Hazardous Wastes
I. Under different federal laws:
production environment waste
|--> hazardous air pollutants -->|
| [Clean Air Act (CAA)] |
| |
toxic ---------->|--> toxic pollutants ---------->|--> hazardous
substances | [Clean Water Act (CWA)] | wastes
(TSCA) | | (RCRA)
|--> hazardous substances ------>|
| (CWA, RCRA, CERCLA) |
| |
|--> hazardous materials ------->|
(HMTA)
II. Under RCRA
A. "D-Wastes": exhibit at least one of
four characteristics:
1. ignitibility: flash point < 140 deg. F.
2. corrosivity: pH < 2, > 12.5, or
corrode steel at > 1/4 inch per year
3. reactivity: explosiveness and toxic by-products
from chemical reactions
4. toxicity: standard extraction procedure (EPA)
B. any of four lists (created by EPA, and
taking precedence over the above characteristics):
5. F-list: from generic processes
e.g., degreasing, solvents, electroplating
6. K-list: by type of industry:
e.g., iron and steel, petroleum refining
pesticides, explosives
7. U-list: "toxic wastes" (numerous qualifications)
8. P-list: "acutely hazardous"
presents substantial hazard
whether improperly managed or not.
C. Mixtures of solid waste with waste listed above
D. Waste from the treatment, storage, or disposal (TSD)
of wastes listed above
A. General Considerations
Hazardous waste management (HWM) is replete with acronyms. We start with
basic acronyms fundamental to HWM.
DOT: Department of Transportation
HMTA: Hazardous Materials Transportation Act,
enforced by DOT (Department of Transportation).
HCS: Hazard Communication Standard (OSHA)
enforced by OSHA (Occupational Health and Safety Administration).
This law requires the use of MSDS
(Material Safety Data Sheets) in industrial uses.
CHEMTREC: CHEMical TRansportation Emergency Center (staffed by CMA)
(1-800-424-9300)
This number is only to be used in emergencies!
CMA: Chemical Manufacturers Association B. RCRA and HSWA
The primary federal law for hazardous waste management is RCRA (Resource Conservation and Recovery Act). Passed in 1976, the original law established federal authority (with EPA) for hazardous waste management. RCRA was amended in 1984 by HSWA (Hazardous and Solid Waste Amendments). As a starting point, there are 3 key areas to the law: 1. Hazardous Waste Identification 2. Transport of Hazardous Waste 3. Permitting of Hazardous Waste Facilities This law also established 3 major tools in hazardous waste management: 1. deadlines to control the delays of regulatory development. 2. minimum regulatory controls that would be triggered if EPA did not issue regulations. Although these were statutes (passed by Congress) they resembled regulations. It reflected some of the interesting conflicts of the Reagan era, and a congressional strategy to override the rulemaking process. 3. a national strategy for hazardous waste management in the form of a waste management hierarchy. The hierarchy is based on the now familiar life cycle analysis that we have stressed throughout the core series. In order of priority, the national strategy was:
- prevent generation of waste (i.e., source reduction)
- minimize hazardous waste that is unavoidable
- separate and concentrate wastes (for easier management)
- reuse wastes
- recycle or reclaim wastes
- treat to reduce the hazard and volume
- land disposal
The so-called "land-ban rules" stipulated that wastes must be treated before land disposal with BDAT (best demonstrated available technology).
SQG: small quantity generators (below legally
prescribed quantities, generators are subject
to less stringent RCRA requirements)
RCRA does not address "uncontrolled sites" (abandoned or inactive sites). Therefore, in 1980, Congress passed CERCLA (Comprehensive Environmental Response, Compensation and Liability Act), also known as "Superfund." The motivation for this law was simple enough: RCRA assumes properly operated facilities, but clearly there are a number of uncontrolled sites. Perhaps the most infamous example of this is Love Canal. Over time, many people have regarded CERCLA as an "expensive failure." To be sure, the law has been expensive - it typically uses more resources than any other program in EPA. However, failure is a little more difficult to define. It depends on the three major issues addressed by the law: response, compensation, and liability. Response: within the immediate time frame, there must be a mechanism for rapid response. Compensation: Hazardous Substance Trust Fund (the so-called Superfund) Originally, $1.6 billion was allocated for cleanup of abandoned sites. The funds came from from taxes on chemicals, corporations, and general revenue. Liability: Because of the tremendous damage than can come from abandoned sites, CERCLA established stiff penalities for violators. Any litigation in this area centers around a search for the PRP (potentially responsible party).
8. RQ: Reportable Quantity (under CERCLA, releases above
this level must be reported to the national response
center, a toll free hotline at 1-800-424-8802).
For example, if the R.Q. for a hazardous waste
is 1 pound, then any release above 1 pound must
be reported.
9. NCP: National Contingency Plan (the overall plan to
identify and prioritize sites).
10. CERCLIS: Comprehensive Environmental Response, Compensation,
and Liability Information System (an inventory,
often a prelude to being placed on NPL)
11. HRS: Hazard Ranking System (this is a system used to
rank superfund sites in order of highest to lowest
hazard).
12. NPL: National Priorities List (based on HRS) List
(this is the list of Superfund sites,
currently more than 1000 sites)
D. SARA
13. ATSDR: Agency for Toxic Substance and Disease Registry
A branch of the Public Health Service that
investigates health effects at sites ("health assessments")
14. EPCRA: Emergency Planning and Community Right to Know Act
(title 3 of SARA)
Also known as the "Bhopal law" because it was motivated
by the tragic release of methyl isocyanate in Bhopal India.
15. TPQ: Threshold Planning Quantity (under SARA,
releases above this level must be reported
to the State Emergency Response Commission).
16. TRI: Toxic Release Inventory
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