The “E” in ES&H
1/29/2018
In the world of remediation, the term, ES&H; that is, environmental, safety and health, is well known. And while these letters roll off our tongue automatically when we discuss occupational safety and health, the first letter of this acronym; that is, “E,” seems to have been overlooked. Maybe it’s because S&H have their roots in the same OSHA regulations: 29 CFR; while environmental regulations fall under a completely different set of rules and directives, located in 40 CFR. It is here that we find how we need to comply with methods to properly dispose of hazardous waste; whether the generator is currently in operation or when no responsible party exists.
The Environmental Protection Agency (EPA) does not have a definition for “waste.” Instead, (as presented in 40 CFR 260.10) the EPA classifies wastes into distinct categories. The most widely used terms being Hazardous Waste, Solid Waste, and Universal Waste. The most encompassing term is Solid waste and has been defined as “any garbage or refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities.“
RCRA, that is, the Resource Conservation and Recovery Act – further defines “solid waste” as any material that is discarded by being: Abandoned, Inherently Waste-Like (i.e. materials that pose a threat to human health and the environment), Discarded Military Munition, or Recycled (this includes reused, reclaimed, or used in or on the land in a manner constituting disposal, or burned for energy recovery). In addition, RCRA has created a number of exemptions. One of these exemptions is “Domestic Sewage and Mixtures of Domestic Sewage.” It is easy to understand why this waste stream was exempt as without this, typical households would need to obtain RCRA permits; a most impractical ruling.
Only after a material has been defined as a solid waste (per the above definition), can it then be considered for hazardous waste classification. The EPA has defined hazardous wastes as wastes with properties that make them dangerous or potentially harmful to human health or the environment. Hazardous wastes can be liquids, solids, contained gases, or sludges (sludge is defined as any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant). They can be by-products of manufacturing processes or simply discarded commercial products, like cleaning fluids or pesticides. And while there are many categories or classifications of hazardous wastes, hazardous wastes must exhibit at least one of the following traits: 1) Ignitability, 2) Reactivity, 3) Corrosivity and 4) Toxicity. Each of these traits have associated testing methods or defined characteristics and are specified through the RCRA regulation, 40 CFR 261.
Once a material is defined as a hazardous waste, it can then be further classified into one of three categories: F-list (non-specific source wastes) found in the regulations at 40 CFR 261.31 and are wastes from common manufacturing and industrial processes, K-list (source-specific wastes) found in the regulations at 40 CFR 261.32, and are hazardous wastes from specific sectors of industry and manufacturing, and P-list and the U-list (discarded commercial chemical products) found in 40 CFR 261.33.
While both P and U lists define their waste streams as hazardous waste that are pure and commercial grade formulations of certain unused chemicals that are being disposed, the P-list identifies acute hazardous wastes from discarded commercial chemical products. These materials fall into specific criteria such as having a lethal dose at 50% (LD50) for oral toxicity at less than 50 mg/kg or possessing a carcinogen at a concentration (within the waste) of at least 0.1 %. U-listed wastes are similar to P-listed only not meeting acute hazardous waste criteria.
The third category, Universal wastes, are a special category of hazardous wastes that generally pose a lower threat relative to other hazardous wastes while being ubiquitous and produced in very large quantities by a large number of generators. Some of the most common “universal wastes” are: fluorescent light bulbs, some specialty batteries (e.g. lithium or lead containing batteries), cathode ray tubes, and mercury-containing devices.
Universal wastes are subject to somewhat less stringent regulatory requirements. Specific requirements are dependent on whether the generator is classified as a Small Quantity Generator (generating between 100 – 1000 kilograms (kg) of hazardous waste per month) or Large Quantity Generator (more than 1000 kg/month or 1 kg/month of acute hazardous waste per month). Small quantity generators of universal wastes may be classified as “conditionally exempt small quantity generators” (CESQGs) which release them from some of the regulatory requirements for the handling and storage hazardous wastes. This requires the SQG to meet a number of conditions, which are presented in 40 CFR 273, “Standards for Universal Waste Management.”
Household Hazardous Waste (HHW), also referred to as domestic hazardous waste or home generated special materials, is a waste that is generated from residential households. HHW only applies to waste coming from the use of materials that are labeled for and sold for “home use”. Waste generated by a company or at an industrial setting is not HHW. Typical materials that would fall under the this classification are paints and solvents, automotive wastes (motor oil, antifreeze, etc.), pesticides, computers, cell phones, and even radioactive wastes such as smoke detectors as they contain small amounts of the isotope, americium.
RCRA has been referred to as the “Cradle-to-Grave” rule as the ultimate responsibility to ensure wastes are properly transported and disposed is the generator: that is, the organization that created the waste. Even if the disposal or transportation company erroneously does not comply with their respective operations, it is the generator that could be heavily fined. Therefore, the generator is responsible for the entire waste stream they produce, which includes, storage at the facility, classification, transportation and final disposal.
It should be evident that the EPA/RCRA regulations are quite extensive, filled with definitions, exemptions as well as processes designed to have hazardous waste properly handled, stored, treated, transported and disposed. As such, it only seems to make sense that not only generators, but TSD Facilities and transporters as well, should have a person on board that understands the complexities of these regulations; and thus ensure their operations remain compliant.
To vilify a great man is the readiest way in which a little man can himself attain greatness
Edgar Allan Poe