2.1 THE GENERATORS' PRIMARY RESPONSIBILITIES It is solely the generator's responsibility to determine if it generates or manages solid waste, and it is solely the generator's responsibility to determine if any of those solid wastes are hazardous wastes. Waste determinations are critical to businesses that generate wastes, because the determinations categorize the generators and apply regulatory requirements specific to their businesses. Many waste vendors and brokers solicit work, advertising their services for full-service waste determinations and management. It is potentially dangerous for businesses to put their full trust in these vendors and brokers, because it is the business owner who is ultimately responsible for their determinations. 2.2 CATEGORIES OF HAZARDOUS WASTE As mentioned early in Chapter 1, "A Brief History of Hazardous Waste", in the United States, hazardous wastes are divided into two general categories wastes that are hazardous because of their characteristics, and wastes that are hazardous because they are specifically listed in the USEPA regulations. Characteristic Hazardous Wastes 1. Ignitable (D001): Ignitable wastes are liquids having a flash point < 60 C (140 F) and compressed gases with a pressure over 1 atmosphere that are flammable or that support combustion. They can create fires under certain conditions or can spontaneously combust. Examples of D001 wastes are: acetone, benzene, waste gasoline, alcohols, naptha, petroleum distillates, and other used solvents such as xylene. 2. Corrosive (D002): Corrosive wastes are concentrated acids or bases (pH 2, or 12.5) or liquids that are capable of corroding metal containers, such as storage tanks, drums, and barrels. Examples of D002 wastes are: Acid from lead/acid batteries, etching solutions from printing/photography, ammonium solutions, hydroxide solutions, acid or alkaline cleaning solutions, rust removers, battery acid, and caustic hot tanks waste. 3. Reactive (D003): Reactive wastes are unstable and can cause explosions, toxic fumes, gases, or vapors when exposed to water, heat, or increased pressure. A waste is reactive if it reacts violently with water, forms potentially explosive mixtures with water, generates toxic gases when mixed with water, contains cyanides or sulfides that are released when exposed to acid or alkaline materials, or is explosive. Examples of reactive wastes are: cyanide plating wastes, waste concentrated bleaches, pressurized aerosol cans, and metallic sodium and potassium. 4. Toxic (D004 - D043): Toxic wastes are harmful or fatal when ingested or absorbed through the skin. Toxicity is defined through a laboratory procedure called the Toxicity Characteristic Leaching Procedure (TCLP). The TCLP helps identify wastes likely to leach concentrations of contaminants that might be harmful to human health or the environment. Examples of toxic wastes are: painting wastes that contain toxic metal-based pigments and/or certain solvents, such as Methyl Ethyl Ketone (MEK);treated wood waste where the treatment was done with "penta," or pentachlorophenol; and oily wastes, such as used oil filters that exceed the levels for benzene and/or lead. Hazardous wastes do not always have only one waste code assigned Note to them. Some wastes may have many hazardous waste codes. The D-List EPA created the D-list, and any waste containing contaminants greater than or equal to the regulatory level, as determined by the Toxicity Characteristic Leaching Procedure (TCLP), is regulated as a characteristic hazardous waste. Table 2.1: Complete D-list Open table as spreadsheet EPA HW No.1 D004 D005 D018 D006 D019 D020 D021 D022 D007 D023 D024 D025 D026 D016 D027 D028 D029 D030 Contaminant Arsenic Barium Benzene Cadmium Carbon tetrachloride Chlordane Chlorobenzene Chloroform Chromium O-cresol m-cresol p-cresol Cresol 2,4-D 1,4-Dichlorobenzene 1,2-Dichloroethane 1,1-Dichloroethylene 2,4-Dinitrotoluene Cresol No.2 7440-38-2 7440-39-3 71-43-2 7440-43-9 56-23-5 57-74-9 108-90-7 67-66-3 7440-47-3 95-48-7 108-39-4 106-44-5 94-75-7 106-46-7 107-06-2 75-35-4 121-14-2 Regulatory Level (mg/L) 5.0 100.0 0.5 1.0 0.5 0.03 100.0 6.0 5.0 4200.0 4200.0 4200.0 4200.0 10.0 7.5 0.5 0.7 30.13 Table 2.1: Complete D-list Open table as spreadsheet EPA HW No.1 D012 D031 Contaminant Cresol No.2 72-20-8 76-44-8 Regulatory Level (mg/L) 0.02 0.008 Endrin Heptachlor (and its epoxide) D032 Hexachlorobenzene 118-74-1 30.13 D033 Hexachlorobutadiene 87-68-3 0.5 D034 Hexachloroethane 67-72-1 3.0 D008 Lead 7439-92-1 5.0 D013 Lindane 58-89-9 0.4 D009 Mercury 7439-97-6 0.2 D014 Methoxychlor 72-43-5 10.0 D035 Methyl ethyl ketone 78-93-3 200.0 D036 Nitrobenzene 98-95-3 2.0 D037 Pentrachlorophenol 87-86-5 100.0 D038 Pyridine 110-86-1 35.0 D010 Selenium 7782-49-2 1.0 D011 Silver 7440-22-4 5.0 D039 Tetrachloroethylene 127-18-4 0.7 D015 Toxaphene 8001-35-2 0.5 D040 Trichloroethylene 79-01-6 0.5 D041 2,4,5-trichlorophenol 95-95-4 400.0 D042 2,4,6-trichlorophenol 88-06-2 2.0 D017 2,4,5-tp (Silvex) 93-72-1 1.0 D043 Vinyl chloride 75-01-4 0.2 Source: EPA 40 CFR Part 261.20. 1 Hazardous waste number. 2 Chemical abstracts service number. 3 Quantitation limit is greater than the calculated regulatory level. The quantitation limit therefore becomes the regulatory level. 4 If o-, m-, and p-Cresol concentrations cannot be differentiated, the total cresol (D026) concentration is used. The regulatory level of total cresol is 200 mg/l. Listed Hazardous Wastes Wastes that are specifically listed in the USEPA hazardous waste regulations include the F-list (wastes from common manufacturing and industrial processes), K-list (wastes from specific industries), and P- and U-lists (wastes from commercial chemical products). The F-List The F-List identifies wastes from industrial and manufacturing processes, such as solvents that have been used in cleaning or degreasing operations. F-list wastes are called nonspecific because they occur in different industry sectors. The F-listed wastes are known as wastes from nonspecific sources. Table 2.2: Complete F-list Open table as spreadsheet Industry and EPA hazardous waste No. Generic: F001 F002 F003 Hazardous waste Hazard code The following spent halogenated solvents used in degreasing: Tetrachloroethylene, trichloroethylene, methylene chloride, 1,1,1trichloroethane, carbon tetrachloride, and chlorinated fluorocarbons; all spent solvent mixtures/blends used in degreasing containing, before use, a total of ten percent or more (by volume) of one or more of the above halogenated solvents or those solvents listed in F002, F004, and F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures The following spent halogenated solvents: Tetrachloroethylene, methylene chloride, trichloroethylene, 1,1,1-trichloroethane, chlorobenzene, 1,1,2-trichloro-1,2,2trifluoroethane, ortho-dichlorobenzene, trichlorofluoromethane, and 1,1,2trichloroethane; all spent solvent mixtures/blends containing, before use, a total of ten percent or more (by volume) of one or more of the above halogenated solvents or those listed in F001, F004, or F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures The following spent non-halogenated solvents: Xylene, acetone, ethyl acetate, ethyl benzene, ethyl ether, methyl isobutyl ketone, n-butyl alcohol, cyclohexanone, and methanol; all spent (T) (T) (I)* Table 2.2: Complete F-list Open table as spreadsheet Industry and EPA hazardous waste No. F004 F005 F006 Hazardous waste solvent mixtures/blends containing, before use, only the above spent non-halogenated solvents; and all spent solvent mixtures/blends containing, before use, one or more of the above nonhalogenated solvents, and, a total of ten percent or more (by volume) of one or more of those solvents listed in F001, F002, F004, and F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures The following spent non-halogenated solvents: Cresols and cresylic acid, and nitrobenzene; all spent solvent mixtures/blends containing, before use, a total of ten percent or more (by volume) of one or more of the above non-halogenated solvents or those solvents listed in F001, F002, and F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures The following spent non-halogenated solvents: Toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, benzene, 2-ethoxyethanol, and 2-nitropropane; all spent solvent mixtures/blends containing, before use, a total of ten percent or more (by volume) of one or more of the above non-halogenated solvents or those solvents listed in F001, F002, or F004; and still bottoms from the recovery of these spent solvents and spent solvent mixtures Wastewater treatment sludges from electroplating operations except from the following processes: (1) Sulfuric acid anodizing of aluminum; (2) tin plating on carbon steel; (3) zinc plating (segregated basis) on carbon steel; (4) aluminum or zinc-aluminum plating on carbon steel; (5) cleaning/stripping associated with tin, zinc and aluminum plating on carbon steel; and (6) chemical etching and milling of aluminum Hazard code (T) (I,T) (T) Table 2.2: Complete F-list Open table as spreadsheet Industry and EPA hazardous waste No. F007 F008 F009 F010 F011 F012 F019 Hazardous waste Hazard code Spent cyanide plating bath solutions from electroplating operations Plating bath residues from the bottom of plating baths from electroplating operations where cyanides are used in the process Spent stripping and cleaning bath solutions from electroplating operations where cyanides are used in the process Quenching bath residues from oil baths from metal heat treating operations where cyanides are used in the process Spent cyanide solutions from salt bath pot cleaning from metal heat treating operations Quenching waste water treatment sludges from metal heat treating operations where cyanides are used in the process Wastewater treatment sludges from the chemical conversion coating of aluminum except from zirconium phosphating in aluminum can washing when such phosphating is an exclusive conversion coating process. Wastewater treatment sludges from the manufacturing of motor vehicles using a zinc phosphating process will not be subject to this listing at the point of generation if the wastes are not placed outside on the land prior to shipment to a landfill for disposal and are either: disposed in a Subtitle D municipal or industrial landfill unit that is equipped with a single clay liner and is permitted, licensed or otherwise authorized by the state; or disposed in a landfill unit subject to, or otherwise meeting, the landfill requirements in 258.40, 264.301 or 265.301. For the purposes of this listing, motor vehicle manufacturing is defined in paragraph (b)(4)(i) of this section and (b)(4)(ii) of this section describes the recordkeeping requirements for (R,T) (R,T) (R,T) (R, T) (R, T) (T) (T) Table 2.2: Complete F-list Open table as spreadsheet Industry and EPA hazardous waste No. F020 F021 F022 F023 F024 Hazardous waste motor vehicle manufacturing facilities Wastes (except wastewater and spent carbon from hydrogen chloride purification) from the production or manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of tri- or tetrachlorophenol, or of intermediates used to produce their pesticide derivatives. (This listing does not include wastes from the production of Hexachlorophene from highly purified 2,4,5trichlorophenol.) Wastes (except wastewater and spent carbon from hydrogen chloride purification) from the production or manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of pentachlorophenol, or of intermediates used to produce its derivatives Wastes (except wastewater and spent carbon from hydrogen chloride purification) from the manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of tetra-, penta-, or hexachlorobenzenes under alkaline conditions Wastes (except wastewater and spent carbon from hydrogen chloride purification) from the production of materials on equipment previously used for the production or manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of tri- and tetrachlorophenols. (This listing does not include wastes from equipment used only for the production or use of Hexachlorophene from highly purified 2,4,5-trichlorophenol.) Process wastes, including but not limited to, distillation residues, heavy ends, tars, and reactor clean-out wastes, from the production of certain chlorinated aliphatic hydrocarbons by Hazard code (H) (H) (H) (H) (T) Table 2.2: Complete F-list Open table as spreadsheet Industry and EPA hazardous waste No. F025 F026 F027 F028 F032 Hazardous waste free radical catalyzed processes. These chlorinated aliphatic hydrocarbons are those having carbon chain lengths ranging from one to and including five, with varying amounts and positions of chlorine substitution. (This listing does not include wastewaters, wastewater treatment sludges, spent catalysts, and wastes listed in 261.31 or 261.32.) Condensed light ends, spent filters and filter aids, and spent desiccant wastes from the production of certain chlorinated aliphatic hydrocarbons, by free radical catalyzed processes. These chlorinated aliphatic hydrocarbons are those havingcarbon chain lengths ranging from one to and including five, with varying amounts and positions of chlorine substitution Wastes (except wastewater and spent carbon from hydrogen chloride purification) from the production of materials on equipment previously used for the manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of tetra-, penta-, or hexachlorobenzene under alkaline conditions Discarded unused formulations containing tri-, tetra-, or pentachlorophenol or discarded unused formulations containing compounds derived from these chlorophenols. (This listing does not include formulations containing Hexachlorophene sythesized from prepurified 2,4,5-trichlorophenol as the sole component.) Residues resulting from the incineration or thermal treatment of soil contaminated with EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, and F027 Wastewaters (except those that have not come into contact with process contaminants), Hazard code (T) (H) (H) (T) (T) Table 2.2: Complete F-list Open table as spreadsheet Industry and EPA hazardous waste No. F034 F035 F037 Hazardous waste process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that currently use or have previously used chlorophenolic formulations (except potentially crosscontaminated wastes that have had the F032 waste code deleted in accordance with 261.35 of this chapter or potentially cross-contaminated wastes that are otherwise currently regulated as hazardous wastes (i.e., F034 or F035), and where the generator does not resume or initiate use of chlorophenolic formulations). This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote and/or pentachlorophenol Wastewaters (except those that have not come into contact with process contaminants), process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that use creosote formulations. This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote and/or pentachlorophenol Wastewaters (except those that have not come into contact with process contaminants), process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that use inorganic preservatives containing arsenic or chromium. This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote and/or pentachlorophenol Petroleum refinery primary oil/water/solids separation sludgeAny sludge generated from the gravitational separation of oil/water/solids Hazard code (T) (T) (T) Table 2.2: Complete F-list Open table as spreadsheet Industry and EPA hazardous waste No. F038 Hazardous waste during the storage or treatment of process wastewaters and oily cooling wastewaters from petroleum refineries. Such sludges include, but are not limited to, those generated in oil/water/solids separators; tanks and impoundments; ditches and other conveyances; sumps; and stormwater units receiving dry weather flow. Sludge generated in stormwater units that do not receive dry weather flow, sludges generated from non-contact oncethrough cooling waters segregated for treatment from other process or oily cooling waters, sludges generated in aggressive biological treatment units as defined in 261.31(b)(2) (including sludges generated in one or more additional units after wastewaters have been treated in aggressive biological treatment units) and K051 wastes are not included in this listing. This listing does include residuals generated from processing or recycling oil-bearing hazardous secondary materials excluded under 261.4(a)(12)(i), if those residuals are to be disposed of Petroleum refinery secondary (emulsified) oil/water/solids separation sludge-Any sludge and/or float generated from the physical and/or chemical separation of oil/water/solids in process wastewaters and oily cooling wastewaters from petroleum refineries. Such wastes include, but are not limited to, all sludges and floats generated in: induced air flotation (IAF) units, tanks and impoundments, and all sludges generated in DAF units. Sludges generated in stormwater units that do not receive dry weather flow, sludges generated from non-contact once-through cooling waters segregated for treatment from other process or oily cooling waters, sludges and floats Hazard code (T) Table 2.2: Complete F-list Open table as spreadsheet Industry and EPA hazardous waste No. Hazardous waste Hazard code generated in aggressive biological treatment units as defined in 261.31(b)(2) (including sludges and floats generated in one or more additional units after wastewaters have been treated in aggressive biological treatment units) and F037, K048, and K051 wastes are not included in this listing F039 Leachate (liquids that have percolated through (T) land disposed wastes) resulting from the disposal of more than one restricted waste classified as hazardous under subpart D of this part. (Leachate resulting from the disposal of one or more of the following EPA Hazardous Wastes and no other Hazardous Wastes retains its EPA Hazardous Waste Number(s): F020, F021, F022, F026, F027, and/or F028.) Source: EPA 40 CFR Part 260.32. * (I, T) should be used to specify mixtures that are ignitable and contain toxic constituents. On the CD The D-List and F-List are included in their entirety in this Note text because they are relatively short. The text includes only the first two pages of the K-, P-, and U-lists, because they are very lengthy. For complete copies of these lists, please refer to the CD-ROM included with this textbook. The K-list The K-list identifies wastes that come from industries that manufacture specific products, such as pesticides or plastics. A partial list is shown as an example. On the CD The complete K-list is included on the CD-ROM. Table 2.3: Example portion of K-list Open table as spreadsheet Industry and EPA hazardous waste No. Wood Hazardous waste Hazard code Bottom sediment sludge from the treatment (T) Table 2.3: Example portion of K-list Open table as spreadsheet Industry and EPA hazardous waste No. preservation: K001 Inorganic pigments: K002 K003 K004 K005 K006 K007 K008 Organic chemicals: K009 K010 K011 K013 K014 K015 K016 Hazardous waste Hazard code of wastewaters from wood preserving processes that use creosote and/or pentachlorophenol Wastewater treatment sludge from the production of chrome yellow and orange pigments Wastewater treatment sludge from the production of molybdate orange pigments Wastewater treatment sludge from the production of zinc yellow pigments Wastewater treatment sludge from the production of chrome green pigments Wastewater treatment sludge from the production of chrome oxide green pigments (anhydrous and hydrated) Wastewater treatment sludge from the production of iron blue pigments Oven residue from the production of chrome oxide green pigments (T) Distillation bottoms from the production of acetaldehyde from ethylene Distillation side cuts from the production of acetaldehyde from ethylene Bottom stream from the wastewater stripper in the production of acrylonitrile Bottom stream from the acetonitrile column in the production of acrylonitrile Bottoms from the acetonitrile purification column in the production of acrylonitrile Still bottoms from the distillation of benzyl chloride Heavy ends or distillation residues from the production of carbon tetrachloride (T) (T) (T) (T) (T) (T) (T) (T) (R, T) (R, T) (T) (T) (T) Table 2.3: Example portion of K-list Open table as spreadsheet Industry and EPA hazardous waste No. K017 K018 K019 K020 K021 K022 K023 K024 K025 K026 K027 K028 K029 K030 K083 K085 K093 Hazardous waste Hazard code Heavy ends (still bottoms) from the purification column in the production of epichlorohydrin Heavy ends from the fractionation column in ethyl chloride production Heavy ends from the distillation of ethylene dichloride in ethylene dichloride production Heavy ends from the distillation of vinyl chloride in vinyl chloride monomer production Aqueous spent antimony catalyst waste from fluoromethanes production Distillation bottom tars from the production of phenol/acetone from cumene Distillation light ends from the production of phthalic anhydride from naphthalene Distillation bottoms from the production of phthalic anhydride from naphthalene Distillation bottoms from the production of nitrobenzene by the nitration of benzene Stripping still tails from the production of methy ethyl pyridines Centrifuge and distillation residues from toluene diisocyanate production Spent catalyst from the hydrochlorinator reactor in the production of 1,1,1trichloroethane Waste from the product steam stripper in the production of 1,1,1-trichloroethane Column bottoms or heavy ends from the combined production of trichloroethylene and perchloroethylene Distillation bottoms from aniline production Distillation or fractionation column bottoms from the production of chlorobenzenes Distillation light ends from the production of (T) (T) (T) (T) (T) (T) (T) (T) (T) (T) (R, T) (T) (T) (T) (T) (T) (T) Table 2.3: Example portion of K-list Open table as spreadsheet Industry and EPA hazardous waste No. Hazardous waste phthalic anhydride from ortho-xylene K094 Distillation bottoms from the production of phthalic anhydride from ortho-xylene K095 Distillation bottoms from the production of 1,1,1-trichloroethane K096 Heavy ends from the heavy ends column from the production of 1,1,1-trichloroethane K103 Process residues from aniline extraction from the production of aniline K104 Combined wastewater streams generated from nitrobenzene/aniline production K105 Separated aqueous stream from the reactor product washing step in the production of chlorobenzenes K107 Column bottoms from product separation from the production of 1,1dimethylhydrazine (UDMh) from carboxylic acid hydrazines Source: EPA 40 CFR 260.20 and 260.22 and listed in appendix IX. Hazard code (T) (T) (T) (T) (T) (T) (C,T) The P- and U-lists On the CD The P- and U-lists are unused commercial products, such as pesticides and pharmaceuticals that cannot be used or sold. Again, only a few sample pages are included in this text. The P-list items are "acutely hazardous" wastes, meaning they are more toxic than the others. The complete P- and ULists are included on the CD-ROM. Table 2.4: Example portion of P-list Open table as spreadsheet Hazardous waste No. P023 P002 P057 P058 Chemical abstracts No. 107-20-0 591-08-2 640-19-7 62-74-8 Substance Acetaldehyde, chloroAcetamide, N-(aminothioxomethyl)Acetamide, 2-fluoroAcetic acid, fluoro-, sodium salt Table 2.4: Example portion of P-list Open table as spreadsheet Hazardous waste No. P002 P003 P070 P203 P004 P005 P006 P007 P008 P009 P119 P099 P010 P012 P011 P011 P012 P038 P036 P054 P067 P013 P024 P077 P028 P042 Chemical abstracts No. 591-08-2 107-02-8 116-06-3 1646-88-4 309-00-2 107-18-6 20859-73-8 2763-96-4 504-24-5 131-74-8 7803-55-6 506-61-6 7778-39-4 1327-53-3 1303-28-2 1303-28-2 1327-53-3 692-42-2 696-28-6 151-56-4 75-55-8 542-62-1 106-47-8 100-01-6 100-44-7 51-43-4 P046 P014 P127 122-09-8 108-98-5 1563-66-2 P188 57-64-7 Substance 1-acetyl-2-thiourea Acrolein Aldicarb Aldicarb sulfone. Aldrin Allyl alcohol Aluminum phosphide (R,T) 5-(aminomethyl)-3-isoxazolol 4-aminopyridine Ammonium picrate (R) Ammonium vanadate Argentate(1-), bis(cyano-c)-, potassium Arsenic acid H3AsO4 Arsenic oxide As2O3 Arsenic oxide As2O5 Arsenic pentoxide Arsenic trioxide Arsine, diethylArsonous dichloride, phenylAziridine Aziridine, 2-methylBarium cyanide Benzenamine, 4-chloroBenzenamine, 4-nitroBenzene, (chloromethyl)1,2-Benzenediol, 4-[1-hydroxy-2(methylamino)ethyl]-, (R)Benzeneethanamine, alpha, alpha-dimethylBenzenethiol 7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-, methylcarbamate Benzoic acid, 2-hydroxy-, compd. with (3aScis)-1,2,3,3a,8,8a-hexahydro-1,3a,8- Table 2.4: Example portion of P-list Open table as spreadsheet Hazardous waste No. Chemical abstracts No. Substance trimethylpyrrolo[2,3-b]indol-5-yl methylcarbamate ester (1:1) 1 P001 81-81-2 2H-1-Benzopyran-2-one, 4-hydroxy-3-(3oxo-1-phenylbutyl)-, & salts, when present at concentrations greater than 0.3% P028 100-44-7 Benzyl chloride P015 7440-41-7 Beryllium powder P017 598-31-2 Bromoacetone P018 357-57-3 Brucine P045 39196-18-4 2-Butanone, 3,3-dimethyl-1-(methylthio)-, O[(methylamino)carbonyl] oxime P021 592-01-8 Calcium cyanide P021 592-01-8 Calcium cyanide Ca(CN)2 P189 55285-14-8 Carbamic acid, [(dibutylamino)- thio]methyl-, 2,3-dihydro-2,2-dimethyl- 7-benzofuranyl ester P191 644-64-4 Carbamic acid, dimethyl-, 1-[(dimethylamino)carbonyl]- 5-methyl-1h- pyrazol-3-yl ester P192 119-38-0 Carbamic acid, dimethyl-, 3-methyl-1- (1methylethyl)-1h- pyrazol-5-yl ester P190 1129-41-5 Carbamic acid, methyl-, 3-methylphenyl ester P127 1563-66-2 Carbofuran P022 75-15-0 Carbon disulfide P095 75-44-5 Carbonic dichloride P189 55285-14-8 Carbosulfan P023 107-20-0 Chloroacetaldehyde P024 106-47-8 p-chloroaniline Source: EPA 40 CFR 260.20 and 260.22 and appendix IX. Table 2.5: Example portion of U-List Open table as spreadsheet Hazardous waste No. U394 U001 U034 U187 U005 U240 Chemical abstracts No. 30558-43-1 75-07-0 75-87-6 62-44-2 53-96-3 194-75-7 U112 U144 U214 see F027 U002 U003 U004 U005 U006 U007 U008 U009 U011 U012 U136 U014 U015 U010 141-78-6 301-04-2 563-68-8 93-76-5 67-64-1 75-05-8 98.86.2 53.96.3 75.36.5 79.06.1 79.10.7 107.13.1 61.82.5 62.53.3 75.60.5 492.80.8 115.02.6 50.07.7 U280 U278 U364 U271 101.27.9 22781-23-3 22961.82.6 17804-35-2 Substance A2213 Acetaldehyde (I) Acetaldehyde, trichloroAcetamide, N-(4-ethoxyphenyl)Acetamide, N-9h-fluoren-2-ylAcetic acid, (2,4-dichlorophenoxy)-, salts & esters Acetic acid ethyl ester (I) Acetic acid, lead(2+) salt Acetic acid, thallium(1+) salt Acetic acid, (2,4,5-trichlorophenoxy)Acetone (I) Acetonitrile (I,T) Acetophenone 2-acetylaminofluorene Acetyl chloride (C,R,T) Acrylamide Acrylic acid (I) Acrylonitrile Amitrole Aniline (I,T) Arsinic acid, dimethylAuramine Azaserine Azirino[2',3':3,4]pyrrolo[1,2-a]indole-4,7dione, 6-amino-8[[(aminocarbonyl)oxy]methyl]-1,1a,2,8,8a,8bhexahydro-8a-methoxy-5-methyl-, [1aS(1aalpha, 8beta,8aalpha,8balpha)]Barban Bendiocarb Bendiocarb phenol Benomyl Table 2.5: Example portion of U-List Open table as spreadsheet Hazardous waste No. U157 U016 U017 U192 Chemical abstracts No. 56-49-5 225-51-4 98-87-3 23950-58-5 Substance Benz[j]aceanthrylene, 1,2-dihydro-3-methylBenz[c]acridine Benzal chloride Benzamide, 3,5-dichloro-N-(1,1-dimethyl-2propynyl)U018 56-55-3 Benz[a]anthracene U094 57-97-6 Benz[a]anthracene, 7,12-dimethylU012 62-53-3 Benzenamine (I,T) U014 492-80-8 Benzenamine, 4,4'-carbonimidoylbis[N,NdimethylU049 3165-93-3 Benzenamine, 4-chloro-2-methyl-, hydrochloride U093 60-11-7 Benzenamine, N,N-dimethyl-4-(phenylazo)U328 95-53-4 Benzenamine, 2-methylU353 106-49-0 Benzenamine, 4-methylU158 101-14-4 Benzenamine, 4,4'-methylenebis[2-chloroU222 636.21.5 Benzenamine, 2-methyl-, hydrochloride U181 99-55-8 Benzenamine, 2-methyl-5-nitroU019 71-43-2 Benzene (I,T) U038 510-15-6 Benzeneacetic acid, 4-chloro-alpha-(4chlorophenyl)-alpha-hydroxy-, ethyl ester U030 101-55-3 Benzene, 1-bromo-4-phenoxyU035 305-03-3 Benzenebutanoic acid, 4-[bis(2-chloroethyl) amino]U037 108-90-7 Benzene, chloroU221 25376-45-8 Benzenediamine, ar-methylU028 117-81-7 1,2-Benzenedicarboxylic acid, bis(2ethylhexyl) ester U069 84-74-2 1,2-Benzenedicarboxylic acid, dibutyl ester U088 84-66-2 1,2-Benzenedicarboxylic acid, diethyl ester U102 131-11-3 1,2-Benzenedicarboxylic acid, dimethyl ester U107 117-84-0 1,2-Benzenedicarboxylic acid, dioctyl ester Source: EPA 40 CFR 260.20 and 260.22 and appendix IX. 1CAS Number given for parent compound only. 2.3 RELAXED STANDARDS FOR UNIVERSAL WASTES Universal Wastes The USEPA applied the term universal waste to certain types of wastes that are generated on a regular basis by almost every business and industry (universally). Many of these wastes are so commonly generated that their associated hazards and dangers are often downplayed or ignored. The USEPA has set up streamlined rules and regulations to define these universal wastes and to encourage better collection and recycling: batteries pesticides mercury-containing equipment o thermostats o lamps Businesses and industries enjoy relaxed rules and regulations, which offer many advantages for how they must manage regular non-acute hazardous waste, as follows: Labeling requirements are simplified' universal waste doesn't need to have a hazardous waste label (see Figure 2.1). Instead, the labels should read: o For batteries, "Universal Waste-Battery(ies)" or "Waste Battery(ies)" or "Used Battery(ies)" o For pesticides, "Universal Waste-Pesticide(s)" or "Waste Pesticide(s)" o For mercury switches, "Universal Waste-Mercury Switch(es)" or "Waste Mercury Switch(es)" or "Used Mercury Switch(es)" o For thermostats, "Universal Waste-Mercury Thermostat(s)" or "Waste Mercury Thermostat(s)" or "Used Mercury Thermostat(s)" o For lamps, "Universal Waste-Lamp(s)" or "Waste Lamp(s)" or "Used Mercury Lamp(s)" Storage on site for one year or longer is allowed if the extended storage time is solely to accumulate sufficient quantities necessary for proper recovery, treatment, or disposal. Universal waste does not count toward hazardous waste generator status or level. There are no hazardous waste fees or taxes on universal wastes. Universal waste generators are not required to have an EPA generator identification number. Universal waste handlers may accept universal waste from other generators. Universal waste generators may use shipping papers or bills of lading rather than the uniform hazardous waste manifest. Small quantity handlers (those who accumulate less than 11,000 pounds at any one time) are not subject to record-keeping requirements. Universal waste generators may self-transport using the less stringent universal waste transporter requirements. Universal waste generators are not required to use licensed hazardous waste transporters. Figure 2.1: Fiber drum with universal waste fluorescent lamps. (Photo courtesy of Faith Baptist Church, New York.) It should be noted that U.S. Department of Transportation regulations might still apply to the material and mode of shipment. The universal waste rules apply only to the lists of products in their Note original containers or casings. If the original container breaks whether it is a switch, a battery, a thermostat, or a lampthe waste must promptly be properly contained, cleaned up, identified, and managed as a hazardous waste. Every company has the option to manage its universal waste as regular hazardous waste, following all of the rules, using hazardous waste manifests, and having those wastes count toward their annual hazardous waste generation. Some companies elect to do this because they don't generate sufficient universal waste to make it worthwhile to distinguish between the two types of waste. Some states have defined additional wastes as universal wastes. Check Tip with your home state regulatory agency or their Web site to take full advantage of these relaxed rules. 2.4 MIXED WASTES Mixed wastes are hazardous wastes that are mixed with low-level radioactively contaminated waste from industrial or research work (see Figure 2.2). They include items such as paper, rags, plastic bags, or water-treatment residues. Figure 2.2: Radioactive symbol. (Image from Nuclear Regulatory Commission online at http://www.nrc.gov/images/reading-rm/photogallery/20090901-056.jpg) The regulation of mixed waste is much more complicated than hazardous waste. Mixed wastes are regulated jointly by the USEPA and the Nuclear Regulatory Commission (NRC), with the EPA regulating the hazardous waste portion of the waste and the NRC regulating the radiological portion. The Atomic Energy Act (AEA) and RCRA are in agreement for the most part, but whenever there is a conflict, the provisions of the AEA take precedence over RCRA. One of the biggest problems with mixed waste is that there are often no treatment facilities available to manage the waste, so the waste either has to be treated on site in containers, to remove the hazardous portion, or be placed in long-term storage until either the radiological portion decays to a point where it is safe enough to treat the hazardous portion, or a viable treatment solution becomes available. A discussion of various types of storage facilities (salt dome formations, salt bed formations, underground mines, and underground caves) can be found in Chapter 4. The best solution to mediating this waste management dilemma is to minimize the amounts and concentrations of the mixed waste generated to the least amounts and concentrations possible. This move up the hazardous waste management hierarchy can produce less mixed waste in the future. 2.5 SPECIAL INDIVIDUAL STATE HAZARDOUS WASTES To complicate matters further, individual states are allowed to promulgate hazardous waste regulations that are more stringent than the federal rules and regulations. Some states identify additional substances as hazardous waste in their individual state. For example, New York State identifies polychlorinated Biphenyls (PCBs) as hazardous waste (PCB wastes are not regulated as hazardous waste under RCRA. Instead, they are regulated by the federal Toxic Substances Control Act (TSCA). For example, the lamp ballasts shown in Figure 2.3 would be regulated as a hazardous waste in New York State if they contained PCBs at a concentration of 50 parts per million or higher. Some New England states identify waste oil as a hazardous waste, and others do not. These differences make compliance with the hazardous waste rules difficult, particularly if the wastes are shipped from state to state or across several states for disposal. It is possible for wastes to go from hazardous to nonhazardous and back to hazardous as they cross the nation, or are shipped into other countries. These regulatory differences from state to state can be very difficult to track, and transporters and waste management facilities often violate the rules, knowingly or unknowingly. For more details on how individual states differ from the USEPA in their waste identification, visit each state's individual Web sites or visit the USEPA Web site [EPA 11b]. Figure 2.3: Lamp ballasts containing PCBs. (Photo courtesy of Faith Baptist Church, New York.) It is highly advisable for all facilities to contact the environmental Tip regulatory staff in the state where waste is generated to see if there are special waste streams that are considered hazardous waste in that state. 2.6 ALWAYS VERIFY WASTE IDENTIFICATION WITH HOME STATE REGULATORS It is unwise for facilities to make independent solid and hazardous waste determinations for several reasons: 1. Failure to make a proper solid or hazardous waste determination is potentially a very serious violation, carrying possible monetary penalties. 2. It is critical to know if the facility must comply with solid and hazardous waste laws, rules, and regulations; and if it needs to comply, what exact compliance procedures must be followed. 3. Even if a facility makes a solid or hazardous waste determination in good faith, it is still possible to be contrary to the interpretation of the regulatory agencies and to face possible penalties. Having a written determination from a regulatory agency goes a long way toward convincing compliance staff that the facility tried its best to make a proper determination. Readers are advised to always ask questions of the agencies that Tip regulate the wastes in question. The USEPA has staff that will provide regulatory interpretations, but it is preferred that the facility contact the appropriate state hazardous waste regulatory agency(ies) where they do business. The calls can be made anonymously if the facility doesn't want to reveal its identity. The regulatory staff will still answer their questions. Document All Waste Determinations One of the first questions a hazardous waste inspector asks when he inspects a facility is, "Have you made waste determinations on all of the waste generated at the facility?" Make sure you have the determination(s) stored in an easily accessible, separate file so the inspector can review them. It is critical to document your waste determination(s) thoroughly, including conversations or correspondence you have had from federal or state regulators. If a facility generates or manages hazardous wastes at a rate greater Tip than 100 kilograms (220 pounds) per month, it must obtain a federal hazardous waste generator identification number (USEPA generator ID #). This number is generated by the USEPA regional offices, which are listed on the EPA Web site [EPA 11c]. These USEPA Generator ID numbers are site specific. It is imperative to have a USEPA ID Number for every physical location where hazardous waste is generated at a rate of more than 100 KG per month. Facilities generating less than 100 KG per month do not need a USEPA generator ID number. 2.7 CASE STUDIES In the following case study, an owner/operator learns that improper waste identification can be costly, but for a surprising reason. The reader's first thought might be that improper identification is costly because regulators might discover that a company is not claiming its waste is hazardous. The following case study has an interesting twist, when one company learns that they are needlessly paying hazardous waste generation fees and disposal costs for wastes that are not hazardous. Case Study Improper Waste Identification Can be Costly An inspector visited a company that designed and produced specialty mechanical machine parts. When the inspector introduced himself and explained his purpose, the company representative was hesitant and uncooperative, asking if the inspector had a search warrant. After the inspector explained his regulatory authority, and that if he needed a warrant he could get one quickly, the facility representative consented to the inspection. The company had relied on a waste management broker/transporter firm to do their hazardous waste identifications, and some of the determinations were not correct. Several of the wastes that were identified by the broker as being hazardous wastes were, in fact, not hazardous wastes, and a few other wastes that were identified as nonhazardous wastes were actually hazardous wastes. Based on these erroneous determinations, the company listed itself as a Large Quantity Generator and was spending large amounts of money on generator annual reports, generator fees, and excess hazardous waste disposal costs, not to mention the extra time spent learning and complying with those rules. After analyzing the waste streams and interviewing the facility manager, the inspector informed the company that their generation rate made them only a Conditionally Exempt Small Quantity Generator, with greatly reduced regulatory and financial requirements. This correction to the waste determinations saved the company thousands of dollars per year. The inspector explained to the company representative that his company was ultimately responsible for making waste determinations, and that the waste broker/transporter that had given him incorrect information had no liability. When the inspector finished explaining the errors and the serious consequences of improper identification, he showed the facility representative how the incorrect waste determinations were costing him thousands of dollars every year, as the broker/transporter was charging his company hazardous waste prices for solid waste disposal. Because it was their first offense, the inspector issued the company a warning letter and gave them 30 days to correct the mistakes. The company immediately corrected the mistakes and fired their waste broker/transporter. The company representative was very grateful for the inspection, and called the inspector several times after that to make sure he properly identified new waste streams. He told the inspector that if he had known how easy it was to get assistance on complying with the hazardous waste rules, he would never have relied on the waste broker/transporter for his waste management advice. Regulatory offices take many anonymous calls from companies with hazardous waste questions, and are generally pleased when they are called. These offices give answers that help reduce violations and make the inspectors' jobs easier and more pleasant. In the next case study, we find out that companies are not legally obligated to notify anyone that they are going out of business, a problem that seems to occur with increasing frequency. Case Study Company Leaves Town Without Warning An inspector got an anonymous call on a Friday afternoon with the information that a large, local manufacturing company had just gone out of business. The management distributed paychecks that Friday, told all employees that the company was out of business, and told them not to bother showing up for work the following Monday. The inspector arrived at the site that Friday afternoon to find the factory doors closed and the parking lot empty. The security guard was there and allowed the inspector access after the inspector presented his credentials and explained the purpose of the visit. The owner had left the country with a large sum of money and was not expected back. The lower level managers had no idea the closing was going to happen, so there was little information about the status of the closing. The facility had been used for the manufacture of lawn mowers and snow blowers for over 50 years and there were numerous parts, partially and fully assembled lawn mowers and snow blowers, machinery for shaping and cutting metal, oils, paints, and offices, as can be seen in Figure 2.4. Figure 2.4: Company leaves town without warning. Discussion: Q: What kinds of hazardous wastes would be on site? A: The manufacturing area would contain: paints, paint thinners, gasoline, inks, cutting oils, fluorescent lamps, acids and bases. The offices would Q: A: contain used electronics, mercury containing equipment (thermostats and switches), fluorescent lamps, and inks. If the owner has left the country and there is no person financially responsible or accountable, what can be done? In this case, the outlook was bleak for environmental cleanup. There are no laws requiring businesses generating hazardous waste to have any financial surety or other mechanism if they decide to go out of business and abandon a site, provided the wastes are safely contained and there are no threats to the environment. Fortunately, in this case, the inspector discovered an oil spill from some open oil drums in the outdoor storage area of the facility. The inspector called in a petroleum spill, which alerted an emergency response. Under the authority of emergency response, the state was able to order an investigation, and the site was cleaned up by a company that had equipment stored on site. There is a gap in the law in most states allowing hazardous waste generators to walk away from a facility without notifying the regulatory agency that the facility is being abandoned together with its contents, including hazardous wastes that had been properly stored and contained on site. If the wastes were stored and labeled properly, no hazardous waste storage violations would occur for up to 90 days. This is a long-standing challenge for waste regulators across the nation and can be solved only by legislation, which thus far has not been introduced. In the next case study, we discover a businessman who simply refuses to acknowledge that he is generating hazardous waste. His insistence led to a host of problems for the business, the state regulatory agency, the local community, and, eventually, the federal government. Case Study Electroplater Who Claims He Has No Hazardous Waste Notes Many facilities have tried to be clever with the waste determinations, claiming there isn't really a waste because they still have use for it, or might have a use for it someday. In one such case, an inspector visited an electroplating company (see Figure 2.5) where the owner was already under investigation for other unrelated behavior. The inspector obtained a search warrant based on employee complaints about poor waste management practices and potential health and safety issues. Upon arrival, and after waiting for a uniformed officer to serve the search warrant, the inspector entered the facility and found two major issues: 1. Several hundred containers of electroplating chemicals were scattered throughout a very old and crumbling six story building. The owner insisted that none of the containers were waste. He claimed that they were still good plating solutions, and that they were being saved for later use. Upon testing the containers, it turned out that virtually all of the "good" plating solutions were actually spent to a point where they would be virtually useless in the future. The owner was accumulating these containers in order to avoid the cost of proper disposal. 2. The facility was still conducting electroplating, with numerous health and safety issues, including a "green fog" of fumes throughout the building from the plating operation. The workers complained of irritating fumes and respiratory problems. In addition, there was a large plating tank divided into two parts by one steel plate, a cyanide solution was contained on one side and an acid bath on the other. Any mixture of the two solutions would have caused a release of deadly cyanide gas. Figure 2.5: Electroplater who claimed to have no hazardous waste. The inspector immediately contacted the Occupational Safety and Health Administration (OSHA), who immediately shut down the facility due to the imminent hazard associated with the tank containing acid and cyanide. The owner claimed none of the containers contained waste. He stated that all of the containers contained valuable and useable plating solutions that he planned to use in the future. The sheer quantity of "product" was staggering, with hundreds of containers, some in very poor condition, scattered all over the sixstory building. To deal with the "product" that was actually waste, the federal government called the practice speculative accumulation and declared the entire property a hazardous waste cleanup site. The USEPA spent over $2 million securing the site and removing the containers. The building was demolished after the cleanup because it was deemed to be structurally unsound. The case studies above give a few examples of the issues associated with the identification of hazardous waste. The hazardous waste regulations can be interpreted in many different ways, and the safest determination is one agreed to by the USEPA and the home state regulatory agency staff. Any company that makes an independent waste identification or relies on a waste broker or vendor is taking a risk that may cause problems and possible additional costs. SUMMARY In this chapter, you learned the primary responsibilities of generators, and the categories of hazardous waste, discovered the relaxed standards for universal wastes, found out about mixed hazardous and radioactive wastes, and learned about special state hazardous wastes. You also learned why it's important to verify your waste determinations, and you read case studies depicting: that improper waste identification can be costly, a company that had left town without warning, an electroplater who claimed no hazardous waste. In the next chapter, you will learn more about U.S. hazardous waste management policy, see regulatory standards for categories of hazardous waste generators, hazardous waste transporters and treatment, storage and disposal facilities. You will also read case studies on sham recycling of waste tires, storage of incompatible materials, dangers of mixing incompatible wastes, universal waste confusion, a dry cleaner in New York City (local regulations supersede federal rules), and bulging drums in storage. REFERENCES [EPA 11b] EPA Wastes Where You Live, online at http://www.epa.gov/epawaste/wyl/index.htm, (accessed May, 2011). [EPA 11c] EPA Contact Us Page, online at http://www.epa.gov/epahome/comments.htm, (accessed May, 2011)