Waste Classification Overview and Examples TCEQ Environmental Trade

Waste Classification Overview and Examples TCEQ Environmental Trade Fair Austin Convention Center May 17, 2017 Sheila Meyers Waste Permits Division Industrial & Hazardous Wastes Section

Presentation Guidelines For The Based Upon Classification And Coding TCEQ of Industrial and Regulatory Hazardous Wastes Guidance RG 022 Rules are found in 30 Texas Administrative Code (TAC) Sections (§§) 335. 501 -. 521 (Subchapter R).

Presentation Covers 6 Sections 1. Who Needs to Comply With 30 TAC § 335 Subchapter R? 2. Waste Classes 3. Process Knowledge, Testing, and Documentation 4. Texas Waste Code Formula 5. Notification Requirements and Forms 6. Examples

These Sections Will Teach You The Following: • Definitions of solid waste, hazardous waste and nonhazardous waste; • Identify which waste you must classify and code and how to do it; • Documentation needed to support your waste classification; • 8 -character Texas waste code; and • How to notify the TCEQ about your wastes and which TCEQ form to use.

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S 1. Who Needs to Comply With 30 TAC § 335 Subchapter R? • Generators of industrial and hazardous wastes generated in Texas for treatment, storage and/or disposal; and • Wastes generated outside of Texas and sent to Texas for treatment, storage and/or treatment. What are you complying with?

S 1. Who Needs to Comply with 30 TAC § 335 Subchapter R? Regulatory Compliance Having each hazardous and nonindustrial waste stream identified by an 8 -character Texas waste code which gives information about its origin, general nature and hazardous status to ensure proper and safe disposal. This will be covered in more detail in Section 4 – Texas Waste Code Formula

S 1. Who Needs to Comply With 30 TAC § 335 Subchapter R? To Understand Compliance Better Let’s Introduce Some Terms: Solid Waste Hazardous Waste Industrial Waste

S 1. Who Needs to Comply With 30 TAC § 335 Subchapter R? What is a Solid Waste? • A material is a solid waste when it can no longer be used for its intended purpose and it will be disposed, reclaimed, or recycled. • A solid waste can be hazardous, nonhazardous, industrial or municipal (nonindustrial).

S 1. Who Needs to Comply with 30 TAC § 335 Subchapter R? What is a Hazardous Waste? • Can be found in Title 40 Code of Federal Regulations (CFR), Part 261. • Only materials that meet the definition of solid waste under RCRA can be classified as hazardous waste and are subject to more regulations • Known to be harmful or potentially harmful to human health or the environment.

S 1. Who Needs to Comply With 30 TAC § 335 Subchapter R Please keep in mind – there are many wastes that are quite harmful to human health or the environment which are not regulated as hazardous waste (e. g. , asbestos, PCBs) What has Texas done about this?

S 1. Who Needs to Comply with 30 TAC § 335 Subpart R? Industrial Waste Categories • Texas has created categories of industrial wastes (Class 1, 2, and 3), with Class 1 considered to be potentially threatening to human heath and the environment. Industrial wastes, by definition, are nonhazardous.

S 1. Who Needs to Comply with 30 TAC § 335 Subchapter R? Examples of Industrial Wastes Industrial wastes result from (or incidental to) industry operations, manufacturing, mining or agriculture (e. g. , power plants, manufacturing facilities, laboratories serving the industry and farms).

S 1. Who Needs to Comply with 30 TAC 335 Subchapter R? In Summary Only generators of nonindustrial (municipal) and nonhazardous wastes, are excluded from requirements in 30 TAC Subchapter R.

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S 2. Waste Classes Hazardous Nonhazardous Listed Industrial F, K, P &U Class 1 Class 2 Characteristic Ignitability Reactivity Corrosivity Toxicity Class 3

S 2. Waste Classes You Are Ready to Make a Hazardous Waste Determination • Classifying your waste is called “making a hazardous waste determination” in federal regulatory language. • All waste generators should work through Part 1 of the RG - 022 checklist to determine if the waste is hazardous as defined by EPA.

S 2. Waste Classes How to Make a Hazardous Waste Determination Step #1 – Determine inventory of all wastes generated, also called waste streams. • Overall flow of wastes from your ordinary operations or processes. • Within this overall flow of waste, a number of particular waste streams may be identified. • Covered in Chapter 2 or RG-022

S 2. Waste Classes How to Make a Hazardous Waste Determination Waste Stream Examples Example 1: Your process produces a hazardous acidic waste, and at some point you neutralize that waste. You now have two separate waste streams. Example 2: Dewatering of sludge may produce a solid waste stream and a liquid waste stream.

S 2. Waste Classes How to Make a Hazardous Waste Determination RG-022 Table 2 -1, gives examples of some situations in which waste flow from an operation or process can produce more that one waste stream.

S 2. Waste Classes How to Make a Hazardous Waste Determination Step #2 – for each waste stream generated, recycled or reclaimed, determine if any are exempt wastes. Listings of exempt wastes can be found in 40 CFR § 261. 4 • Discharged to the POTW or a permitted NPDES outfall • • Mining overburden Household Wastes

S 2. Waste Classes How to Make a Hazardous Waste Determination Step #3 – Determine if your waste is (1) a listed hazardous waste or (2) a characteristic hazardous waste.

2 S. Waste Classes How to Make a Hazardous Waste Determination Be aware that a four-character hazardous waste code is assigned to each waste on these lists. This code is used for reporting and manifesting, and critical under the Land Disposal Restriction (LDR) regulations. This hazardous waste code is not part of the Texas Waste Code.

S 2. Waste Classes How to Make a Hazardous Waste Determination • • Listed Hazardous Waste Listed hazardous wastes are determined to always be hazardous when generated. Listed wastes fall under four categories (F, K, P and U); Description of listed wastes found in 40 CFR Part 261 Subpart D, Section 261. 31 -33. EPA Lists Over 400 Wastes as Hazardous

S 2. Waste Classes How to Make a Hazardous Waste Determination F Listed Wastes from Non-Specific Sources (40 CFR 261. 31)

S 2. Waste Classes How to Make a Hazardous Waste Determination The F-List • Contains 28 F coded wastes within 8 different categories. • Contains solvents commonly used in degreasing, metal treatment baths and sludges, wastewaters from metal plating operations, and dioxin containing chemicals and their precursors.

S 2. Waste Classes How to Make a Hazardous Waste Determination The F-List • Examples of common F-listed solvents include: benzene, carbon tetrachloride, methylene chloride, tetrachloroethylene, 1, 1, 1 -trichloroethane, acetone, chlorobenzene, CFC’s, cresols, MEK, methanol, xylene and toluene.

S 2. Waste Classes How to Make a Hazardous Waste Determination K Listed Wastes From Industry-Specific Sources (40 CFR § 261. 32)

S 2. Waste Classes How to Make a Hazardous Waste Determination The K-list • Manufacturing process waste from specific industry sources. • Listing descriptions with K-listed wastes are generally very specific and clear.

S 2. Waste Classes How to Make a Hazardous Waste Determination • The K-List Examples of K-listed manufacturing processes include: wood preservation, pigment production, chemical production, petroleum refining, iron and steel production, explosive manufacturing, and pesticide manufacturing.

S 2. Waste Classes How to Make a Hazardous Waste Determination P & U Listed Wastes (40 CFR § 261. 33)

S 2. Waste Classes How to Make a Hazardous Waste Determination P & U List • P-list and U-list wastes contain unused discarded commercial products, off-spec chemicals, container residues, and residues from chemical spills. • Only regulated if it is disposed of without being used for its intended purposes.

S 2. Waste Classes How to Make a Hazardous Waste Determination U-List • A waste is regulated under the U List only if the ingredient contained in the list is the sole active ingredient of the product that became waste, with the active ingredients being those that perform the function of the product, regardless of the concentration of those ingredients.

S 2. Waste Classes How to Make a Hazardous Waste Determination Does the waste meet one of the four characteristics? 1. Ignitable Wastes (D 001) 2. Corrosive Wastes (D 002) 3. Reactive Wastes (D 003) 4. Toxic Wastes (D 004 – D 043)

S 2. Waste Classes How to Make a Hazardous Waste Determination Characteristically Hazardous Waste Ignitability (D 001) An ignitable waste is: • a Liquid with a flash point < 140° F using an approved Flash Point test; • a non-liquids that can readily catch fire under standard temperature and pressure; • an ignitable compressed gas or a DOT oxidizer.

S 2. Waste Classes How to Make a Hazardous Waste Determination Characteristically Hazardous Waste Ignitability (D 001) • Examples of ignitable wastes: mineral spirits, naphtha, lacquer thinner, epoxy resins, oil based paints, methanol, MEK, and acetone.

S 2. Waste Classes How to Make a Hazardous Waste Determination Characteristically Hazardous Waste Corrosivity (D 002) A waste is corrosive if: • It is an aqueous waste with p. H ≤ 2. 0 or p. H ≥ 12. 5; • It is a waste that corrodes SAE 1020 steel at a rate of 0. 25 inches or more per year.

S 2. Waste Classes How to Make a Hazardous Waste Determination Characteristically Hazardous Waste Corrosivity (D 002) Examples of corrosive wastes: sodium hydroxide, hydrochloric acid, and ferric chloride.

S 2. Waste Classes How to Make a Hazardous Waste Determination Characteristically Hazardous Waste Reactivity (D 003) A waste is reactive if: • • it is normally unstable; it reacts violently with water; it generates toxic gas if exposed to water or corrosive materials; and it is capable of detonation if exposed to heat or flame.

S 2. Waste Classes How to Make a Hazardous Waste Determination Characteristically Hazardous Waste Reactivity (D 003) Examples of reactive wastes include: gunpowder, sodium metal, cyanides and some sulfides

S 2. Waste Classes How to Make a Hazardous Waste Determination Characteristically Hazardous Waste Toxicity (D 004 – D 043)) A waste that can release toxic constituents into the environment. • To determine if a waste is hazardous for Toxicity, a representative sample of the waste is subject to an EPA method known as the Toxicity Characteristic Leaching Procedure (TCLP).

S 2. Waste Classes How to Make a Hazardous Waste Determination Characteristically Hazardous Waste Toxicity (D 004 – D 043) • A waste is determined to be toxic if one or more constituents exceeds concentrations found in Table 1 at Title 40 CFR Section § 261. 24, or Table 3 -1 in RG-022. • The TCLP test is limited to 8 metals and 32 organic compounds.

S 2. Waste Classes How to Make a Hazardous Waste Determination Characteristically Hazardous Waste Toxicity (D 004 – D 043)) TCLP Testing Rule of 20 • The test utilizes a 20 -fold dilution factor. • If a standard (or total analysis) of solid sample is less than the 20 times the TCLP limit, this standard analysis can be used to show a material is nonhazardous.

S 2. Waste Classes How to Make a Hazardous Waste Determination Characteristically Hazardous Waste Toxicity (D 004 – D 043) TCLP Testing Rule of 20 • For example – the TCLP limit for lead is 5. 0 ppm. If a total analysis is conducted on a solid sample and the test result is less that 100 ppm, then the sample cannot be hazardous for TCLP lead. • If the sample result if greater than 100 ppm, the TCLP test must be run, or the waste must be managed as a hazardous waste.

S 2. Waste Classes Is your waste Class 1, Class 2 or Class 3? If a waste is not a listed waste or is not a characteristic hazardous waste, then it is not regulated as a hazardous waste. However, all industrial (nonhazardous) wastes are regulated under Texas solid waste regulations and still must be classified.

S 2. Waste Classes Is your waste Class 1, Class 2 or Class 3? Industrial Waste • Only industrial generators have a classification scheme for non-hazardous wastes. • Municipal (non-industrial) generators do not classify their non-hazardous waste streams. • Waste classes are: Class 1, Class 2, and Class 3.

S 2. Waste Classes Is your waste Class 1, Class 2 or Class 3? Class 1 Industrial Waste Examples • Contains polychlorobyphenyls (PCBs) >50 ppm; • Contain total petroleum hydrocarbons (TPH) > 1, 500 ppm; • Regulated asbestos containing materials (RACM);

S 2. Waste Classes Is your waste Class 1, Class 2 or Class 3? Class 1 Industrial Waste Examples • Liquids with a flash point ≥ 140 °F and less than 150°F; and • Solids or semi-solids that when mixed with an equivalent amount of ASTM water, produce a solution with a p. H ≤ 2. 0 or ≥ 12. 5.

S 2. Waste Classes Is your waste Class 1, Class 2 or Class 3? Class 1 Industrial Waste Examples • Wastes that leach Class 1 toxic constituents at or above the levels listed in Table 1, Appendix 1 of 30 TAC Chapter 335 Subchapter R when subjected to TCLP. Class 1 Toxic Constituents Maximum Leachable Concentrations are in Appendix C of RG-022.

S 2. Waste Classes Is your waste Class 1, Class 2 or Class 3? Class 2 Industrial Wastes Any industrial waste that is neither hazardous, Class 1, or Class 3 industrial waste.

S 2. Waste Classes Is your waste Class 1, Class 2 or Class 3? Class 2 Industrial Wastes Examples: • Empty containers < 5 gallons; • Empty containers > 5 gallons, all residues removed (RCRA empty) and rendered unusable; • Waste contaminated with < 50 ppm PBBs • Waste contaminated with < 150 TPH • Liquid waste with flash point > 65. 6° (150°F).

S 2. Waste Classes Is your waste Class 1, Class 2 or Class 3? Class 3 Industrial Wastes • Not a hazardous or Class 1 waste • Chemically inert • Cannot be a liquid • Does not decompose • Essentially insoluble {See 30 TAC § 335. 507(4)}

S 2. Waste Classes Is your waste Class 1, Class 2 or Class 3? Class 3 Industrial Wastes 7 -Day Distilled Water Leaching Test 30 TAC Chapter 335 Subchapter R Appendix 4 RG-022 Appendix F • 1 liter of deionized/distilled water added to 250 gram solid sample in flask. • 7 days later, filtered leachate may be tested by appropriate analysis.

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S 3. Process Knowledge, Testing, and Documentation Now That You Know How to Compile Your Waste, What’s Next? You will need to compile supporting documentation. • Regulations on document Requirements Found in 30 TAC Sections §§ 335. 9 – 335. 11, 335. 13 and 335. 70 • You must keep the documentation for at least 3 years after the waste is no longer generated, stored or recycled.

S 3. Process Knowledge, Testing, and Documentation Compiling Supporting Documentation Process Knowledge Title 30 TAC § 335. 511 provides for the use of process knowledge to classify a generator’s waste.

S 3. Process Knowledge, Testing, and Documentation Compiling Supporting Documentation Process Knowledge • Manufacturer’s literature about the chemicals used in industry processes • Material Safety Sheets (MSDS) • A full description of the generator’s manufacturing process, and comprehensive list of chemicals involved in the process • Identification of potential contaminants

S 3. Process Knowledge, Testing, and Documentation Compiling Supporting Documentation Analytical Testing Criteria • Sampling Plan - number, type and location for a representative sample • Description of site and/or unit from which samples was taken • Chain-of-Custody – quantity, preservation, dates of sample collection etc.

S 3. Process Knowledge, Testing and Documentation Compiling Supporting Documentation Analytical Testing Criteria • TCEQ Accredited laboratory (TNI) Standards; • Chain-of-Custody – quantity; preservation, dates of sample collection etc. ; • Detection limits and/or quantitation limits; and • Known and acceptable quality of data.

S 3. Process Knowledge, Testing, and Documentation TCEQ Quarterly Audits • 150 Class 2 waste stream notifications per quarter. • 10 days to send TCRQ documentation supporting waste classification. • Known and acceptable quality of data.

S 3. Process Knowledge, Testing, and Documentation TCEQ Quarterly Audits Common Deficiencies • Not analyzing for 3 Class 1 metals (antimony, beryllium and nickel) • No chain-of-custody • Missing quality assurance/quality control data • Material in contact with TPH, but no TPH analysis.

S 3. Process Knowledge, Testing, and Documentation Laboratory Questions? Laboratories are assessed against the provisions of the 2009 TNI NELAP Standards • Rules found in 30 TAC Chapter 25 (Environmental Laboratory Accreditation and Certification • Monitoring Division – Laboratory and Quality Assurance Section: Laboratory Accreditation, Frank Jamison (512) 239 -3754

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S 4. Texas Waste Code Formula 8 -Character Identification Number Consist Of: § Sequence Number § Form Code § Classification

S 4. Texas Waste Code Formula Sequence Number Sequence numbers may actually contain only numbers, alphanumeric or letters alone: 1. Only numbers - Arbitrary and unique 4 -digit number from 0001 to 9999 assigned by generator when adding stream to NOR; 2. Alphanumeric – Assigned by TCEQ and used for the one-time shipment program; and

S 4. Texas Waste Code Formula Sequence Number 3. Letters alone: • “SPIL” for spills regulated under the Emergency Response Program; • “OUTS” for wastes generated outside of Texas; • “CESQ” for municipal and industrial; and • “TSDF” for facilities that perform these services for multiple generators

S 4. Texas Waste Code Formula Form Code Second series of numbers found in Appendix G of RG -022.

S 4. Texas Waste Code Formula Classification The last digit that completes the Texas waste code. This will be an H, 1, 2 or 3.

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S 5. Notification Requirements and Forms Notifications About Industrial or Hazardous Waste • Must notify TCEQ no later than 90 days after generation and before handling, shipment, or disposal by TCEQ form 00002 or STEERS – the State of Texas Environmental Electronic Reporting System. • This information is used to create you Notice of Registration (NOR).

S 5. Notification Requirements and Forms Notifications About Class 2 and Class 3 Out-of. State Waste Non-hazardous wastes shipped into Texas are automatically considered Class 1 unless: • You request the TCEQ to review your waste classification supporting lower classification such as Class 2 or 3; and • TCEQ concurs with lower classification

S 5. Notification Requirements and Forms How Do You Get Forms and/or Access STEERS? Notification forms can be accessed by the following: • TCEQ Regional Office near you; • WWW. tceq. texas. gov then “Forms” link; • TCEQ publications unit by fax – (512) 239 -4488, voice (512) 239 -0028; • STEERS WWW. tceq. texas. gov then STEERS reporting or registration links

S 5. Notification Requirements and Forms Need More Help? CONTACT Permitting and Registration Support Division Registration and Reporting Division • Phone: 512 -239 -6413 (Queue) • E-Mail: wasteval@tceq. texas. gov • Ed Minter: (512) 239 -5262

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S 6. Examples EXAMPLE 1 (Container Waste)

EXAMPLE 1 (Container Waste) Background: Tony in Temple, Texas owns a small manufacturing facility. This is his first time registering with TCEQ as a small quantity generator. Tony generates: (1) < 5 gal empty containers; (2) > 5 gal containers triple rinsed; and (3) > 5 gal containers that have been triple rinsed and rendered unusable. Process knowledge indicates that all empty containers are metal previously containing the same liquid waste with a flash point <140° F. How are these wastes classified and coded?

EXAMPLE 1 (Container Waste) What do we know so far? 1. 2. 3. 4. Solid Waste (not exempt) & industrial The containers have held a hazardous waste Each container held the same waste There are two sizes of containers – and a different condition for the containers > 5 gallons. 5. The is the facility’s first time to notify the TCEQ.

EXAMPLE 1 (Container Waste) First Step – Classify Waste • < 5 gallon empty containers are a Class 2 waste, regardless of whether they held a hazardous waste • > 5 gallon containers that have been triple rinsed after holding a hazardous waste are a Class 1 waste • > 5 gallon containers that have been triple rinsed and rendered unusable are Class 2.

EXAMPLE 1 (Container Waste) Step 2 –Determine Waste Streams • There are two distinct waste streams: (1) the Class 2 containers < 5 gallons; and the Class 2 containers > 5 gallons; and (2) the Class 1 containers > 5 gallons.

EXAMPLE 1 (Container Waste) Step 3 – Assign Sequence Numbers Tony has assigned the 4 -digit sequence number 0001 to the Class 2 container wastes and 0002 to the Class 1 container wastes.

EXAMPLE 1 (Container Waste) Step 4 – 3 -digit Form Code (App G) Tony has reviewed all 10 major categories, then reviewed all form code descriptions in each category. He selected category Solids (Inorganic 300 series), and selected 308 – Empty or Crushed Metal Drums or Containers.

EXAMPLE 1 (Container Waste) Step 4 – 3 -digit Form Code (App G) Now putting it all together: • Class 1 waste stream: 00013081 • Class 2 waste stream: 00023082

S 6. Examples EXAMPLE 2 – Know The Difference

EXAMPLE 2 – Know The Difference Background: Dr. Pain at Mercy hospital has generated a liquid waste that tested 2. 0 ppm for lead, putting it below the hazardous waste regulatory limit for lead, but exceeding the regulatory limits for a Class 1 waste. How does Dr. Pain classify this waste?

EXAMPLE 2 – Know The Difference What do we know so far? • Solid waste from municipal source • Hospitals are not industrial facilities, and this is a non -hazardous waste. Non-hazardous, non-industrial wastes do not need to be classified.

S 6. Examples EXAMPLE 3 – Abrasive Blast Media Waste

EXAMPLE 3 – Abrasive Blast Media Waste Background: Houston Shipbuilding & Maintenance Company (HSMC) uses blasting media sand to remove paint from carbon and alloy steel during routine maintenance and repainting. These paints usually contain heavy metals which act as anti-fouling and anti-corrosion agents necessary in the marine environment. Facility has 10 waste codes on their NOR. Waste did not pass the 7 - Day Distilled Water Leachate.

EXAMPLE 3 – Abrasive Blast Media Waste Background Continued: MSDS available for sandblast material contains no levels of regulated materials. MSDS for carbon and alloy steel indicates that the steel also contains very small percentages of regulated metals. The waste stream is comprised of sand, carbonized steel and dried paint. HSMC collects representative sample according to sampling plan to a TCEQ accredited lab for TCLP analysis. All regulated metals test below the class 1 industrial level.

EXAMPLE 3 – Sandblast Waste What do we know so far? • • • Solid Waste (not exempt) & industrial Sequence number is 0011 Waste is not hazardous Waste is not Class 1 or Class 3 – Class 2 by default Form Code - for non hazardous sand blast waste from Appendix G (30 TAC § 335 Subchapter R, Appendix 3) is 389. • Process knowledge and analytical were used to make this determination.

EXAMPLE 3 – Sandblast Waste Texas Waste Code Assignment 00113892

S 6. Examples EXAMPLE 4 – Wastewater Sludge

EXAMPLE 4 – Wastewater Sludge Background: Brian’s Industrial Plant generates wastewater sludge from sumps attached to their formaldehyde product tank. The sumps collect wash down water, transfer spills, pipe leaks and solids that settled in the product tank during cleaning. MSDS indicates that formaldehyde it is listed waste U 122 and it is characteristically hazardous (D 001) for ignitability and reactivity (D 002). Waste is 85% water.

EXAMPLE 4 – Wastewater Sludge Brian knows the following: • The waste stream is comprised of water, dirt/silt and formaldehyde; • The MSDS formaldehyde, CAS# 500 -00 -0, states that it is a listed waste U 122, and is a characteristic waste for ignitability and reactivity; • There are two waste streams

EXAMPLE 4 – Wastewater Sludge • Process knowledge used from initial sampling, year’s prior, shows the aqueous waste stream and the sludge waste stream are not reactive and not ignitable at hazardous, or Class 1 regulatory limits. • Assumption, the facility has assigned the sequence numbers of 0006 and 0007 on their NOR. Are these waste streams hazardous?

EXAMPLE 4 – Wastewater Sludge No! • U-Listing only apply to unused chemical products per 40 CFR § 261. 33(a)(f). • The “mixture/derived from” rule found in 40 CFR § 261. 3(c)(d) does not apply which states that any sludge waste stream derived from a listed waste carries the applicable listing(s) as well. • Waste water is not characteristically hazardous and becomes one waste stream

EXAMPLE 4 – Wastewater Sludge Texas Waste Code Assignment • • Putting It All Together Sequence numbers are 0006 and 0007 Form code for sludge with organic contaminants from Appendix G (30 TAC 335 Subchapter R, Appendix 3) is 609. Form code for wastewater is 102 Original sampling and process knowledge supports a Class 2 designation. Sludge Waste Stream: 00066092 Wastewater Stream: 00071022

How to Contact Us Texas Commission on Environmental Quality Industrial & Hazardous Waste Permits Section, MC-130 P. O. Box 13087 Austin, TX 78711 -3087 Phone: 512 -239 -6412 (Queue) Fax: 512 -239 -6383 E-Mail: IHWPER@tceq. state. tx. us

The End! Sheila Meyers Chemist/Quality Assurance Specialist Industrial & Hazardous Waste Permits Division (512) 239 -6751