United States Environmental Protection Agency Solid Waste and Emergency Response (OS-305) EPA/530-SW-91-012 December 1990 New Rule for Wood Preserving Wastes 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. Introduction 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- tives. 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 formulations. F034 - Wastewaters, process residu- als, preservative drippage, and spent formulations from wood preserving processes generated at plants that use creosote formula- tions. 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- mium. 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 processes. 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 centers. Requirements for Drip Pads 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 closure. • 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 failure. • 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 landfill. Ninety-Day Accumulator Exemption 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. ------- Compliance 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. Action 3010 notification to Regional Administrator (RA) by generators and TSDs handling newly listed wastes Deadlii Written assessment of drip pad completed Retrofitting plan submitted to RA. Certification of new drip pads by; Professional Engineer I' 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 later) 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 ' - - ;-•"•"" c^^C°NmUStdOCUme^^era^ 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 Replacement 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 rinsing). 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 document. 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 appeared. 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 (HRR-CAN3) 90 Canal Street Boston, MA 02203 (617) 573-5747 Margaret Emile U.S. EPA/Region 2 Hazardous Waste Compliance Branch (2AWM-HWC) 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 (6H-CT) 1445 Ross Avenue Dallas, TX 75202 (214) 655-6794 Gary Bertram U.S. EPA/Region 7 RCRA/STPG 726 Minnesota Avenue Kansas City, KS 66101 (913) 551-7533 Felix Flechas U.S. EPA/Region 8 Waste Management Division (8HWM-RI) 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 (415)744-2110 Marcia Bailey U.S. EPA/Region 10 Waste Management Branch (HW-112) 1200 Sixth Avenue Seattle, WA 98101 (206) 553-0684 ------- |