Resource Conservation and Recovery Act (RCRA)

1ESC 504 Text: Toxic Substances and Controls Guide 2nd Edn. Reading Assignment: RCRA: p 167-196

Resource Conservation and Recovery Act (RCRA)

U.S.

Code citation: 42 USC 6901 et seq Regulation: 40 CFR 240-271 Federal Agency with Jurisdiction: EPA Enacted 1976 Amended 1978, 1980, 1984, and 1988

Resource Conservation and Recovery Act (RCRA)

What it Regulates and Why Control solid waste disposal Encourage recycling and alternative source of energy Major emphasis on control of Hazardous Waste

Resource Conservation and Recovery Act (RCRA)

Law establishes a system which identifies hazardous waste and track their generation, transportation, and ultimate disposal Set standards for sites and state hazardous waste programs

Brief History of RCRA

In 70s only 10% of all HW was managed in an environmentally sound manner. Threats posed by mismanagement:

- accidental spills
transportation hazards

- illegal midnight dumping - improper disposal at landfills - health hazards

Brief History of RCRA

Waste generated in the early 1900s

- 500,000 metric tons

Waste Generated this decade

- over 279 million metric tons

Reason of increase:
- industrial revolution, WWII, Medical science, Agriculture, population growth

Brief History of RCRA

1970s Environmental Decade

1976 - Love Canal

1980s hazardous waste leading issue 1990s hazardous waste accounted for 50% of the $8.2 billion -consulting market

Estimate for 2020- $30 Trillion

Where does RCRA fit On the Regulatory Scheme?

CAA Cradle
Hazardous Waste Generation

Grave
RCRA Landfill

Transportation of Hazardous waste

RCRA TSCA HMTA FIFRA FFDCA OSHA Waste byproduct laws:

RCRA CAA CWA SDWA

RIP RIP RIP RIP

HMTA CERCLA

Evolution of RCRA
SOLID WASTE DISPOSAL ACT OF 1965

SWDA

RESOURCE CONSERVATION & RECOVERY ACT OF 1976

RCRA

HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984

HSWA

FEDERAL FACILITY COMPLIANCE ACT OF 1992

FFCA

LAND DISPOSAL PROGRAM FLEXIBILITY ACT OF 1996

LDPFA

Major Subtitles of Act

Subtitle B: Solid Waste and Resource Recovery Subtitle C: Hazardous Waste Management Subtitle E: New technologies and new markets for recycled materials Subtitle I: Regulation of Underground Storage Tanks (USTs)

What is involved in the management of Hazardous waste

HW Identification Recycling/ Universal wastes Generators Transporters TSDFs Permitting

Corrective Action Land Disposal Restrictions Enforcement Authorizing states to implement RCRA

RCRA: Major Provisions

The major provisions in the law for the control of toxic chemical waste are: 1. Section 3001: identifies and lists hazardous waste and provides the provisions for the regulation of small generators of small quantities of hazardous waste. 2. Sections 3002 and 3003: Sets standards for hazardous waste generators and transporters.

RCRA: Major Provisions

3. Section 3004: Sets standards for facilities which treat, store and dispose hazardous waste. 4. Section 3005: Provides permitting standards for hazardous waste facilities. 5. Section 3007, 3008: Provides enforcement of standards.

Subtitle C Regulations
Cradle-to-Grave management of hazardous Waste

Definition of Hazardous Waste

A

waste is a hazardous waste if it:

Is not excluded under 6621.4 or 25143.2 Exhibits a characteristics found in Article 3 Is a listed in Article 4 Is a mixture of a waste and hazardous waste

Hazardous Waste Identification Process

Is material a solid waste?
Yes
No

Is waste excluded from the definition of solid or hazardous waste

No

Yes

Material is Not subject to RCRA Subtitle C Regulation

No

Is waste a listed or characteristic waste?

Yes

Yes
No

Is waste delisted?

Waste is subject to RCRA Subtitle C Regulation

Hazardous Waste Determination

Questions to Ask: 1. Is material a waste 2. Is it excluded 3. Is Material a Hazardous Waste 4. Is it listed 5. Does it exhibit a characteristic of hazardous waste 6. Is it excluded or exempted

Determination of Hazardous Waste

Is it a Waste? A material which has been used or otherwise served it intended purpose and, for whatever reason (contamination, being spent, or simply intent) can or will no longer be used for its intended purpose.

Exempted Waste
Household waste agricultural waste mining overburden waste characterization samples treatability samples

Excluded Wastes
Spent CFC refrigerant used oil filters used oil (recycled) domestic sewage Industrial waste discharge

Listed Wastes

F series wastes
- non-specific sources - most common examples are spent solvents - material must be used or spent

P wastes
- acutely toxic - dangerous at very small quantities

U Wastes
- toxic waste - other characteristics
ignitable reactive

K series wastes
- specific sources - applies primarily to industrial processes

Listed Wastes

F series wastes
HW from non-specific sources most common examples are spent solvents material must be used or spent Designated with a 4-digit code beginning with an F

Listed Wastes

K series wastes
HW from specific sources applies primarily to industrial processes

U and P wastes
Discarded commercial chemical products , containers residues and chemical products Designated with a four digit code beginning with U or P

Characteristic Waste

Ignitability
- a liquid w/flash point less than 60 C (140F) except for aqueous solutions containing less than 24 % alcohol - a non-liquid capable of causing fire - a substance that burns vigorously - an ignitable compressed gas - an oxidizer per HMTA regulations - Designated as D001

Characteristic Wastes

Corrosivity An aqueous with pH less than 2 or more than 12.5 a liquid that corrodes steel at a rate greater than 6.35 mm (.25 inch) per year at 55 C. Designated as D002

Characteristic Wastes

Reactivity Normally unstable, undergo violent change without detonating Reacts violently with water forms potentially explosive mixture with H2O Generates toxic gases, vapors, fumes

Characteristic Wastes

will detonate at standard temp and pressure Generates toxic gases, vapors, fumes will detonate at standard temp and pressure listed by HMTA as a class A or B explosive Designated as D003

Characteristic Wastes

Toxicity according to TCLP include: heavy metals volatile organic compounds (VOCs) pesticides Designated as D004 through D043

Section 3002, 3003 Generator and Transported Standards

This section establish the regulation which specifies the duties of generators and transporters of hazardous waste Generators Defined: Any person or firm who creates or produces a hazardous waste or first brings it into the RCRA subtitle C system.

Generator Classification

Large Quantity Generators (LQG) Generates over 1000 Kg hazardous waste/ calendar month or Generates over 1 kg of acutely hazardous waste Storage requirements: 90 days Can accumulate up to 6000 kg at any time

Generator Classification

Small Quantity Generators (SQG)

- Generates between 100 and 1000 kg hazardous waste/ calendar months or - Up to 1 kg of acutely hazardous waste/ calendar month - Storage requirements: 180 days (230 days if transportation to TSDF is over 200 miles away)

Generator Classification

Conditionally Exempt Small Quantity Generators (CESQG) Generates less than 100 kg hazardous waste/ calendar month Or less than 1 kg of acutely hazardous waste / cal month Currently exempt from regulation provided that Treatment of hazardous waste is done at licensed facility Above requirements are met

Generator Requirements

1. EPA I.D. number: Generators must apply for permit within 90 days of beginning operation. 2. Labeling: must use appropriate containers and labels as specified by DOT 3. Manifesting waste: Use of Registered haulers 4. Record-keeping 5. Waste Reduction 6. Onsite requirements

Transporters Requirement
1. EPA I.D. 2. Manifest 3. Registration: Haulers are required to have minimum of 1 Million Liability Training 4. Drivers have to be trained

Transporters Requirement

5. Certification of Vehicles 6. Comply with DOT rules on reporting discharges and spills 7. Clean up any waste discharged during transportation.

Section 3004: Treatment Storage and Disposal Facilities (TSD)

Any place which stores hazardous waste for more than 90 days or offsite needs a permit. Two types of permits Part A. (Interim Status Document):

Under RCRA, you have to have both A and B permitting. Part A allows existing facility to operate while going through part B.

Treatment Storage and Disposal (TSD) Facilities

Part B (Final Permit): the 1986 HSWA amendment came into effect and found that only 6 facilities have permit.

Section 3004: TSD Facilities

General Facility Requirements: Analyze waste entering facility to assure identity Provide Security Train Employees Take special precautions to prevent accidental reactions etc.

Section 3004: TSD Facilities

Maintain accessible and operating emergency equipment etc. Inform police and local emergency response team about layout of facility and hazards they may encounter Have a written plan for responding to emergencies and an emergency coordinator to handle such situations

Section 3004: TSD Facilities

Manifest, Record Keeping and Reporting Operator must sign and date manifest and return a copy to transporter and generator within 30 days. Waste that arrives without a manifest must be reported within 15 days. Records of type, quantity and how waste is treated must be kept.

Section 3004: TSD Facilities

Operating Criteria:
Must monitor groundwater Monitor waste medical

Other requirements
1. Tanks: Tanks should have secondary containment , valves, and other controls. 2. Landfills (Land bans) 3. Storage facilities 4. Ponds

Section 3005: Facility Permits

Section requires that any facility that treats, stores, or disposes wastes must obtain permit from EPA, or from relevant state (authorized state). EPA reviews permit applications and informs public about application.

Section 3005: Facility Permits

If EPA decides to grant permit, it must inform public and schedule time for public notice, comment, and sometimes hearing. Once issued permits are effective for 10 years. Permits are reviewed every five years and facilities inspected every two years

Section 3007, 3008: Facility Enforcement

Enforcement of RCRA is carried out by States, EPA and DOT. DOT monitors transporters and Shippers of hazardous wastes. EPA uses compliance orders, administrative orders, and consent decrees to enforce compliance with the law.

Section 3007, 3008: Facility Enforcement

EPA is also authorized to enter sites to inspect for compliance, collect samples of waste, and examine and copy records to waste. Civil penalties up to $25,00 per day are authorized for missing compliance deadline.

Section 3007, 3008: Facility Enforcement

EPA also can issue corrective orders to facility under interim status if a release of hazardous waste occurs. Failure to meet corrective order deadlines can also result in civil penalties up to 25,000/day Penalties for knowingly violating provisions of law may result I penalties of up to $50,000/ady and /or up to two years in jail

Subtitle I: Underground Storage Tank

This subtitle provides for the regulation of underground storage tanks that contain petroleum or other regulated substances. The program exempts residential tanks, septic tanks, and tanks regulated under other laws. Tanks under this amendment must meet certain technical performance standards.