# Presentation: 770474

## 	USDA Forest Service     Region 2

- Tools for Compliance

- RCRA – Hazardous Waste Management
- And Pollution Prevention

*This presentation was adapted from a National Park Service, Intermountain Region Office, document.*

**Notes:**
Greeting - Let the participants know that you are pleased to have them in attendance, and that you are excited about being here.

Introduce Yourself - Provide a little background so the audience feels like they know you.

Introduce the Topic:

Objectives of this course:
Be able to recognize waste materials that may be subject to expanded regulation as a hazardous waste.
Have general knowledge of the requirements for management and disposal of USDA Forest Service wastes.
Also, remember the best way to manage hazardous waste is to not have any.

This course is projected to require 4 hours to complete.  There is a large quantity of information to be presented, and participants should be prompt in returning at the end of breaks.

## What is RCRA ?

*What is RCRA ?*

*The Resource Conservation and Recovery Act (RCRA) is the legislation passed in 1976 by the United States Congress which requires the management and disposal of hazardous waste in accordance with USEPA regulations. *

**Notes:**
See Page 38 of the USDA Forest Service Environmental Resource Manual
Passed in 1976, the Resource Conservation and Recovery Act (RCRA) is the key legislation defining national program requirements for managing hazardous waste during generation, transportation, treatment, and disposal of the waste.
RCRA was most significantly amended in 1984 by legislation known as the Hazardous and Solid Waste Amendments (HSWA). Through this legislation, Congress imposed land disposal restrictions on the hazardous waste management program.
In this class, we will explore the requirements of RCRA as they pertain to hazardous waste generators, with an emphasis on USDA Forest Service activities.
You can minimize or eliminate your need to comply with these regulations if you can eliminate all hazardous waste from your Forest through pollution prevention.
USEPA - United States Environmental Protection Agency
USEPA requires state regulations to be as stringent as Federal regulations.  They may be more stringent, or broader in scope, but they may not be less stringent than Federal regulations.  Be sure you are in compliance with state requirements.
The regulations that address hazardous waste management can be found at Title 40, Code of Federal Regulations, Parts 260 - 270 (40 CFR 260 - 40 CFR 270) 

## Generator

*Generator*

*Any person, by site, whose act or process produces hazardous waste identified or listed in Part 261 or whose act first causes a hazardous waste to become subject to regulation.*

**Notes:**
See Generator definition at 40 CFR 260.10.  The first thing you need to know is “Who is a Generator?”  Within the definition presented here, there are several “key words” that need some explanation.  
Person - (40 CFR 260.10) RCRA defines a “person” very broadly to mean an individual, trust, firm, joint stock company, Federal Agency, corporation, partnership, association, State, municipality, commission, political subdivision of a State, or any interstate body.  For the Forest Service, a “person” would be a Ranger District or possibly a Forest.
Site - while “site” is not specifically defined, the definition of the term “on-site” (40 CFR 260.10) talks about the same or geographically contiguous property.  The point here is that each individual location owned by a “person” is a separate site, and thus a separate generator.  For the Forest Service, again each District would probably contain one or more sites.  Each Work Center could be a separate site.
Produces a Waste - as it implies, those whose act or process produce a waste are generators of the waste.  At the Forest Service, each District or site would produce the waste.
Become Subject to Regulation - If you import waste from out of the country, you cause it to become subject to regulation.  Mixing non-regulated household hazardous waste with regulated hazardous waste causes it to become subject to regulation.  When the Forest Service collects hazardous waste from visitors, these waste would become subject to regulation (if they were not previously so).
Note that the EPA definition of Generator provides no exclusion for infrequent or accidental waste generation.  If you are not a generator, you can become a generator if you spill a product which is a hazardous waste when discarded.
Understanding the definition of generator will help you to better understand when and how your activities are regulated.

## 3 Types of Generators

*3 Types of Generators*

*Large Quantity Generator (LQG)*
*Small Quantity Generator (SQG)*
*Conditionally Exempt Small Quantity Generator (CESQG)*

**Notes:**
See Page 40 of the USDA Forest Service Resource Manual
LQG = 1,000 kg (2,200 lbs) or more of hazardous waste per month (About four drums of waste).
SQG = 100 to 1,000 kg (220 to 2,200 lbs) of hazardous waste per month (Between one and four drums of waste).
CESQG = no more than 100 kg (220 lbs) of hazardous waste per month (Less than one drum per month)
Your hazardous waste status is allowed to change, depending upon your volume of waste per month.
CESQG and SQG can change status monthly; and a generator can become LQG anytime; but LQG can only change to a lower category at the beginning of a new year.
Recommend staying in one category as much as possible to avoid confusion.  Sometimes this means complying with a higher standard than is necessary at certain times.  For example, if your volume fluctuates from month to month between CESQG and SQG standards, simply operate as a SQG.  This avoids having to change your compliance requirements each month, but does require that you sometimes are a CESQG operating as a SQG.
If you do change categories, be sure to address all the compliance requirements for the new category.
Ask how many people have an EPA Identification Number for their District.  This is a good test of their general knowledge of their RCRA program.  Let everyone know that this workshop will make them more aware of this and other Hazardous Waste Management requirements.
Explain that an EPA ID Number is a twelve character identification assigned by the USEPA to a specific waste generator.  An ID Number can be obtained by contacting USEPA and requesting the publication Notification of Regulated Waste Activity.  An ID Number should only be requested if the District is involved in a RCRA regulated activity.

## Generator Summary Chart

*Generator Summary Chart*

- Benefits of Being a CESQG

**Notes:**
Table from – RCRA, Superfund & EPCRA Hotline Training Module, “Generators”  EPAA530-97-054

Regulatory requirements increase with your generator size.  A Conditionally Exempt Small Quantity Generator (CESQG) is not required to comply with many of the regulations that apply to Small Quantity Generators (SQG) and Large Quantity Generators (LQG).  This includes:

EPA ID Number – However; most transporters and TSDFs will not handle hazardous waste without this number.
Accumulation Time Limits – We will cover accumulation amounts and time limits in more detail later in the presentation.
Storage Requirements – But, OSHA 29 CFR 1910, Subparts H and N apply, particularly 1910.106.
Manifests – However; most transporters and TSDFs will not handle hazardous waste without a manifest.
Biennial Reporting
Personnel Training
Contingency Planning – But, OSHA 29 CFR 1910.38 requires emergency planning)
Emergency Procedures

## Pollution Prevention

*Pollution Prevention*

*Reduce liability and compliance burden by changing your generator status through practices which:*
*Reduce*
*Avoid*
*Eliminate*
*the generation of hazardous waste.*

**Notes:**
Pollution prevention should be an integral part of your waste management planning efforts.

Your generator status can be changed to a “smaller” classification, which reduces your regulatory burden.  This reduces liability for the District, and reduces compliance requirements for District employees.
Ask class for some examples of pollution prevention efforts at their Districts that resulted in less hazardous waste. 

## Pollution Prevention Suggestions 

*Pollution Prevention Suggestions *

*Latex Paint*
*for Oil-Based Paint*

*Low Mercury Bulbs*

*Non Ignitable*
*Solvents*

## A Generator Must Determine:

*A Generator Must Determine:*

*Is the material a Solid Waste*
*Is the Solid Waste Excluded*
*Is the Solid Waste Listed*
*Is the Solid Waste Characteristic*

**Notes:**
40 CFR 262.11 - USEPA regulations require all generators to evaluate ALL their waste and determine whether it is a SOLID WASTE, an EXCLUDED MATERIAL, or a HAZARDOUS WASTE.
A couple of points need to be made here:
It is common to talk about solid waste and hazardous waste as though they are independent of each other.  This is fine for casual conversation, but from a regulatory viewpoint, it is incorrect.  To be a hazardous waste, a material must first be a solid waste.  In other words, hazardous waste is a subset of solid waste.
Once you determine that you have a solid waste, the determination of whether a solid waste is hazardous hinges on only two criteria.  If a solid waste is either listed or characteristic, it is a hazardous waste.
I will describe these requirements in detail, however, I expect to spend very little time on most of the exclusions, since they have limited applicability to the Forest Service.

## A Generator Must Determine:

*A Generator Must Determine:*

_***Is the material a Solid Waste***_
*Is the Solid Waste Excluded*
*Is the Solid Waste Listed*
*Is the Solid Waste Characteristic*

**Notes:**
The first thing a generator must determine is whether or not a material is a solid waste.
Don’t let the term “Solid Waste” fool you.  A Solid Waste can be a solid, liquid, or a compressed gas, it does not need to be in a solid form.
Let’s look at this requirement in further detail.

## Solid Waste Definition

*Solid Waste Definition*

*40 CFR 261.2(a)(b) - A solid waste is any discarded material that is:*
*abandoned through (1) disposal, (2) burning or incineration, or (3) accumulation, storage, or treatment; or*
*recycled; or*
*Inherently waste-like (Dioxins & Furans)*
*And is not excluded by regulation or variance*

**Notes:**
The whole concept of abandoned deserves some attention.  Many waste generators accumulate or store some material which has value, but over time the material becomes “forgotten”.  The classic example is the District “boneyard” where all these materials accumulate.
When the District fails to manage and maintain them (Barrels corrode, become lost in weeds, etc.) they, by definition, become “abandoned”.
An abandoned material is considered DISCARDED, and is therefore a SOLID WASTE.
Something as simple as a storage shed, strategically located in a remote area of the District, can become abandoned if the shed and its contents are not managed and maintained.  A result of this situation is that all of the contents of the shed can ultimately become solid waste.  Districts should take an inventory of materials in the boneyard and storage buildings, and follow-up with management plans for the materials located there.  There should also be periodic follow-up inventories.
Inherently wastelike materials are those for which USEPA has found no value.  In other words, even though they may be manufactured, when they come into existence, there is no use for them.  Thus, by their very existence, they are waste.  In this category, EPA includes dioxins, furans, and secondary materials fed to a halogen acid furnace.
Recycled materials & Excluded materials We will address recycled materials and excluded materials in the next few slides.

## Solid Waste Definition

*Solid Waste Definition*

*Manufactured 10/91*

*Shelf Life 24 months*

*A nine year old *
*product having *
*a 2 year shelf life*
*is probably a *
*waste. *

## Solid Waste Definition

*Solid Waste Definition*

*40 CFR 261.2(c) - Materials are solid wastes if they are recycled by:*
*Use in a manner constituting disposal*
*Burning for energy recovery*
*Reclaiming*
*Accumulating speculatively*

**Notes:**
Certain recycling activities are considered to be similar to waste disposal, and wastes managed by these methods are therefore still considered solid wastes.
Use constituting disposal includes any activity in which the material is applied to or placed on the land, or where the recycled material is contained in a product that is applied to the land.  (EXAMPLE: Pesticides can be spread in an area where they are needed and in accordance with instructions.  Spraying them just to get rid of them, without properly applying them, can be use constituting disposal.)
Burned for Energy Recovery - Except for those products that are ordinarily used as fuels, all secondary materials are solid wastes when burned for energy recovery or used as fuel.  (EXAMPLE: Used oil burned in a furnace.)
Reclamation is any process which either recovers a usable product from waste or regenerates a waste to make it usable.  The very act of reclaiming implies that the material being reclaimed is a waste.  (EXAMPLE: Reclaiming parts washer solvents by sending to a reclaimer, such as Safety-Kleen.)
Speculative accumulation is the act of storing waste in anticipation of some future use or benefit.  If there is no defined use for the material, you may be accumulating speculatively.  EPA says 75% of material being stored must be recycled within a year to avoid the “speculative accumulation” label.  (EXAMPLE:  Saving used paint solvent because you are thinking about buying a solvent recovery still.)
If you either currently employ one of these practices, or anticipate doing so in the future, your material would still be considered a solid waste (and possibly a hazardous waste).

## Solid Waste Definition

*Solid Waste Definition*

*40 CFR 261.2(e) - Materials are ****not**** solid waste if they are recycled by:*
*Use or reuse as ingredients*
*Use or reuse as substitutes for commercial products*
*Returned to the original process without being reclaimed*

**Notes:**

If you are recycling in one of these manners, the material you recycle is not considered solid waste.  However, to include your material in any of these categories, you must not:
Reclaim the material before use.
Speculatively accumulate the material.
Incorporate the material into a Fuel.
Incorporate the material into a product applied to the land.
Be recycling an inherently waste-like material.

## A Generator Must Determine:

*A Generator Must Determine:*

*Is the material a Solid Waste*
_***Is the Solid Waste Excluded***_
*Is the Solid Waste Listed*
*Is the Solid Waste Characteristic*

**Notes:**

Many of these exclusions are aimed at specific industries, and will have no bearing on Forest Service programs, but they are provided here to facilitate your overall knowledge of the hazardous waste management program.

## Exclusions

*Exclusions*

*Solid Waste Exclusions*
*Hazardous Waste Exclusions*

**Notes:**
40CFR 261.4 (a)
There are two major categories of exclusions.  USEPA has excluded many wastes from regulation as solid waste or as hazardous waste. 
Solid Waste Exclusions:
Domestic Sewage
Industrial wastewater point source discharges.
“Special Nuclear”-Anything above number 235 on the Periodic Chart.
Irrigation Return Flows
Closed-loop recycling
Materials subjected to in-situ mining
Pulping liquors reclaimed in a pulping liquor recovery furnace and reused
Spent sulfuric acid used to produce virgin sulfuric acid
Some wood preserving wastes
Some “K” wastes recycled to coking coal tar processes

## Household Hazardous Waste

*Household Hazardous Waste*

*Household waste is excluded from regulation as a hazardous waste.*
*Visitor and resident waste, when mixed with District waste, can be regulated as hazardous waste.*
*Keep visitor waste separate, and it remains excluded.*

**Notes:**
40 CFR 261.4 (b)
Household Hazardous Waste (HHW) - Yes, we have HHW collection days, not because the law requires special management of HHW, but because it is a good thing to get these materials into a proper management program.  HHW is excluded from regulation as a hazardous waste, but when HHW is mixed with CESQG, SQG, or LQG waste, it becomes “subject to regulation”.  For CESQG waste, this mixture becomes subject to regulation when the mixture exceeds the 100 kg/mo limit.
In our Districts, it is important to keep visitor and resident waste separate from the waste generated by District Operations.

INSTRUCTOR: You may wish to spend more time on this subject if it is significant in your District.

## Hazardous Waste Exclusions

*Hazardous Waste Exclusions*

*Crop/Animal waste returned to the Ground*
*Mining Overburden returned to the site*
*Fly ash, bottom ash, slag waste, and flue gas emission control waste*
*Oil/gas exploration wastes*
*Some trivalent chromium wastes (tanneries)*
*Ore/mineral extraction, beneficiation, and processing wastes*
*Cement kiln dust*
*Arsenic treated wood product waste*
*Some petroleum contaminated wastes*
*Used CFC’s when reclaimed*

**Notes:**
40 CFR 261.4 (b)
Most of these materials are what USEPA has called high volume, low toxicity waste materials.  USEPA has acknowledged the materials still pose some hazard, but that managing these streams as hazardous waste was of lower relative importance than some of the other things being discarded.

While not common wastes in the National Forests, some may have these waste streams.  If you do, the specifics of the exclusion should be studied in detail.

## Drained used oil filters

*Drained used oil filters*

*Used oil filters are excluded from regulation as hazardous waste when they are properly drained.*
*If not properly drained, filters may be hazardous waste.*

**Notes:**

40 CFR 261.4 (b)(13)
Used oil filters are typically required to be “hot drained” of all free flowing oil prior to disposal.

Draining the filters produces more recyclable used oil, and reduces the potential for pollution.

## Sample Exclusion

*Sample Exclusion*

*Meet the exclusion requirements*
*Chain of Custody*
*Containers*
*Test Methods*

**Notes:**
40 CFR 261.4 (d)(e)(f)
The exclusion requirements for samples are very specific.  Samples are excluded when they are collected for analytical purposes, while they are going to or from the lab, and while they are at the lab for analysis (and a reasonable period of time after analysis).  Outside of this, the samples are subject to regulation!
A properly completed chain of custody form is essential for data quality.
Many people have a bad habit of putting samples into any available container.  A proper container is essential for obtaining accurate analytical results.
EPA’s test methods are specified in a publication titled “Test Methods for Evaluating Solid and Hazardous Waste”.  The publication is commonly referred to as “SW-846”, the publication’s document number.

## A Generator Must Determine:

*A Generator Must Determine:*

*Is the material a Solid Waste*
*Is the Solid Waste Excluded*
_***Is the Solid Waste Listed***_
*Is the Solid Waste Characteristic*

**Notes:**
See Page 38 of the Forest Service Resource Manual

40 CFR 262.11 - A generator must determine if their solid waste is hazardous either by TESTING or by APPLYING KNOWLEDGE of the process generating the waste.  Applying knowledge is most beneficial when evaluating whether the waste material appears on one of the four lists of hazardous wastes.
If you are in a position to apply knowledge, this can save money; but don’t make the mistake of applying knowledge simply to save money, when you really don’t have the necessary knowledge.

## Hazardous Waste Definition

*Hazardous Waste Definition*

*Listed Waste (There are *_***4 Lists***_*)*
*Non-specific sources (F listed waste)*
*Specific sources (K listed waste)*
*Discarded commercial chemical products (including spill residues)*
*Acutely toxic (P listed)*
*Toxic (U listed)*

**Notes:**
40 CFR 261 Subpart D - The four lists of hazardous wastes appear on this slide.  Each list contains a variety of wastes, each with its own “waste code”.  The waste codes are used for record-keeping and reporting, as a sort of “shorthand” for identifying the waste stream.  You can identify the source of the waste by the letter designation appearing at the beginning of the waste code.  As shown on this slide, the waste from non-specific sources has the letter designation “F”, and so forth.
We will discuss each of the four lists in greater detail in the next few slides. 

## Non-specific sources (“F” listed waste)

*Non-specific sources **(“F” listed waste)*

*Solvents*
*“**spent”*
*used for it’s solvent properties*
*10% prior to use*
*Try to avoid regulated *
*	**solvents through product*
*	**substitution*
*Other F Wastes*

**Notes:**
40 CFR 261.31  Spent Solvent falls in the F001 through F005 waste code listings.  F001 and F002 are halogenated solvents and F003, F004, and F005 are non-halogenated solvents.
Waste can only be listed as a spent solvent when it has been used for its solvent properties.  That  is, it must have been used to dissolve or solubilize something.  Wastes that had solvents as ingredients in the original product would not be spent solvents (for example, waste paint).
“Spent” means the solvent can no longer be used without being reclaimed or regenerated.
F001, F002, F004, and F005 solvents are regulated if they contained before use ten percent or more of the solvents in those listings.
F003 solvents are regulated if they contain solely one or more solvents listed in F003, or if they are also a F001, F002, F004 or F005 waste.
It is very easy to get confused about what is or is not regulated as spent solvent.  Take some time to become familiar with the conditions under which these listings apply.
You can eliminate the use of regulated solvents in your District through product substitution.  
The F027 wastes are for pentachlorophenol products, which may include some wood preservatives used by Districts in the past.
The remaining F-listed wastes come from electroplating, chlorinated organic manufacturing, the wood preserving industry, and waste treatment and disposal operations.  These wastes should not apply to normal Forest Service operations. 

## Specific sources (“K” listed waste)

*Specific sources** (“K” listed waste)*

*17 Industries are included in the “K” list*
*USDA Forest Service wastes are not included *

**Notes:**

40 CFR 261.32
The K-listed wastes are categorized by industry, and are grouped into seventeen specific industries.  The Forest Service does not fall into any of the industries, and thus should not have any K-listed wastes.

INSTRUCTOR:
For your reference, the seventeen industries are:
Wood Preservation,	Organic Chemicals,	Pesticides,  
Petroleum Refining,	Secondary Lead,	Coking,
Inorganic Pigments,	Inorganic Chemicals,	Explosives,
Iron and Steel,	Ink Formulation,	Veterinary Pharmaceuticals, Primary Copper,	Primary Lead,	Primary Zinc
Primary Aluminum,	Ferroalloys

## Commercial Chemical Products

*Commercial Chemical Products*

*Acutely toxic (P listed)*
*Toxic (U listed)*
*Products, *_*when discarded*_*, *
*are hazardous waste if *
*the product appears on one of the lists.*
*Spill residues of listed products are also hazardous waste when discarded.*

**Notes:**
40 CFR 261.33
The last two of the four lists are similar in nature.  They both apply to Commercial Chemical Products being discarded.  The only difference between the two lists is the relative toxicity of the materials.
The criteria for inclusion on these lists is as follows:
You are discarding a Commercial Chemical Product or Spill Residue from that Product.
The product is listed on one of the two lists.
The product is not listed, but has only one active ingredient, and that ingredient is on one of the lists.
Think of paint as an example.  “PAINT” does not appear on either of the lists.  Therefore it would not be categorized under either of these lists, even though it may have several ingredients that are on the lists.

## Commercial Chemical ProductsExamples

*Commercial Chemical Products**Examples*

*Creosote – U051*
*Lindane – U129*
*Chlordane – U036*

_*Toxic (U-Listed)*_

_*Acutely Toxic (P-Listed)*_

*Aldicarb – P070*
*Heptachlor – P059*
*Methyl Parathion – P071*
*Parathion – P089*
*Phorate – P094*

## A Generator Must Determine:

*A Generator Must Determine:*

*Is the material a Solid Waste*
*Is the Solid Waste Excluded*
*Is the Solid Waste Listed*
_***Is the Solid Waste Characteristic***_

**Notes:**
40 CFR Subpart C
As I mentioned previously, a generator must determine if their solid waste is hazardous either by testing or by applying knowledge of the process generating the waste.  When determining whether a waste is characteristic, testing is the preferred method for making the determination.  You can use knowledge, but in this case you are more likely to reach an incorrect determination.

## Hazardous Waste Definition

*Hazardous Waste Definition*

*261.21 - Ignitability (D001)*
*Flash Point < 140°F*
*Flammable Solid*
*Ignitable Compressed Gas*
*Oxidizer*

**Notes:**
40 CFR 261.21
The Ignitability characteristic applies to wastes in any physical state:
	solid, liquid, containerized gas

Definition:
1. liquid, < 24% alcohol by volume, flashpoint below 140 F (Closed cup).
	NOTE: use paint filter test to determine if it is liquid.
2. not a liquid, capable at STP of causing fire through adsorption or friction and burns so as to create a hazard.
3. flammable/ignitable compressed gas under DOT.
4. Oxidizer as defined under DOT.

The EPA waste code for ignitable hazardous waste is D001.

Some of the used paints and solvents in your Districts may be ignitable wastes when discarded.

## Hazardous Waste Definition

*Hazardous Waste Definition*

*261.22 - Corrosivity (D002)*
*Aqueous with pH less than or equal to 2 or greater than or equal to 12.5*
*Liquid that corrodes steel at a rate greater than 6.35 mm per year using the NACE test*

**Notes:**
40 CFR 261.22
The Corrosivity characteristic applies only to liquids.
If you are unsure of a waste’s physical state, use the Paint Filter Liquids Test.

Definition:
1. pH less than or equal to 2, or greater than 12.5
(Temperature of sample must be 25 +/- 1 degree C when doing alkaline [high pH] tests)  (requirement added 1995)
2. corrodes steel at a rate greater than 6.35 mm per year; when tested according to the National Association of Corrosion Engineers (NACE) test TM-01-69

Corrosive hazardous waste has the EPA waste code D002.

Battery acid and some of the water treatment chemicals used in the Forests may be corrosive.  Again, they would not be regulated as a hazardous waste unless they are to be discarded.

## Hazardous Waste Definition

*Hazardous Waste Definition*

*261.23 - Reactivity (D003)*
*Normally unstable*
*Reacts with water to create explosion or toxic gases*
*Sulfide or cyanide bearing waste*
*Capable of detonation or *
*	**explosion*
*Class A or B explosive*

**Notes:**
40 CFR 261.23
A solid waste that exhibits any of the following properties is considered a hazardous waste due to its Reactivity:

Normally unstable and reacts violently without detonating.
Reacts violently with water.
Forms an explosive mixture with water.
Generates toxic gases, vapors, or fumes when mixed with water.
Contains cyanide or sulfide and generates toxic gases, vapors, or fumes at a pH of between 2 and 12.5.
Capable of detonation if heated under confinement or subjected to strong initiating source.
Capable of detonation at standard temperature and pressure.
Listed by DOT as Class A or B explosive.

Reactivity was chosen as a characteristic to identify unstable wastes that can pose a problem at any stage of the waste management cycle, e.g., an explosion.  Examples of reactive wastes include water from TNT operations and used cyanide solvents.

## Hazardous Waste Definition

*Hazardous Waste Definition*

*261.24 - Toxicity (D004 - D043)*
*Must fail the Toxicity Characteristic Leaching Procedure (TCLP)*
*Affects specified metals, pesticides,*
*	**and organics*

**Notes:**
See Page 44 of the Forest Service Resource Manual
40 CFR 261.24 - The Toxicity characteristic is determined through a test, the Toxicity Characteristic Leaching Procedure, or TCLP, which is used to evaluate 40 specific chemicals or metals.
The procedure evaluates 8 metals, 6 pesticides, and 26 organic compounds.  The TCLP is designed to evaluate the potential of these chemicals to leach, or migrate, from the waste when the waste is placed into a landfill.  If the chemical migrates at a rate in excess of what has been specified in the regulations, then the waste is considered to be a Hazardous Waste.
Each of the 40 chemicals or metals evaluated for the Toxicity characteristic has been assigned a specific USEPA waste code.  These codes are D004 through D043.
When evaluating your waste streams for the Toxicity characteristic, it is beneficial to know that the test method (performed by your hired laboratory) dilutes the waste sample at a 20:1 ratio.  What this means is that if you know the total concentration of a chemical constituent in the waste, you may be able to determine that the waste cannot fail the TCLP test.  This has the potential to save you some laboratory fees.
Laboratory fees for the TCLP analysis run can cost you several hundred dollars.

## HIDDEN SLIDE

*HIDDEN SLIDE*

*Exercise*

**Notes:**

Waste Characterization Exercise
INSTRUCTOR: Use Handout #1 from the handouts.
We have now covered the four lists of hazardous wastes and the four hazardous waste characteristics.  Let’s see how much you’ve learned.
Working independently, look at the items on the handout, and see if you can assign the appropriate USEPA Hazardous Waste Code to each of the waste streams.
Allow a few minutes for participants to generate answers to the questions on the handout.  Then discuss their answers. 

## “Special” Waste Issues

*“**Special” Waste Issues*

*“**Mixture” Rule - 261.3 (a)(2)(iii and iv)*
*“**Derived From” Rule - 261.3 (c)(2)(i)*
*“**Contained in” interpretation*
*“**Empty” Container - 261.7*

**Notes:**
Any waste mixture containing a listed hazardous waste is considered a hazardous waste.  This applies regardless of what percentage of the waste mixture is composed of listed hazardous wastes.  Without such a regulation, generators could evade Subtitle C requirements simply by commingling listed wastes with nonhazardous solid waste. (Putting outdated herbicides into the trash would make all the trash hazardous waste if the herbicide was listed) 
There are exceptions to the mixture rule:
A wastewater discharge subject to regulation by the Clean Water Act is mixed with low concentrations of a listed waste, (40 CFR 261.3) the resultant mixture is not considered a listed hazardous waste, unless it exhibited one of the characteristics.
 Mixtures of nonhazardous wastes with listed wastes listed for a characteristic are not considered hazardous if the mixture no longer exhibits the characteristics.
 Mixtures of nonhazardous wastes and characteristic hazardous wastes are not considered hazardous if the mixture no longer exhibits any of the characteristics.
 Certain concentrations of spent solvents and laboratory wastewater that are discharged in low concentrations and do not pose a threat.
 De minimis losses of commercial chemical products or intermediaries used as raw materials in manufacturing or produced as by-products are excepted.  These include minor losses from spills, process leaks, and similar incidental discharges.
 An additional exemption from the mixture rule has been granted to the petroleum refining industry for heat exchanger bundle cleaning sludge.
“Derived From” Rule - Another question that EPA faced was how to classify residues from the treatment, storage, or disposal of a listed hazardous waste.  The Agency decided that any residue derived from a listed hazardous waste is considered a hazardous waste.
“Contained-In” hazardous waste contained-in soil or water can be removed, and the soil or water would no longer be a hazardous waste.
Empty Container Part 261.7 allows some residue to be left in a container without the container being regulated as hazardous waste.  For a 55 gallon drum, this limit is 1 inch of residue in the bottom after the container has been drained by normal means. (< 3%, by weight, of the contents remain when the container is smaller than 110 gallons, < 0.3%, by weight, of the contents remain if the container is larger than 110 gallons.)

## Lead Containing Waste

*Lead Containing Waste*

*Paint removed from old buildings*
*Spent Batteries*
*Lead-Acid (40 CFR 266, Subpart G)*
*Ni-Cd (Universal Waste – 40 CFR 273)*

**Notes:**
Paint Removed From Old Buildings
Lead  containing wastes are RCRA Hazardous if they fail the TCLP test. When removing paint from old structures, the paint may contain lead.  When performing TCLP analysis, samples should reflect the waste to be disposed.  If the entire structure is being removed, a representative sample of the structure should be tested.  If only the paint is being removed from the structure, then a representative paint sample should be collected.
Spent Lead-Acid Batteries
Your lead-acid batteries should be sent to a reclaimer.  If you do this, they do not count as part of your Hazardous Waste volume.  Just remember that you should still manage your waste batteries in a suitable manner, so as to avoid releases to the environment.
Batteries should not be broken open, and they should be fully discharged prior to disposal.
Also, bear in mind that lead is regulated by OSHA, with regard to EXPOSURE in the workplace.
Spent Ni-Cd batteries
Districts are encouraged to manage their spent NI-Cad batteries under the USEPA’s Universal Waste Management program.

## PCBs

*PCBs*

*Regulated under the Toxic Substances Control Act (TSCA)*
*May be present in old transformers and in old lamp ballasts.*
*Must be managed separate from your hazardous waste.*

**Notes:**
Page 66, Forest Service Environmental Resource Manual
Per 40 CFR 261.8, PCB’s are regulated under the Toxic Substances Control Act (TSCA) if they have >50 ppm PCB.  In some states, PCB waste is a listed state Hazardous waste.  If you have PCB containing transformers, you are allowed to store them for disposal, and if they are still “suitable for use”, you can store them.  You need to comply with storage requirements and time limits if you are storing them for disposal.

The regulations for PCB management appear at 40 CFR Parts 760

## Asbestos

*Asbestos*

*Regulated under the Toxic Substances Control Act (TSCA)*
*May be in floor tile, insulation, or some adhesives.*
*Check for asbestos before doing any building demolition or restoration.*

**Notes:**
Asbestos waste is also regulated under TSCA.  It typically must be double bagged and landfilled in a solid waste landfill.  In some states, it may be a listed state hazardous waste.
Also, OSHA regulates Asbestos EXPOSURE in the workplace.

## Used Oil

*Used Oil*

*Regulated under RCRA, but generally not as a hazardous waste.*
*All used oil should*
*	** **be recycled.*
*Do not mix other *
*	**waste fluids with *
*	**used oil.*

**Notes:**
Used Oil - 40 CFR Part 279.  Don’t mix your used oil with Hazardous waste.  Be sure to label your containers with the words “Used Oil”.  And check to be sure that your used oil vendor is properly using your used oil.  Used oil abandoned in a District may be contaminated/hazardous waste.  Be sure you manage it separately and that you test it.
When you have a vendor collect used oil, be sure the vendor tests the oil before collecting it.

As a used oil generator, you can transport up to 55 gallons to an aggregation point.

USEPA’s “rebuttable presumption” assumes that oil containing greater than 1000mg/kg of chlorinated compounds is solvent bearing hazardous waste.  In some cases, you can “rebut” this presumption, by demonstrating that the presence of chlorinated compounds in the oil is due to the additives used in the oil.  This is not common, although lubricants used by railroads often have chlorinated additives.

## EPA Identification Number

*EPA Identification Number*

*Large Quantity and Small Quantity Generator’s cannot treat, store, dispose, transport, or offer for transportation, hazardous waste without having an EPA ID Number.*
*(USEPA does not require CESQG’s to obtain an EPA ID Number; however, many states and transporters require them)*

**Notes:**
See Page 47 of the USDA Environmental Resource Manual
Large and Small Quantity Generator’s are required to obtain an USEPA Identification Number.  You may remember that we earlier discussed the definition of generator as being “by site”.  This same criteria applies for ID numbers; that each site (District/Work Center) must obtain its own number.

While USEPA does not require a USEPA ID Number for CESQGs, the state where you are located may not recognize the CESQG designation, or may still require CESQGs to have an ID.  Also, many transporters will not remove you hazardous waste unless you provide them with an EPA ID number.

## Hazardous Waste Accumulation 

*Hazardous Waste Accumulation *

*LQG may accumulate hazardous waste for 90 days or less, provided:*
*Waste is kept in tanks or containers*
*Tanks and Containers  are labeled with the words “Hazardous Waste”*
*Date upon which accumulation began is clearly marked and ****visible***

**Notes:**
See Page 51 of the USDA Forest Service Environmental Resource Manual
40 CFR 264, Subpart I - Use & Management of Containers
In addition to these requirements, containers must:
be in good condition
compatible with the contents
kept closed
inspected weekly
stored in secondary containment
40 CFR 264, Subpart J - Tank Systems
Tanks must be designed and installed with leak detection systems and corrosion protection, and must receive tightness testing.  Tanks must also receive daily inspections.

## Hazardous Waste Accumulation(continued)

*Hazardous Waste Accumulation**(continued)*

*LQG may accumulate hazardous waste for 90 days or less, provided maintain compliance with Part 265 requirements for:*
*Preparedness and prevention*
*Emergency preparedness*
*Personnel training*
* **And comply with container treatment restrictions in Part 268 *

**Notes:**
Preparedness and Prevention requirements include:
Communication or alarm system
Telephone or radio for calling off-site assistance
Fire and spill control equipment
Water or foam for fighting fires
Aisle space in storage areas to allow for movement of personnel and emergency equipment
Arrangements with local authorities for emergency services
Emergency Preparedness requirements include:
Contingency Plan for emergency response procedures
Training sufficient to ensure compliance
The container treatment restrictions require that a generator have a Waste Analysis Plan before performing treatment in a container.

## Hazardous Waste Accumulation(continued)

*Hazardous Waste Accumulation**(continued)*

*SQG may accumulate up to 180 days, provided:*
*No more than 6,000 kilograms is accumulated*
*Contents are marked on each container*
*Comply with container use *
*	**and management requirements*
*SQG may accumulate up to *
*270 days if greater than *
*200 miles to a suitable TSD.*

**Notes:**

This information is pretty much self-explanatory.

SQG accumulation for 270 days is contingent upon determining suitability of a TSD.  This determination is the generator’s responsibility.  Thus, any TSD that is within 200 miles of the generating location is only suitable if the generator determines it is so.

## Hazardous Waste Accumulation(continued)

*Hazardous Waste Accumulation**(continued)*

*CESQG may accumulate up to 1,000 kilograms of hazardous waste without a permit and with no formal limit on the accumulation time.*

**Notes:**

While there is no formal limit on accumulation, it is not a good idea to accumulate indefinitely.

## “Satellite” Accumulation

*“**Satellite” Accumulation*

*May accumulate up to 55 gallons of hazardous waste, or 1 quart of acute hazardous waste, *_***at or near the point of generation***_*, provided:*
*Under control of the process operator*
*Containers are closed and in good condition*
*Contents are marked on outside of container*

**Notes:**
Satellite accumulation is not formally defined in the regulations, but the process known as satellite accumulation is described at 40 CFR Part 262.34

The process operator is the individual operating the process.  This individual must have control of materials being placed into the container.  A supervisor could be the process operator, if this individual has a key to the container, keeps it locked, and is always present when material is placed in the container.

At or near the point of generation means the container must be close to and readily accessible from the point of generation.  The intent here is that the container is available to make waste management less difficult.  If the container is sufficiently removed (in another building or another room, obstructed by equipment or traffic, etc) from the point of generation, it no longer serves its intended purpose and is probably not complying with the satellite rule.

## Pre-Transport Requirements

*Pre-Transport Requirements*

*Waste must be packaged, labeled and marked according to Department of Transportation Requirements*
*Containers must be labeled with the words “Hazardous Waste”*
*Must offer appropriate placards to transporter*

**Notes:**
EPA was mandated by Congress to address transportation of hazardous waste, but sought to avoid duplication of effort and dual enforcement by coordinating this effort with the Department of Transportation.  As a result, there are some minimal requirements imposed upon generators as part of the transportation process.

Hazardous Materials Transportation regulations require that specific training be provided to individuals involved in transporting hazardous materials, or preparing hazardous materials for transport.  This includes individuals preparing shipping papers, such as the Uniform Hazardous Waste Manifest (next two slides).  For more information on training requirements for hazardous materials transportation, contact your Regional Hazardous Waste Coordinator. 

## Hazardous Waste Manifest

*Hazardous Waste Manifest*

*A Generator who transports or offers for transportation, must prepare a manifest.*
*Sources of Manifests*
*Use of the Manifest *
*Land Disposal Restriction Notification*

**Notes:**
See Page 55 of the USDA Forest Service Environmental Resource Manual
Manifests are the Districts’s (Generator’s) responsibility.  It’s OK for your vendor to provide them, but YOU ARE STILL RESPONSIBLE for assuring the manifest is completed correctly.

Manifest Acquisition:
Consignment State
Generating State
Other Source
Disposal facilities are required to return a copy of the manifest to the District within 35 days (LQG) or 60 days (SQG).  If you do not receive a copy, contact the disposal facility.
If LQG does not receive a copy within 45 days, must file a report with state agency or USEPA.
SQG must send copy of the manifest that was not returned, along with note stating the return manifest was not received within 60 days.
CESQG are exempt from manifest requirements; however, the manifests are for your protection.  They are your proof that your waste was properly disposed of.  Insist on receiving your copy back from the Disposal Facility.
Land Disposal Restriction Notification Requirements - restricted waste must be shipped with appropriate notifications regarding the required treatment standards, and indication of whether the waste does or does not meet the treatment standard.  There are specific phrases which must be used for this purpose.  Consult with your disposal vendor or the Regional Hazardous Waste Coordinator for further guidance.

## Hazardous Waste Manifest

*Hazardous Waste Manifest*

*Using the Manifest*
*Completing a Manifest*

**Notes:**
Describe the sections of the manifest, and what information must be provided.

Describe state specific issues, like numbering the manifest or purchasing the manifest.

## Manifest - Small Quantity Generator

*Manifest - Small Quantity Generator*

*SQG’s need not complete a manifest when the material is being reclaimed, ****provided:***
*The reclaimer transports the waste*
*Generator keeps a copy of the reclamation agreement*

**Notes:**
This slide is pretty much self-explanatory.

The regulations do not require manifests under these circumstances; however, for your protection it is wise to use the manifest system whenever your hazardous waste is transported.

## Manifest - Conditionally Exempt Small Quantity Generator

*Manifest - Conditionally Exempt Small Quantity Generator*

*CESQG is exempt from the manifest requirements.*
*Your waste disposal service provider or your state environmental agency may still require a manifest.*

**Notes:**
This slide is pretty much self-explanatory.
This highlights once again, the need for you to know the State regulations for your state, and know how they differ from the Federal requirements.

The regulations do not require manifests under these circumstances; for your protection it is wise to use the manifest system whenever your hazardous waste is transported.

## Recordkeeping

*Recordkeeping*

*Generators must keep copies of the following for 3 years*
*Manifests*
*Biennial Reports*
*Test results from waste samples*
*Training records for employees must be kept for three years after employment ends *

**Notes:**
This slide is pretty much self-explanatory.  Just make a few comments about the recordkeeping requirements.

Waste Management is cradle-to-grave.  Active record files should be maintained for an appropriate period of time.  Following that time period, records should be indefinitely archived.  If your District has a formal record retention policy, it should be reviewed to assure compliance with RCRA recordkeeping requirements.  You should then manage your records in accordance with this policy.

Training Records are part of your compliance documentation and must be kept for three years after employment ends.  For employees who transfer to another Forest Service location, it is recommended that training records be sent to the new location and copies kept at the previous location.

Ask the class about methods for filing and managing these records.  See if anyone has unique methods or ideas that may benefit compliance and management.

The National Association of Records Managers and Administrators has publications available to assist in developing recordkeeping systems.

## Choosing a TSDF

*Choosing a TSDF*

*Your liability is in the hands of your waste vendor*
*Price and Distance should not be the sole criteria*
*Don’t delegate your responsibility to a Transporter or Broker *

**Notes:**
Generator has a responsibility to evaluate TSDF’s to select an appropriate TSDF for his waste. (Audit)

Some recommendations of items to include in your evaluation are:
Contact permitting agencies for status of TSD permit and compliance history.
Obtain copy of permit and insurance certificate from TSD.
Contact State Attorney General Environmental office regarding complaints against the TSD.
Check the GSA publication “List of Parties Excluded from Federal Procurement and Non-Procurement Programs” to determine if the TSD owners and/or operators are listed.
Request a Reliability Report regarding the company from the local Better Business Bureau.
Contact your Regional Hazardous Waste Coordinator for recommendations;  some Regions have regional contracts covering Hazardous Waste transportation and/or disposal.

You should strive to limit Forest Service liability by selecting one (or a few) TSDFs, and by always using these same facilities.  Shopping around at frequent intervals places Forest Service waste into too many disposal facilities.

## Material Safety Data Sheets

*Material Safety Data Sheets*

*Good source of product information*
*Look for disposal recommendations*
*Not the sole source for waste characterization*

**Notes:**
See Page 71 of the USDA Forest Service Environmental Resource Manual
Components of a MSDS:
Manufacturing Information
Chemical Identity
Physical and Chemical characteristics
Physical hazards
Health hazards
Carcinogenity
Precautions for safe handling and use
Control measures
Engineering and first aid procedures
SARA Title III notification
Preparation date
MSDS also provide some disposal information, but it is typically too generic to be of value.  It doesn’t hurt to review the MSDS disposal information, though. 

## Universal Wastes (Part 273)

*Universal Wastes (Part 273)*

*Rule addresses hazardous waste batteries, unused, recalled pesticides, mercury-containing thermostats, and  fluorescent lights.*
*Standards for universal waste handlers (e.g.,  generators, and facilities that store or accumulate wastes) based on two size categories--accumulate less/more than 5,000 kilograms.*

**Notes:**
This rule, promulgated on May 11, 1995, provides special management standards for certain universally generated wastes, including hazardous waste batteries, pesticides, mercury-containing thermostats, and fluorescent lights.  This rule encourages the recycling and recovery of the recyclable components within these wastes.
Universal waste handlers accumulate universal wastes, but do not treat, recycle, or dispose of the waste.
Waste managed as Universal Waste is not included in waste generation volume determinations used to define a generator status under 40 CFR Parts 261 and 262.
Management standards for universal wastes are specified for small and large quantity handlers of universal waste (generate or consolidate less than/more than 5,000 kilograms total, respectively).
The standards address containment, labeling/marking, accumulation time limits, employee training, response to release, and instructions for offsite shipments and exports.  Management standards for large quantity handlers of universal waste add notification to EPA, more rigorous personnel training, and recordkeeping requirements.  
Transporters of universal waste are required to follow DOT requirements and may only transport the waste to a another universal waste handler, a destination facility (treats, disposes,  or recycles universal waste), or a foreign destination. 
Case studies on hazardous waste can be discussed here.