1-Advanced-Hazardous-Waste-Training

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					             12Annual California
                th

       Unified Program Conference
       Advanced
    Hazardous Waste
       Inspector
        Training
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                         Evaluations
    Please complete evaluations. There are two:
     - One for the overall conference, and
     - One for this course
    We modify the hazardous waste track based on
     your input. Would you like more of this?
     Any other Topics?
         LDRs
         Closure Costs
         Advanced Waste Classification
         Waste Counting
    This course and the conference are modified in
     response to your comments/requests.
                  Your input is important!
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                Michael Vizzier
                   Keith Waara
                 Leon Wirschem

             County of San Diego CUPA
               Michael.Vizzier@sdcounty.ca.gov
               Keith.Waara@sdcounty.ca.gov
               Leon.Wirschem@sdcounty.ca.gov


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                          Objectives/Plan
     Use US EPA’s Office of Solid Waste (OSW) and
      DTSC’s guidance documents to analyze advanced
      issues.
     Examine scenarios and discuss varying interpretations.
     Three topic areas:
            Part I: Advanced waste and treatment tier determination.
            Part II: Waste determination:
                 Analysis
                 Knowledge of Process
            Part III: Hazardous Waste Tank System Standards
     We’ll start with the laws and regulations then progress
      through guidance documents and scenarios.
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                        Part I
               References and
             Point of Generation

        Is it Waste?
Is it a Hazardous Waste?
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                      Is it a Waste?
                     §66261.2 Definition of Waste

       §66261.2(a) "Waste" means any discarded
        material of any form (liquid, semi-solid, solid
        or gaseous) that is not excluded by
        §66261.4(a) or §66261.4(e) or that is not
        excluded by H&SC §25143.2(b) or H&SC§
        25143.2(d).
       (b) A discarded material is
            (1) relinquished, or
            (2) recycled, or
            (3) considered inherently waste-like.
       Of course there are other exceptions…
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                    Don’t forget the table…
                     Is it a (solid) Waste?
 Materials noted with an “***” in column 3 of      Use constituting   Energy                          Speculative
 Table 1 are RCRA wastes when reclaimed unless                                        Reclamation
 they meet the requirements o         f 40CFR      disposal           recovery/fuel                   accumulation
 §§261.2(a)(2)(ii), or 261.4(a)(17) ,(23)(24) or   66261.2(d)(1)      66261.2(d)(2)   66261.2(d)(3)   66261.2(d)(4)
 (25), they are a non-RCRA waste.
 Spent materials                                                      *               ***             *
                                                   * (RCRA)
 Sludges (listed in 66261.31 “F” list or           *                  *               ***             *
 66261.32 “K” list)



 Sludges exhibiting a characteristic of            *                  *                               *
 hazardous waste
                                                                                      **
                                                                                      (Non-RCRA)

 By-products (listed in 66261.31 “F” list          *                  *               ***             *
 or 66261.32 “K” list)

 By-products exhibiting a characteristic           *                  *                               *
 of a hazardous waste
                                                                                      **
                                                                                      (Non-RCRA)

 Commercial Chemical Products                      *                  *
 (listed in 66261.33 “U” List) (NOT!)
                                                                                      **              **
                                                                                      (Non-RCRA)      (Non-RCRA)
 CA has yet to adopt this change so at this time *** wastes are still RCRA wastes under CA law.

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             EPA Solid Waste Flowchart
         http://www.epa.gov/epawaste/hazard/dsw/tool.htm#t=instructions
                                        The Definition of Solid Waste Tool is an interactive
                                        guide designed to follow a series of decisions that a
                                        typical user might make when determining whether a
                                        material meets the definition of solid waste. This
                                        tool does not follow the outline of the definition of
                                        solid waste regulations in the same order that
                                        appears in those regulations (see 40 CFR 261.2).
                                        However, the Tool Kit does contain all of the
                                        necessary regulatory components to help the user
                                        determine if his material is a solid waste; i.e., used
                                        as an ingredient or substitute for a virgin material
                                        (step 1), whether the material has a specific
                                        exclusion (step 2), or whether the material is
                                        considered discarded by being abandoned, recycled,
                                        inherently waste-like, or a military munition (steps
                                        3-9).
                                        After going through the steps you will see…
                                        Based on your answers, your material does/
                                        does not appear to be subject to federal
                                        RCRA Subtitle C regulation.

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          Is it a Hazardous Waste?
                 §66261.3 Definition of Hazardous Waste

    §66261.3 (a) A waste as defined in §66261.2 is
     a hazardous waste if:
         (1) it is not excluded from classification as a waste or a
          hazardous waste under H&SC §25143.2(b) or §25143.2(d)
          or §66261.4; and
         (2) it meets any of the following criteria:
             (A) it exhibits any of the characteristics of hazardous
              waste identified in article 3
             (B) it is listed in article 4
         H&SC 25124 excludes coolant, lubricants, cutting fluids
          processed and used in connected manufacturing
          equipment…

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                 A Hazardous Waste is:
        Declared – Generator decides to manage it as a
         hazardous waste
        Characteristic – A representative sample exhibits a
         hazardous characteristic (RCRA D001 to D043 + California
         Corrosive, Reactive and Toxic) (22 CCR, Ch. 11, Art. 3)
        Listed (22 CCR, Ch. 11, Art. 4)
                F listed (Non-Specific Sources)
                K listed (Specific Sources)
                P Listed (Acutely Hazardous Off-Spec, Spills)
                U listed (Hazardous Off-spec, Spills)
                M listed (Ch. 11, Art. 4.1 mercury containing products)
        Mixtures of solid and hazardous waste
        Residues derived from a hazardous waste
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                           EXAMPLE
             Waste listed as hazardous due to:
                               Benzene
    D018 – Benzene concentration  0.5 mg/l TCLP
            (D list pertains to characteristic wastes)
    F037 – Petroleum refinery primary separation sludge
    F038 – Petroleum refinery secondary separation sludge
    K085 – Distillation bottoms from the production of
            chlorobenzenes
    P028 – Benzene (chloromethyl)- (commercial chemical
            product)
    U019 – Benzene (commercial chemical product)
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                   Mixture Rule
    A mixture of a solid waste & a characteristic
     (Art. 3 or Subpart C) hazardous waste is hazardous
     only if the resulting mixture exhibits a hazardous
     characteristic (commingled waste still requires HW
     management, see treatment definition H&SC 25123.5).
    A mixture of a solid waste & a listed
     (Art. 4 or Subpart D) hazardous waste that is listed
     only for ignitability, corrosivity or reactivity (I,C,R) is
     hazardous only if the resulting mixture exhibits a
     hazardous characteristic (see also H&SC 25123.5).
    A mixture of a solid waste & a listed
     (Art. 4 or Subpart D) hazardous waste that is listed
     only for toxicity remains listed as a hazardous waste.
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               Derived from Rule
                        (Treatment Residue)

      Residues from treating, storing or disposing a
       characteristic waste are hazardous only if they
       exhibit a characteristic of hazardous waste.
      Residues from treating, storing or disposing a listed
       waste, that is listed solely for ignitability, corrosive
       or reactive (I,C,R), are hazardous only if they
       exhibit a characteristic of hazardous waste.
      Residues from treating, storing or disposing a listed
       waste, which is listed for toxicity, remain a listed
       hazardous waste.

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                 RCRA vs. non-RCRA
  RCRA - A waste, not exempt, that is Listed or Characteristic.
  Non-RCRA - includes additional wastes for the following reasons:
   Is it a solid waste? In CA, more materials defined as a waste
    (recyclable materials)
   Is it exempt? Fewer exemptions in CA regulations.*

   Is it listed? California listed waste codes, CA has additional
    wastes (contaminated petroleum debris, latex paints…)
   Is it characteristic? More broad definitions of corrosivity &
    toxicity
    CA Toxicity: tougher extraction test methods, metals such as
    nickel, copper, zinc, etc.; corrosive solids, LD50 oral and
    dermal, LC50 inhalation, aquatic toxicity, carcinogenicity and
    more…
     * Many statutory requirements are in the law and not found in the regulations.

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             Who Makes a Waste
               Determination?

                 The
               Generator
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             What’s a Generator?
                       22 CCR §66260.10


  Generator: “any person, by site, whose
  act or process produces hazardous waste
  identified or listed in Chapter 11 or whose
  act first causes a hazardous waste to
  become subject to regulation.”



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             What’s a Person?
                       22 CCR §66260.10
 Person: “an individual, trust, firm, joint stock
 company, federal agency, corporation (including a
 government corporation), partnership, association,
 state, municipality, commission, political
 subdivision of a state, or any interstate body.”

 Person also includes: “any city, county, district,
 commission, the State or any department, agency or
 political subdivision thereof, any interstate body, and
 the Federal Government or any department or
 agency thereof to the extent permitted by law.”

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                 What’s A Site?
                          22 CCR §66260.10

    The term, "by site," refers to where a hazardous waste
     is generated. The regulations do not explicitly define
     the term “site.” But the regulations do define onsite.
    "Onsite" means the same or geographically contiguous
     property which may be divided by public or private
     right-of-way, provided the entrance and exit between
     the properties is at a crossroads intersection, and
     access is by crossing as opposed to going along, the
     right-of-way. Non-contiguous properties owned by the
     same person but connected by a right-of-way which
     that person controls and to which the public does not
     have access, is also considered onsite property.

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             Whose Act or Process?
A generator is defined as the person whose act or
process first causes a hazardous waste to become
subject to regulation.
 Sometimes the generator of a waste may not necessarily
 be the person who actually produced the waste.
 For example, if a cleaning service removes residues from
 a product storage tank excluded under §261.4(c), the
 person removing the residues is the first person to cause
 the waste to become subject to regulation, not the owner
 of the tank.
             In this case the cleaning service and
                 the owner are co-generators.
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             More on Co-Generators
    The person removing the waste from the unit is not the
     owner or operator of the unit, but may be considered a
     generator. The owner or operator of the unit may also be
     considered a generator since the act of operating the unit
     led to the generation of the hazardous waste. In other
     words, both the remover of the waste and the owner or
     operator of the tank are considered to be co-generators.
    When one or more persons meet the definition of generator,
     all persons are jointly and severally liable for compliance
     with the generator regulations. The parties may through a
     mutual decision have one party assume the duties of
     generator, but in the event that a violation occurs, all
     persons meeting the definition of generator could be held
     liable for the improper management of the waste (45 FR
     72026; October 30, 1980).
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                  Point of Generation

  The point where a material becomes a waste is
  also the point where:
            Waste determination is made; samples are taken.
            Treatment tier determination is made
            Container & tank standards are required
            RCRA Land Disposal Restrictions apply



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             Point of Waste Origination
                          22 CCR §66260.10

  “Point of waste origination”
  (1) When the facility owner or operator is
  the generator of the hazardous waste, the
  point of waste origination means the point
  where a solid waste produced by a system,
  process, or waste management unit is
  determined to be a hazardous waste as
  defined in this division…

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             Point of Waste Origination
               Defined per 22 CCR §66260.10 (Continued)


[NOTE: In this case, this term is being used
in a manner similar to the use of the term
"point of generation" in air standards
established   for     waste     management
operations under authority of the Clean Air
Act in 40 CFR parts 60 , 61 and 63.]



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             Point of Waste Generation
                              40 CFR part 61

 Point of waste generation means the location
 where the waste stream exits the process unit
 component or storage tank prior to handling or
 treatment in an operation that is not an integral part
 of the production process, or in the case of waste
 management units that generate new wastes after
 treatment, the location where the waste stream exits
 the waste management unit component.


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         Some Points of Generation
        Waste exits a non-waste unit or piece of
         equipment (e.g. radiator, parts washer).
        Waste exits a manufacturing process unit.
        Material is spent and a decision to discard or
         recycle is made.
        Decision is made to discard a P or U listed
         chemical.
        Treatment residue exits a treatment unit.
        Residue exits a recycling unit.
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                 What is the
             Point of Generation?
According to RCRA and state law, when a
waste is generated, the generator must
identify whether the waste is hazardous…
…hazardous waste identification must be made at the point
where the waste is first generated.
The point of generation is usually defined as the point at
which a generator first determines that a material is no
longer useful (or the point at which the generator decides to
discard the material).
http://www.epa.gov/waste/hazard/tsd/ldr/ldr-sum.pdf
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                  What is the
              Point of Generation?
 Under 40 CFR 261.4(c):
    Hazardous waste is not generated from product or raw
     material tanks…and pipelines, manufacturing process
     units, or associated non-waste-treatment-manufacturing
     units until it exits the unit; or if
     The HW remains in unit > 90 days after the unit
      ceases to be operated for manufacturing, or for storage
      or transportation of product or raw materials.
     http://www.epa.gov/waste/hazard/tsd/ldr/ldr-sum.pdf

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        Manufacturing Process Units
                 (MPU)
    Process units including distillation columns, flotation
     units, discharge trays (faxback 11935).
    Tanks or tank like units that are designed and operated to
     hold product or raw materials in storage or transport or
     during manufacturing (faxback 11935).
    Waste in pipelines associated with MPUs not regulated
     until removed or 90 days after piping removed from
     service (faxback 13790).
    What’s a faxback?


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              Points of Generation
                        (POG) Tanks A, B & C
                                                                            The points
                                                                                of
                                                                            generation
              Process            Process                Process
                                                                               are:
                A                   B                      C


                  Waste A                A+B                   A+B+C=D
 Tanks A, B & C contain materials used in
 different processes; the piping is used exclusively
 to transfer the liquid when it is no longer useful.
                                                                              D
Where is (are) the point(s) of generation?
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                           Commingling                                     The points
                                Tanks A, B & C                                 of
                                                                           generation
                                                                           are also the
                                                                            sampling
             Process            Process                Process
                                                                              points
               A                   B                      C


                 Waste A                A+B                   A+B+C=D
Tanks A, B & C contain material.
The waste is commingled in the piping.

What and where do you sample                                                 D
for a waste determination?
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                   Points of Generation
                           (POG) Tanks A + B = C

                                                                Non-hazardous
                                                                     Waste C
              Acidic
             Material
                          D002                Basic
                                             Material
                                                                is discharged to
               A          Waste                                       POTW
                                                B

                 Waste A                 A+B                   A+B = C
Tanks A & B contain material; the piping is used to mix                     C
& transfer the liquid when it is no longer useful.


   Where is (are) the point(s) of generation?

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                  OSW Answer
                         (faxback 13395)
 Question:
 A D002 acidic waste and a D002 basic waste from two
 different manufacturing process are individually piped
 to a collecting pipe. The two wastes neutralize each
 other in the collecting pipe and the result is a non-
 hazardous waste.

             Is there a point of generation?
 Answer:
 Each of the corrosive wastes has a point of generation
 upstream of the collecting pipe.
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             What is RCRA Online?

     It used to be a FAXBACK,
       an automated document fax system,
               hence the name.

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                           RCRA Online
        Now it’s RCRA Online.
        http://www.epa.gov/epawaste/inforesources/online/index.htm

        Select Advanced Search
        http://yosemite.epa.gov/osw/rcra.nsf/advanced+search?OpenForm

        Type the “faxback” number in the RCRA online
         number field.
        Click on the Document name to view the entire
         document.
        Like this….


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                                               Type the “faxback”
                                               Number in here.




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                        References
   22 CCR 6626x.xxx mirrors 40 CFR 26x.xxx
   There are exceptions (where is §66261.5?)
        40 CFR 261.5 is CESQG: California does not use
         this concept (exceptions: LDRs, photochemical
         waste)
   If the 22 CCR section reads exactly the same as
    the 40 CFR section, then the OSW guidance is
    probably good.
   OSW, EPA, FaxBack, Federal Registers: All are
    good source documents, even for California.
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              More References
             RCRA vs. non-RCRA
    California has additional requirements,
     however RCRA Online provides valuable
     guidance, policies and definitions.
    In addition to federal guidance, you should
     check your Title 22 CCR and the California
     Health & Safety Code!


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                  More References
    Check DTSC’s web page first:
         http://www.dtsc.ca.gov/

    Laws, Regulations and Policies
         http://www.dtsc.ca.gov/LawsRegsPolicies/index.cfm

    Publications & Forms Index
         http://www.dtsc.ca.gov/PublicationsForms/index.cfm


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                  Treatment Tier
                   Determination


              At the Point of
               Where do you make a waste
             determination prior to entering a
               Generation
               tiered permitting flow chart?

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              A decision is made to discard the
              material in tanks A, B & C, then
              consolidate the waste in tank D.


             Process A          Process B                 Process C
                                                                             Points of
                                                                             generation



               Waste Accumulation Tank. Waste D
 Process B waste is non-hazardous. Processes A & C wastes are
 hazardous. Q: Is this hazardous waste treatment?
 No, it is not treatment if the wastes are combined
 solely for the purpose of consolidated accumulation.
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      “Treatment” does not include:
                 H&SC §25123.5 (b)(2)(C)
(C) Combining two or more waste streams that are not
incompatible into a single tank or container if both of the
following conditions apply:
     (i) The waste streams are being combined solely for the
     purpose of consolidated accumulation or storage or
     consolidated offsite shipment, and they are not being
     combined to meet a fuel specification or to otherwise be
     chemically or physically prepared to be treated, burned for
     energy value, or incinerated.
     (ii) The combined waste stream is managed in compliance
     with the most stringent of the regulatory requirements
     applicable to each individual waste stream.

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             A decision is made to discard the materials
             in tanks A, B & C, then treat it in tank D.


        Process A         Process B                     Process C

                                                                         Points of
                                                                         generation

                 Treatment tank. Waste D
Process B waste is non-hazardous.
Processes A & C wastes are hazardous. Waste D is hazardous.
Q: Which waste(s) is (are) used to determine the treatment tier?

         Wastes A, C & D. Treatment Tier is based
         on the hazardous waste characteristics (A & C)
         and the volume of waste treated (D).
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                 Because? (CA)
  25200.3 (b) Any treatment performed pursuant
  to this section shall comply with all of the
  following, except as to generators, who are
  treating hazardous waste pursuant to paragraph
  (11) of subdivision (a), who shall also comply
  with any additional conditions of the specified
  certification if those conditions are different
  from those set forth in this subdivision:
       (1) The total volume of hazardous waste
       treated in the unit in any calendar month

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                    Because? (CE)
    §25201.5. Generators, hazardous waste
    facility permit exemptions
         (a) Notwithstanding any other provision of
         law, a hazardous waste facilities permit is not
         required for a generator who treats hazardous
         waste of a total weight of not more than 500
         pounds, or a total volume of not more than 55
         gallons, in any calendar month, if both of the
         following conditions are met:

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                                 Caution
H&SC 25200.3 (d) “Notwithstanding any
other provision of law, the following
activities are ineligible for conditional
authorization:
             (2) Commingling of hazardous waste with
             any hazardous waste that exceeds the
             concentration limits or pH limits specified in
             subdivision (a), or diluting hazardous waste
             in order to meet the concentration limits or
             pH limits specified in subdivision (a).”
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  A decision is made to discard the material in
      tanks A, B & C, then treat it in tank D.


        Process A          Process B                     Process C
                                                                          Points of
                                                                          generation

                    Treatment tank. Waste D
                  Process B waste is non-hazardous.
                Processes A & C wastes are hazardous.
                      Waste D is non-hazardous.
         Q: Is the addition of waste B permissible dilution?
No, if waste B is added to dilute hazardous characteristics.
  Yes, if waste B is added for efficient treatment.
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       NO: §66268.3. Dilution Prohibited
        as a Substitute for Treatment
(a) No generator, transporter, handler, or owner or
operator of a treatment, storage, or disposal facility shall
in any way dilute a restricted waste or the residual from
treatment of a restricted waste as a substitute for
adequate treatment to achieve compliance with article 4
or article 11 of this chapter, to circumvent the effective
date of a prohibition in article 3 or article 10 of this
chapter, to otherwise avoid a prohibition in article 3 or
article 10 of this chapter, or to circumvent a land disposal
prohibition imposed by RCRA section 3004 (42 U.S.C. §
6924).

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                       YES: Dilution
             Ref: EPA 530-R-01-007 (revised August 2001)
        http://www.epa.gov/waste/hazard/tsd/ldr/ldr-sum.pdf


 Wastes that are aggregated or mixed as a
 part of a legitimate treatment process, and
 are subsequently diluted as a result, are not
 considered to be impermissibly diluted
 under LDR.



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  A decision is made to discard the material in
      tanks A, B & C, then treat it in tank D.


        Process A        Process B                     Process C
                                                                        Points of
                                                                        generation


           Waste Accumulation Tank. Waste D
 Process B waste is non-hazardous. Processes A & C wastes are
 hazardous. Waste D isn’t hazardous, the addition of B reduced
 the hazardous constituents below the hazardous waste threshold.
 Q: Is a treatment authorization required?
A: Yes, authorization is required. Waste A & C are
hazardous waste. Dilution is treatment. Additional
treatment might be required to meet LDR standards.
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               Treatment is…
 25123.5(a) “Treatment" means any method,
 technique, or process which is not otherwise
 excluded from the definition of treatment by this
 chapter and which is designed to change the
 physical, chemical, or biological character or
 composition of any hazardous waste or any
 material contained therein, or which removes or
 reduces its harmful properties or characteristics
 for any purpose.


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        Land Disposal Restrictions
                                  (LDRs)
    LDRs were established to keep landfills from
     becoming superfund sites.
    The dilution prohibition is in chapter 18 (LDRs).
    But deactivation (DEACT) is a form of treatment
     permitted under LDRs that can be achieved by
     dilution.
    The dilution reduce the toxics concentration below
     hazardous thresholds, then water could evaporate in
     non-hazardous waste surface impoundments and the
     resultant sludge could be hazardous and leach, so
     stringent treatment standards were mandated by the
     courts.
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             LDR Treatment Standards
        Example: D006 Sludge w/Cadmium
             HAZARDOUS WASTE THRESHOLD
 D006: Cadmium concentration  1.0 mg/l TCLP or STLC
 Ni concentration  20 mg/l STLC
               LDR TREATMENT STANDARDS
 D006 waste water treatment standard 0.69 mg/l TCLP,
  notification on-file is the only requirement if discharged to POTW
 D006 non-waste water treatment standard 0.11 mg/l
  (§§66268.40 & 66268.48)
 Ni waste water treatment standard 3.98 mg/l (§66268.48)
 Ni non-waste water treatment standard 11.0 mg/l TCLP
  (§66268.48)
02/04/2010           12th Annual California Unified Program Conference   61
             Treatment Tier Determination
                 Treatment Units in Series
                            Process Tank outflow
                            (Waste A) Non-hazardous
    Process
     Tank

                Settling
                 Tank                          Settling Tank sludge outflow
                                               (Waste B), hazardous waste.
  Sludge.
 Hazardous                                                          Answer:
   Waste                                                            Waste B. Must
                               Heated Drying Tank                   have hazardous
Q: Which waste is used to
determine treatment tier,                                           waste to have
        A or B?                                                     hazardous waste
                                                                    treatment.
                Non-hazardous waste water to sewer
02/04/2010          12th Annual California Unified Program Conference          62
                        Treatment
                     Trick Question
                                                         Answer:
                                                         No. Fluoride salts
                                                         are a non-RCRA
             HF      D002             NaOH               hazardous Waste.
                     Waste


              waste HF          HF+NaOH                   H2O+NaF
The D002 waste from tanks A & B are
neutralized in the collection piping.

Q: Is it OK to discharge the new waste
(water & sodium fluoride) to sewer?

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             Is the Sodium Fluoride
                subject to LDRs?
         No. The non-RCRA Wastes that are
         subject to Land Disposal
         Restrictions are listed in §66268.29.
         Fluoride salts are not listed.

   However, if the fluorine was from a P056
     listed waste, LDRs would apply!

02/04/2010        12th Annual California Unified Program Conference   64
       Treatment Standard Determination
                          -Waste Mixture-

          Non-Haz           Non-Haz                      Hazardous
          Waste A           Waste B                       Waste C




                                         Hazardous
                     Treatment tank
                                           Waste D
 Wastes A & B are non-hazardous. Wastes C & D are hazardous.
 Waste D is dried and disposed of in a class I landfill.
 Q: Which waste(s) do you evaluate to meet LDRs?
                          Wastes C and D.
The treatment standard is based on the waste at point of generation.
 02/04/2010          12th Annual California Unified Program Conference   65
     Treatment Standard Determination
                   -Characteristic Waste-

                               Process Tank outflow (waste A).
                               Non-RCRA, Ni > 20 mg/l STLC
      Process
       Tank
                                                    Settling tank sludge outflow
                       Settling                     (waste B), RCRA, D006
          Sludge        Tank                        (Cd) and Non-RCRA Ni.
       Hazardous
        Waste
                                       Heated Drying Tank
All. The process waste (A) which goes
out as wastewater (C) requires a
Q: Which wastes The outflow (B)
                      are                                Pre-treated
notification to file.                                    waste water
which goes LDR
subject to out as sludge is subject to                   (waste C) to
RCRA & California LDRs.
standards?                                                 POTW.
  02/04/2010           12th Annual California Unified Program Conference   66
                                    Sludge
      D006: Cadmium concentration  1.0 mg/l TCLP
      Ni concentration  20 mg/l STLC, 2000 mg/kg TTLC

                    TREATMENT STANDARDS
      D006 waste water treatment standard 0.69 mg/l
       TCLP, but one notification on-file only requirement if discharged to
       CWA facility (§§66268.40 & 66268.48)

      D006 non-waste water treatment standard 0.11 mg/l
       (§§66268.40 & 66268.48)
      Ni waste water treatment standard 20 mg/l WET
       (§66268.107)

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                Waste Water
             No Land Disposal, No LDR

22 CCR §66268.7 requires that the facility must
place a one time notification in its files indicating
that it is exempt from LDRs per §66261.4(a)(1), and
(3) identifying the disposition of the waste.
[Note: The underlying hazardous constituents do
not have to be identified or treated in characteristic
waste when these waste are de-characterized and
managed in wastewater treatment systems regulated
under the CWA.]

02/04/2010      12th Annual California Unified Program Conference   68
        Treatment Standard Determination
                             -Listed Waste-

                               Process Tank outflow (waste A).
      Process                  RCRA F006
       Tank

                  Settling                          Settling tank sludge outflow
                   Tank                             (waste B), RCRA F006
   Sludge
  Hazardous
    waste                         Heated Drying Tank

Q: Which wastes(A) & sludge
 Process outflow are                                                  Pre-treated
subject to LDRs? Wastewater
 (B) require LDRs.                                                    waste water
 to POTW requires notice to file.                                      to POTW
  02/04/2010           12th Annual California Unified Program Conference            69
                          F006 Sludge
  Constituent                 Waste Water                      Non-waste Water
  Cadmium                    0.69 mg/l                        0.11 mg/l TCLP
  Chromium                   2.77                             0.60 mg/l TCLP
             (total)

    Cyanides                 1.2                              590.0
             (total)
    Cyanides                 0.86                             30
             (amenable)
    Lead                     0.69                             0.75 mg/l TCLP
    Nickel                   3.98                             11.0 mg/l TCLP
    Silver                   NA                               0.14 mg/l TCLP

02/04/2010                12th Annual California Unified Program Conference     70
              Commingling (diluting)
               Hazardous Waste
                                                                 The waste from
                                                                 tank A is
                                                                 hazardous.
             Haz            Not                     Not          The wastes
              A              B                       C           from tanks B & C
                                                                 are not
                                                                 Hazardous.

               Hazardous                   ?

Q: Is this dilution permitted?
Q: Is this treatment?               Non-hazardous
                                                                       D
Q: Do LDRs apply?
02/04/2010         12th Annual California Unified Program Conference        71
                       Commingling
             Ref:EPA 530-R-01-007 (revised August 2001)

    Where a waste stream will eventually be
     commingled with other waste streams, the
     Agency generally requires waste identification
     and LDR determination to be made at the point
     the waste is generated, prior to the commingling,
     even if the commingling occurs within a pipe
     (except in a totally enclosed treatment system).
    One exception to this rule is that the point of
     generation for tank cleanouts occurs at the end of
     the rinseouts in the receiving rinsate tank, even
     though the first rinse is likely to be of higher
     concentration than the other rinses.
02/04/2010         12th Annual California Unified Program Conference   72
             Is this Dilution Permitted?
     “Aggregation for Centralized Treatment”
      is generally acceptable dilution provided that
      the type of treatment will remove or destroy
      the contaminants.
     You can’t aggregate to dilute, but you can
      aggregate for efficient treatment.
     Wastes that are aggregated or mixed as a part
      of a legitimate treatment process, and are
      subsequently diluted as a result, are not
      considered to be impermissibly diluted
      under LDR.
02/04/2010        12th Annual California Unified Program Conference   73
      “Treatment” does not include:
                 H&SC §25123.5 (b)(2)(C)
  (C) Combining two or more waste streams that are not
  incompatible into a single tank or container if both of the
  following conditions apply:
      (i) The waste streams are being combined solely for the
      purpose of consolidated accumulation or storage or
      consolidated offsite shipment, and they are not being
      combined to meet a fuel specification or to otherwise be
      chemically or physically prepared to be treated, burned for
      energy value, or incinerated.
      (ii) The combined waste stream is managed in compliance
      with the most stringent of the regulatory requirements
      applicable to each individual waste stream.
             So it’s not treatment, but do LDRs apply?
02/04/2010         12th Annual California Unified Program Conference   74
                   Do LDRs Apply?
       These wastes are subject to land disposal
        restrictions. Removing the characteristic of
        corrosivity by combining these wastes can satisfy
        the treatment requirement of deactivation set out in
        40 CFR 268.42, (now 268.40) Table 2. Dilution
        may not be appropriate if there are other
        requirements for the waste matrices. (FAXBACK
        13395)

       Combining waste acid and a waste caustic to
        remove the characteristic of corrosivity is regulated
        treatment in California.*

02/04/2010          12th Annual California Unified Program Conference   75
             Recycling & LDRs



       A generator that recycles onsite
          is still subject to LDRs.
                  (FAXBACK 13280)




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             Point of Generation

                            Tanks

02/04/2010       12th Annual California Unified Program Conference   77
               Hazardous Waste Determination
                 and Point of Generation (POG)
                            Process tank outflow
     Process                (waste A). Non-hazardous
     Tank 1

                 Process                        Settling tank sludge outflow
 Sludge           Tank 2                        (waste C) hazardous waste.
(waste B)
hazardous          B                                                Answer:
  waste.                                                            The outflow from
                               Heated Drying Tank                   the process tank -
Q: Where is the point of                                            waste C- is
generation? A or B or C?                                            hazardous and is
                                                                    the POG.
                Non-hazardous waste water to sewer.
 02/04/2010         12th Annual California Unified Program Conference           78
               Hazardous Waste Determination
                 and Point of Generation (POG)
                              Process tank outflow
      Process                 (waste A). Non-hazardous
       Tank

                  Settling
   Sludge          Tank                            Settling tank sludge outflow
  (waste B)                                        (waste C), hazardous waste.
  hazardous          B
    waste.                                                            Answer:
                                 Heated Drying Tank                   The settling tank
Q: Where is the point of                                              - waste B - is
generation? B or C?                                                   hazardous and is
                                                                      the POG.
                 Non-hazardous waste water to sewer.
  02/04/2010          12th Annual California Unified Program Conference           79
             Hazardous Waste Determination
               and Point of Generation (POG)
                            Waste Tank input
                            non-hazardous waste.                 Answer:
                                                                 The settling
                                                                 tank sludge is
                                                                 hazardous, the
                Settling                                         POG is in the
                 Tank                                            tank.
This Sludge
     is           A
Hazardous.


  Question: Where is the point
  of generation?

02/04/2010          12th Annual California Unified Program Conference        80
                 POG in a Tank
                 §66261.4(c) Exclusion
  A hazardous waste which is generated in a product or
   raw material storage tank is not subject to regulation
   under this division until it exits the unit in which it
   was generated unless the hazardous waste remains in
   the unit more than 90 days after the unit ceases to be
   operated.
  The exemption in this subsection applies only to the
   hazardous waste generated in the above-named tanks,
   not to the tanks themselves. The tanks remain subject
   to the requirements of chapter 32 if the tank is a
   hazardous waste pursuant to article 3 of chapter 11 of
   this division.
02/04/2010       12th Annual California Unified Program Conference   81
                       POG in a Tank
    Hazardous Waste is exempt if generated in:
       A product or raw materials storage tank

       A product or raw material transport vehicle or vessel

       In a product or raw material pipeline

       In a manufacturing process unit or an associated

         non-waste treatment-manufacturing unit
    It is exempt until it:
         Exits the unit, or
         Remains in non-operational unit for more than 90 days, or
         When the unit is a surface impoundment
02/04/2010             12th Annual California Unified Program Conference   82
             POG in a Tank

             RCRA ONLINE
                 11420
                       12865
                       11102
                       11588
                       14152


02/04/2010   12th Annual California Unified Program Conference   83
                  Chapter 32
              Management of Tanks
             Use the Closure Process if :
              The tank system is to be disposed,
               reclaimed or closed in place, and
              The Tank System is identified as
               Hazardous Waste
             and the Tank System is not:
              “Scrap Metal”

02/04/2010           12th Annual California Unified Program Conference   84
             Hazardous Waste

                  Photo Bank


    Points of Generation
    for Hazardous Waste

02/04/2010    12th Annual California Unified Program Conference   85
                Point of Generation

             The following slides depict points of
              generation where hazardous waste
                      is being produced.

                          Do you agree?




02/04/2010          12th Annual California Unified Program Conference   86
                Process Tanks
             Point of Generation?




02/04/2010      12th Annual California Unified Program Conference   87
                Process Tanks
             Point of Generation?


                                                       When solution is
                                                       removed as a waste

                                                     Is a product a waste?


                                                       When solution
      When solution remains                            remains in non-
      in non-operational                               operational
      equipment for >1 year                            equipment
                                                       for >90 days

02/04/2010        12th Annual California Unified Program Conference      88
       HCl Bottling Area Poly Tank
          Point of Generation?




02/04/2010    12th Annual California Unified Program Conference   89
       HCl Bottling Area Poly Tank
          Point of Generation?

                                              Exit point from tank


                                                 The sump



                                                When removed
                                                from the sump



02/04/2010    12th Annual California Unified Program Conference   90
             Floor of Plating Shop
             Point of Generation?




02/04/2010      12th Annual California Unified Program Conference   91
             Floor of Plating Shop
             Point of Generation?


                 Floor is part of
               process, not a waste




02/04/2010      12th Annual California Unified Program Conference   92
             Floor of Plating Shop
             Point of Generation?

               Floor is part of
             process, not a waste




02/04/2010     12th Annual California Unified Program Conference   93
                Floor of Plating Shop
                Point of Generation?

             Hazardous Material/Waste
               Dropped on the Floor




02/04/2010        12th Annual California Unified Program Conference   94
             Floor of Plating Shop
             Point of Generation?


               Leaky Nickel Tank




02/04/2010      12th Annual California Unified Program Conference   95
             -Waste Determination
             -Treatment Tier
             -Land Disposal Restrictions
                 They are all based on:

                 The Point of
                 Generation
02/04/2010          12th Annual California Unified Program Conference   96
              Resources
    RCRA Online Database
    DTSC Website
    Title 22, Health & Safety Code
    CalCUPA.net website

02/04/2010   12th Annual California Unified Program Conference   97
                                                                  Ten
                                                                 minute
                                                                 Break




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