02 - waste identification part i 2019 - myncma.org€¦ · generator controlled exclusion 40 cfr...

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Department of Environmental Quality

Waste Identification Part I

Nick GuglielmiEnvironmental Specialist II

Hazardous Waste Section Division of Waste Management

[email protected]

2020 Corvette

• 495 Horsepower

• 0-60 mph in less than 3 seconds

• $59,995

Fig. 1. 2020 Chevrolet Corvette from: https://www.motortrend.com/cars/chevrolet/corvette/2020/. Accessed 15 Oct. 2019.

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Nick’s Knick Knacks

Fig. 2. Cartoon factory by: http://cartoonfigure.blogspot.com/2013/07/the-movie-lorax-cartoon-3d-movie.html. Accessed 15 Oct. 2019.

Waste Determinations

• All generators of solid waste are required to make an accurate determination as to whether their waste is hazardous

• Waste needs to be accurately characterized ensure it is managed correctly, as well as to determine generator status

Is Nick’s Knick Knacks a generator of hazardous waste?

Waste Stream A: Solvent used in parts washers

Waste Stream B: Acid used for cleaning metal components

Fig. 3. Parts Washer from https://cdn.vehicleservicepros.com/files/base/cygnus/vspc/image/2012/05/960w/1602_man_10709473.jpg. Accessed 17 Oct. 2019.

Fig. 4. Tote container from https://danielstraining.com/wp-content/uploads/2018/04/Class-8-Label-on-IBC.png. Accessed 17 Oct. 2019.

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What is Hazardous Waste?Solid waste with properties that make it dangerous or capable of having a harmful effect on human health or the environment.

• A material must be considered a solid waste before it can be determined to be a hazardous waste. Any facility that generates a solid waste must determine if their waste is hazardous as required by 40 CFR 262.11

• A waste is a material that has been used or has otherwise served its intended purpose and, for whatever reason (e.g. contamination, spent) can or will no longer be used for its intended purpose

• It is important to note that the definition of solid waste is not limited to wastes that are physically solid. Many solid wastes are liquid, semi-solid, or contained gaseous material

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Two Types of Hazardous Waste

Acute hazardous waste – hazardous wastes that meet the listing criteria in 261.11(a)(2) and therefore are either listed in 261.31 of this chapter with the assigned hazard code of (H) or are listed in 261.33(e) of this chapter.

Non-acute hazardous waste – all hazardous waste that are not acute hazardous waste.

Definition of Hazardous Waste40 CFR 261.3

A solid waste is hazardous waste if it is not excluded from regulation as a hazardous waste under 261.4(b) and it meets any of the following conditions:

• Exhibits a characteristic of a hazardous waste

• Has been named as a hazardous waste and listedas such in the regulation

• Is a mixture containing a listed waste and a non-hazardous waste

• Is a waste derived from the treatment, storage, or disposal of a hazardous waste

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Point of Generation40 CFR 262.11(a)

For each solid waste, the waste determination is made:

- At the point of generation, before dilution,

mixing or other alteration of the wastes occur

- AND at any time in the course of management

that the waste has, or may have, changed its

properties as a results of exposure to the

environment or other factors that may change

the properties of the waste such that the RCRA

classification of the waste may change

At any time in the course of its management…• Generators need to

understand the chemistry and chemical properties of their waste

• A solid waste determined to be non-hazardous at the point of generation can in some cases become hazardous over time while being managed on-site through exposure to the environment (reactive wastes), settling (bi-phasic solvent waste), etc.

Is it a solid waste?

Does it meet a listing description?

Not subject to RCRASubtitle C

Waste is hazardous and subject to Subtitle C regulation

No

No/Yes

Does it exhibita characteristic?

Yes Yes

NoIs it an excluded waste?

Yes

No

Yes

Hazardous Waste Determination40 CFR 262.11

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Solid Waste – Abandoned40 CFR 261.2(b)

Materials are solid wastes if they are abandoned by being:

• Disposed of

• Burned or Incinerated

• Accumulated, Stored, or Treated (but not recycled) before or in lieu of being abandoned by being disposed of, burned, or incinerated

• Sham Recycled

Solid Waste – Abandoned40 CFR 261.2(b)(4)

40 CFR 261.2(g): A hazardous secondary material found to be sham recycled is considered discarded and a solid waste. Sham recycling is recycling that is not legitimate recycling as defined in §260.43

Sham recycling is basically deceptive or trick recycling.

Solid Waste – Abandoned40 CFR 261.2(b)(4)

Examples of Sham Recycling:• Reused Materials Are Ineffective

• When reused materials are ineffective or only marginally effective for their claimed use, the generator cannot claim legitimate recycling.

• Material Used in Excess• If a waste is reused as an ingredient in a product, the waste

must be used only in the amount needed for the process.• Is the material a replacement for another chemical?

• Much more likely to consider it legitimate if the reused material is just as effective as the virgin chemical.

• Proper Product Handling• Handled and stored in the same way that a raw product

would be handled and stored.

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Solid Waste – Legitimate RecyclingLegitimate Recycling 40 CFR 260.43

• Legitimate Recycling is defined in §260.43

• Applicable to all hazardous secondary and hazardous waste recycling

• Requires that legitimacy factors be met

Recycled materials may or may not be solid wastes; it depends on what the material is and how it is recycled

Solid Waste -Inherently Waste-like Material

40 CFR 261.2(d)

Inherently waste-like materials include:• Dioxin-containing waste codes (F020, F021, F022,

F023, F026, F028)• Secondary materials fed to a halogen acid furnace

that are characteristic or listed hazardous wastes• Materials meeting criteria established by EPA

These materials are solid wastes, even when they are recycled

Is Nick’s Knick Knacks a generator of solid waste?


• The solvent will be reclaimed by a third party when it is

spent, i.e. no longer usable

• Since it is a spent material being reclaimed, it is a solid

waste


• The solvent will be disposed of when it is spent

• Since it is being disposed of, it is a solid waste

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Hazardous Waste Determination 40 CFR 262.11(b)

A person must determine whether the solid waste is excluded from regulation under 40 CFR 261.4

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Solid Waste Exclusions 262.11(b)

40 CFR 261.4 has three sections that exclude or exempt certain secondary materials from being either a solid waste or HW

• 40 CFR 261.4(a) identifies materials that are not solid waste

• 40 CFR 261.4(b) identifies solid waste that are not HW

• 40 CFR 261.4(c) identifies HW which are exempted from certain regulations until the HW exits the unit(s) in which it was generated

Exclusions Materials which are NOT Solid Wastes

40 CFR 261.4(a)

Examples:

• Domestic sewage

• Nuclear material

• NPDES discharges

• HSM being reclaimed

• Excluded scrap metal

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Generator Controlled Exclusion40 CFR 261.4(a)(23)

• Hazardous secondary material (specifically spent material, listed byproducts, and listed sludges) that are generated and legitimately reclaimed under the control of the generator, provided that the material complies with 40 CFR 261.4(a)(23)(i) and (ii) are not solid wastes

• This exclusion is optional. Facilities in North Carolina may choose whether to manage hazardous secondary materials under the rule and must notify that they intend to use this exclusion

• Residues or still bottoms generated from the reclamation process are not excluded

Solvent-Contaminated Wipes Exclusion40 CFR 261.4(a)(26) – Reusable

40 CFR 261.4(b)(18) – Disposable (non TCE)

What is Excluded• Wipes containing one or more F001-F005 listed solvent

found in 40 CFR 261.31 or the corresponding P- or U-listed solvent found in 261.33

• Wipes that exhibit a hazardous characteristic resulting from a solvent listed in 40 CFR 261

• Wipes that exhibit only the hazardous characteristic of ignitability found in 40 CFR 261.21 due to the presence of one or more solvents not listed in 40 CFR 261

Solvent-Contaminated Wipes Exclusion40 CFR 261.4(a)(26) – Reusable

40 CFR 261.4(b)(18) – Disposable (non TCE)

What is Not Excluded• Wipes that contain listed hazardous waste other than

solvents

• Wipes that exhibit the characteristic of toxicity, corrosivity or reactivity due to non-listed solvents or contaminates other than solvents

• Disposable wipes that are hazardous waste due to the presence of trichloroethylene

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ExclusionsSolid Wastes which are NOT Hazardous Wastes

40 CFR 261.4(b)

Examples:• Household Waste• Fly ash, slag, scrubber

waste from combustion of fossil fuels

• UST related media and debris from UST cleanups

• Arsenical-Treated Wood• Spent CFC Refrigerants

ExemptionsHazardous wastes exempted from certain

regulations40 CFR 261.4(c)

Examples:• Analytical Samples• Waste in active manufacturing process tanks, vessels,

pipelines• Treatability samples• Spent lead acid batteries that will be reclaimed• Hazardous scrap metal that will be recycled

Active Manufacturing Process Units40 CFR 261.4(c)

HW generated in Product or Raw Material Storage in Tanks, Transport Vehicle or

Vessel, Pipelines & Manufacturing Process Units is exempt until it exits the unit

or remains in an inactive unit for more than 90 days.

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Samples40 CFR 261.4(d)

Samples destined for analytical studies are exempt fromparts is not subject to any requirements of this part orparts 262 through 268 or part 270 or part 124, or to thenotification requirements of Section 3010 of RCRA,while being:

- Stored prior to transportation to lab- Transported to a lab- Analyzed at the lab- Transported from the lab back to the collector

Lead Acid BatteriesSpent lead acid batteries can be managed in one of three ways.- As fully regulated hazardous waste- As universal waste- Exempt hazardous waste under 40 CFR 266,

Subpart G

If the third option is chosen, you must make a waste determination for the batteries per 262.11, complete a one time LDR notification form and send it to the battery reclaimer. However, the batteries would not need to be managed as RCRA regulated waste.

A non-acute hazardous waste container is empty if all wastes havebeen removed that can be removed using practices commonlyemployed to remove materials from the container (pouring,pumping and aspirating); and

• No more than 1 inch of residue remains in the bottom of the container; or

• If the container is < 119 gallons - No more than 3% by weight of the total capacity of the container remains in the container or inner liner; or

• If the container is >119 gallons - No more than 0.3% by weight

Residues of Hazardous Waste in Empty Containers40 CFR 261.7

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A container or inner liner removed from a container that has held an acute hazardous waste listed 261.11(a)(2) and therefore are either listed in 261.31 of this chapter with the assigned hazard code of (H) or are listed in 261.33(e) is empty if:

• The container or inner liner has been triple-rinsed using a solvent capable of removing the chemical product.

Residues of Hazardous Waste in Empty Containers40 CFR 261.7

Is Nick’s Knick Knacks a generator of solid waste?


• Waste Stream A is a solid waste

• After a careful review of the exclusions and exemptions, no exclusions or exemptions

appear to apply


• Waste Stream B is a solid waste

• After a careful review of the exclusions and exemptions, no exclusions or exemptions

appear to apply

Hazardous Waste Determination 40 CFR 262.11(c)

If the waste is not excluded, the person must use knowledge of the waste to determine whether the waste meets any of the listing descriptions under subpart D of 40 CFR 261.

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Hazardous Waste Determination 40 CFR 262.11(c)

• Acceptable knowledge that may be used in making anaccurate determination as to whether the waste is listedmay include:

- waste origin- composition- the process producing the waste- feedstock- other reliable and relevant information. e.g., the

regulatory language of the listing, the regulatory intent of the original listing (as evidenced by Federal Register notices, background documents, etc.)

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Listed Hazardous Waste

• Generated from specific industrial sources

• Chemicals considered “acute” hazardous wastes (P-Listed or F-listed with a (H) hazard code)

• Chemicals considered “toxic” hazardous wastes

• Determination is based on knowledge, not testing

A waste is determined to be a hazardous waste if it is specifically listed on one of four lists (the F, K, P and U lists) found in title 40 of the Code of Federal Regulations (CFR) in section 261.

Listed Hazardous WasteThere are four separate lists of hazardous waste (261.31-261.33)

• F-list: Process waste from non-specific common sources

• K-list: process waste from specific sources

• P-list: Unused Acutely hazardous chemicals

• U-list: Unused toxic chemicals

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Hazard Codes Represent EPA’s Basis for Listings40 CFR 261.30(b)

• Ignitable waste – (I)• Corrosive waste – (C)• Reactive waste – (R)• Toxicity characteristic waste – (E)• Acute hazardous waste – (H)• Toxic waste – (T)

To indicate its reason for listing a waste, EPA assigns a hazard code to each waste listed on the F and K list.

F-listed WasteSeven groups make up the F list:

• Spent solvent wastes (F001-F005)

• Heavy metal and cyanide wastes (F006-F012, F019)

• Dioxin-containing wastes (F020-F023, F026-F028)

• Chlorinated aliphatic hydrocarbons production wastes (F024)

• Wood preserving wastes (F032-F035)

• Petroleum refinery wastewater treatment sludges (F037 and F038)

• Multi-source leachate (F039)

F-listed Spent Solvent WastesFor a solid waste to be F001 – F005 the solvent must meet certain criteria:

• It must be used to solubilize or mobilize

• It must be spent (no longer fit for use without being regenerated)

• It must meet a specific before-use concentration of ten percent or more

• Still bottoms from solvent recycling are also included in the F001 – F005 listings

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The F001 – F005 Listings

Only apply if a before-use concentration threshold is exceeded

For mixtures of F001, F002, F004, and F005:

• If the total of all solvent constituents before use, is greater than or equal to 10 percent by volume, all appropriate listings apply to the spent solvent

F-listed Spent Solvent WasteExample # 1

• Is this solvent mixture an F-Listed Waste? Before-use concentration:

28% carbon tetrachloride (F001)4% tetrachloroethylene (F001)68% water

Answer: YESSpent solvent is F001 (32% total listed solvent constituents)



6% carbon tetrachloride (F001) 3% cresylic acid (F004) 4% toluene (F005) +87% water

Answer: YESSpent solvent is F001, F004, F005 (13% total listed solvent constituents)

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9% toluene (F005) 2% trichlorofluoromethane (F002) + 89% unlisted solvent constituents

Answer: YESSpent solvent is F005, F002 (11% total listed solvent concentration)


• If a solvent containing a before use concentration of 15% MEK (F005) is added to paint at a facility as a thinner, is it an F-listed Waste when disposed of?

Answer: NOThe solvent was used as an ingredient and is not F-Listed. The solvent can be added by the facility or manufacturer. Waste couldstill be characteristic.

F-listed Spent Solvent WasteF003 listed wastes contain:

• Only F003 constituents, which are pure or technical grade, or

• One or more F003 constituents and 10 percent or more of the other (F001, F002, F004, F005) listed solvents prior to use

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Technical grade refers to all grades of a chemical that are marketed or recognized for general usage by the chemical industry

The F003 Listing Applies to Pure or Technical Grade Before Use Solvent

F003 Spent Solvent WasteExample #1

•Would a commercially available solvent formulation consisting of 99.98% xylene and 0.02% benzene and toluene meet the F003 listing when used for its solvent properties and discarded?

Answer: Yes, the commercially available solvent qualifies as a technical grade formulation. The technical grade solvent formulation, once spent, meets the F003 listing despite containing, before use, less than 100% of the non-halogenated solvents specified in the listing description.



15% acetone (F003)85% water

Answer: No listing would apply when spent because the solvent mixture is neither pure nor technical grade and does not contain any other listed solvent constituents.

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15% tetrachloroethylene (F001)

1% xylene (F003)

84% water

Answer: It would carry both the F001 and F003 waste codes. The F001 waste code would apply because it contains more than 10% F001 solvent before use, while the F003 listing applies because it contains more than 10% F001, F002, F004, or F005 and any amount of F003 solvent constituents before use.



9% tetrachloroethylene (F001)1% xylene (F003) 90% water

Answer: No. It would not carry neither an F001 nor an F003 listing waste code, as is contains less than 10% F001, F002, F004, or F005 solvents before use.

F003 Spent Solvent WasteIs Special

•F003-listed solvents are listed solely because of their ignitability characteristic.

•There is an exemption for wastes listed only for an ignitability (I), corrosively (C), or reactivity (R) characteristic in 40 CFR section 261.3(g)(1)

• If the spent solvent does not exhibit the characteristic of ignitability, the waste would not be designated as an F003 solvent.

Warning: Do not dilute a waste to change it’s properties.

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K-listed Waste – From a Specific Source40 CFR 261.32

• Wood preservation

• Inorganic pigments

• Organic chemicals

• Inorganic chemicals

• Pesticides

• Explosives

• Petroleum refining

• Iron and steel

• Primary aluminum

• Secondary lead

• Veterinary pharmaceuticals

• Ink formulation

• Coking

P and U-listed Waste40 CFR 261.33

Discarded commercial chemical products, off-specification species, container

residues, and spill residues thereof of unused product with the hazard code

of H and T.

P and U-listed Waste40 CFR 261.33(a – d)

• The P and U listings apply to:• The unused chemical in pure form• Unused product where P or U-chemical is the sole active

ingredient• Residue, soil, or debris contaminated by P or U listed chemical

spills• Off specification commercial chemical products• Container or inner liners removed from a container that held P

or U-listed chemicals • Cannot have been used or become spent• Cannot have been mixed with other chemicals/active

ingredients to form a product

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P and U-listed Waste40 CFR 261.33(a – d)

• Pure Grade100% Pure

• Technical grade Refers to all commercial grades of a chemical, which in some cases may be marketed in various stages of purity

• Sole active ingredient Means the active ingredient is the only chemically active component for the function of the product

The P and U listings Include Unused Pharmaceuticals

• Epinephrine P042

• Nitroglycerine P081

• Chlorambucil U035

• Melphalan U150

• Mitomycin C U010

• Resperine U200

• Streptozotocin U206

• Diethylstilbestrol U089

• Warfarin and Salts, when present at concentrations> than 0.3% P001<= 0.3% U248

P and U-listed WasteExample #1

• CCP Formulations =• Isobutyl Alcohol (U140) -active ingredient • MEK (U159) -active ingredient

Question: Is this a P or U Listed Waste?

Answer: NoBecause there is more than one active ingredient

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• CCP Formulations =• Toluene - 3% concentration, active

ingredient • Functionally inert component -97%

concentration

• Question: Is this a U-Listed waste if spilled or discarded?

Answer: Yes. U220 because it is the sole active ingredient


• E-cigarette cartridge:• Nicotine (1-2.5%)• Flavorings• Propylene glycol• Vegetable glycerin• Polyethylene glycol 400

• Question: Is this a P-Listed waste if discarded?

Answer: Yes and No. Could be P075 If generated at a place of business and thrown away.

Hazardous Waste Determination 40 CFR 262.11(c) and 15A NCAC 02I .0501

• If the waste is listed, the person may file a delistingpetition under 15A NCAC 02I .0501 and 40 CFR 260.22to demonstrate the waste from this particular site oroperation is not a hazardous waste.

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Is Nick’s Knick Knacks a generator of listed hazardous waste?


• Solvent mixture before-use concentration =

• 9% toluene (F005)

• 2% trichlorofluoromethane (F002)

• + 89% unlisted solvent constituents

• Waste Stream A is a listed hazardous waste (F002,

F005)


• Waste Stream B consists of hydrochloric acid and water

• After a careful review of the listed wastes, no listings

appear to apply

Updates to Hazardous Waste Determination40 CFR 262.11(d)

The person then must also determine whether the wasteexhibits one or more hazardous characteristics as identifiedin subpart C of 40 CFR part 261 by following theprocedures in paragraph (d)(1) and (2) of this section, or acombination of both.

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Updates to Hazardous Waste Determination40 CFR 262.11(d)

The person must apply knowledge of the hazard

characteristic of the waste in light of the materials or

the processes used to generate the waste.

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Updates to Hazardous Waste Determination 40 CFR 262.11(d)

• Acceptable knowledge may include:

- process knowledge (e.g., information about chemicalfeedstocks and other inputs to the production process)

- knowledge of products, by-products, and intermediatesproduced by the manufacturing process

- chemical or physical characterization of wastes

- information on the chemical and physical properties of thechemicals used or produced by the process or otherwisecontained in the waste

- testing that illustrates the properties of the waste

- other reliable and relevant information about the properties of the waste or its constituents

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Updates to Hazardous Waste Determination 40 CFR 262.11(d)(1)

• A test other than a test method set forth in subpart C of

40 CFR part 261, or an equivalent test method

approved by the Hazardous Waste Section under 40

CFR 260.21, may be used as part of the person's

knowledge to determine whether a solid waste exhibits a

characteristic of hazardous waste.

• However, such tests do not, by themselves, provide

definitive results.

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• When available knowledge is inadequate to make an

accurate determination, the person must test the waste

according to:

- the applicable methods set forth in subpart C of 40

CFR part 261 or

- according to an equivalent method approved by the

HWS under 40 CFR 260.21.

When properly performed, definitive for determining the

regulatory status of the waste.

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• Persons testing their waste must obtain a representative

sample of the waste for the testing, as defined at 40

CFR 260.10.

"Representative sample means a sample of a universe

or whole (e.g., waste pile, lagoon, ground water) which

can be expected to exhibit the average properties of the

universe or whole.“

This does not imply that the results of different samples

should be averaged

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Remember: A Hazardous Characteristic Determination Must be Made Regardless of Listing Status

Even if the waste is listed, the generator must still

determine if the waste exhibits a characteristic in order to

comply with land disposal restrictions (LDR) in 40 CFR Part

268

• Need the full list of applicable waste codes to identify

all necessary treatment

Note: Under 268.9(b), the treatment standard for the listed

code will operate in lieu of the standard for the

characteristic (if the constituent causing the characteristic

has a treatment standard via the listed code).

Characteristic Hazardous Waste

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Characteristic Hazardous Waste40 CFR 261 Subpart C

Characteristic waste are identified as hazardous because they exhibit a generic property that makes them hazardous to human health or the environment independent of it’s source.

The four properties are ignitability, corrosivity, reactivity, and toxicity. Identified through testing or by using generator knowledge

Ignitability - D00140 CFR 261.21

• Liquid (other than aqueous solution containing <24% alcohol) identified by paint filter test or pressure filtration & has a flash point <140 F

• Solid capable under std. temp and pressure of causing fire by friction, absorption of moisture, or spontaneous ignition

• Ignitable compressed gas

• Oxidizer or organic peroxide

Test Methods for Ignitability - D00140 CFR 261.21

Test methods for ignitability include:

• Pensky-Martens Closed-Cup Method for Determining Ignitability (SW-846 Test Method 1010A)

• Setaflash Closed-Cup Method for Determining Ignitability (SW-846 Test Method 1020B) Ignitable compressed gas

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Optional Test Methods Ignitability - D001 40 CFR 261.21

• Ignitability of Solids (SW-846 Test Method 1030)

• Oxidizing Solids (SW-846 Method 1040)

These test methods cannot be used to directly classify a waste as a D001 hazardous waste, nor can the results be used by themselves to definitively classify a waste as non-hazardous.

Is the Following Waste Ignitable?Example #1

A liquid with a flash point of 150 °F

No.The flashpoint is greater than 140 °F


Water solution containing 20% methanol with a flashpoint below of 120° F.

No. The intention of the exclusion for aqueous (at least 50% water) alcohol solutions was aimed at alcoholic beverages containing ethanol, but the regulations don’t specify that ethanol is the only alcohol covered. So any waste that is ignitable solely because it contains less than 24% by volume of chemicals with the hydroxyl [-OH] group is excluded from regulation.

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Rubbing alcohol with 10% alcohol and 90% water by volume

No. There is more than 50% water, therefore it is aqueous, and < 24% alcohol, so alcohol exclusion applies

Is the Following Waste IgnitableExample #4

Acetone paint thinner containing 36% water by weight and a flash point of 105 F

Yes. The flashpoint is less than 140 F.

Is Nick’s Knick Knacks a generator of ignitable hazardous waste?


• Flash point testing indicates that the flash point is 115

degrees

• Waste Stream A is hazardous for the ignitablitiy

characteristic


• Flash point testing indicates that the flash point is 210

degrees

• Waste Stream B is not hazardous for ignitability

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Corrosivity – D00240 CFR 261.22

• Aqueous (At least 20% water by volume) and has a pH < 2 or > 12.5 (Method 9040C)

• A liquid and corrodes steel at a rate >0.25 in/yr.

Corrosivity – D002Which one do I use?

• If your waste contains less than 20% water you cannot use the 1st method.

• The second determination must be used to determine corrosivity in two circumstances:

• The waste contains <20% water and therefore is not suitable for the first determination.

• The waste passes the first determination with a pH of >2 or < 12.5.

• EPA specifies Method 1110A for determining if a liquid sample is able to corrode steel (SAE 1020) at a rate greater than 6.35 mm (0.250 inch) per year at a test temperature of 55 °C (130 °F).

Is the following waste corrosive?Example #1

Battery acid with a pH of 1.8

Yes. The pH is <2.0

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A jar of sodium hydroxide pellets is too old for use elsewhere on campus. Is the sodium hydroxide solid waste? Is it hazardous waste?

Answer:It is a solid waste, but not a hazardous waste.Remember the definition of Corrosive:

• Aqueous and pH is < 2 or > 12.5• A liquid and corrodes steel at a rate >0.25 in/yr• Has to be an aqueous solution or liquid


A caustic waste with a pH of 13 is generated at a plant but is always neutralized to well below 12.5 before shipment offsite. Did the plant generate a D002 waste?

Yes. It meets the definition of a corrosive at it’s point of generation even though it is neutralized. LDR restrictions may also apply.

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Liquid lime-based floor cleaner with a pH of 10.9

Maybe. The pH is below 12.5, but it could corrode steel at a rate of >.25 inch/year

Is Nick’s Knick Knacks a generator of corrosive hazardous waste?


• The pH is 6.4, and the solvent erodes steel at a rate

of 0.003 in/yr

• Waste Stream A is not hazardous for corrosivity


• The pH is 1.7

• Waste Stream B is hazardous for the corrosivity

characteristic

Reactivity – D00340 CFR 261.23

• Normally unstable and readily undergoes violent change w/o detonating

• Reacts violently with water

• Forms potentially explosive mixtures with water

• Generates toxic gases when mixed with water

• Cyanide or sulfide bearing waste that can generate toxic gases

• Forbidden explosive per DOT regulations

• No test methods available for determining reactivity

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Is Nick’s Knick Knacks a generator of reactive hazardous waste?


• Based on generator knowledge, the waste stream

is not reactive


• Based on generator knowledge, the waste stream

is not reactive

Toxicity - D004-D043

Wastes that are hazardous due to the toxicity characteristic are harmful when ingested or absorbed. Toxic wastes present a concern as they may be able to leach from waste and pollute groundwater.

Toxicity Characteristic40 CFR 261.24

Based on Toxicity Characteristic Leaching Procedure (TCLP) SW-846 Test Method 1311:

• Extract leachate with an acid• Evaluate extracted concentration against regulatory

levels in §261.24

40 contaminants: D004-D043• Example regulatory levels:

Lead 5.0 mg/LCadmium 1.0 mg/LMercury 0.2 mg/LBenzene 0.5 mg/LSilver 5.0 mg/L

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Toxicity CharacteristicOther Methods for Determining Toxicity

• Assume a waste to have a toxic characteristic and manage as such

• Rely on the information in a Material Safety Data Sheet (exercise extreme caution)

• Use the oily waste extraction procedure (OWEP – Method 1330 in SW-856) for wastes containing oil or grease in concentrations of ≥1%

• Use a combination of generator knowledge and analysis

• Use total waste analysis

Using SDS as Knowledge of Toxicity Characteristic

OSHA regs do not require manufacturers to identify constituents present in material at concentrations below:

• For noncarcinogens: 1% (10,000 ppm)

• For carcinogens: 0.1% (1000 ppm)

• The product may contain toxicity characteristic constituents above RCRA regulatory levels even when not identified on the SDS

Toxicity CharacteristicWhat about Liquids?

To evaluate the regulatory status of a liquid sample (<0.5% filterable solids):

1. Filter

2. Analyze for total concentration of toxic characteristic hazardous waste

3. Compare results directly to regulatory levels

4. If no total result is greater than the regulatory levels, then the sample does not exhibit the toxicity characteristic

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Toxicity CharacteristicTotals Analysis for Solids

To evaluate the regulatory status of a 100% solid sample (no filterable liquid):

1. Analyze for total concentration of toxic characteristic hazardous waste

2. Divide the results by twenty (20) to determine the Maximum Theoretical Leachate Concentrations

3. Compare the Maximum Theoretical Leachate Concentrations to the regulatory levels

4. If no Maximum Theoretical Leachate Concentration equals or exceeds the regulatory levels, then the sample cannot exhibit the toxicity characteristic

Is the Following Waste Toxic?Example #1

Lead solder – 6.6 mg/L per TCLP

Yes. TCLP is > 5.0 mg/L regulatory level for lead


Totals analysis of spent abrasive blasting beads returned the following:

Chromium: 530 mg/kgLead: 50 mg/Kg

Is This a hazardous waste?

Maximum soluble results for chromium would be 26.5 mg/l and 2.5 mg/l for lead. Waste would be D007 hazardous waste.

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Parts washing wastewaters containing 2.0 mg/L benzene per SDS

Could be. Concentration presented was not determined through testing.


Silver fixing bath – 4.5 mg/L per totals analysis

No. The concentration does not exceed the 5.0 mg/L regulatory level for silver

Is Nick’s Knick Knacks a generator of toxic hazardous waste?


• TCLP testing indicated that MEK is present at 234.7 mg/L. No other toxicity

characteristic constituents were present over regulatory

levels

• Waste Stream A is hazardous for MEK (D035)


• TCLP testing indicated that chromium is present at 7.2 mg/L and lead is present at 12.7 mg/L. No other toxicity characteristic constituents

were present over regulatory levels

• Waste Stream B is hazardous for chromium (D007) and lead (D008)

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Hazardous Waste Determination 40 CFR 262.11(e)

• If the waste is determined to be hazardous, thegenerator must refer to parts 261, 264, 265, 266, 267,268, and 273 of this chapter for other possibleexclusions or restrictions pertaining to management ofthe specific waste.

SQGVSQG

LQG

Hazardous Waste Coding40 CFR 262.11(g)

• If the waste is determined to be hazardous, SQGs and

LQGs must identify all applicable EPA hazardous waste

numbers (EPA HW codes) in subparts C and D of parts

261.

• Prior to shipping the waste off site, the generator also

must mark its containers with all applicable EPA

hazardous waste numbers (EPA HW codes) according

to 40 CFR 262.32.

What Waste Codes apply to Nick’s Knick Knacks’ waste streams?


• Waste Stream A is a listed hazardous waste (F002,

F005)

• Waste Stream A is hazardous for ignitability,

(D001) and Toxicity (D035)


• Waste Stream B is not a listed waste

• Waste Stream B is hazardous for corrosivity

(D002) and toxicity (D007, D008)

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Recordkeeping40 CFR 262.11(f)

Recordkeeping for small and large quantity generators:

• A SQG or LQG must maintain records supporting its HW

determinations, including records that identify whether a

solid waste is a hazardous waste as defined in 40 CFR

261.3.

• Maintained for at least 3 years from the date the waste

was last sent to the on-site or off-site treatment, storage,

or disposal.

Recordkeeping40 CFR 262.11(f)

Recordkeeping for SQGs and LQGs:

• These records must comprise the generator's

knowledge of the waste and support the generator's

determination, as described at paragraphs (c) and

(d) of 40 CFR 262.11.

Hazardous Waste Determination Records40 CFR 262.11(f)

The records must include (but are not limited to) the following types of information:

• The results of any tests, sampling, waste analyses, or other determinations made

• Records documenting the tests, sampling and analytical methods used

• Records consulted in order to determine the process by which the waste was generated, the composition of the waste and the properties

• Records which explain the knowledge basis for the generator's determination

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What About Unknown Wastes?• Any generator managing a potentially hazardous waste

should manage it as a hazardous waste in accordancewith the generator regulations until such time that thegenerator is sure that the waste is not hazardous.

QUESTIONS ?

BREAK!

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02 - waste identification part i 2019 - myncma.org€¦ · generator controlled exclusion 40 cfr...

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