United States
                      Environmental Protection
               Solid Waste and
               Emergency Response
             December 1990
                      New  Rule  for Wood  Preserving
                            The U.S. Environmental Protection Agency (EPA) h as added three categories
                          of wastes generated by the wood preserving industry to tljie list of hazardous
                          wastes regulated under the Resource Conservation and Recovery Act (RCRA).
                          This rule finalizes portions of a December 1988 proposed rule. Included are man-
                          agement standards for existing and new-drip pads usVd t} collect treated wood
                          drippage.    :   ..-..-•.   :    j              . ..    ; j - - ". . .,       ;
                                    - ' -    -     '.  .  - -  -   -   -     -    '     !      .     ' ' -
                            The new wood preserving rule affects large faeiliti ;s as well as many small
                          businesses which have not been subject to RCRAreg ilaljons. Many owners and
                          operators of snic 11 wood preserving facilities may be  unfamiliar with federal and
                          state requirements for hazardous waste management. Thf RCRA/Superfund
                          Hotline and EPA Regional Offices, listed at the end of this brochure, can provide
                          assistance in understanding iand complying with these requirements.

       The wood preserving indus-
try treats wood to be used as railroad
ties, utility poles, and dimensional
outdoor lumber with chemical
formulations to retard decay. These
formulations commonly incorporate
toxic materials such as pentachloro-
phenol, creosote, and inorganic
(chromium or arsenical) preserva-

       When wastes generated in
wood preserving processes are
improperly managed, contamination
of soil, ground water, and surface
water often results. This contamina-
tion poses significant risks to human
health and the environment. At least
54 wood preserving facilities have
been designated as "Superfund"
hazardous waste sites under the
Comprehensive Environmental
Response, Compensation, and
Liability Act (CERCLA), and 85
facilities are undergoing evaluation
for corrective action for hazardous
waste releases. To prevent harm to
the environment, EPA has issued new
regulations that ensure the safe man-
agement of these wastes without
causing undue economic impact on
the industry.

Wood Preserving Wastes

Listed as Hazardous

      , EPA has added three catego-
ries of wastes from wood preserving
processes to the list of hazardous
wastes regulated under the Resource
Conservation and Recovery Act
(RCRA). All wastes listed under
RCRA are presumed to be hazardous
regardless of their concentration and
must be handled according to EPA's
hazardous waste regulations.

       EPA considered a number of
regulatory alternatives to listing
under RCRA, most of which involved
a multistatute approach. This ap-
proach would regulate process
wastewaters and storm waters under
the Clean Water Act (CWA); drip-
page under the Federal Insecticide,
Fungicide, and Rodenticide Act
(FIFRA); and process residuals and
spent preservatives under RCRA.
EPA believes, however, that listing
the wastes under RCRA provides a
level of protection and enforcement
authority that would not be afforded
by a multistatute approach. The
CWA, for example, does not fully
regulate ground water, and FIFRA
penalties and types of enforcement
actions are less stringent than those
provided under RCRA.

       The newly listed categories of
RCRA hazardous waste are:

F032 -  Wastewaters, process residu-
    als, preservative drippage, and
    spent formulations from wood
                                                                                  Printed on recycled paper.

     preserving processes generated at
     plants that currently use or have
     previously used chlorophenolic

  F034 -  Wastewaters, process residu-
     als, preservative drippage, and
     spent formulations from wood
     preserving processes generated at
     plants that use creosote formula-

  F035 -  Wastewaters, process residu-
     als, preservative drippage, and
     spent formulations from wood
     preserving processes generated at
     plants that use inorganic preserva-
     tives containing arsenic or chro-

         EPA is deferring action on
 wastes from wood surface treatment
 processes at facilities that use, or have
 previously used, chlorophenolic for-
 mulations—until additional data on
 these wastes can be collected and
 evaluated. EPA will conduct a pro-
 gram of site visits to collect additional
 information and better characterize the
 surface protection industry and the
 wastes generated by surface protection

        When the listings for F032,
 F034, and F035 become effective, they
 will be subject to the hazardous waste
 regulations found in the RCRA Subtitle
 C program. Generators of these wastes
 are subject to a number of hazardous
 waste requirements, such as notifying
 EPA of their activities, obtaining an
 EPA identification number, and using
 a manifest. People who transport,
 treat, store, or dispose of these wastes
 must also comply with RCRA Subtitle
 C requirements.

        The newly listed wastes will
 also be designated as hazardous
 substances under the Comprehensive
 Environmental Response, Compensa-
 tion, and Liability Act (CERCLA).  Un-
 der CERCLA, if quantities of these
 wastes exceeding one pound (known
 as "Reportable Quantities" or RQs) are
 released into the environment, the
 release must be reported to the federal,
state, and local emergency response
  Requirements for Drip

         The new rule requires that
  after treated wood from pressure and
  nonpressure processes is removed
  from the treatment vessel, it must be
  held on a drip pad until drippage has
  ceased. A drip pad is defined as "an
  engineered structure consisting of a
  curbed, free-draining base, con-
  structed of non-earthen materials and
  designed to convey preservative kick-
  back or drippage from treated wood,
  precipitation,  and surface water run-
  on to an associated collection system
  at wood preserving plants." In
  addition to the required drip pads im-
 mediately adjacent to the treatment
 tanks or cylinders, owners/operators
 may construct drip pads in long-term
 storage areas,  in accordance with ap-
 plicable standards, if they anticipate
 that treated wood drippage will be
 generated in the storage yard.

        Past releases of drippage have
 caused considerable environmental
 contamination at some wood preserv-
 ing facilities. For this reason, EPA
 urges generators to assess the extent
 of potential contamination at their
 plant sites and to work with EPA
 and/or state authorities to ensure
 proper cleanup before building new
 drip pads.

        The rule also establishes
 management standards for existing
 and new drip pads. The standards
 include requirements for assessment
 of drip pad integrity, drip pad design
 and operation, inspections, and

 • Assessment of Existing Drip Pad
 Integrity. The new rule requires the
 owner/operator to assess the integrity
 of existing drip pads and determine
 what steps must be taken to bring the
 drip pads into compliance with the
 new technical standards for drip pads.
 Existing drip pads are defined as
those that were constructed prior to
December 6,1990 (the date the rule
was published in the Federal Register),
or those for which the owner or opera-
  tor has a design and has entered into
  binding financial or other agreements
  for construction prior to the date of
  Federal Register publication. The as-
  sessment will ensure that pads that
  cannot contain the wastes (because of
  cracks, insufficient capacity, or other
  conditions) are removed from service
  and repaired or closed.

  •  Design and Operation of Drip
  Pads. EPA has issued technical re-
  quirements for drip pads to ensure
  that they can contain all drippage and
  related wastes and can prevent
  releases of hazardous waste to the
  soil and ground water under the pad.
  Depending on the age of the drip
  pad, existing drip pad facilities have
  up to 15 years to upgrade and may
  extend that deadline based on ap-
 proval of the Regional Administrator.
 The design and operating require-
 ments with which owners/operators
 must comply are described on the
 following pages.

  • Inspections. Owners/operators
 must inspect all new and existing
 drip pads weekly during operation
 and after storms to detect evidence of
 any conditions that could lead to

 • Closure. When a wood preserving
 drip pad is closed, owners/operators
 must remove or decontaminate all
 drip pad materials, liners, equipment,
 wastes, and contaminated soils.  If all
 contaminated materials cannot be de-
 contaminated or removed, the facility
 must be closed as a hazardous waste
 Ninety-Day Accumulator

       Under the new rule, genera-
 tors of wood preserving wastes are
 not required to obtain a RCRA permit
 to store hazardous waste as long as
 all wastes are removed from the drip
 pads and associated collection sys-
 tems at least once every 90 days, and
 the drip pads meet all the technical
design and operating standards
under this rule.

Effective date for F032 wastes in all states and for F034 and F035 wastes in unauthorized states
and territories* is June 6,1991.

Effective date for F034 and F035 wastes in authorized states depends upon when the state
adopts these regulations— contact your state for more information.

•Atata, California, Hawaii, Iowa, Wyoming, Trust Territories of the Pacific, Puerto Rico, Virgin Island., and American Samoa.
  3010 notification to Regional Administrator
  (RA) by generators and TSDs handling
  newly listed wastes
  Written assessment of drip pad completed

  Retrofitting plan submitted to RA.
   Certification of new drip pads by;
   Professional Engineer

   Retrofitting of existing drip pads of
   known age                   '
   Retrofitting of existing drip pads of
   unknown age at facilities less than seven
   years old

   Retrofitting of existing drip pads of
   unknown age at facilities more than seven
   years old
    RA notified of drip pad leak

    Plan and schedule for repair of leaking drip
    pad submitted to RA

    Certification of repairs and cleanup
    submitted to RA              :
F032—March 6,1991
F034 and F035 in unauthorized states—
March 6,1991
F034 and F035 in authorized states—contact
your state for more information
Effective date

Two years before completion of upgrades
and modifications

Upon completion of drip pad construction
 Two years after effective date, or when drip
 pad reaches 15 years of age (whichever is

 Eight years after effective date
 Two years after effective date, or when
 facility reaches 15 years of age (whichever
 is later)
  Within 24 hours of leak detection

  Within 10 days of leak detection

  Upon completion of repairs and cleanup

  Operating Requirements for Drip Pads
°dS mUS  ^ maintalned fre °f cracks'
                                           orrosion, or deterioration thatj could le^ad to
     K      pfection system?    st be Op4ated to collect drip^e       *ita^ tliat

   overflow onto Se1±± C^ V ^T* ^ ^ Collectfn ^em 4 pessary to prevent
   overflow onto the dnp pad. Collechon system^ must be emphed immediafe| following Itorms.
           8 mUSt^ 7erated and:aintained   ^^inrize tracking of hazard us wasted from the
   pad that may result from the activities of personnel or equipment!   '    \  i      t  ^

   Drip pad surface! must be thoroughly cleaned |at least once eJery seven days'to remove anv
   accumulated residues (but not permanent stains).  -                     I  remote any
                i              '            -               -          ;-•"•""

                i                ;          .-          "              } '          J  . -
   Treated wood m:u>t be held on drip pads until drippage has ceased.  ! * - /  J      i

   ^vi^S diSC°Yered t0 be IeakilM or in dangey of leaking must be repaired cjr removed from
Compliance Deadlines for Treatment, Storage/and Disposal (TSD) Facilities
TSD facilities managing F032 wastes in all states and/or F034 or F035 wastes in
unauthorized states.
Interim Status Facilities

Permitted Facilities
                                       Submit revised Part A by June 6,1991.

                                       Submit Class 1 modifications by June 6,1991.

                                       Submit Class 2 and Class 3 modifications by
                                       December 3,1991.

 Design Requirements for Drip Pads
    Drip pads 4ust consist of a base thaf is
    and inon-strijicturally supported aspha t
    Drip padsust^ave a ejection ar^
    and storm \yater. i.    '•-.  • - J/ . V-  '  :1

  • Drip pads riiust have run-on and ruh- aff control to •
    (unless theipads are covered or enclpsed in a .structure).    •       , ;,              ,  ^

  . Drip pads rhust be sloped to free-dijam treated Woodldrippageand any otter £^te that falls on  1
  V thfpad tote collection system/and must have* curb or berm;around :he perimeter.

   . The drip pads mustbe strong andthick enough to prevent failure due ,o fcsical contact, cli-
    matecondom, the stress of. instaUadon/and the stress of daxlyoperalToAs.  ;

   . The surface of the drip pads^mustfc sealed, coated, br covered with an lijUrneable material jo
    :Sat i"Sontain drip^ge and pr^c piMtion and prevent leakage to th
    waste is cojnveyed to the; collection'system.   -...:    :

   .New drip |ads must be underlaid jvith leak detection systems, and th. P,d and leak detection
     system mvist be underlaid with a chemical-resistant |lmer.
     EPA will allow existing drip pads ^o continue operating witnout 11
     terns for up to15 years, depending; 01 the age and condition of the
     owners/operators obtain from an inc ependent/ qualified registerec
     fication o| compliance with all othjer  design standards.
                                       [/provided that
Equipment Cleaning and
       The rule establishes a process
by which generators can reclassify
chlorophenolic (F032) wastes as F034
or F035 wastes. The process involves
documenting that equipment once
used for chlorophenolic processes has
been cleaned or replaced in such a
manner that eliminates the potential
for cross-contamination (e.g., solvent

       Generators of F032 wastes
may choose one of the following three
options for reclassification:

 1.  Prepare and sign a written plan
    that describes what equipment
    will be replaced and how the
    equipment will be replaced.
    Generators must conduct replace-
    ment in accordance with the plan
by replacing the equipment and
managing the discarded equip-
ment as F032 waste.

Prepare and sign a written equip-
ment cleaning plan that describes
the equipment to be cleaned, how
the equipment will be cleaned, and_
the appropriate solvent chosen for
use in cleaning. Generators must
conduct cleaning in accordance
with the plan by removing all
visible residues from process
equipment and by rinsing process
 equipment with an appropriate
 solvent until dioxins and diben-
 zofurans are not detected in the
 final solvent rinse at or below the
 lower method calibration limit
 (MCL) in Table 1 of Method 8290
 in EPA/530-SW-91-019. Call the
 RCRA/Superfund Hotline toll-free
 at (800) 424-9346 for a copy of this
3.  Document that previous equip-
   ment cleaning or replacement
   was performed in accordance
   with these requirements.

CERCLA Designation

and RQs
       F032, F034, and F035 wastes
will become hazardous substances
under Section 101(14) of the Compre-
hensive Environmental Response,
Compensation, and Liability Act
(CERCLA), as amended, on the
effective dates of this rule (see the
compliance deadlines listing inthis
booklet) by virtue of their listing
 under RCRA. The Reportable
 Quantity (RQ) of these wastes will be
 one pound. If a quantity of these
 wastes equal to or exceeding one
 pound is released, the National
 Response Center must be contacted at
 (800) 424-8802, or at (202) 426-2675.

  For More Information...

         To assist the regulated com-
  munity with RCRA compliance, EPA
  provides informational assistance
  through its RCRA/Superfund Hot-
  line. Hotline personnel can answer
  questions and provide written mate-
  rial about the new wood preserving
  rule, including the Federal Register
  notice in which the rulemaking

        To contact the RCRA/Super-
 fund Hotline call toll-free (800) 424-
 9346. For the hearing-impaired, the
 number is TDD (800) 553-7672.
 Hours of operation are Monday
 through Friday, 8:00 a.m. to 7:30 p.m.,
 Eastern Standard Time.

        Information can also be
 obtained from EPA Regional Offices
 (listed below).

 Brian Olson
 U.S. EPA/Region 1
 Waste Regulation Support Section
90 Canal Street
Boston, MA 02203
(617) 573-5747
  Margaret Emile
  U.S. EPA/Region 2
  Hazardous Waste Compliance Branch
  26 Federal Plaza
  New York, NY 10278
  (212) 264-8356

  David Friedman
 U.S. EPA/Region 3
 RCRA Programs Branch (3HW53)
 841 Chestnut Street
 Philadelphia, PA 19107
 (215) 597-2863

 John Dickinson
 U.S. EPA/Region 4
 Waste Compliance Section
 345 Courtland Street, NE.
 Atlanta, GA 30365
 (404) 347-7603

 Dan Patulski
 U.S. EPA/Region 5
 RCRA Permitting Branch (5HR-13)
JCK Building
230 S.  Dearborn Street
Chicago, IL 60604
(312) 886-0656
  Sam Tate
  U.S. EPA/Region 6
  RCRA Enforcement Branch
  1445 Ross Avenue
  Dallas, TX 75202
  (214) 655-6794

  Gary Bertram
  U.S. EPA/Region 7
  726 Minnesota Avenue
  Kansas City, KS 66101
  (913) 551-7533

  Felix Flechas
  U.S. EPA/Region 8
  Waste Management Division
 999 18th Street
 One Denver Place
 Denver, CO 80202-2405
 (303) 293-1524

 Amy Sokolov
 U.S. EPA/Region 9
 State Programs Branch (H-2-3)
 75 Hawthorne Street
 San Francisco, CA 94105

 Marcia Bailey
 U.S. EPA/Region 10
 Waste Management Branch
 1200 Sixth Avenue
Seattle, WA 98101
(206) 553-0684