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 - - ". . ., ;
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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.
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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.
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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
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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.
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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.
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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
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