drained used oil filters Used oil filters are excluded from regulation as hazardous waste when they are properly drained. n If not properly drained, filters may be hazardous waste. n

Sample Exclusion Meet the exclusion requirements n Chain of Custody n Containers n Test Methods n

A Generator Must Determine: Is the material a Solid Waste n Is the Solid Waste Excluded n n Is n the Solid Waste Listed Is the Solid Waste Characteristic

Hazardous Waste Definition n Listed Waste (There are 4 Lists) • Non-specific sources (F listed waste) • Specific sources (K listed waste) • Discarded commercial chemical products (including spill residues) – Acutely toxic (P listed) – Toxic (U listed)

Non-specific sources (“F” listed waste) n Solvents • • n “spent” used for it’s solvent properties 10% prior to use Try to avoid regulated solvents through product substitution Other F Wastes

Specific sources (“K” listed waste) n 17 Industries are included in the “K” list n USDA Forest Service wastes are not included

Commercial Chemical Products Acutely toxic (P listed) n Toxic (U listed) n Products, when discarded, are hazardous waste if the product appears on one of the lists. Spill residues of listed products are also hazardous waste when discarded.

Commercial Chemical Products Examples Toxic (U-Listed) Acutely Toxic (P-Listed) Aldicarb – P 070 Heptachlor – P 059 Methyl Parathion – P 071 Parathion – P 089 Phorate – P 094 Creosote – U 051 Lindane – U 129 Chlordane – U 036

A Generator Must Determine: Is the material a Solid Waste n Is the Solid Waste Excluded n Is the Solid Waste Listed n n Is the Solid Waste Characteristic

Hazardous Waste Definition n 261. 21 - Ignitability (D 001) • • Flash Point < 140°F Flammable Solid Ignitable Compressed Gas Oxidizer

Hazardous Waste Definition n 261. 22 - Corrosivity (D 002) • Aqueous with p. H less than or equal to 2 or greater than or equal to 12. 5 • Liquid that corrodes steel at a rate greater than 6. 35 mm per year using the NACE test

Hazardous Waste Definition n 261. 23 - Reactivity (D 003) • Normally unstable • Reacts with water to create explosion or toxic gases • Sulfide or cyanide bearing waste • Capable of detonation or explosion • Class A or B explosive

Hazardous Waste Definition n 261. 24 - Toxicity (D 004 - D 043) • Must fail the Toxicity Characteristic Leaching Procedure (TCLP) • Affects specified metals, pesticides, and organics

“Special” Waste Issues “Mixture” Rule - 261. 3 (a)(2)(iii and iv) n “Derived From” Rule - 261. 3 (c)(2)(i) n “Contained in” interpretation n “Empty” Container - 261. 7 n

Lead Containing Waste Paint removed from old buildings n Spent Batteries n • Lead-Acid (40 CFR 266, Subpart G) • Ni-Cd (Universal Waste – 40 CFR 273)

PCBs Regulated under the Toxic Substances Control Act (TSCA) n May be present in old transformers and in old lamp ballasts. n Must be managed separate from your hazardous waste. n

Asbestos Regulated under the Toxic Substances Control Act (TSCA) n May be in floor tile, insulation, or some adhesives. n Check for asbestos before doing any building demolition or restoration. n

Used Oil Regulated under RCRA, but generally not as a hazardous waste. n All used oil should be recycled. n Do not mix other waste fluids with used oil. n

EPA Identification Number Large Quantity and Small Quantity Generator’s cannot treat, store, dispose, transport, or offer for transportation, hazardous waste without having an EPA ID Number. (USEPA does not require CESQG’s to obtain an EPA ID Number; however, many states and transporters require them)

Hazardous Waste Accumulation LQG may accumulate hazardous waste for 90 days or less, provided: Waste is kept in tanks or containers n Tanks and Containers are labeled with the words “Hazardous Waste” n Date upon which accumulation began is clearly marked and visible n

Hazardous Waste Accumulation (continued) LQG may accumulate hazardous waste for 90 days or less, provided maintain compliance with Part 265 requirements for: n n n Preparedness and prevention Emergency preparedness Personnel training And comply with container treatment restrictions in Part 268

Hazardous Waste Accumulation (continued) SQG may accumulate up to 180 days, provided: No more than 6, 000 kilograms is accumulated n Contents are marked on each container n Comply with container use and management requirements SQG may accumulate up to 270 days if greater than 200 miles to a suitable TSD. n

Hazardous Waste Accumulation (continued) CESQG may accumulate up to 1, 000 kilograms of hazardous waste without a permit and with no formal limit on the accumulation time.

“Satellite” Accumulation May accumulate up to 55 gallons of hazardous waste, or 1 quart of acute hazardous waste, at or near the point of generation, provided: n n n Under control of the process operator Containers are closed and in good condition Contents are marked on outside of container

Pre-Transport Requirements Waste must be packaged, labeled and marked according to Department of Transportation Requirements n Containers must be labeled with the words “Hazardous Waste” n Must offer appropriate placards to transporter n

Hazardous Waste Manifest A Generator who transports or offers for transportation, must prepare a manifest. • Sources of Manifests • Use of the Manifest • Land Disposal Restriction Notification

Hazardous Waste Manifest n Using the Manifest n Completing Manifest a

Manifest - Small Quantity Generator n SQG’s need not complete a manifest when the material is being reclaimed, provided: • The reclaimer transports the waste • Generator keeps a copy of the reclamation agreement

Manifest - Conditionally Exempt Small Quantity Generator CESQG is exempt from the manifest requirements. n Your waste disposal service provider or your state environmental agency may still require a manifest. n

Recordkeeping Generators must keep copies of the following for 3 years Manifests n Biennial Reports n Test results from waste samples Training records for employees must be kept for three years after employment ends n

Choosing a TSDF Your liability is in the hands of your waste vendor n Price and Distance should not be the sole criteria n Don’t delegate your responsibility to a Transporter or Broker n

Material Safety Data Sheets Good source of product information n Look for disposal recommendations n Not the sole source for waste characterization n

Universal Wastes (Part 273) n n Rule addresses hazardous waste batteries, unused, recalled pesticides, mercurycontaining thermostats, and fluorescent lights. Standards for universal waste handlers (e. g. , generators, and facilities that store or accumulate wastes) based on two size categories--accumulate less/more than 5, 000 kilograms.