530-SW-90-057 LOW-LEVEL MIXED WASTE A RCRA PERSPECTIVE FOR NRC LICENSEES U.S. Environmental Protection Agency Office of Solid Waste and Emergency Response Washington, D.C. 1990 ------- CONTENTS Page Mixed Waste: A RCRA Perspective 2 Mixed Waste Definition 4 Commercial Mixed Waste Generators 6 The Scope of RCRA 8 RCRA Requirements 14 RCRA Implementation 18 RCRA Enforcement 20 Mixed Waste Minimization 22 Information Resources 24 ------- MIXED WASTE: A RCRA PERSPECTIVE The purpose of this booklet is to introduce specific Resource Conservation and Recovery Act (RCRA) requirements to potential commercial mixed waste generators and treatment, storage, and/or disposal facilities. In particular, it is designed for Nuclear Regulatory Commission (NRC) licensees who may not be familiar with the Environmental Protection Agency (EPA) regulations that apply to their waste products. Most commercially generated mixed waste consists of low-level radioactive waste (LLW) and hazardous waste combined in a single waste matrix. These wastes are generally produced in small quantities. RCRA establishes a regulatory framework to ensure the proper management of solid and hazardous wastes. The RCRA program's goals are to: Protect human health and the environment • Reduce solid waste and conserve energy and natural resources • Reduce or eliminate the generation of hazardous waste as expeditiously as possible. Under the RCRA Subtitle C program, the U.S. EPA regulates the management of hazardous waste from its generation through ultimate Potential commercial low-level mixed waste universe LOW - LEVEL RADIOACTIVE WASTE (LLW) low-level mixed waste disposal. This "cradle-to-grave" approach ensures the proper handling and management of hazardous waste at every step in the waste cycle, including documentation of every transfer of the waste through manifests. One particularly challenging aspect of the RCRA program is the management of mixed waste, which contains both RCRA-regulated hazardous waste and radioactive components in one waste matrix. This presents unique issues for waste handlers and regulators. The hazardous waste is subject to regulation by EPA under RCRA and the radioactive component is subject to regulation by the NRC or the Department of Energy (DOE) under the Atomic Energy Act (AEA). Because mixed waste generally cannot be physically separated into hazardous and radioactive components, a single waste management approach must address both RCRA and AEA waste handling and disposal requirements. DOE or ------- state requirements may also apply. This booklet provides an overview of the applicability of RCRA requirements to commercially generated mixed waste, including information on the types of facilities that are likely to generate mixed waste, the RCRA regulatory framework and requirements, and opportunities for pollution prevention. For specific requirements and further information, refer to the statutes, federal and state regulations, and the sources listed in the back of this booklet. Storage Facility Manifest returned to generator to confirm disposal Generator The cradle-to-grave management system tracks hazardous waste from its generation through ultimate disposal ------- MIXED WASTE DEFINITION AEA RCRA RADIOACTIVE WASTE HAZARDOUS WASTE Mixed waste contains radioactive material subject to the AEA and hazardous waste subject to RCRA. A dual regulatory framework exists for mixed waste, with EPA or authorized states regulating the hazardous waste and NRC, NRC agreement states, or DOE regulating the radioactive waste. NRC generally administers the AEA for commercial and non-DOE federal facilities while DOE regulates radioactive materials at DOE facilities. The dual regulatory framework for mixed waste stems from the RCRA definition of solid waste. Hazardous waste is defined as a subset of solid waste. RCRA specifically excludes from the definition of solid waste "source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, as amended" [RCRA Section 1004 (27)]. The AEA MIXED WASTE regulates source material, special nuclear material, and byproduct material. Classes of radioactive waste are transuranic waste, high-level waste, low-level waste, and spent nuclear fuel. These wastes are subject to regulation by the NRC. Any class of radioactive waste that contains a hazardous waste as defined under Subtitle C of RCRA is considered mixed waste. The radioactive component of commercial mixed waste will generally be low- level radioactive waste. For more information regarding the NRC regulations resulting from AEA, consult Title 10 of the Code of Federal Regulations. ------- Low-Level Mixed Waste Contains: Low-level waste (LLW), defined in 10 CFR 61.2 as "radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or byproduct material as defined in section lie. (2) of the Atomic Energy Act" and Hazardous waste that is either listed as a hazardous waste in Subpart D of 40 CFR Part 261.31-33 or which exhibits any of the hazardous waste characteristics identified in Subpart C of 40 CFR Part 261.20-24 (ignitability, corrosivity, reactivity, toxicity). RCRA AEA RCRA Subtitle C Mixed | Waste I Hazardous I Waste j I Radioactive Component Hazardous Waste Solid Waste Radioactive Materials MIXED WASTE REGULATORY FRAMEWORK ------- COMMERCIAL MIXED WASTE GENERATORS Industrial Facilities • Pharmaceutical, Sealed Source, and Irradialor Manufacturing • Biotechnology Manufacturing • Targeted Organ Research • Fuel Storage • Waste Processing • Fuel Fabrication Medical and Academic Institutions • Pilot Plants • Reactors • Laboratory Research Nuclear Power Plants • Routine Maintenance • Outage Maintenance • Health Physics • Radiochemical • Laboratory • Plant Operations Typical practices that generate mixed waste and associated constituents are shown in the matrix on the next page. These practices usually involve the removal of radioactivity from equipment or system components or the manufacture of radioactive materials or products. The hazardous waste components of mixed waste typically are organic solvents, metallic lead, chromate and cadmium wastes, or corrosive liquids. Waste oil may also be subject to RCRA requirements if it exhibits the hazardous characteristics or contains hazardous constituents specified in 40 CFR Part 261. EPA's adoption of the Toxicity Characteristic Leaching Procedure (TCLP) for determining toxicity (55 FR 11798) resulted in the addition of 25 organic chemicals to the list of hazardous constituents, some of which may be found in significant concentrations in used oil. State requirements should also be reviewed to determine the regulatory status of waste oil. ------- FACILITY TYPE HAZARDOUS WASTES Organic solvents of liquid scintillation cocktails rv, • h • i Lead wastes Chromate and cadmium wastes Chlorinated fluorocarbon wastes (CFC) Aqueous corrosive liquids Waste oil * Phenol/chloroform WASTE GENERATING PRACTICES Laboratory counting procedures Residue from research and manufacturing/spent reagents Cleaning of laboratory equipment Cleaning of contaminated components Decontamination of lead shielding Lead contaminated during process Equipment/tool decontamination Laundering garments Backflush of resin filters and changeouts Cleaning of spent fuel casks and welding rods • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • * If waste oil meets RCRA characteristics for a hazardous waste or contains listed constituents. ------- THE SCOPE OF RCRA STATUTORY CHRONOLOGY Solid Waste Disposal Act 1965 Resource Recovery Act 1970 Resource Conservation and Recovery Act (RCRA) 1976 RCRA Amendments 1980 Hazardous and Solid Waste Amendments (HSWA) 1984 Congressional concern about waste management began with enactment of the Solid Waste Disposal Act of 1965. Since then, Congress has responded to changing waste management problems by amending the Act several times. RCRA and the Hazardous and Solid Waste Amendments (HSWA) set the regulatory framework to deal with solid waste problems in an environmentally sound manner. The RCRA statute (42 U.S.C. 6901 et seq.) includes Subtitles A through J, listed on the following page. Hazardous waste is addressed by Subtitle C and the regulations pursuant to Subtitle C in Title 40 of the Code of Federal Regulations (CFR). Subtitle C of RCRA establishes the "cradle-to-grave" management program for hazardous waste. EPA regulates hazardous waste from its generation through its ultimate disposal. The hazardous component of mixed waste is subject to Subtitle C regulations. RCRA defines solid waste as "any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities," but does not include "source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954..." [RCRA Section 1004(27)]. EPA, NRC, and DOE interpret the exception for source, special nuclear, or byproduct material as referring only to the radionuclide component, and not to the entire waste mixture. The radionuclides within the waste matrix are subject to regulations pursuant to the AEA. A hazardous waste is defined in the statute as "...a solid waste, or combination of solid wastes, which 8 ------- ORGANIZATION OF THE RCRA STATUTE Subtitle Provisions A B C D E F G H I J General Provisions Office of Solid Waste and Emergency Response; Authorities of the Administrator Hazardous Waste Management (includes mixed waste) State or Regional Solid Waste Plans Duties of the Secretary of Commerce in Resource and Recovery Federal Responsibilities Miscellaneous Provisions Research Development, Demonstration, and Information Regulation of Underground Storage Tanks Demonstration Medical Waste Tracking Program because of its quantity, concentration, or physical, chemical, or infectious characteristics may..." pose a "substantial present or potential hazard to human health or the environment when improperly... managed." [RCRA Section 1004(5)]. The Subtitle C regulations listed on the next page set forth the framework to identify and manage hazardous wastes. Waste handlers should consult the appropriate regulatory agencies and guidance to determine if they have mixed waste. Once a waste is determined to be a mixed waste, the waste handler must comply with both AEA and RCRA regulations. The requirements of RCRA and AEA are generally consistent and compatible. However, the provisions in Section 1006(a) of RCRA allow the AEA to take precedence in the event provisions or requirements of the two acts are found to be inconsistent. EPA interprets "inconsistencies" as being limited to actual conflicts in the regulations, RCRA requirements that are inconsistent with national security interests protected by the AEA, cases of technical infeasibility, and cases where a RCRA requirement can be shown to violate the AEA policy that ------- ORGANIZATION OF THE RCRA HAZARDOUS WASTE REGULATIONS 40 CFR Part 260 40 CFR Part 261 40 CFR Part 262 40 CFR Part 263 40 CFR Part 264 40 CFR Part 265 40 CFR Part 266 40 CFR Part 267 40 CFR Part 268 40 CFR Part 270 40 CFR Part 271 40 CFR Part 272 Hazardous Waste Management System: General Identification and Listing of Hazardous Waste Standards Applicable to Generators of Hazardous Waste Standards Applicable to Transporters of Hazardous Waste Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities Interim Standards for Owners and Operators of New Hazardous Waste Land Disposal Facilities Land Disposal Restrictions EPA Administered Permit Programs: The Hazardous Waste Permit Program Requirements for Authorization of State Hazardous Waste Programs Approved State Hazardous Waste Management radiation exposures be limited to "as low as reasonably achievable." HSWA significantly expanded the scope of RCRA as it relates to hazardous waste. The expanded requirements that are particularly relevant to mixed waste include land disposal restrictions, minimum technology requirements, and corrective action requirements. Land Disposal Restrictions (LDR) HSWA requires EPA to evaluate all listed and characteristic hazardous wastes to determine which wastes should be restricted from land disposal. The Agency is required to set treatment standards that will diminish the toxicity of hazardous wastes or reduce the likelihood that hazardous constituents will migrate from a disposal site. EPA may set either a concentration level or a treatment method as the standard. The restricted waste must be treated to the promulgated standard prior to land disposal. In addition to prohibiting the land disposal of hazardous wastes without 10 ------- proper treatment, the LDR program prohibits the storage of restricted wastes unless the storage is for the sole purpose of accumulating suffi- cient quantities for proper recovery, treatment, or disposal of the waste. LDR regulations currently apply to mixed wastes that contain spent solvents, dioxins, or California list wastes (halogenated wastes, certain metal-bearing wastes, polychlorinated biphenyls, and cyanide and corrosive wastes). Other hazardous wastes were placed in three groups known as the First, Second, and Third Thirds for which treatment standards were issued on a schedule concluding on May 8,1990. On that date, EPA issued a two-year national capacity variance for mixed wastes based upon a determination that there is inadequate treatment capacity available for these wastes. The waste covered under this variance must be stored in accordance with RCRA requirements until treatment or disposal capacity becomes available. This variance applies to all mixed waste except those for which specific treatment technologies are identified and those which fall under the land disposal restrictions for spent solvents, dioxins, and California list wastes. EPA established four treatability groups for types of mixed waste that cannot be treated with the best demon- strated available technologies (BOAT) for the hazardous waste component involved. One of the groups ad- dresses high-level mixed waste, the others address low-level mixed waste. They are: • Macroencapsulation: which is the BDAT standard for radioac- tive lead solids. This entails ap- plying surface coating materials to reduce surface exposure to poten- tial leaching media. • Amalgamation: which is the BDAT for radioactive elemental mercury. Combination with rea- gents such as copper, zinc, nickel, gold, and sulfur results in a semi- solid amalgam that will reduce potential emissions of mercury vapors. • Incineration: which is the BDAT standard for radioactive hydraulic oil contaminated with mercury. In addition, EPA has determined that mixed waste with metals can be treated through chemical precipitation and stabilization, and mixed waste with organics can be treated by incineration or carbon adsorption. Finally, the land disposal restriction rule states that the RCRA-regulated hazardous portion of all mixed waste must meet the appropriate treatment standards for all applicable waste codes before land disposal. Problems that arise relating to achieving the treatment levels specified by EPA for the hazardous portion of mixed waste can be addressed through either a 11 ------- rulemaking or site-specific treatability variance. Mixed waste for which ade- quate treatment capacity is not avail- able must be stored in accordance with RCRA storage requirements until treatment capacity becomes available or a site-specific variance is granted. Minimum Technology Standards HSWA also sets forth specific structural and design requirements for Subtitle C treatment, storage, and disposal (TSD) facilities. These minimum technology standards require landfills and surface impoundments to contain two or more liners, a leachate collection system, and a ground water monitoring system. Landfills are required to have two leachate collection systems. Landfills in use prior to promulgation of the minimum technology standards are exempt from these requirements. Existing surface impoundments, however, must be retrofitted to meet the minimum technology requirements or taken out of service. Mixed waste facilities are subject to these minimum technology standards. EPA's RCRA requirement for a double liner and leachate collection system and NRC's requirement that radioactive waste not come in contact with liquids present unique design challenges for mixed low-level waste disposal facilities. EPA and NRC issued joint guidance on a conceptual design approach that meets minimum technology requirements. This approach includes placing the mixed low-level waste above the original ground surface in tumulus blended into the site topography. The conceptual design, which would have to be adapted to the site-specific conditions, also fulfills both EPA and NRC requirements to assure long-term stability and require minimal maintenance after site closure. Corrective Action The corrective action provisions of HSWA apply to facilities that handle mixed waste, and are designed to address releases from waste management operations in a timely manner. Corrective actions are required whenever hazardous waste or constituents from a RCRA-regulated unit or solid waste management unit (SWMU) are released into the environment. The RCRA corrective action process includes the following stages: • RCRA Facility Assessment (RFA): During the RFA, EPA or state investigators gather information on solid waste management units and other areas of concern at RCRA facilities, evaluate this information to determine whether there are releases that warrant further investigation or action, and determine the need to proceed to a RCRA Facility Investigation. 12 ------- RCRA Facility Investigation (RFI): The RFT generally includes characterization of the hydrogeological setting, the type and concentration of hazardous waste released, the rate and direction at which the contaminants are migrating, and the extent of migration that has occurred. Information generated during the RFI is used to determine the potential need for corrective measures and to aid in the selection and implementation of these measures. Corrective Measures Study (CMS): If the potential need for corrective measures is verified during the RFI process, the owner or operator is then responsible for performing a CMS. During the CMS, the owner or operator identifies, evaluates, and recommends specific corrective measures based on a detailed engineering evaluation. • Corrective Measures Implementation (CMI): The CMI includes designing, constructing, operating, maintaining, and monitoring the performance of the corrective measure(s). EPA has the authority to require corrective actions at permitted and interim status facilities and to impose fines for violations or noncompliance. 13 ------- RCRA REQUIREMENTS RCRA Generators Transporters Treatment j Storage j» Facilities Disposal J Generators Under RCRA regulations, mixed waste generators, like other hazardous waste generators, must determine if their waste is hazardous and must oversee its ultimate disposition. • The generator must obtain an EPA identification number for each facility at which hazardous waste is generated. • Department of Transportation requirements for transport of hazardous and radioactive waste must be followed. • Generators must prepare a Uniform Hazardous Waste Manifest (EPA Form 8700-22) that will accompany the waste to its final destination and will be returned to the generators to verify that the waste has been treated and disposed of. • Every 2 years, generators must report on their hazardous mixed waste activities to the authorized state agency or EPA. • Generators may accumulate wastes in accordance with certain requirements up to 90 days (180 or 270 days for Small Quantity Generators, depending on distance transported) without a permit. In addition, all generators must comply with the basic requirements for labeling, marking, recordkeeping, and reporting specified in 40 CFR 262. If the generator is also a treatment, storage, or disposal facility, it must meet the requirements for emergency preparedness, ground water protection, closure, and other requirements specified in 40 CFR 264 or 265. Currently, under the RCRA Subtitle C program, there are three categories of generators based on the total quantity of hazardous waste, not just mixed waste, that is produced in one calendar month: Conditionally-exempt small quantity generators (< 100 kg/moX Facilities that generate no more than 100 kilograms (about 220 pounds or 25 gallons) of hazardous waste and no 14 ------- more than 1 kg (about 2 pounds) of acutely hazardous waste in any calendar month. Conditionally exempt SQGs (generating less than 100 kg of hazardous waste in a calendar month) are required to identify the hazardous waste generated, send this waste to an approved hazardous waste facility, and never accumulate more than 1000 kg of waste on the property. Small quantity generators (100-1000 kg/mo). Facilities that generate more than 100 kg and less than 1000 kg (between 220 and 2200 pounds) of hazardous waste and no more than 1 kg of acutely hazardous waste in any month. Small quantity generators are exempt from some of the RCRA offsite disposal requirements for larger generators. Exemptions include, for example, reduced recordkeeping requirements and extended accumulation times (before interim status or a permit is required). Large quantity generators (> 1000 kg/mo). Facilities that generate 1000 kg (about 2200 pounds) or more of hazardous waste or more than 1 kg of acutely hazardous waste in any month. Acutely hazardous wastes have been determined by EPA to be so dangerous in small amounts that they are subject to the same requirements as large amounts of hazardous waste. Examples include wastes from pesticide formulators and some dioxin-containing wastes. For further information on the regulations that apply to mixed waste generators, consult 40 CFR Part 262, Standards Applicable to Generators of Hazardous Waste. Treatment, Storage, and Disposal Facilities Treatment, storage, and disposal (TSD) facilities that handle mixed waste are subject to EPA's permitting system to ensure safe operations. The three functions are defined in 40 CFR Part 260.10 as follows: Treatment: Any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such waste; or so as to recover energy or material resources from the waste or render such waste non-hazardous or less hazardous; safer to transport, store, or dispose of; amenable for recovery; amenable for storage; or reduced in volume. Storage: The holding of hazardous waste for a temporary period, at the end of which the hazardous waste is treated, disposed of, or stored elsewhere. Disposal: The discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water such that the waste or any constituent thereof may enter the 15 ------- environment or be emitted into the air or discharged into any waters, including ground waters. TSD is the last link in the cradle-to- grave hazardous waste management system. In order to handle mixed wastes, they must obtain a permit and abide by TSD regulations. Prevent the entry of unauthorized personnel into the facility by installing fences and surveillance systems and by posting warning signs Periodically inspect the facility to identify any problems There are two sets of TSD regulations: • Adequately train employees Interim Status Standards - These are self-implementing requirements which are found in 40 CFR Part 265. Interim status allows owners and operators of certain existing facilities to continue operating until their permit application is issued or denied (40 CFR 265.1). The applicability of interim status requirements to mixed waste is clarified in 53 FR 37045 (see references). Permit Standards - These are facility- specific "design and operating" requirements incorporated into a facility permit. The performance standards in the regulations serve as guidelines for permit writers in setting the specific design and operating requirements through "best engineering judgment." The permit system ensures that mixed waste facilities meet RCRA standards for proper waste management. TSD facilities must, among other things: • Analyze and identify wastes prior to treatment, storage, or disposal (waste analysis plan) • Prepare a contingency plan for emergencies and establish other emergency response procedures Comply with the manifest system and with various reporting and recordkeeping requirements Comply with technology requirements, such as installing double liners and leachate detection and collection systems • Undertake any necessary corrective action for the site. Permits will also contain requirements specific to the particular mixed waste facility. RCRA also specifies stringent requirements associated with closing down of mixed waste facilities to minimize the potential for adverse environmental consequences after closure. RCRA requires owners to: • Acquire sufficient financial assurance mechanisms (such as trust funds, surety bonds, letters of credit, closure insurance, or 16 ------- financial test and corporate system maintenance, and security guarantee) to pay for closing of measures after the facility closes the facility • Obtain liability insurance to cover Be prepared to pay for 30 years of third-party damages that may ground water monitoring, waste arise from accidents or mismanage-ment. RCRA TECHNICAL REQUIREMENTS FOR TSDs Permit Standards - 40 Containers Tanks Surface Impoundments Waste Piles Land Treatment Incinerators Landfill Miscellaneous Unit Interim Containers Tanks Surface Impoundments Waste Piles Land Treatment Landfills Incinerators Thermal Treatment Underground Injection Chemical, Physical, & Biological Treatment Subpart I Subpart J Subpart K Subpart L Subpart M Subpart O Subpart N Subpart X Status Standards - Subpart I Subpart J Subpart K Subpart L Subpart M Subpart N Subpart O Subpart P Subpart R Subpart Q CFR Part 264 264.170-264.178 264.190-264.199 264.220-264.231 264.250-264.259 264.270-264.283 264.340-264.351 264.300-264.317 264.600-264.603 40 CFR Part 265 265.170-265.177 265.190-265.201 265.220-265.230 265.250-265.257 265.270-265.282 265.300-265.316 265.340-265.352 265.370-265.383 265.430 265.400-265.406 17 ------- RCRA IMPLEMENTATION The federal RCRA program was developed to be implemented by the states, with EPA oversight. To be authorized to implement the RCRA program, a state must develop a program that is equivalent to, no less stringent than, and consistent with the federal program. State programs may be more stringent than the federal requirements. The program must be available for public review and comment before it is approved by EPA. Once authorized, the state has primary responsibility for implementation and enforcement of RCRA requirements within its boundaries. However, EPA retains oversight and enforcement authority. Also, state programs must be modified in accordance with subsequent changes in the federal statutory or regulatory requirements. EPA maintains responsibility for any portion of the RCRA program for which a state has not received authorization. There are two parts of the RCRA program that states implement, the base program (pre-HSWA), and the Hazardous and Solid Waste Amendments of 1984 (HSWA). The hazardous components of mixed wastes come under RCRA's base program. As of July 1990, 20 states and 1 territory (Guam) have been authorized to regulate mixed waste. Mixed wastes are currently regulated under RCRA by EPA in those states and territories lacking base authorization. In a state with base authorization, but without an approved mixed waste program, the state may have program requirements that apply to mixed wastes, but they are not regarded as RCRA require- ments. The date when a state receives mixed waste authorization also determines when a facility must be in existence to qualify for interim status. A state must have an approved mixed waste program to complete the base program requirements before it is eligible for HSWA approval. Five states have been authorized to implement the HSWA corrective action program; these states are Georgia, Colorado, Minnesota, Idaho, and Utah. RCRA program changes, such as the the toxicity characteristic revisions adopted by EPA in March 1990 (55 FR 11798), may be regulated by EPA in all states until authorized states have incorporated the changes into their own programs. For complete information on a state's authorization status and specific requirements, consult with appropriate state and regional contacts listed in the back of this booklet. 18 ------- REGULATORY RESPONSIBILITIES EPA Headquarters Develop RCRA regulations Review and approve state hazardous waste programs • Oversee regional programs Maintain Hazardous Waste Data Management System (HWDMS), which houses data on all RCRA permitted and interim status facilities • Provide technical, policy, and programmatic support to the regions and states. EPA Regions • Review and oversee state hazardous waste programs • Review facility permit applications in states without RCRA authorization Enforce federal and approved state programs • Implement the base RCRA program and HSWA program in states without authorization. States • Implement EPA-authorized RCRA program • Modify state program to respond to changes in federal requirements • Review facility permit applications • Enforce regulatory and permit requirements • Apply for mixed waste authorization if a RCRA-authorized state. STATES AUTHORIZED TO IMPLEMENT RCRA EPA implements: stale not authorized to implement base RCRA or mixed waste programs RCRA authorized state without mixed waste authorization RCRA authorized state with mixed waste authorization as of July 1990 19 ------- RCRA ENFORCEMENT Enforcement Authorities RCRA has three main types of statutory enforcement authorities, all applicable to the hazardous component of mixed wastes. These include inspection and information gathering, compliance, and corrective action authorities: Inspections and Information Gathering: Section 3007 of RCRA provides authority to EPA and authorized states to inspect facilities or obtain information from anyone who has handled or is handling hazardous waste, including mixed waste, in order to determine compliance with RCRA. Under Section 3013 of RCRA, EPA may require monitoring, analysis, and testing by the owner of any site where hazardous waste is stored, treated, or disposed. Compliance: Section 3008(a) of RCRA gives EPA authority to enforce federal or RCRA- authorized state requirements under Subtitle C. Section 3008(a) is used to bring a hazardous waste facility into compliance and can be used to assess a penalty of up to $25,000 per day for each violation. Corrective Action: Section 3008(h) of RCRA is the interim status corrective action authority which allows EPA to respond to a release of hazardous waste or hazardous constituents into the environment by requiring corrective action. EPA may shut down a facility's operations under this section and can assess a penalty of up to $25,000 per day for each violation. Section 3004(u) provides similar authority for releases at permitted facilities, including requiring a schedule for compliance and assurances of financial responsibility for completing the corrective action. Section 3004(v) states that corrective action must be taken beyond the facility boundary if necessary to protect human health and the environment. Section 7003 allows EPA to act in the event that a hazardous waste presents an imminent and substantial endangerment to health or the environment. 20 ------- • Citizen Suits: Under the authority of Section 7002, citizens may commence civil actions against violators of RCRA requirements. Enforcement Options EPA and RCRA-authorized states have several enforcement options available to ensure compliance with RCRA's waste management system. EPA may impose civil and criminal penalties, issue orders, and seek imprisonment of violators if violations of RCRA occur. • Administrative actions; nonjudicial enforcement options which include informal actions such as letters or phone calls from EPA notifying facilities of noncompliance or the issuance of formal administrative orders. • Civil actions: enforcement actions that are filed against a facility through civil law suits. • Criminal actions: lawsuits or other criminal proceedings brought against a facility for a knowing violation of specified hazardous waste requirements. Examples include providing false information to EPA, or transporting hazardous waste without a manifest or to a facility without a permit. All of these enforcement options are available to EPA and the states and are applicable to mixed waste generators and handlers of all sizes. 21 ------- MIXED WASTE MINIMIZATION HSWA mandates that waste minimization be an integral part of the operations of facilities generating and handling hazardous waste, including mixed waste. EPA has implemented a nationwide, multimedia, pollution prevention policy emphasizing reduction of waste at its source, recycling and reuse of hazardous materials to the maximum extent possible, and minimizing the volume and toxicity of waste that is generated. Waste minimization, part of the overall pollution prevention program, specifically addresses the reduction of hazardous wastes. Hazardous and mixed waste generators who work toward these goals can realize the benefits of decreased liabilities associated with waste disposal and radiation exposure, and decreased waste management costs. The public image of a company can also be bolstered by its commitment to environmental quality as demonstrated through such pollution prevention practices. Hazardous waste generators are required to submit biennial reports describing efforts undertaken to reduce the volume and toxicity of the waste they generate and the changes in volume and toxicity actually achieved. Owners and operators of hazardous waste treatment, storage, or disposal facilities must certify that there is a waste minimization program in place and that the TSD method proposed minimizes the present and future threat to human health and the environment. A pollution prevention program begins with a waste minimization assessment. This entails a detailed evaluation of the facility's processes and identifies the potential for reducing wastes at the point at which they are actually generated. The success of a waste minimization program may depend on a commitment by senior management to ensure that the program addresses facility-wide issues and maximizes use of resources within the facility. For example, a nonhazardous material could be substituted for a hazardous material, or the material could be obtained from an onsite source with excess stock that would otherwise have become waste. Waste segregation can ensure that hazardous wastes are not mixed with nonhazardous wastes, radioactive wastes are not mixed with nonradioactive wastes, and recyclable items are identified. Recycling includes techniques to return materials to the originating process or to another process, hi some cases, materials can be reclaimed from a potential waste for reuse. 22 ------- HAZARDOUS WASTE MINIMIZATION TECHNIQUES Inventory Management and Improved Operations • Inventory and trace all raw materials • Purchase more nontoxic production materials • Provide waste minimization/reduction training for employees • Improve material receiving, storage, and handling practices Modification of Equipment • Install equipment that produces minimal or no waste • Modify equipment to enhance recovery or recycling options • Redesign equipment or production lines to produce less waste Improve operating efficiency of equipment • Maintain strict preventive maintenance program Production Process Changes Substitute nonhazardous for hazardous raw materials Segregate wastes by type for recovery • Eliminate sources of leaks or spills • Separate hazardous from nonhazardous and radioactive from nonradioactive wastes • Redesign or reformulate end products to be less hazardous • Optimize reactions and raw material use Recycling and Reuse Install closed-loop systems • Recycle onsite for reuse • Recycle offsite for reuse • Exchange wastes Treatment to Reduce Toxicity and Volume • Evaporation • Incineration • Compaction • Chemical conversion 23 ------- INFORMATION RESOURCES For further information regarding the management of mixed waste, refer to the documents listed below or contact the appropriate EPA, NRC, or state offices listed on the following pages. Brookhaven National Laboratory. An Analysis of Low-Level Wastes: Review of Hazardous Waste Regulations and Identification of Radioactive Mixed Wastes. NUREG/CR-4406. December 1985. Brookhaven National Laboratory. Management of Radioactive Mixed Wastes in Commercial Low-Level Wastes. NUREG/CR-4450. January 1986. Brookhaven National Laboratory. Document Review Regarding Hazardous Chemical Characteristics of Low-Level Waste. NUREG/CR-4433. March 1986. Brookhaven National Laboratory. Evaluation of Potential Mixed Wastes Containing Lead, Chromium, Used Oil, or Organic Liquids. NUREG/CR- 4730. January 1987. 51 Federal Register 24504. State Authorization to Regulate the Hazardous Components of Radioactive Mixed Wastes Under the Resource Conservation and Recovery Act. July 3, 1986. 52 Federal Register 15937. Radioactive Waste; Byproduct Material. May 1, 1987. 53 Federal Register 37045. Clarification of Interim Status Qualification Requirements for the Hazardous Components of Radioactive Mixed Wastes. September 23, 1988. 55 Federal Register 11798. Identification and Listing of Hazardous Waste; Toxicity Characteristic Revisions. March 29,1990. 55 Federal Register 22520 . Land Disposal Restrictions for Third Third Scheduled Wastes. June 1, 1990. Office of Technology Assessment, U.S. Congress. Partnerships Under Pressure: Managing Commerical Low-Level Radioactive Waste. Washington, D.C.: U.S. GPO. (OTA-O-426). November 1989. 24 ------- OSWER Directive 9432.00-2. Joint EPAINRC Guidance on the Definition and Identification of Commercial Mixed Low-Level Radioactive and Hazardous Waste. March 1990. OSWER Directive 9487.00-8. Joint NRCiEPA Guidance on a Conceptual Design Approach for Commercial Mixed Low-Level Radioactive and Hazardous Waste Disposal Facilities. September 1987. OSWER Directive 9480.00-14. Combined NRCIEPA Siting Guidelines for Disposal of Commercial Mixed Low-Level Radioactive and Hazardous Waste. June 1987. OSWER Directive 9541.00-6. State Program Advisory (SPA) #2 - RCRA Authorization to Regulate Mixed Waste. July 1987. Rogers and Associates Engineering Corporation. The Management of Mixed Waste in the Nuclear Power Industry. Prepared for Nuclear Management and Resource Council, Inc., Salt Lake City, Utah: RAE-8807-1. January 1989. Rogers and Associates Engineering Corporation. Management Practices and Disposal Concepts for Low-Level Radioactive Mixed Waste: A Background Report. Prepared for the Office of Technology Assessment. Salt Lake City, Utah: RAE-8830-1. March 1989. U.S. Environmental Protection Agency. RCRA Orientation Manual. 1990 Edition. Washington, DC: U.S. Government Printing Office. U.S. Environmental Protection Agency. Solving the Hazardous Waste Problem: EPA's RCRA Program. Washington, DC: Office of Solid Waste. EPA/530-SW-86-037. November 1986. U.S. Environmental Protection Agency. Waste Minimization: Environmental Quality and Economic Benefits, Washington, DC: OSWER. EPA/530-SW-87- 026. October 1987. U.S. Environmental Protection Agency. Land Disposal Restrictions: Summary of Requirements. Washington, DC: Office of Solid Waste and Emergency Response. OS-520. June 1989. 25 ------- EPA CONTACTS EPA Headquarters RCRA Hotline 800-424-9346 (toll free) 382-3000 in Washington, DC U.S. Environmental Protection Agency Office Waste Programs Enforcement 401 M Street, SW (OS-520) Washington, DC 20460 (202) 382-4849 EPA REGIONAL OFFICES EPA Region 1 Waste Management Division (HHA) John F. Kennedy Building Boston, MA 02203 (617) 565-3715 EPA Region 2 Air and Waste Management Division 26 Federal Plaza New York, NY 10278 (212) 264-2657 EPA Region 3 Hazardous Waste Management Division (3HWOO) 841 Chestnut Street Philadelphia, PA 19107 (215) 597-9800 EPA Region 4 Air and Hazardous Materials Division 345 Courtland Street, NE Atlanta, GA 30365 (404) 347-4727 EPA Region 5 Waste Management Division (SH13) 230 South Dearborn Street Chicago, IL 60604 (312) 353-2000 EPA Region 6 Hazardous Waste Management Div. (6H) Inter First Two Building 1201 Elm Street Dallas, TX 75270 (214) 655-6444 EPA Region 7 Waste Management Division 726 Minnesota Avenue Kansas City, KS 66101 (913)236-2800 EPA Region 8 Air and Hazardous Materials Division One Denver Place Suite 1300 999 18th Street Denver, CO 80202 (303)293-1603 EPA Region 9 Toxics and Waste Management Division (T-l) 215 Fremont Street San Francisco, C A 94105 (415) 744-8071 EPA Region 10 Hazardous Waste Division 1200 Sixth Avenue Seattle, WA 98101 (206) 442-1200 NRC CONTACTS NRC Headquarters U.S. Nuclear Regulatory Commission Division of Low-Level Waste Management and Decommissioning Washington, DC 20555 (301) 492-0557 26 ------- NRC REGIONAL OFFICES U.S. Nuclear Regulatory Commission Region 1 475 Allendale Road King of Prussia, PA 19406 (215) 337-5000 U.S. Nuclear Regulatory Commission Region 2 101 Marietta Street, Suite 2900 Atlanta, GA 30323 (404)331-5000 U.S. Nuclear Regulatory Commission Region 3 799 Roosevelt Road GlenEllyn,IL 60137 (312) 790-5500 U.S. Nuclear Regulatory Commission Region 4 Parkway Central Plaza Bldg. 611 Ryan Plaza Drive, Suite 1000 Arlington, TX 76011 (817)860-8100 U.S. Nuclear Regulatory Commission Region 5 1450 Maria Lane Suite 210 Walnut Creek, CA 945% (415)943-3700 STATE AND TERRITORIAL AGENCIES ALABAMA Dept. of Environmental Management Land Division 1751 Congressman W.L. Dickinson Drive Montgomery, AL 36130 Bureau of Radiological Health Environmental Health Administration Room 314, State Office Building Montgomery, AL 36130 ALASKA Dept. of Environmental Conservation Air and Solid Waste Management 3200 Hospital Drive P.O. Box O Juneau,AK 99811 AMERICAN SAMOA Environmental Quality Commission Government of American Samoa Pago Pago, American Samoa 96799 ARIZONA Arizona Radiation Regulatory Agency 4814 South 40th Street Phoenix, AZ 85040 Arizona Dept. of Environmental Quality Office of Waste Programs 2005 North Central Avenue Phoenix, AZ 85004 ARKANSAS Dept. of Pollution Control and Ecology Hazardous Waste Division 8001 National Drive P.O. Box 9583 Little Rock, AR 72209 Division of Radiation Control and Emergency Management Arkansas Department of Health 4815WestMarkham Little Rock, AR 72205-3867 CALIFORNIA California Dept. of Health Services Toxic Substances Control Division 400 P Street Sacramento, CA 94234 California State Water Resources Control Board 901 P Street P.O. Box 100 Sacramento, CA 95801 27 ------- California Waste Management Board 1020 Ninth Street, Suite 300 Sacramento, CA 95814 California Radiological Health Branch Department of Health 714 P Street, Room 498 Sacramento, CA 95814 COLORADO Colorado Department of Health Waste Management Division 4210 E. llth Avenue Denver, CO 80220 Radiation Control Division Office of Health Protection Department of Public Health 4210 East llth Avenue Denver, CO 80220 COMMONWEALTH OF NORTHERN MARIANA ISLANDS Division of Environmental Quality Commonwealth of the Northern Mariana Islands Office of the Governor Saipan, Mariana Islands 96950 CONNECTICUT Dept. of Environmental Protection Bureau of Waste Management State Office Building 165 Capitol Avenue Hartford, CT 06106 Connecticut Resource Recovery Authority 179 Allyn Street, Suite 603 Professional Building Hartford, CT 06103 DELAWARE Dept. of Natural Resources and Environmental Control Solid Waste Management Branch 89 Kings Highway P.O. Box 1401 Dover, DE 19903 DISTRICT OF COLUMBIA Association of State and Territorial Solid Waste Management Officials Suite 345 Hall of the States 444 North Capitol Street, NW Washington, DC 20001 Dept. of Consumer and Regulatory Affairs Pesticides and Hazardous Waste Materials Division 614 H Street NW, Room 505 Washington, DC 20001 FLORIDA Dept. of Environmental Regulation Bureau of Waste Planning and Regulation Twin Towers Office Building 2600 Blair Stone Road Tallahassee, FL 32399 Office of Radiation Control Dept. of Health & Rehabilitative Services State Health Office 1317 Winewood Boulevard Tallahassee, FL 32399-0700 GEORGIA Land Protection Branch Industrial and Hazardous Waste Management Program Floyd Towers East 205 Butler Street, SE Atlanta, GA 30334 28 ------- Radiological Health Section Department of Human Resources Room 600 878 Peachtree Street Atlan(a,GA 30309 GUAM Guam Environmental Protection Agency P.O. Box 2999 Agana,Guam 96910 HAWAII Dept. of Health Environmental Health Division P.O. Box 3378 Honolulu, ffl 96801 IDAHO Department of Health and Welfare Bureau of Hazardous Materials 450 West State Street Boise, ID 83720 Compliance Section Idaho Dept. of Health and Welfare Statehouse Boise, ID 83720 ILLINOIS Environmental Protection Agency Division of Land Pollution Control 2200 Churchill Road P.O. Box 19276 Springfield, DL 62794 Department of Nuclear Safety 1035 Outer Park Drive Springfield, IL 62704 INDIANA State Board of Health Division of Land Pollution Control 1330 West Michigan Street Indianapolis, IN 46206 Department of Environmental MgmL 105 South Meridian Street Indianapolis, IN 46225 IOWA Dept. of Air, Water, and Waste Mgmt. 900 East Grand Avenue Henry A. Wallace Building DesMoines,IA50319 Bureau of Radiological Health Iowa Department of Health Lucas State Office Building DesMoines, IA 50319 KANSAS Dept. of Health and Environment Bureau of Waste Management Forbes Field, Building 740 Topeka,KS 66620 Bureau of Air Quality and Radiation Control Dept. of Health & Environment Forbes Field, Building 740 Topeka, Kansas 66620 KENTUCKY Cabinet for Natural Resources and Environmental Protection Dept. of Environmental Protection Division of Waste Management 18 Reilly Road Frankfort, KY 40601 Radiation Control Branch Dept. of Health Services Cabinet for Human Services 275 East Main Street Frankfort, KY 40621 29 ------- LOUISIANA Office of Solid and Hazardous Waste Hazardous Waste Division Dept. of Environmental Quality P.O. Box 44307 625 North 4th Street Baton Rouge, LA 70804 Nuclear Energy Division Office of Air Quality & Nuclear Energy P.O. Box 14690 Baton Rouge, LA 70898 MAINE Dept. of Environmental Protection Bureau of Oil and Hazardous Materials Control State House Station #17 Augusta, ME 04333 MARYLAND Maryland Waste Management Administration Office of Environmental Programs Dept. of Health and Mental Hygiene 201 W. Preston Street Baltimore, MD 21201 Center for Radiological Health Department of the Environment 2500 Broening Highway Baltimore, MD 21224 MASSACHUSETTS Dept. of Environmental Quality Engineering Division of Solid and Hazardous Waste One Winter Street Boston, MA 02108 MICHIGAN Environmental Protection Bureau Hazardous Waste Division Box 30028 Lansing, MI 48909 Dept. of Natural Resources Waste Management Division P.O. Box 30241 Lansing, MI 48909 MINNESOTA Pollution Control Agency Solid and Hazardous Waste Division 520 Lafayette Rd. St. Paul, MN 55155 MISSISSIPPI Dept. of Natural Resources Bureau of Pollution Control Division of Solid and Hazardous Waste Management P.O. Box 10385 Jackson, MS 39209 Division of Radiological Health State Board of Health 3150 Lawson Street P.O. Box 1700 Jackson, MS 39215-1700 MISSOURI Department of Natural Resources Waste Management Program P.O. Box 176 205 Jefferson Street Jefferson City, MO 65102 MONTANA Dept. of Health and Environmental Sciences Solid and Hazardous Waste Bureau Cogswell Building Helena, MT 59620 NEBRASKA Dept. of Environmental Control Hazardous Waste Section P.O. Box 98922 Lincoln, NE 68509 30 ------- Division of Radiological Health State Department of Health 301 Centennial Mall South P.O. Box 95007 Lincoln, ME 68509 NEVADA Dept. of Conservation and Natural Resources Division of Environmental Protection Waste Management Program Capitol Complex, Nye Bldg. 201 South Fall Street Carson City, NV 89710 Radiological Health Section Health Division Department of Human Resources 505 East King Street, Room 202 Carson City, NV 89710 NEW HAMPSHIRE Department of Health and Welfare Division of Public Health Services Office of Waste Management Health and Welfare Building 6 Hazen Drive Concord, NH 03301 Radiological Health Program Bureau of Environmental Health Division of Health Services Health & Welfare Building, Hazen Drive Concord, NH 03301 NEW JERSEY Dept. of Environmental Protection Division of Hazardous Waste Mgmt. 401 E. State Street Trenton, NJ 08625 NEW MEXICO Health and Environment Department Environmental Improvement Division Groundwater and Special Waste Bureau Harold Runnels Bldg. 1190 SL Francis Drive Santa Fe.NM 87503 Community Service Bureau Environmental Improvement Division Harold Runnels Bldg. 1190 St. Francis Drive Santa Fe.NM 87503 NEW YORK Dept. of Environmental Conservation Division of Solid and Hazardous Waste 50 Wolf Road Albany, NY 12233 Bureau of Nuclear Operation New York State Energy Office Agency Building 2 2 Rockefeller Plaza Albany, NY 12223 NORTH CAROLINA Dept. of Environment, Health, and Natural Resources 401 Oberlin Road P.O. Box 27687 Raleigh, NC 27611 Radiological Protection Section Division of Facility Service 701 Barbour Drive Raleigh, NC 27603 NORTH DAKOTA Department of Health Division of Hazardous Waste Management and Special Studies 1200 Missouri Avenue Box 5520 Bismarck, ND 58502 31 ------- Division of Environmental Engineering Radiological Health Program State Department of Health 1200 Missouri Avenue Bismarck, ND 58502 OHIO Ohio EPA Division of Solid and Hazardous Waste Management P.O. Box 1049 1800 Watermark Drive Columbus, OH 43266 OKLAHOMA Oklahoma State Dept. of Health Waste Management Service P.O. Box 53551 1000 ME 10th Street Oklahoma City, OK 73152 OREGON Dept. of Environmental Quality Hazardous and Solid Waste Division 811SW Sixth Avenue Portland, OR 97204 Radiation Control Section Department of Human Resources 1400 SW Fifth Avenue Portland, OR 97201 PENNSYLVANIA Pennsylvania Department of Environmental Resources Bureau of Waste Management 9th Floor, Fulton Bldg. P.O. Box 2063 Harrisburg, PA 17120 PUERTO RICO Environmental Quality Board P.O. Box 11488 Santurce, Puerto Rico 00910 RHODE ISLAND Dept. of Environmental Management Solid Waste Management Program 291 Promenade Street Providence, RI 02908 Division of Occupational Health and Radiation Control Rhode Island Department of Health Cannon Building, Davis Street Providence, RI 02908 SOUTH CAROLINA Dept. of Health and Environmental Control Bureau of Solid and Hazardous Waste Management J. Marion Sims Bldg. 2600 Bull Street Columbia, SC 29201 Bureau of Radiological Health S.C. Department of Health and Environmental Control J. Marion Sims Building 2600 Bull Street Columbia, SC 29201 SOUTH DAKOTA Dept. of Water and Natural Resources Office of Air Quality and Solid Waste Foss Building 523 East Capitol Pierre, SD 57501 TENNESSEE Tennessee Department of Public Health Division of Solid Waste Management 701 Broadway Customs House Nashville, TN 37219 Division of Radiological Health TERRA Building, 150 9th Avenue, N. Nashville, TN 37219-5404 32 ------- TEXAS Texas Department of Health Bureau of Environmantal Health 1100 West 49th Street Austin, TX 78756 Texas Water Commission Hazardous and Solid Waste Division 1700 North Congress P.O. Box 13087, Capitol Station Austin, TX 78711 Bureau of Radiation Control Texas Department of Health 1100 W. 49th Street (Mail Only) Austin, TX 78756 UTAH Division of Environmental Health Bureau of Solid and Hazardous Waste 288 North 1460 West P.O. Box 16690 Salt Lake City, UT 84116 Bureau of Radiation Control State Department of Health 288 North 1460 West P.O. Box 16690 Salt Lake City, UT 84116-0690 VERMONT Dept. of Environmental Conservation Solid Waste Management Division 103 South Main Street, West Bldg. Waterbury, VT 05676 VIRGIN ISLANDS Division of Environmental Protection Dept. of Planning and Natural Resources Government of the Virgin Islands Bldg. Ill, Apt. 114 Christiansted St. Croix, VI00820 VIRGINIA Virginia Department of Health Division of Solid and Hazardous Waste Management James Monroe Building 101 North 14th Street Richmond, VA 23219 WASHINGTON Department of Ecology Solid and Hazardous Waste Management Division Mail Stop PV-11 Olympia.WA 98504 Office of Radiation Protection Dept. of Social and Health Services Mail Stop LE-13 Olympia,WA 98504 WEST VIRGINIA Division of Waste Management Dept. of Natural Resources 1260 Greenbrier Street Charleston, WV 25311 West Virginia DepL of Natural Resources 1800 Washington Street, East Charleston, WV 25305 WISCONSIN Department of Natural Resources Bureau of Solid Waste Management 101 South Webster Street Madison, WI 53703 WYOMING Dept. of Environmental Quality Solid Waste Management Program 122 West 25th Street Herschler Building Cheyenne, WY 82002 ------- |