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TRANSCRIPT
Presented by EPA Region 7 for the
MORA 2014 Conference
September 9, 2014
RCRA FOR THE RCYCLING INDUSTRY
Edwin G. Buckner, PE
Compliance Officer
EPA Region 7
PURPOSE OF PRESENTATION
Provide an overview of RCRA regulations applicable to solid waste recycling facilities that might receive or generate hazardous waste
Provide specific examples of RCRA violations common to recyclers
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DISCLAIMER! My presentation is:
– Not intended to provide every requirement – Only to provide an overview to the sector – Help you determine your best hazardous
waste management options
You are responsible to ensure your own waste management is in compliance with RCRA!
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RCRA
Subtitle C (40 CFR 260 - 279) - Hazardous waste regulations for
Generators Transporters Treatment, storage, and disposal facilities
(TSDF)
Subtitle D (40 CFR 240 - 259) - Solid waste requirements - Implemented only by state agencies
Subtitle I (40 CFR 280) - Regulation of underground storage tanks
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RCRA Authority
§ 3007 – Authority to inspect facilities and obtain information about solid wastes
§ 3008 – Authority to order compliance and obtain penalties for violations ($37,500 per day of violation)
§ 7003 – Authority to order “cease operations” in event of imminent and substantial endangerment
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State Authorization
Each state has its own set of hazardous waste regulations that reference the EPA regulations
Each state has its own interpretation of the EPA regulations
Iowa and Alaska do not have their own programs – Federal regulations control
Every facility should be aware of the unique interpretations in its state
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Q: What is a Solid Waste?
A solid waste can be a:
Solid material
Liquid
Confined gas
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Solid Waste is
A solid waste is any discarded material . . .
A discarded material is any material which is:
1 Abandoned
2 Recycled
3 Inherently waste-like
40 CFR 261.2(a) 8
1 Abandoned
Disposed
Burned or incinerated
Accumulated, stored, or treated (but not recycled) before or in lieu of being abandoned by being disposed, burned, or incinerated.
40 CFR 261.2(b)
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Abandoned Chemicals
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2 Recycled
Used in a manner constituting disposal
Burning for energy recovery
Reclaimed
Accumulated speculatively
Table 1 indicates if the recycled material is a solid waste
40 CFR 261.2(c)
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Table 1
Use constituting
disposal
(§261.2(c)(1))
Energy recovery/ fuel
(§261.2(c)(2))
Reclamation
(261.2(c)(3)),
except as
provided in
§§261.2(a)(2)(ii),
261.4(a)(17),
261.4(a)(23),
261.4(a)(24), or
261.4(a)(25)
Speculative
accumulation
(§261.2(c)(4))
1 2 3 4
Spent Materials (*) (*) (*) (*)
Sludges (listed in 40 CFR
Part 261.31 or
261.32) (*) (*) (*) (*)
Sludges exhibiting a
characteristic of
hazardous waste (*) (*) — (*)
By-products (listed in 40
CFR 261.31 or
261.32) (*) (*) (*) (*)
By-products exhibiting a
characteristic of
hazardous waste (*) (*) — (*)
Commercial chemical
products listed in 40
CFR 261.33 (*) (*) — —
Scrap metal other than
excluded scrap metal
(see 261.1(c)(9)) (*) (*) (*) (*)
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3 Inherently Waste-Like
The regulations define specific wastes and how a determination is made.
Some materials pose such a threat to human health and the environment that they are always considered solid wastes.
40 CFR 261.2(d)
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Exemptions
Numerous specific and general exemptions in the regulation
40 CFR 261.3 Definition of Hazardous Waste
40 CFR 261.4 Exclusions from definition of
– (a) solid waste
– (b) hazardous waste
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Hazardous Waste Determination
Every solid waste must receive a hazardous waste determination
Keystone to hazardous waste management
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40 CFR 262.11
HW Determination at the Point of Generation
Who: Owner or Operator
What: 40 CFR 262.11
When: When it is discarded
Where: Where it leaves the process
How: TCLP, Listing, or Process Knowledge
Why: Cradle to Grave, Womb to Tomb
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Typical Violations for HW Determinations
Failure to make a HW determination (40 CFR § 262.11)
Inadequate HW determination (i.e., wrong or incorrect HW determination) leads to illegal disposal.
Example: Facility decides waste is non-hazardous and waste ignites at landfill or during storage or transport.
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Hazardous Waste Generators
Hazardous waste generator standards are actually requirements that, when met, exempt the facility from hazardous waste permitting requirements
40 CFR 262.34
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Hazardous Waste Generators
Large Quantity Generator (LQG)
– >1000 kg per calendar month
– >1 kg of acute HW per calendar month
Small Quantity Generator (SQG)
– <1000 kg per calendar month
– >100 kg per calendar month
Conditionally Exempt Small Quantity Generator (CESQG)
– <100 kg per calendar month
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Large Quantity Generator
90-Day Accumulation Time Limit 262.34
Container and Tank Mgt. Standards 265 Parts I & J
Air Emission Standards 265 Parts AA, BB, & CC
Preparedness and Prevention Standards 265 Part C
Contingency Plans 265 Part D
Personnel Training 265.16
Notifications (EPA ID Number) 262.12
Manifesting 262.20
Biennial Reporting 262.41
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Small Quantity Generator
180-Day Accumulation Time Limit 262.34
6000 kg Total Accumulation Limit 262.34
Container and Tank Mgt. Standards 265 Parts I & J
Air Emission Standards 265 Parts AA, BB, & CC
Preparedness and Prevention Standards 265 Part C
Contingency Plans (reduced requirements) 262.34(d)
Personnel Training (reduced requirements) 262.34(d)
Notifications (EPA ID Number) 262.12
Manifesting 262.20
Biennial Reporting
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Conditionally Exempt Small Quantity Generators
Hazardous Waste Determinations
No treatment allowed
Dispose properly
– Landfill (not allowed by Missouri)
– TSDF
– LQG or SQG (if allowed by state)
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Container and Tank Mgt. Standards 40 CFR 262.34
§262.34(a)(1) comply with 40 CFR Part 265, Subparts I, J, AA, BB, & CC
§262.34(a)(2) mark containers with date accumulation began
§262.34(a)(3) label tanks and containers with the words “hazardous waste”
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Container Management Standards 40 CFR 265 Part I
Use containers in good condition
Use containers compatible with contents
Keep containers closed
Inspect containers weekly
Ignitable waste must be 15 m from property line
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Tank Management Standards 40 CFR 265 Part J
Tank system integrity assessment
Secondary containment
– Impermeable
– Good condition
Daily inspections
– Maintenance
– Spill detection
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Wastes We Will Discuss Today
Characteristic waste
Listed waste
Universal Wastes
Electronic Wastes
Used Oil
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Characteristic Hazardous Waste
D001: Ignitable
D002: Corrosive
D003: Reactive
D004 – D043: Toxic
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Ignitable Hazardous Waste D001
(a)(1) Liquid with a flash point < 60°C (140°F), other than an
aqueous solution with < 24% alcohol by volume
(a)(2) Not a liquid and is capable under STP, of causing fire
thru friction, absorption of moisture, or spontaneous
chemical changes . . .
(a)(3) Ignitable compressed gas
(a)(4) An oxidizer
40 CFR 261.21
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Ignitable Hazardous Waste D001
Ethanol 55°F
Gasoline -45°F
Diesel 100°F - 300°F
Laboratory solvents varies
Waste paint varies
Degreasing solvent varies
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Corrosive Hazardous Waste D002
• (a)(1) Aqueous and has a pH
≤ 2 or ≥ 12.5
• (a)(2) A liquid that corrodes steel at a rate greater than 6.35 mm per year using test method 1110A
40 CFR 261.22
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Reactive Hazardous Waste D003
(a)(1) Normally unstable and readily undergoes violent change
without detonating
(a)(2) Reacts violently with water
(a)(3) Forms potentially explosive mixtures with water
(a)(4) Generates toxic gases when mixed with water
(a)(5) Cyanide or sulfide bearing waste sensitive to pH
(a)(6) Explosive if subjected to a strong initiating source
(a)(7) Readily capable of detonation or exploding at STP
(a)(8) 49 CFR 173.54 forbidden explosive
40 CFR 261.23
Toxic Hazardous Waste D004 – D043
Examples: 7 of 40
Contaminant Regulatory Level
– D004 is Arsenic >5.0 mg/L TCLP
– D008 is Lead >5.0 mg/L TCLP
– D009 is Mercury >0.2 mg/L TCLP
– D018 is Benzene >0.5 mg/L TCLP
– D026 is Cresol >200.0 mg/L TCLP
– D031 is Heptachlor >0.008 mg/L TCLP
– D043 is Vinyl chloride >0.2 mg/L TCLP
40 CFR 261.24
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Listed Hazardous Waste
F-listed, HW from Non-Specific Sources
– F001-F005 various spent solvents
K-listed, HW from Specific Sources
– None relevant to ethanol production
P-listed, Commercial Chemical Products
acute hazardous wastes
U-listed, Commercial Chemical Products
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Potential Hazardous Wastes at a Recycling Facility
Spent Parts Washing Solvents (possible F-listed, ignitable)
Waste Gasoline (D018) benzene
Waste Paint (D001) ignitable
Aerosol cans (non-empty) (D001, D003) ignitable and/or reactive. Corrosive or toxic depending on contents.
Mercury-containing devices (D009) toxic
Universal Waste Lamps (mercury)
Universal Waste Batteries (lead, metals)
Used Oil (metals, halogens, ignitable)
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Waste Paint
Aerosol Cans are:
– D001 ignitable HW for certain propellants
– D003 reactive HW unless punctured in Nebraska and some other states
Latex paints are typically not HW unless it contains a hazardous additive
Oil base paints are often D001 ignitable hazardous waste
Toxic depending on content like lead or chromium
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Universal Waste 40 CFR 273
Batteries
Pesticides
Mercury Containing Equipment
Lamps
Pharmaceuticals (proposed)
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Universal Waste General Requirements
1 of 2
Applies to materials that would otherwise be a hazardous waste.
Assumes materials will be recycled.
Containers must be managed according to individual regulation.
One year accumulation limit (documented)
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Universal Waste General Requirements
2 of 2
Containers or individual devices must be labeled per regulation
Employees must be informed of proper handling
Must clean-up releases
Must ship to another UW handler or destination facility via UW transporter
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UW Categories
Small Quantity Handler: – Does not accumulate 5000 kg or more at any
time.
– No lower limit.
Large Quantity Handler: – Accumulates 5000 kg or more.
– Designation is for entire calendar year.
– Uncommon.
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Batteries
Universal Waste
or
40 CFR Part 266, Subpart G
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Batteries - Subpart G
Spent Lead-Acid Batteries Being Reclaimed
Those who generate, collect and/or transport these batteries are exempt from most RCRA requirements.
Batteries must be reclaimed.
Must still make a hazardous waste determination per 262.11.
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Batteries – Universal Waste
Would otherwise be hazardous waste – Lead-Acid
– Lithium or other rechargeable
– Alkaline typically not hazardous
Leaking/damaged batteries must be contained
40 CFR 273.2 .
40 CFR 273.13(a)
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Mercury Containing Equipment – Universal Waste
A device or part of a device (including thermostats, but excluding batteries and lamps) that contains elemental mercury integral to its function.
Leaking/damaged devices must be contained
Ampoules and housings may be removed from equipment in a controlled environment.
40 CFR 273.4 .
40 CFR 273.13(c)
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Lamps – Universal Waste
May include fluorescent tubes, CFL, HID, Hg vapor, neon, sodium, & metal halide
LEDs containing lead are included
Closed containers
Labeled containers
Document accumulation time
Clean-up releases
Green tip tubes probably not HW, but recycling Hg is encouraged
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Open, Unlabeled, Undated
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46
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Lamp Crushers Pros and Cons
Consolidate waste for shipment saving transportation costs
Often generate Hg levels in air greater than allowed by OSHA
Many states, including Missouri, consider crushed lamps to be hazardous waste, not universal
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Electronic Wastes
CRTs are typically Hazardous Waste
Components of E-waste can be hazardous for metals – solder, phosphors, etc.
Some non-R7 states have their own UW regulations for E-waste
Iowa licenses appliance demanufacturing
New EPA regulations for CRT demanufacturing
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Hazardous Waste
Used Oil 40 CFR 279
Subpart A: Definitions
Subpart B: Applicability
Subpart C: Generators
Subpart D: Collection Centers & Aggregation Points
Subpart E: Transporters & Transfer Facilities
Subpart F: Processors and Re-Refiners
Subpart G: Used Oil Burners
Subpart H: Marketers
Subpart I: Dust Suppressant
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Used Oil
Used oil means any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities.
Not vegetable oil
Percent water not defined
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Applicability
EPA presumes used oil will be recycled
Mixtures of used oil and HW are HW except for CESQGs
Rebuttable presumption
– If halogen >1000 ppm, presumed to be HW
– May rebut by proving UO contains no HW
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Used Oil Exemption Materials containing UO that have been drained
Oil filters are not Used Oil if: – Non-terne plated, and
– Hot drained, and Punctured, Crushed, or Disassembled
Materials derived from Used Oil except fuels
Disposal as solid waste opens door for being hazardous waste
Do-it-yourself used oil
Farmers less than 25 gallon per month
TSCA regulations for PCB override RCRA
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On-Specification Used Oil 40 CFR 279.11
On specification used oil is not subject to the used oil regulations except for recordkeeping.
Arsenic 5 ppm max
Cadmium 2 ppm max
Chromium 10 ppm max
Lead 100 ppm max
Flash Point 100°F min
Total Halogens 4,000 ppm max 55
Used Oil Generators
Tanks, containers, and piping must:
– be in good condition and not leaking
– labeled with the words “used oil”
May burn your own, on-spec, and DIY used oil in space heater
Must stop and contain releases and clean up resulting spills
May transport less than 55 gallons
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Collection Centers and Aggregation Points
Collect oil from DIY, self-transporters, and other facilities owned by same
Subject to Generator regulations
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Transporters and Transfer Facilities
1 of 2
No processing allowed unless incidental to transportation
Must have EPA ID number
Must deliver UO to:
– Another transporter
– Processor/re-refiner
– Off-spec used oil burner
– On-spec used oil burner
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Transporters and Transfer Facilities
2 of 2
Must determine halogens so generator may make rebuttable presumption
Maintain determination, acceptance, and delivery records for 3 years
Storage requirements similar to generators plus secondary containment
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Processors and Re-Refiners
Must follow generator requirements
Secondary containment for all containers and tanks
Additional recordkeeping and notification requirements
Incidental filtering is not processing
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Off-Spec Burners
Must be a boiler or industrial furnace
Space heaters are not BIF
Additional recordkeeping and notification requirements
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Marketers
Those sending off-spec used oil to a burner
Those first determining that used oil meets specifications
Additional recordkeeping and notification requirements
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Dust Suppression
Using off-specification used oil as a dust suppressant is
forbidden.
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