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Sessions |
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ENVIRONMENTAL POLICY AND LAW
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Return to Session 7: Waste Management
Solid Waste Disposal Act & the RCRA:
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Solid Waste Disposal/Resource Conservation
and Recovery Act and Major Amendments (42 U.S.C. 6901-6991k)Solid Waste Disposal Act Overview:
"In 1965 the Solid Waste Disposal Act [Public Law (Pub. L.) 89-72] was enacted to improve solid waste disposal methods. It was amended in 1970 by the Resource Recovery Act (Pub. L. 91-512), which provided the Environmental Protection Agency (EPA) with funding for resource recovery programs. However, that Act had little impact on the management and ultimate disposal of hazardous waste. In 1976 Congress enacted the Resource Conservation and Recovery Act (RCRA, Pub. L. 94-580). RCRA established a system for managing non-hazardous and hazardous solid wastes in an environmentally sound manner. Specifically, it provides for the management of hazardous wastes from the point of origin to the point of final disposal (i.e., "cradle to grave"). RCRA also promotes resource recovery and waste minimization."
"RCRA (pronounced "rick-rah") gave EPA the authority to control hazardous waste from the "cradle-to-grave." This includes the generation, transportation, treatment, storage, and disposal of hazardous waste. RCRA also set forth a framework for the management of non-hazardous wastes. The 1986 amendments to RCRA enabled EPA to address environmental problems that could result from underground tanks storing petroleum and other hazardous substances. RCRA focuses only on active and future facilities and does not address abandoned or historical sites (see CERCLA)."
The Hazardous and Solid Waste Amendments of 1984 (HSWA, Pub. L. 98-616) HSWA (pronounced "hiss-wa") — "are the 1984 amendments to RCRA that required phasing out land disposal of hazardous waste. Some of the other mandates of this strict law include increased enforcement authority for EPA, more stringent hazardous waste management standards, and a comprehensive underground storage tank program." both expanded the scope and increased the requirements of RCRA." HSWA addressed congressional concern about the adequacy of existing requirements to prevent uncontrolled releases of hazardous constituents or hazardous wastes from hazardous waste management units. Three of the HSWA initiatives were especially noteworthy in preventing or addressing hazardous waste/constituent releases.
First, Congress directed EPA to develop what is now known as the Land Disposal Restrictions (LDR) Program [Section 3004(d) of RCRA]. Under the LDR Program the land disposal of untreated wastes is prohibited. Generally speaking, the LDR Program consists of three elements: the disposal prohibition, the dilution prohibition, and the storage prohibition. The most prominent aspect of the LDR Program is the disposal prohibition, which includes treatment standards, variances, and notification requirements. The EPA must establish treatment standards for all listed and characteristic hazardous wastes destined for land disposal. Treatment standards are either concentration levels for hazardous constituents or treatment technologies that must be applied to the waste in order to substantially diminish the toxicity of wastes and/or reduce the likelihood that wastes will migrate from the disposal site. The regulatory requirements of the LDR Program can be found in 40 Code of Federal Regulations (CFR), 261 and 268.
Second, facilities were required to satisfy minimum technology requirements (i.e., liners and leachate collection systems) for surface impoundments, waste piles, land treatment units, and landfills (40 CFR) 264/265, Subparts K-N) to prevent hazardous wastes and/or constituents from migrating into the groundwater and to allow releases to be detected when they occur [Section 3004(o)].
Third, when a facility seeks a RCRA permit, EPA was granted the authority to require corrective action for releases of hazardous waste and hazardous constituents from any solid waste management unit, regardless of when the waste was placed in the unit [Sections 3004(u) and 3004(v)]."
"The Medical Waste Tracking Act of 1988 (Pub. L. 100-582) amended RCRA in response to public concern over the degradation of shoreline areas, particularly in Connecticut, New Jersey, and New York, due to the washups of medical debris (e.g., needles, syringes, blood bags, bandages, vials). Among other things, this Act required EPA to establish a two-year demonstration program for tracking medical wastes generated in specified states. On March 24, 1989, EPA issued an interim final rule entitled Standards for the Tracking and Management of Medical Waste [54 Federal Register (FR) 12326]. "
"The Federal Facility Compliance Act (FFCAct, Pub. L. 102-386) was enacted on October 6, 1992, and, among other things, specifically waived sovereign immunity with respect to RCRA for federal facilities. Therefore, EPA may impose fines and penalties on federal agencies. Please click here to see a brief summary of the FFC Act. On March 26, 1996, RCRA was amended by the Land Disposal Program Flexibility Act of 1996 (Pub. L. 104-119). "
Solid Waste & Strategic Behavior:
American Mining Congress v. U.S. EPA, 824 F.2d 1177, 1183 (D.C. Cir. 1987) (American Mining I) In this important case AMC argued that its manufacturing wastes should be exempted from the designation of "solid waste" since such "wastes" were to be re-used (recycled) again in the manufacturing process - i.e. the wastes were not being discarded. The D.C. Court of Appeals agreed with AMC, ruling that such wastes could not be considered "solid wastes" under RCRA when they would be later used in the manufacturing process. Dissenters on the court were primarily concerned with the potential of manufacturing wastes (regardless of whether they are discarded or re-used) to cause environmental harm.
American Mining Congress v. EPA, 907 F.2d 1179, 1186 (D.C. Cir. 1990) (American Mining II) The issue of "potential environmental harm" represented by the dissenting judges in AMC1 were addressed in AMC2. This case involved the classification sludge held in a retaining pond under RCRA. Again, AMC argued that the sludge should not be considered solid waste since it was destined for potential re-use - this despite the issue of the sludge's potential leaching from the pond into nearby aquifers and streams. Recognizing the potential for environmental harm of the sludge, the court narrowed the ruling in AMC1 to only allow for wastes that are safely stored for immediate re-use ((within 90 days) to be exempted from RCRA's definition of solid waste.
American Petroleum Institute v. EPA (a.k.a. API) This 2000 case revolved around the claims by API that certain wastes produced as by-products of the refining process should not be treated as "solid wastes" under the RCRA when such wastes were brought to a reclamation facility to be recycled. This case was heard before the First Circuit Court of Appeals in Washington, D.C. where the majority of the petition from API was dismissed on the basis of the court's belief that it lacks jurisdiction in this matter. However, the court even further distanced itself from the AMC1 ruling by redefine the term "discarded waste" as involving materials that were "disposed of, abandoned or thrown away," such that wastes that were destined for an AMC "reclamation" facility were considered to already be "solid waste" since they had already entered the waste disposal system (i.e. what to do with the waste). This decision completely turned around AMC1 such that hazardous materials cannot "re-identify" themselves as somehow non-hazardous just because they have entered a waste reclamation facility.
Undaunted by this decision, API continues to pursue changes in RCRA's definition of solid waste, as exemplified in their 2003 memo to the White House. In that memo, API representatives called for the fundamental reform of RCRA as it relates to "residuals" from manufacturing that are to reclaimed or recycled since such materials are neither "disposed of, abandoned nor thrown away." They also ask that spent hydrotreating and hydrorefining catalysts also be excluded from RCRA since they are recyclable and their designation as hazardous wastes have increased the costs associated with their transportation. API argues that these catalysts should only be defined as hazardous wastes whenever they are handled in such a fashion as to violate EPA's "acceptable risk threshold." API also calls for (1) increased flexabilty and the elimination of redundant regulations in regard to EPA's determination of what constitutes "widespread use" of onboard refueling vapor recovery (ORVR) [this deals with the reduction of volatile organic compound vapor releases (VOCs) at filling stations where cars and trucks are fueled], and (2) the reduction of paperwork in regard to the Toxic Chemical Release Inventory (TCRI) reporting.
Categories of Solid Hazardous Waste: (Solid Waste & Hazardous Solid Waste):
"The statutory definition of a solid waste is completely irrespective of the physical form of the waste. A "solid" waste can be just as easily liquid or gas. A material is considered a solid waste if it:
Is a solid, semi-solid, liquid, or contained gaseous material which is discarded or has served its intended purpose?
Is abandoned?
Is being recycled by being placed on the ground (and that is not the normal use), burned for energy recovery, reclaimed, or accumulated more than one year.
Is inherently waste-like (e.g., dioxin wastes)?"
"After you have determined that you have a solid waste on hand, the next step is to determine if that solid waste is excluded from RCRA regulation.
EPA grants specific exclusions from some hazardous waste regulations if certain conditions are met. Some materials are excluded from the definition of solid waste, while some solid wastes are excluded from the definition of hazardous waste. Knowing these exclusions can be helpful in waste management programs.
Some materials that are excluded from the definition of solid waste (and therefore are NOT hazardous) include:
Domestic sewage
Industrial wastewater discharges
Radioactive waste
Spent wood preserving solutions that are reclaimed and reused in the wood preserving process
Processed scrap metal
Irrigation return flow
In situ mining waste
Secondary materials that are reclaimed and returned to the original process, if the reclamation and return process is totally enclosed.
These wastes are not hazardous because they are not considered solid waste.
Some solid wastes are excluded from the definition of hazardous wastes:
Household waste (pesticides, cleaners)
Some agricultural wastes that are returned to the soils as fertilizers
Fossil fuel combustion wastes
Cement kiln dust (unless the facility burns hazardous waste as fuel)
Arsenic-treated wood wastes generated from a person using wood for its intended purpose
Petroleum-contaminated media that is subject to the UST corrective action program
Used oil filters that have been hot drained
Used chlorofluorocarbon refrigerants that are being reclaimed for further use.
These solid wastes are excluded from the definition of hazardous waste by EPA.
In addition, some recycled materials are not classified as solid waste. Materials are not solid wastes IF:
They are being used as substitutes for commercial products
Returned back to the original process without first being reclaimed or land disposed.
This exemption is not valid if the materials are burned for energy recovery or used to make a product that will be applied to the land.
Samples collected for lab analysis are exempt from RCRA regulation until it is determined that they are to be disposed of.
Used oil that exhibits hazardous characteristics can be excluded if recycled. It is regulated under Standards for the Management of Used Oil (40 CFR Part 279).
Universal wastes (including batteries, pesticides, mercury-containing thermostats, switches, and thermometers, and electric lamps) may also qualify for reduced regulation.
The list above is NOT comprehensive. If your waste is not on the list above, it may still be excluded from RCRA regulation. See 40 CFR 261.4 for a complete list of those wastes exempt from hazardous waste regulation. Furthermore, if your waste IS listed above, that does not mean you are automatically exempt. Each exemption above is conditional and facility managers should review applicable sections of 40 CFR 261 and contact their State's hazardous waste program for clarification on exemptions."
"EPA "lists" hazardous wastes that fall into four categories;
F-listed wastes: The F list includes wastes from common industrial processes. Because they are not specific to one type of industry, they are called wastes from non-specific sources. This list includes for example many types of spent (or used) solvents. See 40 CFR 261.31 to see if your waste is F-listed.
K-listed wastes: The K list includes wastes from specific industrial processes, such as wood preservation, organic chemical production, and pesticide manufacturing. See 40 CFR 261.32 for the complete list of manufacturing process wastes to see if your facility might have a K-listed waste.
P- and U-listed wastes: These two lists designate certain commercial chemical products as hazardous when disposed of unused. These unused chemicals may become wastes in a number of ways. Some can be spilled while in use while others can be intentionally discarded if out of specification. For a waste to qualify as a P- or U-listed waste, it must meet all three of the following criteria:
The formulation must contain at least one chemical on the P or U list
The chemical in the waste must be unused
The chemical in the waste must be in the form of a CCP.
(*A CCP is a chemical that is of technical (commercial) grade, 100% pure, and the only active ingredient in the formulation.)
There are hundreds of P- and U-listed wastes. Facility managers should look in 40CFR 261.33 to see if chemicals present on-site are hazardous if disposed of unused. Please note that the chemicals with "P" are acutely hazardous. Generators with acutely hazardous waste are subject to different accumulation limits for those wastes."
If your waste is not listed in 40 CFR Part 261, it may still be a hazardous waste. The next step is to see if your waste is a characteristic hazardous waste.
Solid wastes that are not directly listed in 40 CFR Part 261 may still be hazardous. EPA uses a classification system based on the four properties of solid wastes. If a material exhibits at least one of these characteristics, it is classified as a hazardous waste. The four properties are:
IGNITABILITY
A substance is ignitable if it displays any of the following properties.
A liquid with a flashpoint of less than 60° C (140° F);
A non-liquid that is capable, under standard temperature and pressure, of causing fire through friction, absorbtion of moisture, or spontaneous chemical changes, and when ignited, burns so vigorously and persistently that it creates a hazard;
An ignitable compressed gas;
An oxidizer (such as a chlorate or peroxide).
Details on the ignitability characteristic are included in 40 CFR 261.21.
CORROSIVITY
A substance is corrosive if it displays any of the following properties:
An aqueous material with a pH less than or equal to 2 or greater than or equal to 12.5;
A liquid that corrodes steel at a rate of at least 0.25 inches per year at 55° C (130° F); NOTE: A waste that is not aqueous and contains no liquid falls outside the definition of EPA corrosivity.
Details on the corrosivity characteristic are included in 40 CFR 261.22.
REACTIVITY
A substance is reactive if it displays any of the following properties.
Normally unstable and readily undergoes violent change without detonating;
Reacts violently with water;
Forms potentially explosive mixtures with water;
A cyanide or sulfide bearing waste which can generate fumes in a quantity sufficient to present a danger to human health.
Capable of detonation
A forbidden explosive, or a Class A or Class B explosive, as defined in Department of Transportation regulations in 49 CFR Part 173.
Details on the reactivity characteristic are included in 40 CFR 261.23.
TOXICITY
A substance is toxic if it exceeds the concentrations for contaminants listed in the "Maximum Concentration of Contaminants for the Toxicity Characteristic" table, presented in 40 CFR 261.24. A specific test, the Toxicity Characteristic Leaching Procedure (TCLP) must be conducted to determine if the waste is classified as toxic. Details on the toxicity characteristic are included in 40 CFR 261.24.EPA designates specific, standardized test methods that are to be used when determining the characteristics of a waste. These techniques are listed in the above mentioned sections.
"The "Mixture Rule" states that mixtures of solid waste and listed hazardous waste must be regulated as hazardous waste. There are two ways to determine if a material is regulated under the mixture rule:
If the material is a mixture of a solid waste and a hazardous waste, and the mixture exhibits one or more of the characteristics of hazardous waste;
If the material is a mixture of a solid waste and a listed waste. The mixture rule is intended to discourage generators from mixing wastestreams. More information can be reviewed at 40 CFR 261.3(a)(iii) and (iv)."
"Hazardous waste treatment, storage, and disposal processes often generate residues that may contain high concentrations of hazardous constituents. The derived-from rule governs the regulatory status of such waste residues.
According to the Rule, any solid waste derived from the treatment, storage, or disposal of a hazardous waste is considered hazardous. "Derived from" wastes include sludges, spill residue, ash, emission control dust, and leachate. Some examples are drums that have been used for storage of a hazardous waste, or ash from the incineration of hazardous waste. This principle applies regardless of the actual risk to human or environmental health. More details about the "derived-from" rule and exemptions to the rule are included in 40 CFR Part 261.3 (c) and (d)."
"The "contained-in" policy dates back to a 1986 memorandum which states that although groundwater is not a solid waste, it can be considered a hazardous waste if it "contains" a hazardous waste. This policy was then applied to soil and debris."
Transporters, Generators, & Treatment, Storage and Disposal Facilities (TSDs)
The Hazardous and Solid Waste Amendments (HSWA) of 1984 and RCRA.
While "the Resource Conservation and Recovery Act (RCRA, Pub. L. 94-580) established a system for managing non-hazardous and hazardous solid wastes in an environmentally sound manner. Specifically, it provides for the management of hazardous wastes from the point of origin to the point of final disposal (i.e., "cradle to grave"), and promotes resource recovery and waste minimization.
The Hazardous and Solid Waste Amendments of 1984 (HSWA, Pub. L. 98-616) both expanded the scope and increased the requirements of RCRA. HSWA addressed congressional concern about the adequacy of existing requirements to prevent uncontrolled releases of hazardous constituents or hazardous wastes from hazardous waste management units. Three of the HSWA initiatives were especially noteworthy in preventing or addressing hazardous waste/constituent releases.
First, Congress directed EPA to develop what is now known as the Land Disposal Restrictions (LDR) Program [Section 3004(d) of RCRA]. Under the LDR Program the land disposal of untreated wastes is prohibited. Generally speaking, the LDR Program consists of three elements: the disposal prohibition, the dilution prohibition, and the storage prohibition. The most prominent aspect of the LDR Program is the disposal prohibition, which includes treatment standards, variances, and notification requirements. The EPA must establish treatment standards for all listed and characteristic hazardous wastes destined for land disposal. Treatment standards are either concentration levels for hazardous constituents or treatment technologies that must be applied to the waste in order to substantially diminish the toxicity of wastes and/or reduce the likelihood that wastes will migrate from the disposal site. The regulatory requirements of the LDR Program can be found in 40 Code of Federal Regulations (CFR), 261 and 268.
Second, facilities were required to satisfy minimum technology requirements (i.e., liners and leachate collection systems) for surface impoundments, waste piles, land treatment units, and landfills (40 CFR) 264/265, Subparts K-N) to prevent hazardous wastes and/or constituents from migrating into the groundwater and to allow releases to be detected when they occur [Section 3004(o)].
Third, when a facility seeks a RCRA permit, EPA was granted the authority to require corrective action for releases of hazardous waste and hazardous constituents from any solid waste management unit, regardless of when the waste was placed in the unit [Sections 3004(u) and 3004(v)]."
According to the EPA (based upon RCRA) a waste generator is "any person, by site, whose act or process produces hazardous waste identified or listed in part 261, or whose act first causes a hazardous waste to become subject to regulation."
These are facilities that lie between the waste generator and the waste treatment and disposal facility (TSD) where wastes are consolidated, sorted, and then shipped out in larger transportation vehicles.
According to EPA "Hazardous waste transporters are individuals or entities that move hazardous waste from one site to another by highway, rail, water, or air. This includes transporting hazardous waste from a generator's site to a facility that can recycle, treat, store, or dispose of the waste. It can also include transporting treated hazardous waste to a site for further treatment or disposal.
Requirements for transporters include :
- Obtaining an EPA Identification number (available from your state environmental office).
Complying with the manifest system.
Responding appropriately to hazardous waste discharges.
Complying with all applicable DOT regulations and DOT's hazardous materials safety Web site
Note that some states may have additional requirements for transporters. "
"The Hazardous Waste Manifest System used by waste transporters is a set of forms, reports, and procedures designed to seamlessly track hazardous waste from the time it leaves the generator facility where it was produced, until it reaches the off-site waste management facility that will store, treat, or dispose of the hazardous waste. The system allows the waste generator to verify that its waste has been properly delivered, and that no waste has been lost or unaccounted for in the process."
"The key component of this system is the Uniform Hazardous Waste Manifest which is a form prepared by all generators who transport, or offer for transport, hazardous waste for off-site treatment, recycling, storage, or disposal. Currently, the manifest is a paper document containing multiple copies of a single form. When completed, it contains information on the type and quantity of the waste being transported, instructions for handling the waste, and signature lines for all parties involved in the disposal process. The manifest is required by both Department of Transportation and EPA. Each party that handles the waste signs the manifest and retains a copy for themselves. This ensures critical accountability in the transportation and disposal processes. Once the waste reaches its destination, the receiving facility returns a signed copy of the manifest to the generator, confirming that the waste has been received by the designated facility."EPA provides a training module for solid waste transporters which can be accessed online.
Treatment, Storage and Disposal Facilities (TSDs)
Treatment: "Treatment is any process that changes the physical, chemical, or biological character of a waste to make it less of an environmental threat. Treatment can neutralize the waste; recover energy or material resources from a waste; render the waste less hazardous; or make the waste safer to transport, store, or dispose.
Hazardous waste generally must be treated before it can be disposed. The treatment standards for each specific hazardous waste (by hazardous waste code) are outlined in 40 CFR §268.40.
Detailed descriptions of the appropriate treatment technologies are outlined in 40 CFR §268.42 Table 1, "Technology Codes and Description of Technology-Based Standards". One common method of treatment is hazardous waste combustion or incineration. Combustion or incineration is used to destroy hazardous organic constituents and reduce the volume of waste. Depending upon the type of waste and its constituents, residual ash may in some cases be landfilled or may require further treatment."
The Land Ban and Regulatory Hammers
"Modern landfills are well-engineered facilities that are located, designed, operated, and monitored to ensure compliance with federal regulations. Solid waste landfills must be designed to protect the environment from contaminants which may be present in the solid waste stream. The landfill siting plan—which prevents the siting of landfills in environmentally-sensitive areas—as well as on-site environmental monitoring systems—which monitor for any sign of groundwater contamination and for landfill gas—provide additional safeguards. In addition, many new landfills collect potentially harmful landfill gas emissions and convert the gas into energy. For more information, visit EPA's Landfill Methane Outreach Program.
There are several types of solid waste landfills:
Municipal Solid Waste Landfills
Municipal solid waste landfills (MFWLFs) receive household waste. MSWLFs can also receive non-hazardous sludge, industrial solid waste, and construction and demolition debris. All MSWLFs must comply with the federal regulations in 40 CFR Part 258 (Subtitle D of RCRA), or equivalent state regulations. Federal MSWLF standards include:
Location restrictions—ensure that landfills are built in suitable geological areas away from faults, wetlands, flood plains, or other restricted areas.
Composite liners requirements—include a flexible membrane (geomembrane) overlaying two feet of compacted clay soil lining the bottom and sides of the landfill, protect groundwater and the underlying soil from leachate releases.
Leachate collection and removal systems—sit on top of the composite liner and removes leachate from the landfill for treatment and disposal.
Operating practices—include compacting and covering waste frequently with several inches of soil help reduce odor; control litter, insects, and rodents; and protect public health.
Groundwater monitoring requirements—requires testing groundwater wells to determine whether waste materials have escaped from the landfill.
Closure and postclosure care requirements—include covering landfills and providing long-term care of closed landfills.
Corrective action provisions—control and clean up landfill releases and achieves groundwater protection standards.
Financial assurance—provides funding for environmental protection during and after landfill closure (i.e., closure and postclosure care).
Some materials may be banned from disposal in municipal solid waste landfills including common household items such as paints, cleaners/chemicals, motor oil, batteries, and pesticides. Leftover portions of these products are called household hazardous waste. These products, if mishandled, can be dangerous to your health and the environment. Many municipal landfills have a household hazardous waste drop-off station for these materials.
More information on municipal solid waste landfills:
Bioreactor Landfills
Bioreactors are municipal solid waste landfills that are designed to quickly transform and degrade organic waste. The increase in waste degradation and stabilization is accomplished through the addition of liquid and, in some cases, air to enhance microbial processes. Bioreactors are a new approach to landfill design and operation that differ from the traditional "dry tomb" municipal landfill approach.
Construction and Demolition (C&D) Debris Landfills
These landfills accept only C&D debris such as concrete, asphalt, brick, wood, drywall, asphalt roofing shingles, metals, and some types of plastics generated during the construction and demolition of homes, commercial buildings, and other structures. C&D landfills are subject to less stringent standards than municipal solid waste landfills due to the relatively inert nature of C&D debris materials.
Industrial Waste Landfills
These landfills are designed for the management of non-hazardous industrial process wastes. Industrial waste consists of a wide variety of non-hazardous materials that result from the production of various goods and products. Industrial waste landfills are subject to the federal requirements in 40 CFR Part 257, Subparts A and B, as well as any state-specific regulations."
Protecting Groundwater from Landfill Waste
Despite the best efforts of regulation to protect groundwater from landfill pollution, there is always the possibility that such pollution can occur. For instance, in landfills with plastic linings, leakage can occur from point sources (holes and tears n the liner) which will produce leachate-contaminated groundwater plumes that may not be detected by groundwater monitors that are sunk vertically into the soil. According to engineer Dr. G. Fred Lee of G. Fred Lee and Associates of San Macero California:
"Hazardous waste and municipal solid waste dry-tomb landfills represent an ongoing threat to groundwater quality. Because the plastic sheeting used in the composite liners in Subtitle C and D landfills will eventually deteriorate, and because there is virtually no possibility that landfill covers of the type being constructed today will keep moisture out of the landfill for as long as the wastes represent a threat--that is, forever--it is inevitable that leachate will migrate through the liner to pollute the underlying groundwater.
At best, groundwater monitoring detects leachate pollution after the fact. In areas where groundwater could be used for domestic or any other purposes, the presence of Subtitle C and D landfills represents a continuing threat unless an approach is implemented and maintained to provide appropriate intervention before leachate can reach the groundwater. Thus, instead of relying on groundwater monitoring to detect liner failure, we suggest the practice of direct monitoring for failure of the uppermost composite liner in a Subtitle C landfill or the composite liner in a Subtitle D landfill.
We propose (2) the use of a pan lysimeter monitoring system that would underlie the full landfill area. This approach would include a double-composite liner system in which the lower composite liner would be used for leak detection. Such a system would reveal when leachate has leaked through the upper composite liner to a sufficient extent to pollute the groundwater under the landfill and render it unusable for domestic water supply purposes. Although Subtitle C landfills (and, in a number of states, Subtitle D landfills) incorporate double composite liner systems, the lower liner is simply relied upon as an additional barrier to leachate migration. In our system, however, the function of the lower liner is not the last level of containment but rather the first line of leak detection."
Overall, Dr. Lee cites a number of common problems with landfills to include those highlighted in Table 1:
Hazardous Waste Treatment Council v EPA: Here is the introductory statement to this case when it appeared before the U.S. Supreme Court in October, 1988:
"This case involves challenges by petitioner, an industry trade association, to three regulatory actions taken by the Administrator of the United States Environmental Protection Agency (EPA), pursuant to the Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C. 6901 et seq.
The first EPA action, which was the subject of the first opinion below, was the promulgation of final regulations establishing standards under Section 3004(q) of RCRA, 42 U.S.C. 6924(q), for used oil that is burned for energy recovery. The court of appeals dismissed part of petitioner's challenge to those regulations for lack of standing and upheld the rule in all other respects. Pet. App. 1a-27a.
The other two EPA actions are the subject of the second opinion below. EPA published a notice establishing the deadline for certain cement kilns burning hazardous waste fuel (HWF) to submit permit applications under Section 3005 of RCRA, 42 U.S.C. 6925 (1982 & Supp. IV 1986. EPA also promulgated final regulations establishing standards for the permitting of "miscellaneous units" under RCRA. The court of appeals dismissed petitioner's challenges to both of those EPA actions because petitioner lacked standing. Pet. App. 30a-40a. In both of its opinions, the court of appeals determined that petitioner's interests in the lawsuits were not within the "zone of interests" protected or regulated under RCRA."Here are the findings of the Court of Appeals in this case:
"(1) organization had standing insofar as it represented members on whom regulatory laxity might inflict environmental injury;
(2) appellate jurisdiction did not exist over claim that promulgated rules failed to include necessary requirements because EPA had not fully implemented statutory goal;
(3) rules for regulated used oil could be less stringent than rules applicable to other hazardous waste;
(4) mixture of used oil with hazardous waste from small quantity generator could be treated as regulated used oil, rather than hazardous used oil; and
(5) rule permitting dilution of off-specification used oil with virgin oil in order to meet specifications reflected permissible construction of waste disposal law. [The Court of Appeals] Dismissed in part; all other respects denied."
From this court ruling came a new approach to managing the problem of used oil. According to the EPA's Used Oil Management Program:
"Used oil is any oil that has been refined from crude oil or any synthetic oil that has been used and as a result of such use is contaminated by physical or chemical impurities. Simply put, used oil is exactly what its name implies--any petroleum-based or synthetic oil that has been used. During normal use, impurities such as dirt, metal scrapings, water, or chemicals can get mixed in with the oil, so that in time the oil no longer performs well. Eventually, this used oil must be replaced with virgin or re-refined oil to do the job at hand EPA's used oil management standards include a three-pronged approach to determine if a substance meets the definition of used oil. To meet EPA's definition of used oil, a substance must meet each of the following three criteria:
Origin — the first criterion for identifying used oil is based on the origin of the oil. Used oil must have been refined from crude oil or made from synthetic materials. Animal and vegetable oils are excluded from EPA's definition of used oil.
Use — the second criterion is based on whether and how the oil is used. Oils used as lubricants, hydraulic luids, heat transfer fluids, buoyants, and for other similar purposes are considered used oil. Unused oil such as bottom clean-out waste from virgin fuel oil storage tanks or virgin fuel oil recovered from a spill, do not meet EPA's definition of used oil because these oils have never been "used." EPA's definition also excludes products used as cleaning agents or solely for their solvent properties, as well as certain petroleum-derived products like antifreeze and kerosene.
Contaminants — the third criterion is based on whether or not the oil is contaminated with either physical or chemical impurities. In other words, to meet EPA's definition, used oil must become contaminated as a result of being used. This aspect of EPA's definition includes residues and contaminants generated from handling, storing, and processing used oil. Physical contaminants could include metal shavings, sawdust, or dirt. Chemical contaminants could include solvents, halogens, or saltwater. "
Used Oil Is: *
Used Oil Is Not:
- Synthetic oil — usually derived from coal, shale, or polymer-based starting material.
- Engine oil — typically includes gasoline and diesel engine crankcase oils and piston-engine oils for automobiles, trucks, boats, airplanes, locomotives, and heavy equipment.
- Transmission fluid.
- Refrigeration oil.
- Compressor oils.
- Metalworking fluids and oils.
- Laminating oils.
- Industrial hydraulic fluid.
- Copper and aluminum wire drawing solution.
- Electrical insulating oil.
- Industrial process oils.
- Oils used as buoyants.
*This list does not include all types of used oil.
- Waste oil that is bottom clean-out waste from virgin fuel storage tanks, virgin fuel oil spill cleanups, or other oil wastes that have not actually been used.
- Products such as antifreeze and kerosene.
- Vegetable and animal oil, even when used as a lubricant.
- Petroleum distillates used as solvents.
Oils that do not meet EPA's definition of used oil can still pose a threat to the environment when disposed of and could be subject to the RCRA regulations for hazardous waste management.
Once oil has been used, it can be collected, recycled, and used over and over again. An estimated 380 million gallons of used oil are recycled each year. Recycled used oil can sometimes be used again for the same job or can take on a completely different task. For example, used motor oil can be re-refined and sold at the store as motor oil or processed for furnace fuel oil. Aluminum rolling oils also can be filtered on site and used over again.
Used oil can be recycled in the following ways:
Reconditioned on site, which involves removing impurities from the used oil and using it again. While this form of recycling might not restore the oil to its original condition, it does prolong its life.
Inserted into a petroleum refinery, which involves introducing used oil as a feedstock into either the front end of the process or the coker to produce gasoline and coke.
Re-refined, which involves treating used oil to remove impurities so that it can be used as a base stock for new lubricating oil. Re-refining prolongs the life of the oil resource indefinitely. This form of recycling is the preferred option because it closes the recycling loop by reusing the oil to make the same product that it was when it started out, and therefore uses less energy and less virgin oil.
Processed and burned for energy recovery, which involves removing water and particulates so that used oil can be burned as fuel to generate heat or to power industrial operations. This form of recycling is not as preferable as methods that reuse the material because it only enables the oil to be reused once. Nonetheless, valuable energy is provided (about the same as provided by normal heating oil)."
" EPA distinguishes between used oil and waste oil. For example, bottom waste generated from an oil storage tank cleanout or virgin oil spill residue may be contaminated with impurities, but because they have never been used, they do not meet the definition of used oil. Two other distinctions regarding used oil that you may encounter at your campus' printing operations include mixtures of used oil with hazardous wastes, and solid wastes, both of which are further described below. Many states also have their own used oil regulations.
Used Oil and Hazardous Waste Mixtures
If the hazardous waste is listed, then the mixture of used oil and hazardous waste must be managed according to the hazardous waste rules. If the hazardous waste is characteristically hazardous, then two possibilities exist for managing the mixture of used oil and characteristically hazardous waste:
If the hazardous waste is hazardous solely because it is ignitable and the resulting mixture is not ignitable, then the mixture can be managed as used oil. For example, used oil displaying toxicity characteristic for lead is mixed with an ignitable hazardous waste. Providing the mixture is no longer ignitable, this mixture may be managed as used oil. If the mixture is ignitable, then it must be managed as a hazardous waste and not as used oil.
If the hazardous waste exhibits one or more characteristics of hazardous waste other than ignitability, the resultant mixture must not display any characteristics if it is going to be managed as used oil. For example, used oil displaying toxicity characteristic for lead is mixed with a hazardous waste that is characteristically reactive. In order for this mixture to be managed as used oil, it must be void of both the lead characteristic and the reactive characteristic.
Used Oil and Solid Waste Mixtures
Used oil mixed with solid waste or material contaminated with or containing used oil is regulated under the RCRA used oil regulation in 40 CFR 279. If the used oil has been properly drained or removed from the mixture; that is, there are no visible signs of free-flowing oil, then in almost all cases the solid waste is no longer subject to regulation as used oil. If, however, the solid waste is burned for energy recovery, then it is still subject to regulation as used oil. The drained used oil, of course, is regulated by 40 CFR 279.
Used Oil Containing PCBs
Used oil containing less than 50 ppm of PCBs is subject to 40 CFR 279 provided that no dilution has occurred. Used oil with greater than or equal to 50 ppm is regulated under TSCA, 40 CFR 761.
Conditional Exemptions
While several types of exemptions from the used oil regulations exist (such as distillation and tank bottoms used for asphalt paving and roofing, crude oil pipelines, petroleum refineries) - they key exemption potentially applicable to a printing operation is the exemption for wastewater. Basically, any small spills, leaks, or drippings from machinery, pumps, and other similar equipment during normal operations that enter the wastewater treatment system during washing or draining are exempt from used oil management regulations; rather, they are regulated by the Clean Water Act. Used oil that might be recovered from wastewater, however, must be managed according to the used oil requirements in 40 CFR 279.
Used Oil Storage
The RCRA requirements for storing used oil are straightforward, "borrowing" some requirements from the RCRA hazardous waste rules for container management. In short, the requirements for storing used oil are as follows:
The used oil must be stored in tanks, containers or units subject to regulation under 40 CFR 264, 265, or 280. These may include aboveground tanks, underground tanks (USTs), or lined surface impoundments.
Tanks or containers must be in good condition; meaning, free of any visible spills, leaks, structural damage or deterioration.
Tanks, containers and fill pipes used to transfer used oil into USTs must be clearly labeled as "Used Oil," to prevent inadvertent mixing of used oil with hazardous waste or other materials.
There is no time or quantity limitation imposed on generators of used oil because, given that used oil is a marketable commodity, EPA is trying to provide an incentive for generators to send used oil out for recycling. If your printing operations generate used oil that is sent off-site for recovery, the transporter used to transport the used oil must have an EPA identification number.
Used Oil Disposal
Options for used oil disposition include: sending the used oil off-site to a facility authorized to process or re-refine the used oil; burning used oil as a fuel; marketing the used oil. Each is described below.
Sending Used Oil Off-Site
In most cases, a generator of used oil sends the used oil off-site to a facility permitted to handle the used oil (much like a hazardous waste treatment, storage and disposal facility (TSDF)). The generator must make sure the used oil is transported using a transporter that has an EPA identification number.
Burning Used Oil as a Fuel
Used oil that meets the specification criteria in 40 CFR 279.11 is not regulated by the burner standards in 40 CFR 279. Off-specification used oil can be burned for energy recovery in only the following three devices: industrial furnaces (only 12 specific furnaces that are listed in 40 CFR 260.10), boilers that meet the criteria listed in 40 CFR 260.10, and permitted hazardous waste incinerators.
Marketing the Used Oil
A used oil marketer is defined by EPA as one who either (1) directs a shipment of off-specification used oil from their facility to a used oil burner; or (2) first claims that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in 40 CFR 279.11. In essence, then, there are off-specification used oil marketers and specification (or on-specification) used oil marketers and the requirements for the two vary.
If a used oil marketer has not already done so, it must obtain an EPA identification number by notifying the EPA of its used oil activity in a written letter that includes the marketer's name, the owner of the marketer, address of the marketer, name and phone number for a point of contact, and the type of used oil activity.
Off-specification used oil may only be shipped to a used oil burner who has an EPA identification number and who burns the used oil in approved industrial furnaces or boilers. The marketer of off-specification used oil must keep a record (e.g., log, invoice, manifest, bill of lading, etc.) of each shipment of used oil to a used oil burner that identifies the following:
Name and address of transporter delivering the used oil to the burner
Name and address of the burner who will receive the used oil
EPA identification numbers of both the transporter and the burner
Quantity of used oil shipped
Date of shipment
On-specification used oil may be shipped to a regulated used oil burner, as well - providing the oil has been analyzed to demonstrate it's "on specification." The marketer of specification used oil must keep a record of each shipment of used oil to an on-specification used oil burner that identifies the following:
Name and address of the facility receiving the used oil
Quantity of used oil shipped
Date of shipment
Cross-reference to the record of used oil analysis or other information used to make the determination that the oil meets the specification."
On- and Off-Specification Used Oil:
"On-specification Used Oil. On-specification used oil is oil that falls within the following levels for each of the following constituents:
Constituent/Property:
Allowable Level
Arsenic:
5 ppm maximum
Cadmium:
2 ppm maximum
Chromium:
10 ppm maximum
Lead:
100 ppm maximum
Flash Point:
100 deg. F minimum
Total Halogens:
1,000 ppm maximum *
*The specification limit for total halogens is 4,000 ppm, but if oil is contaminated with 1,000 ppm or more halogens it is presumed to be mixed with a hazardous waste until testing proves otherwise. Often times it is simply saltwater that makes the halogen level high. Demonstrating that the halogens are inorganic instead of organic is one legitimate way to rebut the presumption and classify the used oil as on-specification.
Burners of on-specification used oil must comply with the following notification, analysis, and recordkeeping requirements.
Obtain an EPA ID number;
Perform an analysis of the used oil to ensure it is on- specification; and
Record each shipment of on-specification used oil delivered to a burner.
Off-Specification Used Oil. Off-specification used oil is oil that exceeds the specifications shown in the table. Used oil is assumed to be off-specification unless testing proves otherwise. Off-specification used oil may be burned only for energy recovery in boilers and industrial furnaces. Burners of off-specification used oil must comply with the following standards:
Obtain an EPA identification number to burn off-specification used oil;
Process and store used oil in areas with oil-impervious flooring and secondary containment;
Issue a onetime written notice to the generator, transporter, or processor/re-refiner certifying that the burner has notified EPA of its used oil management activities; and,
Record each shipment of used oil accepted for burning."
Besides the types of wastes, how do the RCRA Subtitle C and Subtitle D programs differ? Under the RCRA hazardous waste regulations, Subtitle C, EPA has primary responsibility for the permitting of hazardous waste treatment, storage, and disposal facilities. This is until EPA authorizes a State to operate portions or all of the hazardous waste program in lieu of EPA operating the program. In contrast, Congress intended via RCRA Subtitle D that permitting and monitoring of municipal and non-hazardous waste landfills shall be a State responsibility. RCRA does not authorize EPA to issue Federal permits for disposal of Subtitle D wastes. Information on the permitting process and on individual landfills must be obtained by contacting the state agencies (and in some states the local health departments) and the local municipality, in Alaska, Idaho, Oregon, or Washington."
"Subtitle C establishes a federal program to manage hazardous wastes from cradle to grave. The objective of the Subtitle C program is to ensure that hazardous waste is handled in a manner that protects human health and the environment. To this end, there are Subtitle C regulations for the generation; transportation; and treatment, storage or disposal of hazardous wastes. In practical terms, this means regulating a large number of hazardous waste handlers. The RCRA Subtitle C program also:
Conducts compliance evaluation inspections to ensure that hazardous waste is managed in accordance with law, regulations, and safe handling practices.
Works with state agencies and the Department of Justice on civil and criminal enforcement of hazardous waste laws where violations are observed.
Helps state and local agencies develop and administer hazardous waste management programs.
The Subtitle C program has resulted in perhaps the most comprehensive regulations EPA has ever developed. The regulations first identify the criteria to determine which solid wastes are hazardous, and then establish various requirements for the three categories of hazardous waste handlers: generators, transporters, and treatment, storage and disposal facilities (TSDFs). In addition, the Subtitle C regulations set technical standards for the design and safe operation of TSDFs. These standards are designed to minimize the release of hazardous waste into the environment. Furthermore, the regulations for TSDFs serve as a basis for developing and issuing the permits required by the Act for each facility. Permits are essential to making the Subtitle C regulatory program work, since it is through the permitting process that the EPA or state applies standards to TSDFs.
The RCRA Corrective Action program is a result of the 1984 Hazardous and Solid Waste Amendments (HSWA) passed by Congress. These amendments required the cleanup of contamination from improper waste management practices both prior and after the passage of RCRA. The statute requires responsible parties that are seeking a permit to treat, store or dispose of hazardous wastes to clean up environmental contaminants at their sites regardless of the time of release. EPA’s Corrective Action authority was substantially expanded by HSWA, allowing the Agency to address any releases of hazardous waste or hazardous waste constituents to all environmental media at both RCRA permitted and non-permitted facilities."
Based upon the provisions of Subtitle D, "the state and local governments are the primary planning, permitting, regulating, implementing, and enforcement agencies for management and disposal of household and industrial or commercial non-hazardous solid wastes. EPA establishes technical design and operating criteria (which, at a minimum, the States include in their own regulations) for disposal facilities. Also, per Subtitle D, EPA must determine the adequacy (approval status) of the State permit programs. Note, EPA can only do compliance inspections and enforcement of the Federal minimum criteria after EPA has determined a State’s solid waste program to be inadequate. Approved States benefit from potential use of the flexibility that is included in the federal regulations. Tribes can also request (petition) EPA for use of the flexibility on a site-specific landfill basis.
EPA’s minimum national technical criteria (regulations) include specific requirements for location, operation, design (liner, leachate collection, run-off controls, etc), groundwater monitoring, corrective action, closure and post-closure care, and financial assurance responsibility. The primary regulations are found in 40 CFR Part 257 and Part 258 of the Code of Federal Regulations. EPA has also issued regulations under the Clean Air Act that apply to emissions from very large landfills, and certain EPA criteria issued under the Clean Water Act may apply. Note, EPA currently (10/01) does not have any specific or unique RCRA regulations on disposal of medical wastes at landfills. States and local communities should be contacted to find out how to dispose of medical wastes.
EPA provides States, local agencies, and Native American Tribes and Alaskan Native Villages with information, guidance, and policies to help these entities, the public, and the regulated community to make better decisions on waste issues. Subjects covered include incineration and landfilling activities, the environmental and economic benefits of source reduction and recycling of solid wastes, and upgrading or closure of environmentally unsound disposal units.
EPA has helped develop and implement new initiatives and programs that aid businesses, states, local governments, and tribes in implementing resourceful solid waste management programs. The focus is particularly on the environmental and economic benefits of source reduction and recycling (the term Source Reduction refers to reducing waste at the source, or point of creation, of the product itself). These initiatives include WasteWise, Jobs Through Recycling, Pay As You Throw (Unit Pricing), and Full Cost Accounting for municipal solid waste."
Challenge of Pollution Prevention:
Raw materials that later become waste may be completely unregulated, or may be regulated under FIFRA or TSCA. OSHA regulates occupational exposure to contaminants, leaving the RCRA to only cover the so-called "waste stream" which is "a narrow subset of total manufacturing operations." As the text points out, most environmental law treats industries like "black boxes" in which something is known about the resources going in and those coming out (including waste) but little is known about what actually goes on "inside the box (a.k.a. factor7)."
For that reason, environmental law frequently relies upon what is known as the "End of Pipe" approach to waste regulation (where 99% of environmental regulation occurs), making this the regulatory approach of last resort. However, when business are encouraged to become more self-regulating in their behavior, they can be encouraged to adopt and "end of pipe" prevention model where they become responsible for "managing" the resources they have created.
A more useful approach involves Pollution Prevention which includes such strategies as:
Source Reduction and Reuse, which the EPA source reduction "refers to any change in the design, manufacture, purchase, or use of materials or products (including packaging) to reduce their amount or toxicity before they become municipal solid waste. Source reduction also refers to the reuse of products or materials." Benefits of source reduction and reuse include:
"Saves natural resources. Waste is not just created when consumers throw items away. Throughout the life cycle of a product—from extraction of raw materials to transportation to processing and manufacturing facilities to manufacture and use—waste is generated. Reusing items or making them with less material decreases waste dramatically. Ultimately, less materials will need to be recycled or sent to landfills or waste combustion facilities.
Reduces toxicity of waste. Selecting nonhazardous or less hazardous items is another important component of source reduction. Using less hazardous alternatives for certain items (e.g., cleaning products and pesticides), sharing products that contain hazardous chemicals instead of throwing out leftovers, reading label directions carefully, and using the smallest amount necessary are ways to reduce waste toxicity.
Reduces costs. The benefits of preventing waste go beyond reducing reliance on other forms of waste disposal. Preventing waste also can mean economic savings for communities, businesses, schools, and individual consumers.
Communities. More than 6,000 communities have instituted "pay-as-you-throw" programs where citizens pay for each can or bag of trash they set out for disposal rather than through the tax base or a flat fee. When these households reduce waste at the source, they dispose of less trash and pay lower trash bills.
Businesses. Industry also has an economic incentive to practice source reduction. When businesses manufacture their products with less packaging, they are buying less raw material. A decrease in manufacturing costs can mean a larger profit margin, with savings that can be passed on to the consumer.
Consumers. Consumers also can share in the economic benefits of source reduction. Buying products in bulk, with less packaging, or that are reusable (not single-use) frequently means a cost savings. What is good for the environment can be good for the pocketbook as well. "
Waste Minimization which employs aste management techniques that focus upon "reducing the amount and toxicity of hazardous waste generated." "Waste minimization techniques focus on preventing waste from ever being created, otherwise known as source reduction, and recycling. These techniques can be practiced at several stages in most waste generating processes, but require careful planning, creative problem solving, changes in attitude, sometimes capital investment, and a genuine commitment."
Other useful Pollution Prevention techniques include:
"Housekeeping
A little extra attention paid to "minor" sources of waste can result in major reductions. These techniques have worked for other firms:
Inspect and repair equipment to reduce waste caused by equipment breakdown, leaks and spills
Contain leaks and spills by installing drip trays and splash guards
Control inventories by purchasing only what is needed, and date and label all storage containers so products will not exceed their shelf life
Modify equipment and materials cleaning practices to reduce the frequency of cleaning, to minimize quantity of cleaning material used, or to enhance recycling of raw materials removed during cleaning
Keep containers closed except when material is added or withdrawn
Segregate different kinds of waste to increase opportunities for recycling and reduce the volume of waste that must be considered hazardous
Track wastes to insure proper handling
Material Substitution
Disposing of hazardous materials has become expensive. It makes sense to substitute less hazardous materials whenever possible. Good material choices can also increase opportunities to recycle. Consider the following substitutions:
Use water soluble cleaning agents in place of organic solvents and degreasers
Replace hydrocarbon-based paints and inks with water based ones; then use water rather than hydrocarbon solvents for cleanup
Buy recycled and recyclable products
One company that replaced organic solvents and degreasers with water-soluble synthetic cleaners reduced solvent use by 30% and saved $12,000 a year.
Equipment Modifications
Some pollution prevention techniques require re-examining and modifying equipment to reduce equipment-related inefficiency. Many industries can minimize waste by using the following techniques:
Automate process monitoring to reduce errors that may produce off-specification batches
Choose equipment that is easy to clean
Use spray equipment that reduces overspray
Modify equipment to reduce materials lost to the waste stream (e.g. reduce water use; install tank overflow controls, revise rinsing methods)
Modify equipment to reduce emissions (e.g. increase freeboard on tanks or install chillers in the freeboard zone to reduce volatile gas emissions)
A simple drag-out recovery system cost a nickel plating firm less than $1,000. The firm saved $4,200 worth of nickel per year and reduced the amount of nickel sludge produced by 9,500 pounds a year.
Process Modifications
Rethinking an entire production or manufacturing process can be a very effective way of preventing pollution. Often the new process is more efficient and costs less to operate. The kinds of process modifications that will work depend on the process itself, but these examples illustrate the idea:
A circuit board manufacturer began to use screen printing rather than lithography for image transfer, eliminating the need for developers
A power tool manufacturer replaced a solvent-based electrostatic paint system with a water-based electrostatic immersion system
An engine remanufacturer replaced an inorganic caustic cleanser by introducing a system that bombards articles to be cleaned with aluminum shot "
Sessions
