12th Annual California Unified Program Conference

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12th Annual California Unified Program Conference
Advanced Hazardous Waste Inspector Training
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Evaluations

• Please complete evaluations. There are two
• - One for the overall conference, and
• - One for this course
• We modify the hazardous waste track based on your
  input. Would you like more of this?
  Any other Topics?
• LDRs
• Closure Costs
• Advanced Waste Classification
• Waste Counting
• This course and the conference are modified in
  response to your comments/requests.
• Your input is important!

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Michael Vizzier Keith Waara Leon Wirschem

• County of San Diego CUPA
• Michael.Vizzier_at_sdcounty.ca.gov
• Keith.Waara_at_sdcounty.ca.gov
• Leon.Wirschem_at_sdcounty.ca.gov

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Objectives/Plan

• Use US EPAs Office of Solid Waste (OSW) and
  DTSCs guidance documents to analyze advanced
  issues.
• Examine scenarios and discuss varying
  interpretations.
• Three topic areas
• Part I Advanced waste and treatment tier
  determination.
• Part II Waste determination
• Analysis
• Knowledge of Process
• Part III Hazardous Waste Tank System Standards
• Well start with the laws and regulations then
  progress through guidance documents and scenarios.

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Part IReferences andPoint of Generation

• Is it Waste?
• Is it a Hazardous Waste?

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Is it a Waste?66261.2 Definition of Waste

• 66261.2(a) "Waste" means any discarded material
  of any form (liquid, semi-solid, solid or
  gaseous) that is not excluded by 66261.4(a) or
  66261.4(e) or that is not excluded by HSC
  25143.2(b) or HSC 25143.2(d).
• (b) A discarded material is
• (1) relinquished, or
• (2) recycled, or
• (3) considered inherently waste-like.
• Of course there are other exceptions

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Dont forget the tableIs it a (solid) Waste?
Materials noted with an in column 3 of
Table 1 are RCRA wastes when reclaimed unless
they meet the requirements o f 40CFR
261.2(a)(2)(ii), or 261.4(a)(17) ,(23)(24) or
(25), they are a non-RCRA waste.
CA has yet to adopt this change so at this time
wastes are still RCRA wastes under CA law.
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EPA Solid Waste Flowchart

• http//www.epa.gov/epawaste/hazard/dsw/tool.htmt
  instructions

The Definition of Solid Waste Tool is an
interactive guide designed to follow a series of
decisions that a typical user might make when
determining whether a material meets the
definition of solid waste. This tool does not
follow the outline of the definition of solid
waste regulations in the same order that appears
in those regulations (see 40 CFR 261.2). However,
the Tool Kit does contain all of the necessary
regulatory components to help the user determine
if his material is a solid waste i.e., used as
an ingredient or substitute for a virgin material
(step 1), whether the material has a specific
exclusion (step 2), or whether the material is
considered discarded by being abandoned,
recycled, inherently waste-like, or a military
munition (steps 3-9). After going through the
steps you will see Based on your answers, your
material does/ does not appear to be subject to
federal RCRA Subtitle C regulation.
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Is it a Hazardous Waste?66261.3 Definition of
Hazardous Waste

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

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A Hazardous Waste is

• Declared Generator decides to manage it as a
  hazardous waste
• Characteristic A representative sample exhibits
  a hazardous characteristic (RCRA D001 to D043
  California Corrosive, Reactive and Toxic) (22
  CCR, Ch. 11, Art. 3)
• Listed (22 CCR, Ch. 11, Art. 4)
• F listed (Non-Specific Sources)
• K listed (Specific Sources)
• P Listed (Acutely Hazardous Off-Spec, Spills)
• U listed (Hazardous Off-spec, Spills)
• M listed (Ch. 11, Art. 4.1 mercury containing
  products)
• Mixtures of solid and hazardous waste
• Residues derived from a hazardous waste

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EXAMPLEWaste listed as hazardous due to Benzene

• D018 Benzene concentration ? 0.5 mg/l TCLP
  (D list pertains to
  characteristic wastes)
• F037 Petroleum refinery primary separation
  sludge
• F038 Petroleum refinery secondary separation
  sludge
• K085 Distillation bottoms from the production
  of chlorobenzenes
• P028 Benzene (chloromethyl)- (commercial
  chemical product)
• U019 Benzene (commercial chemical product)

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Mixture Rule

• A mixture of a solid waste a characteristic
  (Art. 3 or Subpart C) hazardous waste is
  hazardous only if the resulting mixture exhibits
  a hazardous characteristic (commingled waste
  still requires HW management, see treatment
  definition HSC 25123.5).
• A mixture of a solid waste a listed
  (Art. 4 or Subpart D) hazardous waste
  that is listed only for ignitability, corrosivity
  or reactivity (I,C,R) is hazardous only if the
  resulting mixture exhibits a hazardous
  characteristic (see also HSC 25123.5).
• A mixture of a solid waste a listed
  (Art. 4 or Subpart D) hazardous waste that
  is listed only for toxicity remains listed as a
  hazardous waste.

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Derived from Rule(Treatment Residue)

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

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RCRA vs. non-RCRA

• RCRA - A waste, not exempt, that is Listed or
  Characteristic.
• Non-RCRA - includes additional wastes for the
  following reasons
• Is it a solid waste? In CA, more materials
  defined as a waste (recyclable materials)
• Is it exempt? Fewer exemptions in CA
  regulations.
• Is it listed? California listed waste codes, CA
  has additional wastes (contaminated petroleum
  debris, latex paints)
• Is it characteristic? More broad definitions of
  corrosivity toxicity
• CA Toxicity tougher extraction test methods,
  metals such as nickel, copper, zinc, etc.
  corrosive solids, LD50 oral and dermal, LC50
  inhalation, aquatic toxicity, carcinogenicity and
  more
• Many statutory requirements are in the law and
  not found in the regulations.

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Who Makes a Waste Determination?

• The
• Generator

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Whats a Generator? 22 CCR 66260.10

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

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Whats a Person? 22 CCR 66260.10

• Person an individual, trust, firm, joint stock
  company, federal agency, corporation (including a
  government corporation), partnership,
  association, state, municipality, commission,
  political subdivision of a state, or any
  interstate body.
• Person also includes any city, county,
  district, commission, the State or any
  department, agency or political subdivision
  thereof, any interstate body, and the Federal
  Government or any department or agency thereof to
  the extent permitted by law.

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Whats A Site? 22 CCR 66260.10

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

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Whose Act or Process?

• A generator is defined as the person whose act or
  process first causes a hazardous waste to become
  subject to regulation.
• Sometimes the generator of a waste may not
  necessarily be the person who actually produced
  the waste. For example, if a
  cleaning service removes residues from a product
  storage tank excluded under 261.4(c), the person
  removing the residues is the first person to
  cause the waste to become subject to regulation,
  not the owner of the tank.
• In this case the cleaning service and
  the owner are co-generators.

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More on Co-Generators

• The person removing the waste from the unit is
  not the owner or operator of the unit, but may be
  considered a generator. The owner or operator
  of the unit may also be considered a generator
  since the act of operating the unit led to the
  generation of the hazardous waste. In other
  words, both the remover of the waste and the
  owner or operator of the tank are considered to
  be co-generators.
• When one or more persons meet the definition of
  generator, all persons are jointly and severally
  liable for compliance with the generator
  regulations. The parties may through a mutual
  decision have one party assume the duties of
  generator, but in the event that a violation
  occurs, all persons meeting the definition of
  generator could be held liable for the improper
  management of the waste (45 FR 72026 October 30,
  1980).

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Point of Generation

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

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Point of Waste Origination22 CCR 66260.10

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

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

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

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Point of Waste Generation 40 CFR part 61

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

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Some Points of Generation

• Waste exits a non-waste unit or piece of
  equipment (e.g. radiator, parts washer).
• Waste exits a manufacturing process unit.
• Material is spent and a decision to discard or
  recycle is made.
• Decision is made to discard a P or U listed
  chemical.
• Treatment residue exits a treatment unit.
• Residue exits a recycling unit.

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What is the Point of Generation?
According to RCRA and state law, when a waste is
generated, the generator must identify whether
the waste is hazardous

• hazardous waste identification must be made at
  the point where the waste is first generated.
• The point of generation is usually defined as the
  point at which a generator first determines that
  a material is no longer useful (or the point at
  which the generator decides to discard the
  material).
• http//www.epa.gov/waste/hazard/tsd/ldr/ldr-sum.p
  df

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What is the Point of Generation?

• Under 40 CFR 261.4(c)
• Hazardous waste is not generated from product or
  raw material tanksand pipelines, manufacturing
  process units, or associated non-waste-treatment-m
  anufacturing units until it exits the unit or if
• The HW remains in unit gt 90 days after the unit
  ceases to be operated for manufacturing, or for
  storage or transportation of product or raw
  materials.
• http//www.epa.gov/waste/hazard/tsd/ldr/ldr-sum.pd
  f
•  

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Manufacturing Process Units (MPU)

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

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Points of Generation(POG) Tanks A, B C
The points of generation are
Process A
Process B
Process C
Waste A
A B
ABCD
Tanks A, B C contain materials used in
different processes the piping is used
exclusively to transfer the liquid when it is no
longer useful.
D
Where is (are) the point(s) of generation?
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Commingling Tanks A, B C
The points of generation are also
the sampling points
Process A
Process B
Process C
Waste A
A B
ABCD
Tanks A, B C contain material. The waste is
commingled in the piping.
What and where do you sample for a waste
determination?
D
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Points of Generation(POG) Tanks A B C
Non-hazardous Waste C is discharged to POTW
Acidic Material A
D002 Waste
Basic Material B
Waste A
A B
AB C
C
Tanks A B contain material the piping is used
to mix transfer the liquid when it is no longer
useful.
Where is (are) the point(s) of generation?
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OSW Answer(faxback 13395)

• Question
• A D002 acidic waste and a D002 basic waste from
  two different manufacturing process are
  individually piped to a collecting pipe. The two
  wastes neutralize each other in the collecting
  pipe and the result is a non-hazardous waste.
• Is there a point of generation?
• Answer
• Each of the corrosive wastes has a point of
  generation upstream of the collecting pipe.

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What is RCRA Online?

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

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RCRA Online

• Now its RCRA Online.
• http//www.epa.gov/epawaste/inforesources/online/i
  ndex.htm
• Select Advanced Search
• http//yosemite.epa.gov/osw/rcra.nsf/advancedsear
  ch?OpenForm
• Type the faxback number in the RCRA online
  number field.
• Click on the Document name to view the entire
  document.
• Like this.

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Type the faxback Number in here.
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References

• 22 CCR 6626x.xxx mirrors 40 CFR 26x.xxx
• There are exceptions (where is 66261.5?)
• 40 CFR 261.5 is CESQG California does not use
  this concept (exceptions LDRs, photochemical
  waste)
• If the 22 CCR section reads exactly the same as
  the 40 CFR section, then the OSW guidance is
  probably good.
• OSW, EPA, FaxBack, Federal Registers All are
  good source documents, even for California.

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More References RCRA vs. non-RCRA

• California has additional requirements, however
  RCRA Online provides valuable guidance, policies
  and definitions.
• In addition to federal guidance, you should check
  your Title 22 CCR and the California Health
  Safety Code!

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More References

• Check DTSCs web page first
• http//www.dtsc.ca.gov/
• Laws, Regulations and Policies
• http//www.dtsc.ca.gov/LawsRegsPolicies/index.cfm
• Publications Forms Index
• http//www.dtsc.ca.gov/PublicationsForms/index.cfm
  

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Treatment Tier Determination
At the Point of Generation

• Where do you make a waste determination prior to
  entering a tiered permitting flow chart?

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A decision is made to discard the material in
tanks A, B C, then consolidate the waste in
tank D.
Process B
Process A
Process C
Points of generation
Waste Accumulation Tank. Waste D
Process B waste is non-hazardous. Processes A
C wastes are hazardous. Q Is this hazardous
waste treatment?
No, it is not treatment if the wastes are
combined solely for the purpose of consolidated
accumulation.
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Treatment does not include HSC 25123.5
(b)(2)(C)

• (C) Combining two or more waste streams that are
  not incompatible into a single tank or container
  if both of the following conditions apply
• (i) The waste streams are being combined solely
  for the purpose of consolidated accumulation or
  storage or consolidated offsite shipment, and
  they are not being combined to meet a fuel
  specification or to otherwise be chemically or
  physically prepared to be treated, burned for
  energy value, or incinerated.
• (ii) The combined waste stream is managed in
  compliance with the most stringent of the
  regulatory requirements applicable to each
  individual waste stream.

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A decision is made to discard the materials in
tanks A, B C, then treat it in tank D.
Process A
Process B
Process C
Points of generation
Treatment tank. Waste D
Process B waste is non-hazardous. Processes A
C wastes are hazardous. Waste D is hazardous.
Q Which waste(s) is (are) used to determine the
treatment tier?
Wastes A, C D. Treatment Tier is based on the
hazardous waste characteristics (A C) and the
volume of waste treated (D).
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Because? (CA)

• 25200.3 (b) Any treatment performed pursuant to
  this section shall comply with all of the
  following, except as to generators, who are
  treating hazardous waste pursuant to paragraph
  (11) of subdivision (a), who shall also comply
  with any additional conditions of the specified
  certification if those conditions are different
  from those set forth in this subdivision
• (1) The total volume of hazardous waste treated
  in the unit in any calendar month

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Because? (CE)

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

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Caution

• HSC 25200.3 (d) Notwithstanding any other
  provision of law, the following activities are
  ineligible for conditional authorization
• (2) Commingling of hazardous waste with any
  hazardous waste that exceeds the concentration
  limits or pH limits specified in subdivision
  (a), or diluting hazardous waste in order to
  meet the concentration limits or pH limits
  specified in subdivision (a).

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A decision is made to discard the material in
tanks A, B C, then treat it in tank D.
Process A
Process B
Process C
Points of generation
Treatment tank. Waste D
Process B waste is non-hazardous. Processes A
C wastes are hazardous. Waste D is
non-hazardous. Q Is the addition of waste B
permissible dilution?
No, if waste B is added to dilute hazardous
characteristics.
Yes, if waste B is added for efficient treatment.
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NO 66268.3. Dilution Prohibited as a
Substitute for Treatment

• (a) No generator, transporter, handler, or owner
  or operator of a treatment, storage, or disposal
  facility shall in any way dilute a restricted
  waste or the residual from treatment of a
  restricted waste as a substitute for adequate
  treatment to achieve compliance with article 4 or
  article 11 of this chapter, to circumvent the
  effective date of a prohibition in article 3 or
  article 10 of this chapter, to otherwise avoid a
  prohibition in article 3 or article 10 of this
  chapter, or to circumvent a land disposal
  prohibition imposed by RCRA section 3004 (42
  U.S.C. 6924).

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

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

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A decision is made to discard the material in
tanks A, B C, then treat it in tank D.
Process C
Process B
Process A
Points of generation
Waste Accumulation Tank. Waste D
Process B waste is non-hazardous. Processes A
C wastes are hazardous. Waste D isnt hazardous,
the addition of B reduced the hazardous
constituents below the hazardous waste threshold.
Q Is a treatment authorization required?
A Yes, authorization is required. Waste A C
are hazardous waste. Dilution is treatment.
Additional treatment might be required to meet
LDR standards.
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Treatment is

• 25123.5(a) Treatment" means any method,
  technique, or process which is not otherwise
  excluded from the definition of treatment by this
  chapter and which is designed to change the
  physical, chemical, or biological character or
  composition of any hazardous waste or any
  material contained therein, or which removes or
  reduces its harmful properties or characteristics
  for any purpose.

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Land Disposal Restrictions(LDRs)

• LDRs were established to keep landfills from
  becoming superfund sites.
• The dilution prohibition is in chapter 18 (LDRs).
  
• But deactivation (DEACT) is a form of treatment
  permitted under LDRs that can be achieved by
  dilution.
• The dilution reduce the toxics concentration
  below hazardous thresholds, then water could
  evaporate in non-hazardous waste surface
  impoundments and the resultant sludge could be
  hazardous and leach, so stringent treatment
  standards were mandated by the courts.

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LDR Treatment Standards Example D006 Sludge
w/Cadmium

• HAZARDOUS WASTE THRESHOLD
• D006 Cadmium concentration ? 1.0 mg/l TCLP or
  STLC
• Ni concentration ? 20 mg/l STLC
• LDR TREATMENT STANDARDS
• D006 waste water treatment standard 0.69 mg/l
  TCLP, notification on-file is the only
  requirement if discharged to POTW
• D006 non-waste water treatment standard 0.11 mg/l
  (66268.40 66268.48)
• Ni waste water treatment standard 3.98 mg/l
  (66268.48)
• Ni non-waste water treatment standard 11.0 mg/l
  TCLP (66268.48)

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Treatment Tier Determination Treatment Units in
Series
Process Tank
Process Tank outflow (Waste A) Non-hazardous
Settling Tank
Settling Tank sludge outflow (Waste B),
hazardous waste.
Sludge. Hazardous Waste
Answer Waste B. Must have hazardous waste to
have hazardous waste treatment.
Heated Drying Tank
Q Which waste is used to determine treatment
tier, A or B?
Non-hazardous waste water to sewer
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Treatment Trick Question
Answer No. Fluoride salts are a non-RCRA
hazardous Waste.
HF
NaOH
D002 Waste
waste HF
H2ONaF
HFNaOH
The D002 waste from tanks A B are neutralized
in the collection piping. Q Is it OK to
discharge the new waste (water sodium fluoride)
to sewer?
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Is the Sodium Fluoride subject to LDRs?
No. The non-RCRA Wastes that are subject to Land
Disposal Restrictions are listed in 66268.29.
Fluoride salts are not listed.
However, if the fluorine was from a P056 listed
waste, LDRs would apply!
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Treatment Standard Determination-Waste Mixture-
Non-Haz Waste A
Non-Haz Waste B
Hazardous Waste C
Treatment tank
Hazardous Waste D
Wastes A B are non-hazardous. Wastes C D are
hazardous. Waste D is dried and disposed of in a
class I landfill. Q Which waste(s) do you
evaluate to meet LDRs?
Wastes C and D. The treatment standard is based
on the waste at point of generation.
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Treatment Standard Determination-Characteristic
Waste-
Process Tank
Process Tank outflow (waste A). Non-RCRA, Ni gt
20 mg/l STLC
Settling Tank
Settling tank sludge outflow (waste B), RCRA,
D006 (Cd) and Non-RCRA Ni.
Sludge Hazardous Waste
Heated Drying Tank
All. The process waste (A) which goes out as
wastewater (C) requires a notification to file.
The outflow (B) which goes out as sludge is
subject to RCRA California LDRs.
Pre-treated waste water (waste C) to POTW.
Q Which wastes are subject to LDR standards?
67
Sludge

• D006 Cadmium concentration ? 1.0 mg/l TCLP
• Ni concentration ? 20 mg/l STLC, 2000 mg/kg TTLC
• TREATMENT STANDARDS
• D006 waste water treatment standard 0.69 mg/l
  TCLP, but one notification on-file only
  requirement if discharged to CWA facility
  (66268.40 66268.48)
• D006 non-waste water treatment standard 0.11 mg/l
  (66268.40 66268.48)
• Ni waste water treatment standard 20 mg/l WET
  (66268.107)

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Waste WaterNo Land Disposal, No LDR

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

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Treatment Standard Determination-Listed Waste-
Process Tank
Process Tank outflow (waste A). RCRA F006
Settling Tank
Settling tank sludge outflow (waste B), RCRA F006
Sludge Hazardous waste
Heated Drying Tank
Pre-treated waste water to POTW
Process outflow (A) sludge (B) require LDRs.
Wastewater to POTW requires notice to file.
Q Which wastes are subject to LDRs?
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F006 Sludge

• Constituent Waste Water Non-waste Water
• Cadmium 0.69 mg/l 0.11 mg/l TCLP
• Chromium 2.77 0.60 mg/l TCLP (total)
• Cyanides 1.2 590.0 (total)
• Cyanides 0.86 30 (amenable)
• Lead 0.69 0.75 mg/l TCLP
• Nickel 3.98 11.0 mg/l TCLP
• Silver NA 0.14 mg/l TCLP

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Commingling (diluting) Hazardous Waste
The waste from tank A is hazardous. The wastes
from tanks B C are not Hazardous.
Haz A
Not B
Not C
Hazardous
?
Q Is this dilution permitted?
Q Is this treatment?
Non-hazardous
D
Q Do LDRs apply?
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Commingling RefEPA 530-R-01-007 (revised August
2001)

• Where a waste stream will eventually be
  commingled with other waste streams, the Agency
  generally requires waste identification and LDR
  determination to be made at the point the waste
  is generated, prior to the commingling, even if
  the commingling occurs within a pipe (except in a
  totally enclosed treatment system).
• One exception to this rule is that the point of
  generation for tank cleanouts occurs at the end
  of the rinseouts in the receiving rinsate tank,
  even though the first rinse is likely to be of
  higher concentration than the other rinses.

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Is this Dilution Permitted?

• Aggregation for Centralized Treatment is
  generally acceptable dilution provided that the
  type of treatment will remove or destroy the
  contaminants.
• You cant aggregate to dilute, but you can
  aggregate for efficient treatment.
• Wastes that are aggregated or mixed as a part of
  a legitimate treatment process, and are
  subsequently diluted as a result, are not
  considered to be impermissibly diluted under LDR.

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Treatment does not include HSC 25123.5
(b)(2)(C)

• (C) Combining two or more waste streams that are
  not incompatible into a single tank or container
  if both of the following conditions apply
• (i) The waste streams are being combined solely
  for the purpose of consolidated accumulation or
  storage or consolidated offsite shipment, and
  they are not being combined to meet a fuel
  specification or to otherwise be chemically or
  physically prepared to be treated, burned for
  energy value, or incinerated.
• (ii) The combined waste stream is managed in
  compliance with the most stringent of the
  regulatory requirements applicable to each
  individual waste stream.
• So its not treatment, but do LDRs apply?

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Do LDRs Apply?

• These wastes are subject to land disposal
  restrictions. Removing the characteristic of
  corrosivity by combining these wastes can satisfy
  the treatment requirement of deactivation set out
  in 40 CFR 268.42, (now 268.40) Table 2. Dilution
  may not be appropriate if there are other
  requirements for the waste matrices. (FAXBACK
  13395)
• Combining waste acid and a waste caustic to
  remove the characteristic of corrosivity is
  regulated treatment in California.

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Recycling LDRs

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

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Point of Generation

• Tanks

78
Hazardous Waste Determinationand Point of
Generation (POG)
Process Tank 1
Process tank outflow (waste A). Non-hazardous
Process Tank 2
Settling tank sludge outflow (waste C) hazardous
waste.
B
Sludge (waste B) hazardous waste.
Answer The outflow from the process tank -waste
C- is hazardous and is the POG.
Heated Drying Tank
Q Where is the point of generation? A or B or C?
Non-hazardous waste water to sewer.
79
Hazardous Waste Determination and Point of
Generation (POG)
Process Tank
Process tank outflow (waste A). Non-hazardous
Settling Tank
B
Settling tank sludge outflow (waste C),
hazardous waste.
Sludge (waste B) hazardous waste.
Answer The settling tank - waste B - is
hazardous and is the POG.
Heated Drying Tank
Q Where is the point of generation? B or C?
Non-hazardous waste water to sewer.
80
Hazardous Waste Determinationand Point of
Generation (POG)
Waste Tank input non-hazardous waste.
Answer The settling tank sludge is hazardous,
the POG is in the tank.
Settling Tank
A
This Sludge is Hazardous.
Question Where is the point of generation?
81
POG in a Tank66261.4(c) Exclusion

• A hazardous waste which is generated in a product
  or raw material storage tank is not subject to
  regulation under this division until it exits the
  unit in which it was generated unless the
  hazardous waste remains in the unit more than 90
  days after the unit ceases to be operated.
• The exemption in this subsection applies only to
  the hazardous waste generated in the above-named
  tanks, not to the tanks themselves. The tanks
  remain subject to the requirements of chapter 32
  if the tank is a hazardous waste pursuant to
  article 3 of chapter 11 of this division.

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POG in a Tank

• Hazardous Waste is exempt if generated in
• A product or raw materials storage tank
• A product or raw material transport vehicle or
  vessel
• In a product or raw material pipeline
• In a manufacturing process unit or an associated
• non-waste treatment-manufacturing unit
• It is exempt until it
• Exits the unit, or
• Remains in non-operational unit for more than 90
  days, or
• When the unit is a surface impoundment

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POG in a Tank

• RCRA ONLINE
• 11420
• 12865
• 11102
• 11588
• 14152

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Chapter 32 Management of Tanks

• Use the Closure Process if
• The tank system is to be disposed, reclaimed or
  closed in place, and
• The Tank System is identified as Hazardous Waste
• and the Tank System is not
• Scrap Metal

85
Hazardous Waste

• Photo Bank
• Points of Generation
• for Hazardous Waste

86
Point of Generation

• The following slides depict points of
• generation where hazardous waste
• is being produced.
• Do you agree?

87
Process Tanks Point of Generation?
88
Process Tanks Point of Generation?
A
When solution is removed as a waste
Is a product a waste?
When solution remains in non-operational
equipment for gt90 days
B
When solution remains in non-operational
equipment for gt1 year
C
89
HCl Bottling Area Poly Tank Point of Generation?
90
HCl Bottling Area Poly Tank Point of Generation?
Exit point from tank
A
The sump
B
When removed from the sump
C
91
Floor of Plating Shop Point of Generation?
92
Floor of Plating Shop Point of Generation?
X
Floor is part of process, not a waste
93
Floor of Plating ShopPoint of Generation?
X
Floor is part of process, not a waste
94
Floor of Plating ShopPoint of Generation?
Hazardous Material/Waste Dropped on the Floor
95
Floor of Plating ShopPoint of Generation?
Leaky Nickel Tank
96
-Waste Determination-Treatment Tier -Land
Disposal Restrictions They are all based on

• The Point of Generation

97
Resources

• RCRA Online Database
• DTSC Website
• Title 22, Health Safety Code
• CalCUPA.net website

98
Ten minute Break
Take a Break?
Please be back by