BASIC HAZARDOUS WASTE MANAGEMENT - CHAPTER 5 docx

• Understand the role that the generator plays in the “cradle-to-grave” management of hazardous wastes and the basic requirements RCRA imposes upon generators.. The RCRA regulations defi

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Hazardous Waste Sources/Generators

OBJECTIVES

At completion of this chapter, the student should:

• Have familiarity with some of the common industrial sources of hazardous waste and the RCRA approach to regulation of wastes from specific industries/processes

• Understand the role that the generator plays in the “cradle-to-grave” management of hazardous wastes and the basic requirements RCRA imposes upon generators

• Understand the RCRA focus on controls based upon the three categories

of generators, i.e., nature and composition of a waste, environmental and health impacts of a waste, and/or quantity of waste produced

INTRODUCTION

In the previous chapters we have shown that the increasing numbers of hazardous waste incidents during the 1970s brought about increasing public alarm and pressure upon Congress and the state legislatures to take decisive action to protect human health and the environment We have also shown that Congress has, through original enactments and subsequent amendments, steadily strengthened and tightened the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Envi-ronmental Response Compensation and Liability Act (CERCLA)1 in its effort to achieve timely control and remediation of hazardous waste impacts We have illus-trated the wide variety of hazardous waste abuses and disposal practices that have helped to shape the statutory and regulatory structures

We have shown the interrelationships of hazardous waste releases to the atmo-sphere, publicly owned wastewater treatment facilities, surface streams, the land surface, and to the earth’s crust We have shown the routes of movement through the environment and the mechanisms of human and environmental exposure With this background overview, we may now begin to consider the generic approaches

to management and control, as well as those embodied in the RCRA and CERCLA

1 CERCLA was being referred to as “Superfund” before it was written, formally named, and inacted, and the term is generally used to identify the program implemented by CERCLA and the amendments thereto. 5

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Enactment of RCRA in 1976 enabled the EPA and the delegated (or “primacy”) states to develop programs to implement the cradle-to-grave management of haz-ardous wastes Remediation of abandoned hazhaz-ardous waste sites, those for which

“responsible parties” could not be found and those having responsible parties that are unable or unwilling to conduct cleanup operations, was not provided for until enactment of CERCLA in 1980 Although subsequent amendments of both Acts have blurred this historical distinction with some overlapping authorities, practitio-ners have come to think of hazardous wastes as being either RCRA (currently generated or released) or CERCLA (residual) wastes In this chapter we will over-view RCRA-specific management of hazardous waste generator activities Discus-sion of the management of wastes contributed by site remediation is deferred to Chapter 11

T HE G ENERATOR D EFINED

The “generator” is the first element of the RCRA cradle-to-grave concept, which includes generators, transporters, treatment plants, storage facilities, and disposal sites The RCRA regulations define a generator as: … any person, by site, whose act or process produces hazardous waste identified or listed in Part 261 of this chapter

or whose act first causes a hazardous waste to become subject to regulation (40 CFR 260.10) In more practical terms, the generator is the creator of a hazardous waste who must analyze all solid wastes produced or use knowledge of the wastes to determine if they meet the RCRA Subtitle C definitions or listings of hazardous wastes As indicated earlier, there are more than 20,000 large quantity generators reporting to the EPA and subject to the generator regulations The RCRA definition

is generally unambiguous with respect to conventional industrial sources, but can become less clear in the event of an accidental release In site remediation activity, identification of the creator of the waste can become a highly contentious issue and/or the basis for major litigation (more on this in Chapter 11) Once a waste has been identified as a RCRA hazardous waste, it becomes subject to the Subtitle C regulations, and the generator assumes very significant responsibilities for the correct management thereof

The Three Classifications of Generators

Congress and the EPA initially recognized that large numbers of generators, partic-ularly small businesses, produce relatively minor quantities of hazardous wastes and, accordingly, created two categories of generators The generator of more than 1000 kg

of hazardous waste, per month, or more than 1 kg of acutely2 hazardous waste, per month, was designated a “generator” (frequently spoken of as a “large quantity generator” or LQG) and was (and is) subject to the full content of the 40 CFR 262 regulation Those generating less than 1000 kg of hazardous wastes or less than 1 kg

2 Acutely hazardous wastes are wastes that the EPA has determined to be so dangerous that small amounts are regulated in a manner similar to larger amounts of other hazardous wastes They are, specifically, F020-F023 and F026-F028 identified in 40 CFR 261.31 and the “p” wastes listed in 40 CFR 261.33.

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of acutely2 hazardous waste were classified as small quantity generators (SQGs) and were exempted from most of the generator requirements of the RCRA regulations.3 Because of concerns that wastes exempted from regulation by the SQG exclusion could be causing significant environmental harm, Congress amended the definition

of SQGs in the Hazardous and Solid Waste Amendments of 1984 (HSWA) SQGs were redefined as producers of between 100 and 1000 kg of hazardous waste per month or less than 1 kg of acutely hazardous waste As before, SQGs may accumulate less than 6000 kg of hazardous waste at any time EPA reports indicated that there were approximately 236,000 SQGs in 1997 (U.S EPA 1998, p III-47) The SQG was made subject to new restrictions, which are summarized herein

A new classification, the Conditionally Exempt Small Quantity Generator (CESQG), was defined as producing less than 100 kg of hazardous waste and less than 1 kg of acutely hazardous waste per month CESQGs are limited to accumulation

of less than 1000 kg of hazardous waste, less than 1 kg of acutely hazardous waste,

or 100 kg of any residue from the cleanup of a spill of acutely hazardous waste at any time EPA reports indicated that there were between 455,000 and 700,000 CESQGs in 1997 (U.S EPA 1998, p III-47) This category of generator is exempt from most generator requirements (see also: 40 CFR 261.5; 40 CFR 262, Subparts

C and D; Ostler 1998, pp 39–41; U.S EPA 1995; U.S EPA 1998, Chapter 3)

The RCRA Subtitle C regulations recognize three categories of generators

• Large quantity generators (“generators”) (LQG) are defined as those facilities that generate more than 1000 kg of hazardous waste or more than 1 kg of acutely hazardous waste per month

• Small quantity generators (SQGs) are defined as producing more than

100 kg, but less than 1000 kg of hazardous waste per month, or less than

1 kg of acutely hazardous waste per month; or as accumulating less than

6000 kg of hazardous waste at any one time or less than 1 kg of acutely hazardous waste at any one time

• Conditionally exempt small quantity generators (CESQG) are those that generate less than 100 kg of hazardous waste per month or less than 1 kg

of acutely hazardous waste per month; or accumulate less than 1000 kg

of hazardous waste at any time or less than 1 kg of acutely hazardous waste at any one time

In 1997, the latest year for which RCRA Biennial Report* data were available in mid-2000, 20,316 large quantity generators reported 40.7 million tons of hazardous waste generated These data show an apparent decrease of 551 generators and 173

3 40 CFR 260 to 265, in 1980.

* EPA 1999b.

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million tons when compared to the 1995 data As noted earlier, this apparent decrease

is attributable to the discontinued reporting of wastewaters containing hazardous wastes (U.S EPA 1999b, p ES-4) Prior to this discontinuity, overall hazardous waste generation had continued in the 200 to 300 million tons per year range through most of the 1980s and early 1990s

The Toxic Release Inventory (TRI) ranks the total release quantities of TRI chemicals by Standard Industrial Code (SIC) 21 through 39, thereby providing some sense of the relative contributions of hazardous waste by type of manufacturing

industry (Table 5.1) Again, as discussed in Chapter 3, the TRI release statistics are not comparable to RCRA hazardous waste generation quantities reported by the EPA This distinction grows from the differences in reporting requirements for the TRI4 and the biennial reporting requirements for LQGs.5

A few examples of basic industries and the types of hazardous wastes produced are listed in Appendix A to this chapter to illustrate the wide variety and complexity

of the wastes The reader should consult specific industry trade publications for details regarding industry-specific wastes produced Those few examples are inad-equate to suggest the numbers and kinds of hazardous chemical constituents in hazardous wastes that must be managed There are approximately 900 listed wastes

in 40 CFR 261 and countless more of characteristic wastes The traditional intensity

of industrial and business competition engenders the introduction of new products and thus new wastes to be managed This historical burgeoning of waste generation, the health concerns and environmental degradation, the public and political pressures that arise, the ever increasing costs of waste management, and liability concerns have brought about intensified efforts to reduce quantities of wastes generated and

to reuse and recycle wastes much more effectively Hazardous waste minimization, reuse, and recycling are discussed in Chapter 8 (see also: Dawson and Mercer 1986,

p 119–129; Phifer and McTigue 1988, Chapter 3; Nebel and Wright 1993, Chapter 14; U.S EPA 1999b, p ES-4; U.S EPA 1999c)

LQGs and SQGs are subject to regulations contained in 40 CFR 262 These regu-lations require them to:

• Identify and quantify wastes generated

• Obtain an EPA identification number

• Comply with accumulation and storage requirements (including require-ments for training, contingency planning, and emergency arrangerequire-ments)

4 Reporting requirements for the TRI are derived from Section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 and require reporting of releases of (currently) 654 chemicals Instructions for TRI reporting are found in EPA document number EPA K-97-001 and are available on CD-ROM from EPA Regional Offices or the TRI homepage < http://www.epa.gov.opptintr/tri >.

5 Biennial reporting is required of LQGs who ship any hazardous waste off-site to a treatment storage and disposal facility in the U.S by 40 CFR 262.41(a) (see: section on Biennial Reports below) LQGs should also take note of § 262.41(b) regarding on-site disposal and § 262.56 regarding exports of hazardous waste.

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• Properly prepare wastes prior to transport

• Track the shipment and receipt of hazardous waste by use of the manifest system

• Perform record keeping and reporting as required

In consideration of the fact that SQGs produce a smaller portion of the total hazardous waste generated and the burdens of full compliance with the regulatory requirements, Congress authorized the EPA to ease the original requirements placed upon SQGs, provided that the requirements remained protective of human health and the environment As noted earlier, CESQGs are subject to only minimal regu-lation, provided that they do not exceed generation limits for that category Each

TABLE 5.1

Quantities of TRI Releases and Transfers by Industry Type (1997)

20 Food products 92,040,698 1,527,792 93,568,490

21 Tobacco manufacturing 3,961,646 387,968 4,349,614

22 Textile mill products 18,822,616 613,643 19,436,259

23 Apparel 763,620 140,912 904,532

24 Lumber and wood 26,990,140 2,669,283 29,659,423

25 Furniture and fixtures 24,845,983 267,933 25,113,916

26 Paper products 228,783,236 4,747,148 233,530,384

27 Printing and publishing 24,521,063 122,715 24,643,778

28 Chemical products 742,647,731 54,849,079 797,496,810

29 Petroleum refining 66,054,902 3,268,549 69,323,451

30 Rubber and plastics 99,090,526 9,375,097 108,465,623

31 Leather products 2,703,714 2,030,230 4,733,944

32 Stone, glass, clay 35,217,660 8,003,691 43,221,351

33 Primary metals 405,945,561 288,716,526 694,662,087

34 Fabricated metals 66,338,048 29,198,597 95,536,645

35 Machinery, nonelectrical 17,935,728 4,465,584 22,401,312

36 Electrical 21,470,770 12,674,200 34,144,970

37 Transport equipment 91,538,326 10,519,302 102,057,628

38 Measuring, photographic 12,442,580 799,306 13,241,886

39 Miscellaneous 9,423,585 818,874 10,242,459

Multiple SIC in 20-39 112,177,397 25,444,493 137,621,890

No SIC in 20-39 12,738,725 457,907 13,196,632 Totals 2,116,454,255 461,098,829 2,577,553,084 Federal facilities 6,236,657 336,688 6,573,345

Note: In 1998, the EPA added six SIC codes to the reporting list: Metal Mining(10), Coal Mining (12), Electric Utilities (49), Chemical Wholesalers (5169), Petroleum Bulk Terminals (5171), RCRA/Solvent Recovery (4953/7389).

Source: EPA (1999a, p 4–7).

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requirement is discussed below, with differences in requirements for the three cat-egories described as appropriate

EPA ID Number

One of the ways by which the EPA and the primacy states monitor and track generator activity is the assignment of a unique identification number to each generator (and SQG), transporter, and operator of a treatment, storage and disposal (TSD) facility Without this number, the generator and SQG are barred from treating, storing, disposing of, transporting, or offering for transportation any hazardous waste Nei-ther category of generator may offer its RCRA-defined hazardous waste to any transporter or TSD facility that does not also have an EPA ID number Generators, SQGs, and transporters obtain ID numbers by “notifying” the EPA of hazardous waste activity, using EPA Form 8700-12 CESQG are not required to obtain ID numbers The EPA ID number is not a certification nor an endorsement of the assignee’s hazardous waste activity It is for identification purposes only (see also:

U.S EPA 1998, p III-48)

Pretransport Regulations

Pretransport regulations specify actions which the generator must take to ensure that hazardous wastes are packaged, labeled, marked, and (if appropriate) placarded prior

to offering the wastes for transportation The pretransport requirements (40 CFR

262, Subpart C) refer to elements of the Department of Transportation (DOT) regulations for transporting hazardous materials (49 CFR 172, 173, 178, and 179).6 The DOT regulations require:

• Proper packaging to prevent leakage of hazardous waste, during both normal transport conditions and potentially dangerous situations, e.g., a drum of waste dropped from a truck bed or loading dock

• Labeling, marking, and placarding of the packaged waste to identify the characteristics and dangers associated with transporting the waste

A thorough examination of these detailed and exacting regulations would greatly exceed the scope of this text The student or practitioner contemplating or having responsibilities for pretransport preparation of hazardous waste shipments must complete the training required by 49 CFR Subpart H The general thrust of the requirements can be ascertained by examining the Hazardous Materials Table column headings (Figure 5.1) and the “Eight-Step Procedure” prepared by the DOT Trans-portation Safety Institute, which is provided as Appendix B to this chapter

In brief, the marking requirements include the requirement for individual con-tainers to display a “Hazardous Waste” marking of the format shown in Figure 5.2 The marking must include a proper DOT “shipping name” that uses the standardized

6 The DOT regulations for transportation of hazardous materials were significantly modified in 1990 The modifications implement the HM 181 “Performance Oriented Packaging Standards,” which bring U.S hazardous materials shipping standards nearer to accord with international standards.

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language of 49 CFR 172.101 and 172.102 The labels on individual containers must accurately display the correct hazard class as prescribed by Subpart E of Part 172

A hazard class label is shown in Figure 5.3 Bulk shipments, whether motorized or containerized, must display the correct placard A placard is shown in Figure 5.4 The labeling, marking, and placarding requirements grow from the need for emergency responders to have the best possible knowledge of the materials involved

in any actual or potential release situation Efforts are in progress to achieve inter-national consistency of marking, labeling, and placarding conventions

The pretransport regulations apply only to generators shipping hazardous waste off-site for treatment, storage, or disposal They do not apply to on-site transporta-tion Accordingly, the generator and SQG should carefully examine the unique 40 CFR 260.10 definition of the term on-site, which is also provided in the Glossary

FIGURE 5.2 Marking hazardous waste shipment (From the Environmental Protection Agency.)

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of this text At 62 FR 6651, February 12, 1997, § 262.20 (f) was added to Subpart

B, allowing transport “off-site” on a public highway within or along the border of contiguous property under the control of the same person, even if such contiguous property is divided by a public or private right-of-way In those circumstances the generator or transporter must comply with the §§ 263.30 and 263.31 requirement for cleanup of hazardous waste discharges

Accumulation of Waste

The regulatory material contained in 40 CFR 262.34, titled accumulation time

is a “sleeper.” The material greatly exceeds the apparent subject of accumulation time The EPA chose to structure the content in the form — generator may accumulate for 90 days without a permit, provided he/she complies with all that follows, including many references to other regulatory material It is a key portion of the generator regulations and requires much of the practitioner

A generator may accumulate hazardous waste on-site for 90 days or less, pro-vided the following accumulation-related requirements are met:

• Proper Management — The waste must be properly accumulated in con-tainers, tanks, drip pads, or containment buildings Containers must be kept closed and marked with the words “hazardous waste.” Tanks and containers must be marked with the date on which accumulation began

waste off-site within the allowable 90-day period

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• Emergency Plan — A written contingency plan and procedures for man-aging spills or releases must be developed Generators are required to have a written emergency plan, but SQGs are not.7

• Personnel Training — Facility personnel must be trained in the proper handling of hazardous waste Generators are required to have an estab-lished training program.8 SQGs are exempt from this requirement, but must ensure that employees handling hazardous wastes are familiar with proper procedures

The 90-day accumulation period allows a generator to collect enough waste to make transportation more cost effective If the generator accumulates hazardous waste on-site for more than 90 days, the generator becomes subject to the Subtitle

C requirements for storage facilities, including the requirement for permitting The regulations provide for a 1-time, 30-day extension under extenuating circumstances SQGs may store waste on-site for up to 180 days (or up to 270 days if the waste must be transported for 200 or more miles for off-site treatment, storage, or disposal), providing certain criteria are met The on-site quantity of hazardous waste may not exceed 6000 kg at any time The SQG exceeding the time or quantity limits becomes

a storage facility and is subject to §§ 264 and 265 and permitting requirements If a CESQG accumulates more than 1000 kg of hazardous waste, all of those wastes become subject to the SQG requirements If the CESQG accumulates more than 1 kg

of acutely hazardous waste, the acutely hazardous waste becomes subject to the full

FIGURE 5.5 Dating accumulation container, satellite accumulation point, or temporary stor-age area (From the Arizona Department of Environmental Quality.)

7 The small quantity generator is, however, required to meet minimal emergency planning requirements set forth in 262.34(d).

8 The generator requirements for contingency planning and a training program are by reference, contained

in 40 CFR 262.34, to 40 CFR 265, Subparts C and D, and to 40 CFR 265.16 Those new to the RCRA program, and subject to the generator regulations should read 40 CFR 262.34 and the referenced material

in 40 CFR 265 very carefully.

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