Hazardous and Non Hazardous Waste Disposal

Resource Conservation and Recovery Act

History of the ActThe Resource Conservation and Recovery Act

was first enacted as an amendment to the Solid Waste Disposal Act in 1976, was substantially revised in 1978, and, again, in 1984

Its purpose is to provide “cradle-to-grave” management of solid waste

Congress’ stated goal in enacting RCRA is that “wherever feasible, the generation of hazardous waste is to be reduced or eliminated as expeditiously as possible”

OVERVIEW RCRA contains 10 subtitles:

Subtitle C, “Hazardous Waste Management,” outlines waste management procedures for: Generators of hazardous waste Transporters of hazardous waste Owners/operators of treatment, storage, and disposal

facilities (TSDFs) Defining/identifying hazardous waste Regulating generators, transporters, and owners/operators of TSDFs Enforcing regulations

Hazardous waste generators are responsible for: Providing for regulated waste accumulation and shipment preparation Designing a recordkeeping system and providing manifests Instituting plans for segregation and waste minimization

When generators determine a waste is hazardous they must: Obtain an Environmental Protection Agency (EPA) identification number

within 90 days Allow transportation, storage, treatment, and disposal only by other persons

with EPA identification numbers

OVERVIEWSubtitle D - “State and Regional Solid Waste

Plans”Subtitle I - “Regulation of Underground

Storage Tanks”Subtitle J - “Demonstration Medical Waste

Tracking Program”Six remaining subtitles provide legal and

administrative structure for achieving the law’s objectives

Solid Waste DefinedSolid waste, for purposes of RCRA, is:

Any garbage, refuse, sludge from a waste treatment plant, waste supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows or industrial discharges which are point sources subject to permits under section 1342 of Title 33, or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954

EPA has amended the statutory definition to provide that a solid waste is any discarded material that is not subject to one or more of a variety of exclusions

For purposes of the rules, discarded material is any material that is abandoned, recycled, or inherently waste like The material must be classified as a waste The material does not need to be solid

HAZARDOUS WASTE

The Act defines “hazardous waste” as: Solid waste, or combination of solid wastes, which

because of its quantity, concentration, or physical, chemical, or infectious characteristics may: cause, or significantly contribute to an increase in

mortality or an increase in serious irreversible, or incapacitating reversible, illness; or

Pose a substantial threat or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed

To be designated hazardous waste, the material must first be classified as solid waste

What is Hazardous Waste

The cornerstone of this program is the characteristic hazardous waste determination procedure found at 40 C.F.R. § 261.3

The program contains four basic characteristics in determining whether solid waste is in fact hazardous:IgnitabilityCorrosivityReactivityToxicity

Classes of Hazardous Waste

“Mixture” and “Derived From” Rules

There are two basic classes of hazardous wastes, i.e., those that are “characteristic” hazardous and those that are “listed” hazardous The distinction lies in the wastes’ futures

A characteristic waste remains a characteristic waste only so long as that characteristic exists

A listed hazardous waste is normally a hazardous waste forever

Any nonhazardous waste mixed with a hazardous waste becomes a part of that waste. This is the so-called “mixture rule”

The "derived from" rule deals with residues resulting from the treatment of listed hazardous wastes under the "derived from" rule, residues from the

treatment of most listed hazardous wastes remain listed hazardous wastes

Common Wastes That Might Be HazardousBatteries

Lead-acid batteries that are recycled not haz waste

Other hazardous waste batteries NiCad, mercury, some lithium, silver

PesticidesAerial spraying operations Many pesticides are listed or characteristic

hazardous wasteHazardous Waste Bulbs

HID, fluorescent, high pressure sodium, mercury vapor, metal halide

All the above are Universal Waste

Common Wastes That Might Be Hazardous

Aerosol Spray CansEmpty cans are reactive hazardous wasteUnless managed as scrap metal

Scrap MetalMost scrap metal not hazardous wasteSome otherwise hazardous waste can be

excluded under scrap metal rules

Common Wastes That Might Be HazardousDeicing Fluids

Not waste when “used as intended”Waste when disposed ofWater regulations are primary concern

Electronic WastesAvionics – most not hazardousComputers – CRTs are hazardous waste (lead)Let’s see some more ------

Electronic Waste

Computers, monitors, radios, TVs, telephones, video games, radar, transponders, etc.

TVs, monitors, and CRTs are hazardous waste unless going through legitimate refurbishment

LCDs and plasma screens not yet seen to be hazardous waste

Mercury switches, NiCad batteries, etc. are usually hazardous waste

Electronic WasteMost other electronics are not hazardous

wasteItems that are otherwise hazardous waste,

but meet the definition of scrap metal and are being managed as scrap metal will usually be considered to meet the “scrap metal exemption”Separate circuit boards qualifyHard drives

Universal Wastes

Universal WastesSpecial rules apply to batteries, pesticides,

thermostats and lampsPersons operating under these rules are generally

exempt from the main-stream RCRA rules

The Permit ProgramAnyone who treats, stores or disposes of a

hazardous waste is potentially subject to the RCRA permit program Facilities engaged in hazardous waste Treatment,

Storage and Disposal (TSD) are required to file a RCRA TSD permit application

PERMITS

Part A RCRA TSD permit applicationInterim status facilities

Part B RCRA TSD permit application

Many states have authority to administer the RCRA permit program, with laws that are “no less stringent” than the federal version of RCRAThe federal EPA has the right to comment on

any permit application, and has the right to terminate state-issued permits on certain grounds

STORAGEGenerator Status

Unless exempt, all facilities that store hazardous waste are required to have a permit or interim status

An exemption was developed that allows manufacturing facilities that generate hazardous waste as part of their manufacturing process to store hazardous waste on-site for up to 90 days without a permit

The generator facility must: Apply for and obtain an EPA generator identification # Adopt personnel training requirements, tank storage

standards, contingency planning, and facility preparedness Prepare manifests for all hazardous waste shipments and

keep records of these manifests for three years following shipment

Record KeepingManifests

A system for keeping track of hazardous waste shipments

Each shipment is accompanied by a six-part hazardous waste manifest form that is prepared by the generator The manifest includes information on the identity of

the generator, the nature and quantity of the waste being shipped, and the transporter’s identity

The manifest also includes a certification by the generator that the generator has made the best practicable effort to reduce the volume and toxicity of the waste and has selected a method to treat, store or dispose of the waste in such a way as to minimize future environmental harm

RECORD KEEPING (CONTINUED)

Once the generator has completed the manifest and transferred custody of the waste to the transporter, the transporter must sign and date the manifest and give a copy to the generator

Each transporter who takes custody of the waste in the chain between the generator and the TSD facility must sign, date, and retain a copy of the manifest form

The TSD facility signs the last two copies, retains one, and sends the last copy back to the generator

Each entity in the chain of custody has the responsibility to note any discrepancies between the waste types and volumes on the manifest and those being received

Each has the right to refuse delivery of the shipment if the manifest does not properly reflect the shipment

If delivery is refused, the shipment is sent back to the generator

DISPOSAL RESTRICTIONSLand Disposal Restrictions

Congress determined that, for a number of listed hazardous wastes, disposal in a hazardous waste landfill is not sufficiently protective of human health and the environment

It decided that some degree of treatment for these wastes is required prior to land disposal

The EPA was directed to divide the universe of listed hazardous wastes into three groups and to examine the wastes in each group, in sequence, for their potential to impact the environment after disposal

This resulted in the so-called first third, second third, and third third waste lists.

State AuthorityState Program Authority

Individual states may develop and administer their own RCRA programs

Each state’s RCRA program must be at least as stringent as the federal regulations

ENFORCEMENTEnforcement

RCRA has both civil and criminal penaltiesThe EPA has the authority to issue compliance

orders and to demand civil penalties as part of those orders

It may also initiate civil actions in the U.S. district courts for RCRA violations

Civil penalties may be up to $25,000 per day for each violation

If the RCRA violation was the result of a person’s knowing act, it may recommend criminal charges against the person

ENFORCEMENT (CONTINUED)“Knowing” treatment, storage or disposal of a waste

without a permit or “knowing” shipment of the waste without a manifest can result in fines of up to $50,000 per day and/or imprisonment for up to two years (a felony)

Actions that result in a “knowing endangerment” of another person can result in a fine of up to $250,000 and/or imprisonment for up to 15 years

If a “knowing endangerment” activity was committed by an organization, it can be fined up to $1,000,000

Citizens can act as “private attorneys general” to seek to enforce RCRA or to force the EPA to comply with its statutory duties