Week4

kwabenaoworier

HazmatGenerators.pdf

Home >English homework help >Week4

Hazardous Waste Management: An Introduction by Clifton VanGuilder

Reprinted for Personal Account, American Public University System

[email protected]

Reprinted with permission as a subscription benefit of Skillport,

Chapter 3: Hazardous Waste Policy and Regulatory Requirements

IN THIS CHAPTER

U.S. hazardous waste management policy

Regulatory standards for categories of hazardous waste generators, hazardous waste transporters, and treatment, storage, and disposal facilities

Case studies

3.1 HAZARDOUS WASTE MANAGEMENT POLICY

As discussed in Chapter 2, "Identification of Hazardous Waste", after evaluating the way hazardous waste was being managed in the United States subsequent to passing RCRA in 1976, Congress made policy decisions that directed the USEPA to steer industry away from disposing into landfills those wastes that could be otherwise treated. This was accomplished by setting treatment standards for all hazardous wastes at their points of generation.

Hazardous Waste Management Hierarchy

Although that policy was a step in the right direction, it wasn't until 1990 that Congress established a hazardous waste management hierarchy in the Pollution Prevention Act of 1990, stating under Section 6602 (b) that:

Pollution should be prevented or reduced at the source whenever feasible.

Pollution that cannot be prevented should be recycled in an environmentally safe manner whenever feasible.

Pollution that cannot be prevented or recycled should be treated in an environmentally safe manner whenever feasible.

Disposal or other release into the environment should be employed only as a last resort and should be conducted in an environmentally safe manner [PPA 90a].

The Hazardous Waste Management Hierarchy Broken Down

The Hazardous Waste Management Hierarchy meant that reduction of wastes at the source, waste minimization, waste exchange, and recycling must be considered and implemented by industries generating hazardous waste. These are advantageous requirements, partially because they benefit the environment, and also because these measures can result in significant savings to industries during manufacturing, thereby improving their profit margins.

The implementation of waste minimization requires a dedicated commitment by top-level management in any company to provide technical resources, financial backing, and buy-in at all employee levels. Making the commitment to put the environment ahead of other aspects of an organization is a critical step in making waste minimization effective. Waste minimization techniques sometimes overlap, but the basic categories are as follows:

Source reduction is defined by the Pollution Prevention Act as any practice that "(i) reduces the amount of any hazardous substance, pollutant, or contaminant entering any waste stream or otherwise released into the environment (including fugitive emissions) prior to recycling, treatment, or disposal; and (ii) reduces the hazards to public health and the environment associated with the release of such substances, pollutants, or contaminants. The term includes equipment or technology modifications, process or procedure modifications, reformulation or redesign of products, substitution of raw materials, and improvements in housekeeping, maintenance, training, or inventory control" [PPA 90b].

Other valuable methods of source reduction not mentioned in the Pollution Prevention Act are:

Process quality control to make sure ingredients are refined and pure, using byproducts from other processes or wastes from other processes when possible, and making sure the process is environmentally friendly.

Substitution of less toxic or more environmentally friendly materials wherever possible. Dilution of materials can be useful to produce a more dilute waste, as in electroplating or parts washing.

Training of production staff and management can produce benefits in source reduction, particularly when there is complete buy-in and ownership of the entire manufacturing process, using employee recognition and incentive programs for suggesting and implementing changes that result in product improvement or waste reduction.

Pollution Prevention

According to the USEPA, Pollution prevention means 'source reduction,' as defined under the Pollution Prevention Act, and other practices that reduce or eliminate the creation of pollutants through:

increased efficiency in the use of raw materials, energy, water, or other resources, or

"protection of natural resources by conservation" [PPA 90a]. While this term is related to source reduction, this text places it slightly below source reduction because it implicitly indicates there is pollution to prevent, while source reduction means not creating pollution in the first instance.

Recycling/Reclamation/Reuse

Recycling is the reuse of waste materials for beneficial purposes. Recycled materials may be used, reused, or reclaimed. Reuse is returning waste materials (i.e., by-products or intermediates) to the original process as a substitute for a raw input material, or using those by-products or intermediates as input material to another process.

Reclamation involves running waste through a process to recover a useful or valuable material for future use. Examples of reclamation are: distilling a waste solvent to reclaim a solvent, burning a waste oil to recover the heat value, and reclaiming acids and bases from plating solutions to use them for further plating or other manufacturing.

Recycling/reuse became heavily regulated by the state and federal governments, following some less-than-genuine, "sham" recycling operations conducted after the passage of RCRA in the late 1970s.

Tip It is wise to consult with the local state regulatory authority before commencing a recycling/reuse activity, just to make sure they agree that the proposed process meets their definition of recycling.

The following case study is an illustration of how much environmental damage can be caused by a sham recycler.

Case Study

Sham Recycling of Waste Tires

An inspector was directed to monitor compliance at a waste tire recycler (see Figure 3.1) who was shredding tires to be used for road base material and other purposes. The facility covered several acres, and the tires were stored in areas all over the site. Upon investigation, it was learned that the company had accepted tires at a price lower than its competitors, and when there were too many tires to shred, they buried whole tires in remote areas all over the site.

Hazardous Waste Management: An Introduction

Figure 3.1: Sham tire recycler. (Drawing by author.)

The site was declared a fire hazard because there were too many tires stored all over the site without proper rows for fire breaks or firefighting equipment. The site was cleaned up under the supervision of an investigation unit within the environmental agency, at a very large price. There have been so many waste tire sites throughout the nation, and the USEPA has developed a guidebook for cleanup of these sites [EPA 06].

Discussion: Although waste tires are not a hazardous waste, the burning of these tires creates a great deal of air and water pollution; as the tires melt, they release some of their base petroleum products. The petroleum products, once released from the tires, can seep into the ground, causing water pollution and potential hazardous waste sites.

3.2 REGULATORY STANDARDS FOR HAZARDOUS WASTE FACILITIES

Hazardous Waste Generators

After a facility determines its generator category, it must then follow the appropriate requirements for hazardous waste management, namely, storage, transportation, treatment, and record-keeping, which are outlined in this chapter for each generator category.

Nonregulated handler (NRH)

While the USEPA doesn't list this as a regulated generator category, the NRH represents an important regulatory status used by regulators and compliance inspectors.

All companies and businesses, whether they generate hazardous waste or not, must make and document their hazardous waste determinations. These determinations should be verified with the home state regulatory authority, and documented when possible. These records should be kept so that they can be produced in the event of a compliance inspection

Note In some cases, a facility can have hazardous wastes generated on site and still be considered a nonregulated handler. For example, if a nonregulated handler has fluorescent lamps or other electronic equipment in their office(s), and the used lamps and other electronic equipment are changed out and managed by a landlord or property management company, it is possible that the home state may not require the business to count the waste as generated by them. In this case, the landlord is the generator of the hazardous waste; the company is not. The landlord enjoys the relaxed regulatory standards if the universal wastes are managed properly.

Conditionally Exempt Small Quantity Generators (CESQG)

A CESQG generates no more than 100 kilograms (kg) or 220 pounds (lb) per month of hazardous waste, or 1 kg (2.2 lb) of acute hazardous waste per month (P-List).

The CESQG regulatory requirements are summarized from the EPA checklist below [EPA 11d]:

The CESQG must make and document all hazardous waste determinations. There were frequent errors made in waste determinations by many CESQGs in the experience of

Hazardous Waste Management: An Introduction

the author. Although not required, it is easy to avoid these errors by verifying the determination with the home state regulatory authority.

The CESQG must not accumulate more than 1,000 KG (2,200 LB) non-acute hazardous waste on site and no more than 1 KG (2.2 LB) acute hazardous waste on site. If these storage limits are exceeded and observed by an inspector, the facility will be inspected as a Small Quantity Generator, facing many more numerous and rigorous regulatory requirements.

The CESQG must treat and dispose of their hazardous waste in an on-site facility or ensure delivery to an authorized off-site facility. This requires some careful research on the part of the CESQG to verify that the facility is authorized to take their waste. They should never take the word of any waste broker or handler about this, but should demand to see the written permits.

The CESQG may either self-transport its waste to an authorized facility or ship its waste to an authorized facility using a licensed transporter, requiring all transporters and receiving facilities to provide written proof of permits, or checking with the home state regulatory authority for permits.

Note In determining hazardous waste generator categories, universal wastes generated at the facility do not have to be counted as part of the hazardous waste generated, provided the waste is managed in conformance with the universal waste rules. If the universal waste is not managed properly (i.e., improper storage, breakage, or other ineffective management), it is counted as hazardous waste and is added to the total hazardous waste generation for the facility and sometimes can increase the regulatory requirements (and fees) substantially.

Small Quantity Generators (SQG)

A SQG generates more than 100 kg and no more than 1,000 kg of non-acute hazardous waste per month, or no more than 1 kg of acute hazardous wastes per month.

The SQG regulatory requirements are summarized from the EPA checklist as follows [EPA 11e].

SQGs must make and document hazardous waste determinations. Again, this was the source of frequent errors in the experience of the author. Although not required, it is easy to avoid these errors by verifying the determination with their home state regulatory authority. No facility should rely on a waste broker or handler to make the waste determination for them, because the facility is solely responsible for this.

When they first learn that they generate hazardous wastes, SQGs must obtain an USEPA Generator ID number by contacting the appropriate USEPA regional office representing their state (found at http://www.epa.gov/aboutepa/where.html). The USEPA ID number will remain with the facility for the life of the facility.

SQGs must arrange for the shipment of their hazardous waste using a licensed hazardous waste transporter. They must verify the transporter is licensed and keep a copy of the transporter permit(s) on file, in case they are inspected. The SQG should not ship the waste with a transporter unless the driver has a copy of the transporter permit in their truck, and they have a copy of the permit in their records.

SQGs can accumulate no more than 6,000 kg of non-acute hazardous waste or no more than 1 kg of acute hazardous waste on site. If they do, they are in violation of their storage requirements, and are then regulated as a Large Quantity Generator (LQG), a category that has to follow much more stringent regulatory requirements.

SQGs must have their hazardous wastes shipped off site within 180 days of the date of generation, if the ultimate disposal facility is no farther than 200 miles away. The SQG may store the waste up to 270 days if the disposal facility is further than 200 miles away. This must be documented for possible inspections. Exceeding these time frames also causes the SQG to be regulated as a LQG, with much more stringent (and expensive) regulations.

The SQG must meet the requirements for emergency measures listed below, making sure one employee is always on site or on call to coordinate emergency measures and to post the following:

The SQG must post the name and phone number of the facility's emergency coordinator next to the telephone.

The SQG must post the location of all fire extinguishers and spill control equipment next to telephone.

The SQG must post the telephone number of fire department next to the telephone.

Note The previous three requirements, marked with a °, are unique to SQGs, meaning no other type or class of facility is required to meet them.

The SQG must conduct training of staff on waste handling or emergency measures, and, for future inspections, must keep records of the content of that training, when it was held, and who received the training.

The SQG must conform with all accumulation and storage requirements listed below:

All containers must be in good condition and not leaking (this includes the requirements that the containers be stored in a safe location).

All wastes must be stored in containers made of compatible materials (i.e., corrosive wastes must be stored in polyethylene, glass, or some other corrosion resistant material).

All containers that are not in use are closed (the cover on or bung installed). "In use" has been the topic of many enforcement discussions, but generally is enforced if the manufacturing process that generates the waste is not operating when the inspector is there.

All containers must be opened, handled, and stored to prevent leaks. This is a broad requirement for container management, and includes keeping stored containers safe from tipping over, being hit by equipment, or keeping aqueous wastes from freezing;

Each container must be marked with the words "Hazardous Waste" and with other words to identify the contents.

Tip This was a common error at the author's inspections, in that the facility would often write the words "Hazardous Waste" or words to describe the wastes, but not both. The requirement is for both. It is very helpful to the inspector for the facility to mark down the EPA waste codes as well.

Wastes can be accumulated for no longer than three days in accumulation areas, after they are full. This rule can be confusing, in that it is acceptable to have more than one or even several 55-gallon accumulation containers of different waste types in the same areas.

Note For each waste stream, the three-day clock to move the waste out of the accumulation area starts when the container is full. The SQG is required to place on the container the date when each 55- gallon container was filled, and then has three full days to move the container to the fewer than 90/180/270-day storage area. The inspector checks the full date on containers in accumulation areas to make sure that they have been there for no longer than three days.

For fewer than 90-days storage areas:

The SQG must clearly mark the date accumulation began on each container. This is important because it allows the inspector to determine if the SQG is within the 90-day storage window. Without this information, the inspector can call this a violation of the storage time limit.

The SQG must mark each container with the words "Hazardous Waste" and with other words to identify the contents. Again, the requirement is to mark each container with both sets of words, or it will be a violation.

All containers must be in good condition and not in danger of leaking.

Tip It is a small investment to purchase new or refurbished containers in order to make sure the containers do not leak from corrosion or weakness at the seams of the containers. It is also unwise to

Hazardous Waste Management: An Introduction

employ containers previously used for other wastes or materials unless they are thoroughly emptied and cleaned, inside and out. If employing containers previously used to store different wastes or materials, the facility should remove or paint over all previous markings to avoid confusion and possible labeling/marking violations

The hazardous waste must be stored in containers made of compatible materials.

Tip Also, it is a good idea to have separate storage areas for incompatible wastes, with separate containment areas should they both leak, for health and safety purposes.

All containers must be closed unless in use (being emptied or filled).

The SQG must ensure that all containers are opened, handled, and stored to prevent leaks.

The container storage area must be inspected at least once per week. These inspections must be recorded on some type of log sheet to prove the inspections were made. The log sheet should include the requirements listed above.

On the CD If they use a tank or tanks for hazardous waste storage, the SQG must meet all tank storage requirements listed in EPA regulations, Parts 264 and 265. (These are listed in Appendix 2 on the accompanying CD-ROM.)

The SQG must ensure that all waste shipments are accompanied by a hazardous waste manifest, as in Figure 3.2 [EPA 11e].

It is very important that the generator be aware and support all of the information entered on the hazardous waste manifest because it is the key document to prove their waste arrived at its final destination.

Note These manifests contain a great deal of information about the generator, the waste, how it is to be managed, and its final destination. An improperly completed manifest can create serious violations, especially if the hauler is stopped for a routine waste check or is involved in an accident. As discussed above, in the waste determination section, the generator is solely responsible for completing the manifest and ensuring its accuracy. In the eyes of the regulator, waste broker or handlers are not responsible for completing the manifest form correctly and completely.

In addition:

The SQG must make sure each hazardous waste manifest is accompanied by a properly completed land disposal restriction form. The SQG must maintain copies of all manifests and exception reports for three years, keep records of test results and determinations for three years, keep written communication with treatment storage and disposal facility, keep written proof that the transporter(s) are authorized to deliver their waste, and must meet preparedness and prevention requirements [EPA 11d].

Note Universal wastes generated at the facility do not have to be counted as part of the hazardous waste generated, provided the waste is managed in conformance with the universal waste rules.

Large Quantity Generators (LQG)

LQGs generate ≥ 1,000 kg of hazardous waste per month, or greater than 1 kg acute hazardous waste per month, and stores more than 1,000 kg of hazardous waste and more than 1 kg of acute hazardous waste.

Hazardous Waste Management: An Introduction

Figure 3.2: Hazardous waste manifest form. (From EPA Web site at http://www.epa.gov/osw/hazard/transportation/manifest/ pdf/newform.pdf.) Note Most of the requirements for LQGs are the same as the SQG requirements, with the exception of the three items related to the posting of different information by the telephone listed previously under

Hazardous Waste Management: An Introduction

SQG requirements.

An abbreviated list of the additional requirements for LQGs is provided by the EPA checklist [EPA 11d] as follows:

A LQG has only 90 days to ship a waste off site, as opposed to 180/270 days for a SQG.

LQGs must fill out a Generator Biennial Report (or Annual, depending on the home state) and pay the appropriate generator fees and taxes (depending on the home state regulations).

LQGs must conduct personnel training of all staff in hazardous waste management at the facility, and maintain proof of this training for three years. These records must include the job title for each position, names of the people filling the jobs, a written description of the training, including contingency-plan training.

The LQG must meet all regulatory requirements for preparedness and prevention, including internal alarms, communication devices, fire extinguishers, adequate aisle space to allow emergency access, and provide proof that emergency agreements/arrangements are in place with police departments, fire departments, and local hospitals.

The LQG must have a detailed written contingency plan that includes what facility personnel must do in emergencies, arrangements with emergency authorities, names and addresses and home phone numbers of facility emergency coordinators, a list of all emergency equipment at the facility, and an evacuation plan. This plan must be distributed to all local police, fire departments, and hospitals, and updated as necessary.

As with SQGs, universal wastes generated at the facility do not have to be counted as part of the hazardous waste generated, provided the waste is managed in conformance with the universal waste rules.

Hazardous Waste Transporters

Transporters are allowed to store and transfer hazardous wastes from one vehicle to another for up to 10 days, provided they: obtain and maintain permits to transport hazardous waste, obtain a USEPA ID number, comply with all licensed transporter permit requirements, store waste on site for up to 10 days, and record all transfers from one vehicle to another on hazardous waste manifests for all shipments.

Note Wastes generated by spills or containment and cleanup of spills are normally considered generated by the transporter facility. Exceptions may occur, where the container(s) used by the generating facility were damaged or leaking prior to pickup [EPA 11d].

Interim Status Treatment, Storage, and Disposal Facilities (TSDFs)

Interim Status TSDFs are facilities that were in existence when the hazardous waste regulations went into effect or who subsequently became subject to hazardous waste permitting due to changes in the regulations. These facilities are almost nonexistent, however, those that do exist are required to submit a permit application, and until they do, the existing facility is allowed to continue operation until a final permit is obtained. The requirements for an interim status facility are similar to a LQG, with added requirements for notifications when they receive waste, waste analysis plans, heightened security requirements, groundwater monitoring, closure and post closure plans, and financial sureties in the event that they close.

Treatment, Storage, and Disposal Facilities (TSDFs)

TSDFs operate under a hazardous waste permit that is issued by the regulating state or the federal government, following a rigorous review and a public review process.

Basic requirements for all TSDFs are: they must obtain, maintain, and comply with their hazardous waste permit; if hazardous waste generated, the TSDF must comply with all generator requirements; if the TSDF is a transporter of wastes, it must comply with all transporter requirements; the TSDF must pay TSDF fees, generator fees (if necessary), and keep records; and the TSDF must train staff and maintain training records.

Exemptions from Permitting

There are certain activities that may exempt facilities from needing hazardous waste permits, as listed below:

Cleanup at contaminated hazardous waste sites. The cleanup contractor is required to meet the applicable or relevant and appropriate requirements (ARARs) in RCRA.

Facilities do not store hazardous waste generated on site in containers or tanks for longer than 90 days.

SQGs do not store more than 1,000 kg (2200 lb) on site at any time.

Facilities storing and recycling recyclable materials listed in the regulations, such as certain waste fuels and waste oils.

3.3 CASE STUDIES

Storage of Incompatible Hazardous Wastes in Improper Containers

One of the most dangerous mistakes made in the storage of hazardous waste is storing acids and bases in the same containment areas. Figure 3.3 shows one facility where a hazardous waste inspector found six 55-gallon steel drums of D002 acid waste next to six 55-gallon steel drums of D002 basic (caustic) waste and six 55-gallon drums of solvents, all stored in the same secondary containment area.

Hazardous Waste Management: An Introduction

Figure 3.3: Incompatible wastes stored in same secondary containment area. (Drawing by author.)

The first violation was the storage of wastes using containers that were not compatible with the wastes. The acids and bases are both corrosive, and should never be stored in steel containers.

The second violation was keeping the three incompatible wastes (acids, bases, and solvents) in the same secondary containment area. If the drums had leaked or ruptured, any of the three types of chemicals could have reacted violently, creating possible fumes, explosions, and other hazardous situations.

The company was cited for improper storage of incompatible wastes, and was instructed to transfer the acids and bases into containers made of compatible materials, and to place each of the different types of wastes in separate secondary containment areas.

Discussion: Hazardous waste inspectors find this problem at many site visits, and the issue extends to improper storage of incompatible materials. In one of the case studies in Chapter 2, "Electroplater Who Claims He has No Hazardous Waste", the facility had a production tank with acids and cyanide solutions in the same tank, separated only by a thin sheet of steel. Storage issues such as these are highly dangerous, and owners/operators of production facilities and waste storage areas must be vigilant in order to avoid possible serious incidents.

Below is an example of what can happen if incompatible wastes or materials are mixed together.

Case Study

Dangers of Mixing Incompatible Wastes

Hazardous waste activities can be very dangerous, especially when something goes wrong. In the activities associated with consolidating wastes, facilities and waste managers must be extremely careful when mixing different contents of more than one container into a single container. The mixing of incompatible wastes has resulted in many incidents, and an inspector was involved in the aftermath of one such incident (see Figure 3.4). In April 2002, workers were consolidating some small (15-gallon) unlabeled waste containers into larger (55-gallon) containers at a sign shop in Manhattan, NY, when they accidentally pumped a few gallons of nitric acid into a 55-gallon drum containing lacquer thinner (organics). The drum started hissing, so the employees ran out of the basement just before the drum exploded. Thankfully, no one was killed, but 36 people were injured, including 14 members of the public and six firefighters. The force of the explosion caused a partial collapse of the building, knocking out most of the windows in the six-story building as the concussion went up the elevator shaft and literally blew the windows out to the streets below.

Hazardous Waste Management: An Introduction

Figure 3.4: Aftermath of Kaltech Explosion. (From U.S. Chemical Safety and Hazard Investigation Board, April 2002, online at http://www.csb.gov/assets/news/image/Kaltech1_0001.jpg.)

The sign shop was in the basement of the building, and the rest of the building was used as offices by service firms, professionals, and other businesses. Many of the other occupants of the building claimed they didn't know hazardous wastes were managed in the building. A summary of the investigation log with the recommendations of the Chemical Safety Board is on the Web [CSB 02].

Following this incident, a group of hazardous waste inspectors from throughout New York State were directed to visit several hazardous waste facilities in Manhattan to make sure they were in compliance with all of the hazardous waste rules and regulations, in order to prevent possible future incidents. The focus was on "combined use" buildings, where multiple businesses or residences occupied the same building where hazardous wastes were generated.

There has been a serious lack of communication from government to small businesses that generate hazardous waste. From the time RCRA was passed (1976) until now, many small businesses have not been aware of the requirements contained in the hazardous waste rules and regulations.

Following is a case study that depicts the lack of communication and resulting confusion at businesses concerning the existence of universal wastes and the advantages of declaring certain wastes as universal wastes.

Hazardous Waste Management: An Introduction

Case Study

Universal Waste Confusion

When inspected, many businesses seem surprised to learn that they are subject to hazardous waste rules and regulations, particularly for the generation of fluorescent lamps waste. The lamps were a hazardous waste when RCRA was first passed in 1976, because each lamp contained enough mercury to make them fail the Toxicity Characteristic Leaching Procedure (TCLP). Any facility who replaced fluorescent lamps became a generator of D009 hazardous waste (see Chapter 1). The Universal Waste rules for lamps were not written until 1999, so these used lamps were regulated as hazardous waste.

Unless they had been inspected previously, many of the small businesses were not aware that it was illegal to dispose of the lamps with their municipal trash. Each inspector was responsible for warning the businesses and advising them to manage their lamps as hazardous waste. The situation improved markedly when the Universal Waste Rule for lamps was passed, but many businesses continued to be uninformed of lamp disposal requirements until they were inspected. After the Universal Waste rule was put in place in 1999, the recycling of lamps increased, but many industries did not take advantage of these relaxed standards.

The pollution caused by the improper disposal of fluorescent lamps was hard to quantify, but there was one source that produced a very large quantity of lamps—the tanning booth business. More than one inspector responded to complaints about tanning businesses and their disposal of lamps. On one occasion, the inspector found over 1,000 bulbs in a municipal waste dumpster, waiting for pickup. The inspector called a police officer, who wrote the owner of the tanning business a ticket. The inspector advised the owner to recycle the bulbs that had been put into the dumpster and to recycle all bulbs in the future. The waste hauler was also advised by the officer to refuse to pick up lamps in the future.

Part of this problem has been handled with public outreach efforts and the development of lamps with lower levels of mercury, but the disposal of mercury in the municipal waste stream continues to be a significant problem.

Although an individual state has to have hazardous waste rules and regulations that are at least as stringent as the federal government, sometimes local governments have even more stringent rules and regulations than their home states. This can be very confusing for the industries within that municipality, and they can pay a price for those differences. This case study concerns one of those situations.

Case Study

Dry Cleaner in New York City

(Local regulations supersede federal rules.)

Beyond the issue of individual states sometimes having more stringent hazardous waste regulations than the USEPA, some local governmental districts within the individual states have regulations that are even more stringent than those of the home state.

During a hazardous waste inspection of a dry cleaning establishment in New York City (Manhattan), a hazardous waste inspector conducted an inspection and found the facility to be in substantial compliance with the federal and state rules and regulations.

The federal and state regulations allow the discharge of the waste from dry cleaner's separators to a public sewer. However, in Manhattan, it was illegal for dry cleaners to discharge this waste into a public sewer, so the dry cleaner had to go through an additional rigorous effort to prove this waste was being collected, accumulated, and stored for off-site disposal. A separate pretreatment permit was required for discharge into the publicly owned sewer system.

Discussion: In general, as discussed in Chapter 2, hazardous wastes are normally regulated under RCRA to the point where they are either stored or treated. RCRA regulations do not cover discharge to a public sewer. Other municipalities have differing rules about hazardous waste management, so it is always necessary for generators of hazardous waste to check with their local municipal authorities to know if special local rules exist.

The next case study discusses hazardous waste storage precautions industry should take in those climates where freezing temperatures are a possibility.

Case Study

Bulging Drums in Storage

On a very cold day in the Northeastern section of New York State, an inspector visited a permitted storage facility when the temperature was well below freezing (about 10 ° F).

The facility was in compliance with most of the state and federal regulations and their hazardous waste permit conditions. The only exception was a number of 55-gallon steel drums that were stored outside, bulging at the bottoms and tops. It turned out the wastes contained aqueous wastes and the water in the drums had frozen, causing them to bulge.

The facility paid a monetary penalty and corrected the situation by placing all future aqueous waste in storage buildings that were maintained temperatures above 32 ° F all the time.

Discussion: Similar situations occur throughout the areas where the temperature goes well below 32 ° F, so facility managers are well advised to keep their aqueous wastes in heated storage. Drums may also bulge from high internal pressure, caused by very high temperatures or chemical reactions, as in Figure 3.5, which is from a report about the 2002 Kaltech investigation mentioned earlier.

Hazardous Waste Management: An Introduction

Figure 3.5: Bulging steel drum. (From Investigation Report No. 2002-02-I-NY, Figure 4, Page 20, U.S. Chemical Safety and Hazard Investigation Board, September 2003.)

This bulging drum issue has caused numerous violations in areas of the United States where the temperatures can stay below freezing for extended periods of time or where wastes might be exposed to high pressure. An inspector is not going to cite a violation for improper storage unless the container is affected.

Water and any other compound that expands when it freezes (i.e., acetic acid, elemental silicone, etc.) are wastes of concern for causing bulging containers, because their crystallization upon freezing causes volume expansion.

In the next case study, we will look into a very serious aisle-space violation.

Case Study

Waste Paper Creates Aisle-Space and Fire Violation

A follow-up to the Kaltech incident, led to an inspection in the Greenwich Village Section of Manhattan, New York City, of a printing company that occupied the first two floors of an eight-story building; the upper six floors were offices and residences. The inspection of the print shop revealed no serious violations, that is, until the inspector reached the hazardous waste storage area. The hazardous waste containers were stored on the loading dock, but were not accessible or even visible for inspection. All five of the 55-gallon drums of flammable wastes were totally blocked in by several tons of waste paper stored for recycling.

Hazardous Waste Management: An Introduction

Figure 3.6: Print shop with aisle-space violations. (Drawing by author.)

Many aisle space violations under §265.173 are not considered serious violations, but this was no ordinary case. The seriousness of the violation stemmed from the facts that the building was for multiple use, the offices and residences were on floors above the potential fire hazard, and the flammable wastes were stored in drums surrounded by tons of loose papers. A fire in this area would have been catastrophic.

The owner was cited for the violation and was assessed a substantial penalty.

SUMMARY

In this chapter, you learned more about U.S. hazardous waste management policy, studied the U.S. regulatory standards for categories of hazardous waste generators, hazardous waste transporters and treatment, storage and disposal facilities. You also read case studies on sham recycling of waste tires, storage of incompatible materials, the dangers of mixing incompatible wastes, universal waste confusion, a dry cleaner in New York City (local regulations supersede federal rules), bulging drums in storage, and waste paper creating aisle-space violations.

In the next chapter, you will learn about processes to treat hazardous wastes, including physical-chemical processes, biological processes, and thermal processes; land disposal of hazardous wastes, including deep-well injection, surface impoundments, waste piles; and land treatment facilities; also, hazardous waste storage facilities such as salt bed formations, underground mines or caves, concrete bunkers or vaults; and you will learn about hazardous waste landfills. You will also read a case study on issues with a RCRA- exempted steel drum cooperage (recyler/rebuilder).

EXERCISES

1. What are the main components of the federal hazardous waste management hierarchy?

a. How does EPA define Pollution Prevention?

b. How does EPA define Source Reduction?

c. In your own words, define recycling

2. Under what circumstances may a nonregulated handler of hazardous waste generate hazardous waste and still be nonregulated?

3. What are the hazardous waste generation limits for a Conditionally Exempt Small Quantity Generator (CESQG) of hazardous waste?

4. What are the hazardous waste generation limits for a Small Quantity Generator (SQG) of hazardous waste?

5. Compare the regulatory requirements for a CESQG and a SQG of hazardous waste.

6. What are he hazardous waste generation limits for a Large Quantity Generator (LQG) of hazardous waste?

7. Compare the regulatory requirements for a SQG and a LQG of hazardous waste.

8. Do universal wastes have to be counted as part of the facility's hazardous waste generation?

a. Under what circumstances do universal wastes get counted as regular hazardous waste?

Hazardous Waste Management: An Introduction

Answers

1. 2. By having fluorescent lamps and other mercury containing devices changed out and removed by a property management contractor or electrician as universal wastes. 3. 4. Generates more than 100 kg and no more than 1,000 kg of non-acute hazardous waste or no more than 1 kg of acute hazardous wastes. 5. 6. Generates ≥ 1,000 kg of hazardous waste or greater than 1 kg acute hazardous waste, and store more than 1,000 kg of hazardous waste and more than 1 kg of acute hazardous waste. 7. 8. Not if the universal waste is managed as a universal waste.

a. If they are managed as a hazardous waste or if the original container (or housing) breaks. (broken light bulbs, leaking batteries, pesticide containers, etc.)

REFERENCES

[CSB 02] Kaltech industries building explosion. Chemical Safety Board Digest, New York, New York, April 25, 2002, online at http://www.csb.gov/assets/document/Kaltech_Digest.pdf., (accessed January 2011).

[EPA 06] EPA Region 5 Scrap Tire Cleanup Guidebook (January, 2006). Online at http://www.epa.gov/reg5rcra/wptdiv/solidwaste/tires/ guidance/, (accessed January 2011).

[EPA 11d] EPA Region 2 RCRA Self-Assessment Tools, online at http://www.epa.gov/region2/capp/cip/rcra.htm, (accessed January 2011).

[EPA 11e] EPA Hazardous Waste Manifest Form, online at http://www.epa.gov/osw/hazard/transportation/manifest/ pdf/newform.pdf, (accessed January 2011).

[PPA 90a] Section 6602 (b) of the Pollution Prevention Act of 1990. online at http://www.epa.gov/p2/pubs/p2policy/definitions.htm, (accessed January 2011).

[PPA 90b] Pollution Prevention Act of 1990, U.S. Code Title 42, the Public Health and Welfare Chapter 133 § 13032, online at http://www.epa.gov/p2/pubs/p2policy/act1990.htm, (accessed May 2011).

Hazardous Waste Management: An Introduction

Chapter 3: Hazardous Waste Policy and Regulatory Requirements
IN THIS CHAPTER
3.1 HAZARDOUS WASTE MANAGEMENT POLICY
3.2 REGULATORY STANDARDS FOR HAZARDOUS WASTE FACILITIES
3.3 CASE STUDIES
SUMMARY
EXERCISES
REFERENCES