This
new test, required of all waste shipped for disposal, could have serious
consequences for the scrap recycling industry. Here are the basics of what
you need to know about it.
There's
no simple answer, but indications are that some materials that passed the
predecessor test--the Extraction Procedure (EP) Toxicity test--may not
pass the TCLP, and thus will be subject to federal hazardous waste
regulations. (Toxicity is one of four characteristics that can designate a
waste as hazardous under the Resource Conservation and Recovery Act.
Some
scrap processors have found the new procedure to be more aggressive in
leaching heavy metals, especially lead and cadmium, than the old EP
Toxicity test. There is no grandfather clause for test results obtained
with the EP Toxicity test.
Examining
the Test
To
whom does the TCLP apply?
The
procedure must be performed on all waste (including recycling residues)
shipped for disposal. The rule requiring the new test went into effect on
Sept. 25 for all operations that generate more than 2,200 pounds of
hazardous waste per month. Generators of between 220 and 2,200 pounds of
hazardous waste per month have until March 29, 1991, to comply.
In
essence, the test, like its predecessor, is designed to evaluate whether a
waste is likely to leach one or more of a list of regulated constituents.
However, the TCLP varies from the EP Toxicity test in a number of ways.
Regulated
Constituents. The EP Toxicity test required evaluation for 14
constituents (including 8 heavy metals and 6 pesticides). The new test
adds 26 organic chemicals to the list of regulated constituents, including
benzene, which is commonly found in oil. Therefore, used oil, oily rags,
oil filters, and other materials that may be contaminated with oils may be
found hazardous under the TCLP.
Extraction
Fluids. Under the TCLP there are two possible extraction fluids, the
choice of which is based upon the relative acidity (pH) of the waste.
Extract No. 1, to be used on wastes with relatively low pH levels, is
essentially the same extraction fluid required under the old procedure.
However, because of other differences in the two tests, the fluid actually
produces a consistently more acidic leaching solution. Wastes containing
sufficient alkaline compounds or those with naturally occurring high pH
levels would require use of Extract No. 2, a more acidic leaching fluid.
Extraction
Time. The extraction time is 18 hours for the TCLP and 24 hours for
the EP Toxicity test.
Filter
Size. The TCLP requires use of a 0.6 to 0.8 micron filter opening
while the EP Toxicity method uses a prefilter followed by a 0.45 micron
final filter. While the size of the filter in both is extremely small, the
larger opening and the deletion of the prefilter in the TCLP requirements
could affect the test results.
Dealing
With Failure
What
do you do if your waste material doesn't pass the TCLP?
Persons
who generate wastes that are found hazardous under the TCLP must
immediately notify their regional office of the U. S. Environmental
Protection Agency (EPA) and obtain an EPA Identification Number. Both of
these requirements may be satisfied by completing EPA Form 8700-12.
Companies
that already have submitted notification of their status as hazardous
waste generators and have a hazardous waste generator number are not
required to provide additional notification. However, those that generate
hazardous waste at more than one location must submit a separate form for
each location. Note that under RCRA, fin-ns that fail to file are subject
to fines as high as $25,000 per day.
If
you store, treat, or dispose of hazardous waste on-site you will likely be
required to file a two-part permit application with the EPA. Part A of the
application must be submitted immediately. You have until September 1991
to submit Part B, which requests detailed facility information (including
waste analysis; monitoring and inspection; closure and post-closure care;
recordkeeping; requirements for ignitable, reactive, and incompatible
wastes; and general operating requirements).
Permitted
facilities are inspected periodically. If operations have been altered or
if there is a compliance problem, the EPA may modify the conditions of the
permit or revoke and reissue it. Furthermore, the permit can be terminated
if the facility is not in compliance with the terms of the permit, if the
permit holder fails to disclose relevant information, or if it is
determined that the permitted activity endangers human health or the
environment and can only be regulated to acceptable levels by permit
termination.
If
you ship the hazardous waste off-site, you must use only authorized
hazardous waste transporters with EPA identification numbers. In addition,
all containers must be packaged and labeled in accordance with U.S.
Department of Transportation regulations (contact the department at
202/366-5580 or your state's transportation agency for assistance).
Furthermore, all shipments must be accompanied by a Uniform Hazardous
Waste Manifest (EPA Form 8700-22). Finally, you, as the generator, may
only send the wastes to a facility that is permitted, licensed, or
authorized by the EPA or the state to accept hazardous waste. Hazardous
waste generators are legally responsible for their wastes at all times.
Expanding
Regulatory Concerns
What
other federal programs that scrap recyclers might be subject to will the
TCLP affect?
Land
Disposal Restrictions Program. Most hazardous wastes are prohibited
from land disposal, unless treated to levels established by the Land Disposal
Restrictions (LDR) program. However, wastes that tested nonhazardous under
the EP Toxicity test, even if they now test hazardous under the TCLP, are
exempt from the treatment requirements specified in the LDR program. All
other hazardous waste requirements under RCRA still apply.
CERCLA.
The Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA), more commonly known as Superfund, is aimed at cleaning up
toxic releases at uncontrolled or abandoned hazardous waste sites. If the
soil and debris generated during Superfund cleanup activities fail the
TCLP, they must be handled as hazardous wastes. In addition, the new
constituents regulated under the TCLP have been added to the CERCLA list
of hazardous substances.
Underground
Storage Tanks. EPA has deferred from regulation under Subtitle C--the
hazardous waste provisions of RCRA--petroleum-contaminated soils and
debris generated from collective action activities at leaking underground
storage tank sites. However, the deferral does not apply to tank bottom
material associated with cleaning and removal, nor does it apply to
nonregulated tanks such as heating oil tanks and above-ground tanks.
Obtaining
Help
What
can scrap recyclers do to reduce the chance of their residues being
considered hazardous?
Some
members of the industry have been able to lower the concentration of heavy
metals in their wastes through improved source control measures. By
inspecting for and removing multiple mufflers, batteries, gas tanks, cable
ends, and trash from inbound scrap, many recyclers have been able to
easily and consistently pass the TCLP.
It
also may be helpful to consult a technical expert to ensure that samples
are being properly prepared and tested.
If
you are uncertain as to whether your company produces hazardous waste or
if you need additional information, contact an environmental consultant,
your EPA regional office, the EPA's RCRA/Superfund Hotline (800/424-9346),
or your state hazardous waste management agency.
[SIDEBAR]
What Is
Hazardous Waste?
Determining
whether a waste is hazardous under Subtitle C (the hazardous waste section
of RCRA) is fairly complex. There are, however, a few principles that
guide the laws definition.
First,
in order for a waste to be defined as hazardous, it must be a solid
waste. Solid waste is defined by the EPA as discarded material,
and can be in solid, semi-solid, or liquid form. Discarded materials
include any materials that are:
Abandoned
by being disposed of, burned, or incinerated or
Recycled
in one of the following ways: application to land in a manner constituting
disposal, burning for energy recovery, reclamation (that is, processed to
recover a usable product), or speculative accumulation (which applies when
less than 75 percent of a material accumulated on-site is not recycled
during a calendar year).
Thus,
scrap that is reclaimed or
stored prior to reclamation is considered a solid waste. Drosses, slags,
sweat furnace ash, and other smelting or refining residues are defined as
byproducts by the EPA. Under RCRA, byproducts are defined as solid
wastes if speculatively accumulated or abandoned; however, they are not
solid wastes (and thus not hazardous wastes) if reclaimed.
Next,
a solid waste is considered by the EPA to be a hazardous waste if either
of the following is true:
It
exhibits any one of the characteristics of a hazardous waste:
ignitability, corrosivity, reactivity, or toxicity (toxicity is the most
common characteristic present in scrap processing residues).
It
has been specifically listed by the agency in Subpart D of 40 CFR Part 261
as a hazardous waste.
A
mixture containing a listed hazardous waste and a nonhazardous solid waste
also is usually considered a hazardous waste. In addition, any solid waste
derived from the treatment, storage, or disposal of a listed hazardous
waste is considered a hazardous waste. This could include spill residues,
ash, emission control dust, and leachate.
The
law requires every generator of solid waste to determine whether its waste
is hazardous. Testing is required unless the generator has some other
basis for deciding that the waste is or is not hazardous.
[SIDEBAR]
Constituents
Regulated Under the TCLP
Old
EP Toxicity Regulated Constituents:
Arsenic,
barium, cadmium, chromium, 2,4-D, endrin, lead, lindane, mercury,
methoxychlor, selenium, silver, toxaphene, 2,4,5-TP (silvex)
Organic
Constituents Added by the TCLP:
This
new test, required of all waste shipped for disposal, could have serious
consequences for the scrap recycling industry. Here are the basics of what
you need to know about it.
There's
no simple answer, but indications are that some materials that passed the
predecessor test--the Extraction Procedure (EP) Toxicity test--may not
pass the TCLP, and thus will be subject to federal hazardous waste
regulations. (Toxicity is one of four characteristics that can designate a
waste as hazardous under the Resource Conservation and Recovery Act.
Some
scrap processors have found the new procedure to be more aggressive in
leaching heavy metals, especially lead and cadmium, than the old EP
Toxicity test. There is no grandfather clause for test results obtained
with the EP Toxicity test.
Examining
the Test
To
whom does the TCLP apply?
The
procedure must be performed on all waste (including recycling residues)
shipped for disposal. The rule requiring the new test went into effect on
Sept. 25 for all operations that generate more than 2,200 pounds of
hazardous waste per month. Generators of between 220 and 2,200 pounds of
hazardous waste per month have until March 29, 1991, to comply.
In
essence, the test, like its predecessor, is designed to evaluate whether a
waste is likely to leach one or more of a list of regulated constituents.
However, the TCLP varies from the EP Toxicity test in a number of ways.
Regulated
Constituents. The EP Toxicity test required evaluation for 14
constituents (including 8 heavy metals and 6 pesticides). The new test
adds 26 organic chemicals to the list of regulated constituents, including
benzene, which is commonly found in oil. Therefore, used oil, oily rags,
oil filters, and other materials that may be contaminated with oils may be
found hazardous under the TCLP.
Extraction
Fluids. Under the TCLP there are two possible extraction fluids, the
choice of which is based upon the relative acidity (pH) of the waste.
Extract No. 1, to be used on wastes with relatively low pH levels, is
essentially the same extraction fluid required under the old procedure.
However, because of other differences in the two tests, the fluid actually
produces a consistently more acidic leaching solution. Wastes containing
sufficient alkaline compounds or those with naturally occurring high pH
levels would require use of Extract No. 2, a more acidic leaching fluid.
Extraction
Time. The extraction time is 18 hours for the TCLP and 24 hours for
the EP Toxicity test.
Filter
Size. The TCLP requires use of a 0.6 to 0.8 micron filter opening
while the EP Toxicity method uses a prefilter followed by a 0.45 micron
final filter. While the size of the filter in both is extremely small, the
larger opening and the deletion of the prefilter in the TCLP requirements
could affect the test results.
Dealing
With Failure
What
do you do if your waste material doesn't pass the TCLP?
Persons
who generate wastes that are found hazardous under the TCLP must
immediately notify their regional office of the U. S. Environmental
Protection Agency (EPA) and obtain an EPA Identification Number. Both of
these requirements may be satisfied by completing EPA Form 8700-12.
Companies
that already have submitted notification of their status as hazardous
waste generators and have a hazardous waste generator number are not
required to provide additional notification. However, those that generate
hazardous waste at more than one location must submit a separate form for
each location. Note that under RCRA, fin-ns that fail to file are subject
to fines as high as $25,000 per day.
If
you store, treat, or dispose of hazardous waste on-site you will likely be
required to file a two-part permit application with the EPA. Part A of the
application must be submitted immediately. You have until September 1991
to submit Part B, which requests detailed facility information (including
waste analysis; monitoring and inspection; closure and post-closure care;
recordkeeping; requirements for ignitable, reactive, and incompatible
wastes; and general operating requirements).
Permitted
facilities are inspected periodically. If operations have been altered or
if there is a compliance problem, the EPA may modify the conditions of the
permit or revoke and reissue it. Furthermore, the permit can be terminated
if the facility is not in compliance with the terms of the permit, if the
permit holder fails to disclose relevant information, or if it is
determined that the permitted activity endangers human health or the
environment and can only be regulated to acceptable levels by permit
termination.
If
you ship the hazardous waste off-site, you must use only authorized
hazardous waste transporters with EPA identification numbers. In addition,
all containers must be packaged and labeled in accordance with U.S.
Department of Transportation regulations (contact the department at
202/366-5580 or your state's transportation agency for assistance).
Furthermore, all shipments must be accompanied by a Uniform Hazardous
Waste Manifest (EPA Form 8700-22). Finally, you, as the generator, may
only send the wastes to a facility that is permitted, licensed, or
authorized by the EPA or the state to accept hazardous waste. Hazardous
waste generators are legally responsible for their wastes at all times.
Expanding
Regulatory Concerns
What
other federal programs that scrap recyclers might be subject to will the
TCLP affect?
Land
Disposal Restrictions Program. Most hazardous wastes are prohibited
from land disposal, unless treated to levels established by the Land Disposal
Restrictions (LDR) program. However, wastes that tested nonhazardous under
the EP Toxicity test, even if they now test hazardous under the TCLP, are
exempt from the treatment requirements specified in the LDR program. All
other hazardous waste requirements under RCRA still apply.
CERCLA.
The Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA), more commonly known as Superfund, is aimed at cleaning up
toxic releases at uncontrolled or abandoned hazardous waste sites. If the
soil and debris generated during Superfund cleanup activities fail the
TCLP, they must be handled as hazardous wastes. In addition, the new
constituents regulated under the TCLP have been added to the CERCLA list
of hazardous substances.
Underground
Storage Tanks. EPA has deferred from regulation under Subtitle C--the
hazardous waste provisions of RCRA--petroleum-contaminated soils and
debris generated from collective action activities at leaking underground
storage tank sites. However, the deferral does not apply to tank bottom
material associated with cleaning and removal, nor does it apply to
nonregulated tanks such as heating oil tanks and above-ground tanks.
Obtaining
Help
What
can scrap recyclers do to reduce the chance of their residues being
considered hazardous?
Some
members of the industry have been able to lower the concentration of heavy
metals in their wastes through improved source control measures. By
inspecting for and removing multiple mufflers, batteries, gas tanks, cable
ends, and trash from inbound scrap, many recyclers have been able to
easily and consistently pass the TCLP.
It
also may be helpful to consult a technical expert to ensure that samples
are being properly prepared and tested.
If
you are uncertain as to whether your company produces hazardous waste or
if you need additional information, contact an environmental consultant,
your EPA regional office, the EPA's RCRA/Superfund Hotline (800/424-9346),
or your state hazardous waste management agency.
[SIDEBAR]
What Is
Hazardous Waste?
Determining
whether a waste is hazardous under Subtitle C (the hazardous waste section
of RCRA) is fairly complex. There are, however, a few principles that
guide the laws definition.
First,
in order for a waste to be defined as hazardous, it must be a solid
waste. Solid waste is defined by the EPA as discarded material,
and can be in solid, semi-solid, or liquid form. Discarded materials
include any materials that are:
Abandoned
by being disposed of, burned, or incinerated or
Recycled
in one of the following ways: application to land in a manner constituting
disposal, burning for energy recovery, reclamation (that is, processed to
recover a usable product), or speculative accumulation (which applies when
less than 75 percent of a material accumulated on-site is not recycled
during a calendar year).
Thus,
scrap that is reclaimed or
stored prior to reclamation is considered a solid waste. Drosses, slags,
sweat furnace ash, and other smelting or refining residues are defined as
byproducts by the EPA. Under RCRA, byproducts are defined as solid
wastes if speculatively accumulated or abandoned; however, they are not
solid wastes (and thus not hazardous wastes) if reclaimed.
Next,
a solid waste is considered by the EPA to be a hazardous waste if either
of the following is true:
It
exhibits any one of the characteristics of a hazardous waste:
ignitability, corrosivity, reactivity, or toxicity (toxicity is the most
common characteristic present in scrap processing residues).
It
has been specifically listed by the agency in Subpart D of 40 CFR Part 261
as a hazardous waste.
A
mixture containing a listed hazardous waste and a nonhazardous solid waste
also is usually considered a hazardous waste. In addition, any solid waste
derived from the treatment, storage, or disposal of a listed hazardous
waste is considered a hazardous waste. This could include spill residues,
ash, emission control dust, and leachate.
The
law requires every generator of solid waste to determine whether its waste
is hazardous. Testing is required unless the generator has some other
basis for deciding that the waste is or is not hazardous.
[SIDEBAR]
Constituents
Regulated Under the TCLP
Old
EP Toxicity Regulated Constituents:
Arsenic,
barium, cadmium, chromium, 2,4-D, endrin, lead, lindane, mercury,
methoxychlor, selenium, silver, toxaphene, 2,4,5-TP (silvex)
Organic
Constituents Added by the TCLP: