Hazardous Waste Law

1
Hazardous Waste Law

• Class 2 The RCRA Regulatory Scheme

2
Key Policies

• Cradle to Grave Approach
• Reduce
• Reuse
• Recycle
• How are we protecting
• Impact on business community
• What about consumers

3
Big Picture

• Is it a waste
• If so, who must care
• Generators
• Transporters
• Disposers
• You and me
• What must be done handle, transport dispose
  of with care.

4
Is it Hazardous waste or one persons garbage is
anothers treasure.

• A hazardous waste is a solid waste, this is
• any solid, liquid, or contained gaseous material
  that is discarded by being disposed of burned or
  incinerated, or recycled (with a few exceptions
  for recycling).
• 40 C.F.R. Section 261 - recycling

5
Has a Congress person gotten you off the hook?

• Exclusions from RCRAs cradle to grave
• Domestic sewage or mixtures through POTW
• Industrial waste water discharges permitted under
  CWA
• Mining wastes
• Household waste not hazardous waste
• Solid wastes generated by Ag (plant material and
  animal manure) and land applied
• Universal wastes household batteries, etc.

6
What makes a solid waste hazardous?

• A listed waste
• known to be harmful to human health and the
  environment when not managed properly.
• 40 C.F.R. Part 261 - 263
• Over 500 listed wastes

7
Just cause it aint listed doesnt mean its not
hazardous

• Characteristic Wastes
• Ignitable
• Paints, degeasers, solvents, fuels
• Corrosive
• Rust removers, cleaning fluids, battery acid
• Reactive
• cyanide
• Toxic
• Heavy metals like mercury and lead
• TCLP appropriate scenario?

8
One bad apple

• The Mixture Rule Dillution is not the solution
  to pollution
• Mixing hazardous waste with solid waste mixture
  exhibits characteristics of hazardous waste
• Mixture of solid waste and listed hazardous waste
• The Derived From Rule
• Any solid waste derived from the TSD of hazardous
  waste

9
Generators

• Category
• Small, medium or large
• 2 of generators produce over 99 waste
• Degree of regulation varies based on amount
• Requirements
• Determination EPA ID Number
• Manifest
• Packaging Labeling DOT Regulations
• Record Keeping
• Storage requirements, time quantity limits

10
Transporters

• DOT Hazardous Materials Transportation Act
• Manifest
• Permits, routing, placards, labeling, container
  specifications, spill cleanup
• Transporters as generators and vice versa

11
TSD Requirements

• Land Ban NO Haz waste can be land disposed
  unless
• Specific finding of no adverse effect
• Pretreatment to reduce adverse effects
• Type specific
• Landfills
• Double liners
• Leachate collection
• Groundwater monitoring
• Record keeping
• Closure
• Financial Assurance

12
What happens when its too complicated and too
expensive?