oEPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9938.1
TITLE: Compliance Review Guidance for the Land Disposal
Restrictions Rule for solvents
APPROVAL DATE: ^pr±l 1987
EFFECTIVE DATE: *«*i 1967
ORIGINATING OFFICE: OWPE
B FINAL
Q DRAFT
LEVEL OF OR AFT
O A — Signed by AA or OAA
ED B — Signed by Office Director
D C — Review & Comment
REFERENCE (other document*):
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Dl
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l&EPA
Name of Contact Parson
Victor Havs
United States Envjrc-----"' °-:-r- :---•
W«... ........ . . _.-...
OSWER Directive Initiation Reauest
1 . Directive Number
9938.1
2. Originator Information
Mail Code
WH-527
Office
OWPE
Telephone Number
475-9328
Final Compliance Review Guidance for the Land Disposal Restrictions Rule for
solvents
. Summary of 0\t9U(ve/Include briei statement gf purpose)
The LDR Compliance Review Guidance document is intended to provide guidance
. to inspectorson how to determine a facilities compliance'with the LDR Rule
as part of a Compliance Evaluation Inspection (CEI).
5. Keywords
LDR, Compliance Review Inspection
6a. Does this Directive Supersede Previous Directives)? \_J Yes [JJ No Wnat *'««ive (number, title)
b. Does It Supplement Previous Directive(s)? Q Yes |£] No What Directive (number, title)
7, Draft Level
DA — Signed by AA/DAA U B — Signed by Office Director
C — For Review & Comment
In Development
This Request Meets OSWER Directives System Format
8. Signature of Lead Office Directives Coordinator
*
9. Name and Title of Approving Official
Date
Date
9S WER OS WER OS WER
DIRECTIVE DIRECTIVE
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OSUER 9938.1
INSPECTION MANUAL
RCRA
LAND DISPOSAL RESTRICTIONS RULE
FOR
F001-F005 (SOLVENT) WASTES
Office of Waste Programs Enforcement
Environmental Protection Agency
April, 1987
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OSVER 9938.1
TABLE OF CONTENTS
STATUTORY AND REGULATORY OVERVIEW 1-1
1.1 THE BANS AND RESTRICTIONS 1-1
1.2 F-SOLVENT IDENTIFICATION 1-1
1.3 EXTENSIONS AND EXEMPTIONS 1-2
1.3.1 National Capacity Variance 1-2
1.3.2 Case-by-Case Extension 1-2
1.3.3 Qualified Exemption for Storage in Tanks and
Containers 1-3
1.3.4 Qualified Exemption for Treatment in a Surface
Impoundment 1-3
1.3.5 "No Migration" Exemption 1-4
1.3.6 Delisting 1-5
1. 4 HANDLER REQUIREMENTS 1-5
1.4.1 Generator Requirements 1-5
1.4.2 Transporter Requirements 1-7
1.4.3 Storage Facility Requirements 1-7
1.4.4 Treatment Facility Requirements 1-7
1.4.5 Disposal Facilities 1-8
MAJOR CONCERNS VITH REGARD TO ENFORCING THE F-SOLVENT LAND
DISPOSAL BAN 2-1
2.1 F-SOLVENT IDENTIFICATION BY GENERATORS 2-1
2.1.1 Possible Misclassifiction of Solvent Wastes 2-3
2.1.2 F003 Spent Nonhalogenated Solvents 2-3
2.1.3 Solvent Mixtures 2-4
2.1.4 Regulation of Residuals from Exempt Treatment
Processes 2-4
2.1.5 Implementation of Generator Testing Requirements.. 2-5
2.1.6 Treatability Group Identification 2-6
2.1.7 Oversight of Wastes Claimed to be Eligible for
National Capacity Variances 2-6
2.2 F-SOLVENT WASTE MANAGEMENT AT TSDs 2-6
2.2.1 Waste Analysis Concerns at TSDs 2-7
2.2.2 Treatment Surface Impoundment Exemption 2-8
2.2.3 Technology Requirements for "Extension" of Wastes. 2-9
SUPPORTING EVIDENCE 3-1
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OSVER 9938.1
TABLE OF CONTENTS (Continued)
Page
4. LAND DISPOSAL RESTRICTIONS CHECKLIST
PRE-INSPECTION REVIEW 4-1
Generator Pre-Inspection Review 4-2
Transporter Pre-Inspection Review 4-3
TSDF Pre-Inspection Review 4-4
GENERATOR CHECKLIST GEN-1
TRANSPORTER CHECKLIST TRAN-1
TSDF CHECKLIST TSDF-1
APPENDICES
APPENDIX A - SOLVENT IDENTIFICATION CHECKLIST
APPENDIX B - TREATMENT STANDARDS
APPENDIX C - LIST OF U WASTES
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OSVER 9938.1
SOLVENT LAND DISPOSAL RESTRICTIONS INSPECTION MANUAL
1. STATUTORY AND REGULATORY OVERVIEW
Sections 3004 and 3005 of RCRA provide for the banning of land disposal
of various hazardous wastes on a specified schedule and for possible
extensions and variances. This chapter describes the basic statutory and
regulatory framework for the land disposal restrictions program from an
enforcement perspective.
1.1 THE BANS AND RESTRICTIONS
The Agency must ban or, subject to limitations, restrict the land
disposal of hazardous wastes listed or identified under RCRA by May 9, 1990.
The ban provisions are set out in sections 3004(d) through 3004(k), 3004(m)
and 3005(j)(ll) of RCRA, as amended. F-solvent (F001 through F005) wastes
were banned from land disposal effective November 8, 1986, The prohibitions
and restrictions are set forth in 40 CFR Part 268 and in revisions to 40 CFR
Parts 260-265 and 270 (51 Federal Register 40636 et. seq.).
The prohibition on land disposal of F-solvent wastes does not apply to
land disposal at subtitle C facilities if the waste concentrations do not
exceed treatment standards [referred to as Best Demonstrated Available
Treatment (BOAT) standards], or if the wastes are treated to concentrations
that do not exceed those standards. In addition, F-solvent wastes that exceed
the treatment standards may be placed in land disposal units if allowed by one
of several extensions of the effective data of the ban or by exemptions from
the ban.
In determining the applicable requirements, the inspector must first
determine if the waste is an F001-F005 solvent waste, whether the waste is
restricted as a result of constituent concentrations, and if one of several
extensions or exemptions apply. If the F-solvent waste exceeds the treatment
standards and is not exempted by an extension or exclusion (i.e. it is
restricted), it must be managed in accordance with all the requirements of the
restrictions program. F-solvent wastes that do not exceed treatment standards
are also subject to various requirements.
1.2 F-SOLVENT IDENTIFICATION
Handlers of F solvent wastes should have notified the Agency or State of
their management of such wastes by submitting Form 8700-12, Part A and/or Part
B applications. Consequently, any handler that notified by these mechanisms
is a potential inspection target. In addition, these or other handlers may
also generate or manage F-solvent wastes but, as explained in Section 2.1.1,
may have mislabeled or misclassified these wastes.
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OSVER 9938.1
1.3 EXTENSIONS AND EXEMPTIONS
The statute authorizes certain extensions and exemptions. These include
national capacity variances and various waste or site-specific extensions
and/or exemptions. Application for these exemptions/extensions shall be
reviewed by EPA Headquarters. The regulations do not limit a vaste handler to
one extension or exemption. The various extensions and exemptions are
explained belov.
1.3.1 National Capacity Variance
The statute authorizes the Administrator to extend the statutory date of
a land disposal ban up to tvo years if necessary to develop sufficient
national capacity for alternative treatment, recovery, or disposal. Although
the statutory effective date of the ban on land disposal of F-solvent vastes
was November 8, 1986, the Administrator has established a national capacity
variance to allow certain solvent-containing wastes to continue to be land
disposed until November 8, 1988. {268.30. Vastes receiving the two year
national capacity variance are:
1. Solvent wastes generated by small quantity generators of hazardous
waste (100-1000 kg/mo) (SQGs)
2. Solvent wastes generated from RCRA corrective or CERCLA response
actions (extended in addition to soil and debris under RCRA
(3004(e)(3))
3. Solvent-water mixtures or solvent containing sludge or solvent
containing soil (non CERCLA/RCRA corrective action) containing less
than one percent total F001-F005 solvent constituents.
1.3.2 Case-by-Case Extension
RCRA { 3004(h)(3) and 40 CFR { 268.5 allow the Administrator to extend
the effective data of a land disposal ban up to two years (in one-year
increments) if a handler (a generator, treater, storer, or disposer)
demonstrates, among other things, that: (1) it has made a good faith effort
to locate and contract with treatment, recovery, or disposal facilities
nationwide to manage its waste; (2) it has made a binding contractural
commitment to construct or otherwise provide alternative capacity; and (3) due
to circumstances beyond the handler's control, the capacity cannot be made
available by the effective date.
The full Part 268 restrictions apply to the handler until an extension is
formally granted and appears in the Federal Register.
If an extension is approved by the Administrator, the handler must
provide reports, at intervals designated by the Administrator, demonstrating
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OSVER 9938.1
progress toward constructing or otherwise providing treatment, recovery or
disposal capacity. The Administrator may revoke the extension if the facility
fails to demonstrate "good faith" in proceeding along the designated schedule.
During the period of the extension, certain requirements govern the disposal
of F-solvent wastes. These requirements appear in { 268.5(h) and include
requirements that the waste may be disposed in a landfill or surface
impoundment only if new units, lateral expansions and replacements at the
facility are in compliance with the minimum technology requirements and
Subpart F requirements of 40 CFR Part 264 or 265 as applicable.
1.3.3 Qualified Exemption for Storage in Tanks and Containers
Storage of prohibited F-solvent wastes that do not meet the treatment
standards is allowable in tanks or containers only for the purpose of
accumulating enough waste to facilitate proper recovery, treatment, or
disposal (RCRA { 3004(j); 40 CFR { 268.50). The storage exemption is presumed
to be exceeded after one year of storage. It is available to an interim
status or permitted storage facility, to a generator accumulating hazardous
waste on-site in accordance with { 262.34 (generally 90 days for large
quantity generators, and 180/270 days for small quantity generators), or to a
transfer facility storing for less than 10 days. Generators may only store
hazardous wastes longer than 90 days if they also maintain or obtain permitted
or interim status as a storage facility under RCRA. See Section 1.4.3 for a
further discussion of storage requirements. Storage restrictions do not apply
to a waste during the period of an applicable national variance or case-by-
case extension. Surface impoundments are land disposal facilities ({3004(k))
and may not be used for wastes that exceed the treatment standards except as
noted below or for wastes subject to extensions; they may not otherwise be
used for "storage".
1.3.4 Qualified Exemption for Treatment in a Surface Impoundment
Section 268.4(a) provides that a prohibited waste that exceeds the
treatment standards may be placed in a surface impoundment if: (1) treatment
occurs in the impoundment; (2) the supernatant and sludge residues are
analyzed to determine whether they meet applicable treatment standards, and
treatment residues not meeting the treatment standards are removed at least
annually, but not placed in a surface impoundment; (3) the impoundment meets
minimum technology design and groundwater monitoring requirements (exceptions
discussed below) and (4) the owner or operator submits a written certification
to the Regional Administrator stating that the above requirements have been
met and submits a waste analysis plan. Detailed requirements are set forth in
the rule. These requirements do not apply during the period of a national
variance or case-by-case extension, e.g., the two year extension for mixtures
less than one per cent solvent.
For the purposes of the treatment surface impoundment exemption, the
minimum technology requirements apply to all surface impoundments, new or
existing. However, { 268.4(a)(3) provides that treatment surface impoundments
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OSVER 9938.1
not meeting the minimum technology requirements may still treat wastes that
exceed treatment standards if, in addition to the requirements summarized
above:
(i) the unit has been granted an exemption from double liner
requirements in concert with 264.221(d), 264.221(e), 265.221(c), or
265.221(d); or
(ii) the unit has been granted a vaiver of the requirements as a result
of the facility's demonstration that: it has at least one liner
for which no evidence exists that the liner is leaking; the
impoundment is greater than one-quarter mile from an underground
source of drinking water; and the unit is in compliance with
Subpart F of Part 264 ground-water monitoring requirements; or
Ciii) the unit has been granted a modification to the requirements on the
basis of a finding that there will be no migration of any hazardous
constituent into ground-water or surface water at any future time.
Unlike the case-by-case extension, "no migration" petition, and delisting
petition which require the approval of the Administrator to be effective, the
treatment surface impoundment exemption is self-effectuating, except that if
it relies on a minimum technology waiver, that waiver must have been approved
formally by the Administrator.
Several constraints are imposed on the facility's, residue "removal"
practices as stated above. Removed residues may not be placed in any other
surface impoundment for subsequent treatment. In addition if the volume of
liquid flowing through the impoundment (or series of impoundments) on an
annual basis is greater than the capacity of the impoundment(s), this flow
through constitutes removal of the supernatant.
1.3.5 "No Migration" Exemption
Section 3004(d) of the Act allows the Administrator to exempt a specific
land disposal unit from a ban if it is demonstrated ". . . to a reasonable
degree of certainty, that there will be no migration of hazardous constituents
from the disposal unit or injection zone for as long as the wastes remain
hazardous." Section 268.6 of the regulations establishes the elements that
must be included in a petition for the exemption. Until an extension is
approved and appears in the Federal Register, the full Part 268 restrictions
apply. The term of the exemption cannot exceed ten years if the facility is
in interim status or the term of the applicable RCRA permit. The term of any
granted petition will expire under any of the following conditions: (1) upon
termination or denial of a RCRA permit; (2) upon termination of interim
status; or (3) when the volume limit of waste to be land disposed (as it
appears in the Federal Register) during the term of the exemption is reached.
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OSWER 9938.1
1.3.6 Delisting
Once delisted, an F-solvent waste is no longer considered a hazardous
waste under RCRA and is no longer restricted from land disposal.
1.4 HANDLER REQUIREMENTS
The regulations place certain requirements on generators, transporters,
and TSDFs. These requirements, which generally are set forth in 40 CFR Part
268, are discussed below.
1.4.1 Generator Requirements
Generators of F-solvent wastes are required to (among others):
• Determine whether they generate F solvent waste,
• Determine waste treatability groups and treatment standards,
• Determine whether the F-solvent waste exceeds treatment standards,
• Provide for appropriate treatment and/or disposal *,
• Satisfy documentation, recordkeeping, notification, certification,
packaging and manifesting requirements, and
• Satisfy applicable requirements if it is or becomes a TSDF.
The F-solvent land disposal restrictions rule sets two different
treatment standards based on the waste's applicable "treatability group"
({268.41). The first group of treatment standards corresponds to wastewaters
containing spent solvents. The second group consists of "all other spent
solvent wastes." The treatment standards for these two groups are expressed
in concentrations (in mg/1) of F-solvent waste constituents in the waste
extract (see 51 Fed. Reg. 40642, November 7, 1986). However, the treatment
standard for wastevaters containing methylene chloride generated by the
pharmaceutical industry is slightly different from that for all other
* If a waste that is only F003, which is listed solely because it exhibits
the characteristic of ignitability, is mixed with another hazardous waste or a
nonhazardous waste, and no longer exhibits the ignitable characteristic, the
mixed waste is not subject to the restriction program as F003. (The waste may
still be subject to the restrictions program if the waste it is mixed with is
also a restricted waste).
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OSVER 9938.1
vastevaters containing methylene chloride. In all groups, when vastes are
combined for treatment, the lowest treatment standard for the constituent of
concern must be met. *
Section 268.7 of the rule requires that generators determine whether a
waste is subject to the land disposal rule and, if so, to determine whether
the F-solvent waste meets, the treatment standards, upon generation or after
treatment. That is done on the basis of knowledge of the waste or by using
the Toxicity Characteristic Leaching Procedure (TCLP). Waste analysis
requirements appear in {268.7. A prohibition on dilution for the purpose of
achieving the treatment standards is set forth in (268.3.
F-solvents may be land disposed if, upon generation or after treatment,
constituent concentrations do not exceed treatment standards. (268.03(c)(l).
These standards are expressed as concentration limits in an extract of the
waste or in an extract of its waste treatment residue. If treatment standards
are not met, land disposal is prohibited absent a successful petition.
({268.30(a)).
Generators must document whether a waste meets treatment standards and
prepare records associated with the disposition of the waste. Vastes that
meet treatment standards and that are sent directly from the generator to a
land disposal facility must be accompanied by a certification that the waste
meets the applicable treatment standards, and a notice combining: the EPA
Hazardous Waste Number; the corresponding treatment standard, the manifest
number and waste analysis data (where available). (268.7(a)(2).
Waste that needs further treatment prior to land disposal which is sent
to an off-site treatment facility must be accompanied by a notice containing
the EPA hazardous waste number, the corresponding treatment standard, the
manifest number of each shipment of the restricted waste, and waste analysis
data (where available). {268.7(a)(l).
A generator conducting on-site treatment and/or disposal (i.e., is also
is TSD) must meet applicable requirements for treaters and/or disposers,
except that generator certifications and treatment certifications need not be
* Generators or treatment facilities may petition the Administrator for a
variance from the applicable treatment standards. The petitioner must
demonstrate that the waste's chemical and physical properties significantly
differ from those considered in the development of the treatment standards,
and that the waste at issue cannot be treated to the applicable standards.
The facility must comply with all restrictions of the land disposal program
until the Administrator approves the variance and it appears in the Federal
Register. The variance will include an alternative treatment standard for
that facility.
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OSVER 9938.1
prepared for waste generated and treated and/or disposed on-site. Some
treatment methods for managing solvent wastes, such as distillation processes,
combustion in boilers and furnaces, and vastevater treatment tanks, are not
regulated as treatment units under Parts 264/265. Thus, unless the facility
has other 264/265 regulated units onsite and has TSDF status, these units are
not subject to the general facility standards. Thus generators without TSDF
status may use these methods for treating F-solvent wastes. Residuals
generated from these processes are of special concern with regard to their
compliance with treatment standards.
1.4.2 Transporter Requirements
Section 268.50(a)(3) provides that restricted waste may be stored 10 days
or less by the transporter at a transfer facility.
1.4.3 Storage Facility Requirements
The regulations prohibit storage of prohibited wastes that exceed
treatment standards, except that TSD facilities may store prohibited wastes in
tanks and containers for the purpose of accumulating the amount of waste
necessary to facilitate proper recovery, treatment, or disposal.
(268.50(a)(2). Such storage may continue for up to one year unless the Agency
can demonstrate that such storage was not solely for the purpose of
facilitating proper recovery, treatment, or disposal. (268.50(b). If the
owner/operator stores wastes exceeding treatment standards for greater than a
single year, the owner/operator bears the burden of proof that such storage
was solely for the purpose of accumulating sufficient quantities to facilitate
proper recovery, treatment, or disposal. (268.50(c). It is noteworthy that
surface impoundments are land disposal facilities and that they can not be
used for waste exceeding standards as "storage" facilities.
Each container must be clearly marked as to the contents and date of
entry into storage, and each tank must be emptied every year unless the
throughput for that year exceeds the tank's volume (unless the owner or
operator can show that storage for longer than one year is necessary to
accumulate sufficient quantities). The TSO storing prohibited wastes must
also maintain records of waste analyses conducted for the purpose of
determining whether a waste is restricted. These must be maintained in the
operating record along with the results of analyses conducted to ensure proper
handling.
1.4.4 Treatment Facility Requirements
Treatment facilities must revise waste analysis plans to address the new
testing and certification requirements. Treatment facilities treating
F-solvent waste are required to test residues to determine whether the
1-7
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residues meet treatment standards. (268.7(b)*. Section 268.3 prohibits
handlers, including treaters, from diluting prohibited wastes (or the
residuals from treatment of prohibited works) as a substitute for adequate
treatment. Under section 268.7(b) the treatment facility must prepare a
notice to the land disposal facility which includes: the EPA Hazardous Vaste
Number, the corresponding treatment standard, the manifest number, and waste
analysis data (where available). In addition, certification that the waste
meets applicable treatment standards must accompany each shipment be sent to
the disposal facility accepting the residue. It is important to note that the
residuals from treatment processes are also F-solvent wastes and are also
prohibited if concentrations equal or exceed concentrations in treatment
standards.
1.4.5 Disposal Facilities
Land disposal facilities are ultimately responsible for ensuring that
F-solvent wastes meet the applicable treatment standard before being land
disposed. Land disposal facilities must retain the generator/treater notices
and certifications for each shipment of restricted waste accepted, must revise
waste analysis plans to address all new testing requirements and must conduct
sufficient analyses of restricted wastes to determine that wastes meet
treatment standards in Section 268.41 before land disposal occurs. {268.7(c).
In addition, land disposal facilities accepting prohibited wastes under an
extension of an effective data must keep records of the disposal of such
wastes.
Land disposal facilities may also apply for the various exemptions and
extensions described in Section 1.3. As described in that section, none of
these waivers is entirely self-effectuating with the exception of the
treatment surface impoundment exemption (unless a waiver is applied for from
the minimum technology requirements). Therefore, a land disposal facility
must have received a formal approval prior to disposing of prohibited waste
pursuant to these exemptions and extensions.
*Note, however, that as described in Section I.A.I, same "treaters" may be
"exempt" from Part 264/265 requirements. However, residuals from exempt
treatment are subject to the rule. See 2.1.4 (Regulation of Residuals from
Exempt Treatment Processes).
1-f
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2. MAJOR CONCERNS VITH REGARD TO ENFORCING
THE F-SOLVENT LAND DISPOSAL BAN
Solvent wastes (F001-F005) are generated by a broad range of industries.
These wastes are generated from the widespread use of solvents as degreasers
and cleaners, as ingredients in product formulations, and as solvents in the
synthesis of organic compounds. As RCRA listed wastes, F-solvent wastes are
also defined to include residuals from the treatment or recycling of F-solvent
wastes. These residuals may include still bottoms from recycling operations,
sludges from wastewater treatment, and ashes and scrubber sludges from
combustion processes.
The following figure provides a simplified overview of the management of
solvent wastes under the land disposal ban. Management begins with the
identification of F-solvent wastes and testing of these wastes, as necessary,
to determine their status under the land disposal ban. Major management
routes for restricted wastes include recycling through distillation processes,
combustion of spent solvents and still bottoms, wastewater treatment in tanks
or surface impoundments, or other non-RCRA disposal methods such as discharge
to POTVs. Ultimately, residuals from treatment or recycling are likely to be
disposed of in landfills or other land disposal units. The following sections
characterize some areas of enforcement concern associated with the management
of F-solvent wastes. Section 2.1 discusses areas of enforcement concern at
generators. Section 2.2 discusses concerns at TSDFs.
2.1 F-SOLVENT IDENTIFICATION BY GENERATORS
This section provides a brief overview of the generator community
followed by a discussion of enforcement concerns related to that community.
F-solvent wastes tend to be concentrated in the following industry groups:
Electrical/electronic components
Equipment manufacturing/metal finishing
Organic chemicals manufacturing
Paint formulation
Pesticides manufacturing
Petroleum refining
Pharmaceuticals manufacturing
Plastics/rubber manufacturing.
The next subsections describe some potential areas of enforcement concern
that inspectors should be aware of in identifying F-solvent wastes subject to
the restrictions program.
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OSVER 9938.1
2.1.1 Possible Hisclassification of Solvent Wastes
Accurate identification and labeling of F-solvent wastes is an important
precondition for the effective implementation and enforcement of land disposal
restrictions on these wastes. In industries where organic compounds listed as
solvents may be used in a number of nonsolvent applications (e.g., as
reactants, intermediates, product ingredients, etc.), misclassification of
wastes used as solvents may occur.
In evaluating the appropriateness of the classifications of constituents
as F-solvent wastes, an inspector may have to gather and evaluate necessary
information on the nature of manufacturing processes generating the organic
wastes and use of organic compounds in these processes. The first step in
this evaluate process is to determine whether F-solvent constituents are used
in the facility's process in either pure form or in a formulation. The second
step is to determine whether the constituent is being used as a solvent.
Solvents include any component of a mixture which does not take part in
affecting transformations of chemical structure. Solvents are added to
mixtures to accomplish the objectives listed below. Inspectors should
determine whether constituents are being used for the following:
*
t Provide a medium for chemical reactions or other chemical/physical
transformations (e.g., solvent extraction)?
• Formulate products/byproducts as per desired specifications (e.g.,
organic powders, such as certain pesticides, are dissolved in organic
solvents to formulate liquid products)?
• Alter the chemical/physical characteristics of the product mixture to
improve product application and/or utility, e.g.: chemical carriers;
chemical dispersents; drying agents; wetting agents; emulsifiers.
Should an inspector find that a facility is using a F-solvent hazardous
constituent for one of these purposes, the inspector should refer the facility
to enforcement officials for further review.
2.1.2 F003 Spent Nonhalogenated Solvents
F003, spent nonhalogenated solvents and the still bottoms from the
recovery of these solvents, may be listed solely because they exhibit the
characteristic of ignitability, or may be listed based on both ignitable and
toxic constituents. Should the facility mix F003 solvent wastes which are
listed solely on the basis of ignitability (i.e., containing before use only
F003 solvents) with other hazardous wastes or nonhazardous wastes resulting in
a waste no longer displaying the ignitability characteristic, the waste is no
longer considered F003 and, as such, is not subject to the restrictions
program as F003. The waste may still be subject to the restrictions program
if it is mixed with another restricted waste.
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2.1.3 Solvent Mixtures
A problem that may arise with regard to F-solvent waste identification
involves solvent mixtures. As a result of recent regulatory changes, the
F-solvent vaste listings have been clarified to define what constitutes a
solvent mixture. The Agency clarified the definition of spent solvents
considered hazardous wastes to include spent solvent mixtures containing,
before use, 10 percent or more (by volume) of total listed solvents. In the
December 31, 1985 Federal Register, the Agency's position was stated as
follows: ". . . where the regulatory status of a spent solvent mixture is
questionable, the Agency considers the waste to be a listed waste, unless the
generator can prove that the virgin solvent mixture contained less than 10
percent total listed solvents."
Because F003 may be hazardous waste either because it exhibits a
characteristic or because it is both ignitable and toxic, the mixture rule for
F003 is slightly different. Vhile waste mixtures are considered F-solvent
wastes if they contain 10 percent or more F001, F002, F004, or F005, F003
mixtures are covered if:
1. Before use, the mixed wastestream contains only F003 constituents
2. Before use, the mixed wastestream contains one or more F003
constituents and a total of 20 percent or more of one or more of the
FOOl, F002, F004, and F005 listed constituents.
Accordingly, RCRA inspectors should verify that the wastes derived from
the use of solvent mixtures are managed in accordance with the land disposal
restrictions program.
2.1.4 Regulation of Residuals from Exempt Treatment Processes
Another area of enforcement concern with regard to F-solvent
identification involves the need to identify facilities which generate
F-solvent waste residuals from exempt treatment or recycling processes. Units
associated with certain management practices that "treat" solvent wastes
(e.g., distillation processes, combustion in boilers or furnaces) are not
regulated as treatment units under Part 264/265 technical standards.
Accordingly for the purposes of land disposal restrictions, these exempt
treatment and recycling operations are regulated as generators in instances
where treatment residuals retain their regulatory status as listed solvent
wastes (e.g., FOOl wastes) and continue to exhibit properties of prohibited
wastes (i.e., leachate or residual concentrations in excess of treatment
standards).
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Potential enforcement concerns associated vith these operations are
twofold:
• Due to their exempt status, these operations are not required to
notify (e.g., distillation process, RCRA-exempt vastevater treatment
tanks) or have only recently been required to notify (e.g.,
boilers/furnaces). As a result, inspectors may have difficulty in
identifying the universe to handlers vhich provide these types of
treatment for solvent wastes.
• Some handlers treating solvent wastes in exempt units may incorrectly
assume that a solvent waste automatically loses its regulatory status
as a solvent waste or prohibited waste following treatment in an
exempt unit or these facilities may overestimate the ability of exempt
management practices, such as furnaces, to treat prohibited wastes to
meet treatment standards.
For these reasons, residuals (e.g., sludges, ashes, still bottoms)
generated from treatment occurring in exempt units may warrant additional
attention as part of the enforcement program. A review of responses to
letters requesting the identification of solid waste management units (RSI #3)
or completed RCRA Facility Assessment may list such units as solid waste
management units at regulated TSDs.
2.1.5 Implementation of Generator Testing Requirements
Some generators may apply knowledge even in instances where it is
virtually impossible to determine compliance with treatment standards without
careful testing of solvent wastes. The need for generator testing may be most
acute for those generator facilities which have not traditionally conducted
analyses to determine the regulatory status of their wastes.
Section 268.7 requires in part that, generators provide certifications of
compliance with treatment standards to land disposal facilities if their waste
meets treatment standards and is thereby eligible for land disposal. Section
268.7 also provides that waste analysis data be provided to the disposal
facility by the generator, where available. Consequently, inspectors should
request off-site facilities to identify those generators that provide
certifications without, or with infrequent, waste analysis data. The
inspector may choose to identify these generators as possible targets for
inspection. In conducting these inspections, it is suggested that the
inspector be equipped to take a sample for testing of the concentration of
F-solvent constituents in the waste to determine compliance with treatment
standards.
2-5
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OSVER 9938.1
2.1.6 Treatability Group Identification
As discussed earlier, the regulation provides for tvo treatability
groups, one for wastevaters containing spent solvent and one for "all other"
spent solvent wastes. §§268.40 and 268.41. A special subcategory of the
vastevater treatability group exists for methylene chloride generated by
pharmaceutical facilities. The definition of "vastevater" for purposes of
establishing treatability groups appears in the preamble to the regulation as
"... solvent-vater mixtures containing total organic carbon of one percent
or less." Inspectors should determine vhether handlers are determining
appropriate treatability groups correctly.
Inspectors should conduct a pre-inspection reviev to determine if the
handler has a variance from a treatment standard as provided for in §268.44.
If a variance has been approved by the Administrator (i.e., a final decision
vas published in the Federal Register) the inspector should reviev this
variance prior to conducting the inspection. If the facility receiving the
variance is a generator, the inspector may also choose to visit the associated
treatment and disposal facility to determine compliance vith the variance.
2.1.7 Oversight of Wastes Claimed to be Eligible for National Capacity
Variances
Regulations implementing the solvent land disposal restrictions program
provide two-year national capacity variances from BOAT standards for certain
solvent wastes. §268.30. For example, solvent-water mixtures containing less
than one percent total F001-F005 constituents are eligible for this variance.
Because handlers claiming eligibility for these variances are not required to
file applications, there is presently no administrative means to evaluate the
validity of these claims before the handler acts on its assessment. A
facility claiming eligibility needs to have information supporting its
position. For example, sampling information establishing less than 1 percent
concentration in the vastestream could be available.
2.2 F-SOLVENT VASTE MANAGEMENT AT TSDs
This section provides a brief discussion of some enforcement concerns
associated vith that community.
Inspectors should verify which units F-solvent vastes are being managed
in, and vhether those units are meeting associated requirements. For example,
are the units meeting the minimum technology requirements and Subpart F
requirements as discussed in Section 1. A number of facilities vere using, or
vere potentially using storage surface impoundments for F-solvents vastes
prior to November 8, 1986. F-solvent vastes exceeding treatment standards may
not be placed in these impoundments after November 8, 1986.
2-6
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OSUER 9938.1
2.2.1 Waste Analysis Concerns at TSDs
Testing is a critical part of the restriction program. Onsite and
offsite TSDFs are required to revise waste analysis plans (VAPs) and conduct
testing and analyses to meet the new requirements. See amendments to
§§264.13 (a)(l),(b)(6),(7); 265.13(a)(l),(b)(6),(7). These plans must be
comprehensive and require testing sufficient to determine whether wastes are
F-solvent wastes and whether they are in compliance with applicable treatment
standards. The goal is to increase the likelihood of intercepting false and
incorrect certifications and prevent the land disposal of wastes that do not
meet treatment standards or exemptions.
Vaste analysis plans could be inspected either during onsite inspection
or as part of the permit review process. In-house review of the
comprehensiveness of these waste analysis plans in F-solvent waste
identification and compliance with treatment standards is recommended prior to
field visits, assuming these plans are available in the Regional/State office.
As discussed previously, facilities using treatment surface impoundments, per
the regulatory exemption, must have submitted their revised waste analysis
plans for review by the Regional Administrator. §268.4(a((4).
In addition, facilities are required to expand their operating records.
§§264.73(b)(3), (10)-(14); 265.73(b)(3), (8)-(12).
On-site facilities that treat, store, and/or dispose of their own wastes
are not required to prepare generator or treatment certifications, but are
required to test waste to determine the need for and adequacy of treatment and
maintain records except those on manifests. §§264.73(b)(14), 265.73(b)(12).
However, because an independent check on these facilities will not be
conducted by other RCRA-regulated handlers, the potential for invalid analyses
is increased. These types of facilities also may take advantage of the
knowledge clause in the waste analysis section of the restrictions regulations
to avoid testing altogether. These facilities are required to prepare waste
analysis plans and keep records.
Detecting dilution, which is not allowed under the restrictions program
as a treatment method, also will be difficult. Modifications to waste routing
to combine dilute and restricted waste may result in dilution and would not be
apparent during a compliance inspection. This likely will occur at facilities
with onsite wastevater treatment facilities.
Another concern at onsite facilities is the use of 264/265 "exempt"
units, such as boilers and furnaces. These boilers may not achieve the level
of performance achieved by 265/265 incinerators. Consequently, inspectors
will want to review how facilities determine whether waste residuals from
these units are subject to the restrictions program.
2-7
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OSVER 9938.1
field visits, assuming these plans are available in the Regional/State office.
As discussed previously, facilities using treatment surface impoundments, per
the regulatory exemption, must have submitted their revised vaste analysis
plans for review by the Regional Administrator. §268. 4(a( (A) .
In addition, facilities are required to expand their operating records.
§§264.73(b)(3), (10)-(U); 265. 73(b)(3) . (8)-(12).
On-site facilities that treat, store, and/or dispose of their own wastes
are not required to prepare generator or treatment certifications, but are
required to test waste to determine the need for and adequacy of treatment and
maintain records except those on manifests. §§264.73(b)(14) , 265. 73(b)(12) .
However, because an independent check on these facilities will not be
conducted by other RCRA-regulated handlers, the potential for invalid analyses
is increased. These types of facilities also may take advantage of the
knowledge clause in the waste analysis section of the restrictions regulations
to avoid testing altogether. These facilities are required to prepare waste
analysis plans and keep records. Where the plan has not been revised to
include testing that takes into account the land disposal restrictions
regulations, and the facility has not declared its F001-F005 wastes to exceed
treatment standards, the inspector should investigate the possibility of
significant violations, including possible illegal land disposal.
Detecting dilution of listed waste, which is not allowed under the
restrictions program as a treatment method, often will involve review of
processes. Modifications to waste routing to combine dilute and banned waste
may result in dilution. This is most likely to occur at facilities with
onsite wastewater treatment facilities. Inspectors should inquire into
anticipated assertions of legitimate process changes.
Another concern at onsite facilities is the use of 264/265 "exempt"
units, such as boilers and furnaces. Consequently, inspectors will want to
review how facilities determine whether waste residuals from these units are
subject to the restrictions program.
Off-site facility inspections should evaluate whether facilities are
complying with regulatory requirements for testing, waste analysis plans and
recordkeeping requirements and their own analysis and operating plans. Of
particular interest is whether these facilities waste analysis plans require
information from generators on the generating processes (to identify
wastestreams) and obtain waste analysis data through testing of the waste to
determine that the wastes are in compliance with the applicable treatment
standards. In addition, based upon their review and evaluation of generator
information has the facility identified any inadequacies or discrepancies in
manifests or notifications and certifications. If so, how were the
discrepancies resolved? The testing methods must be reviewed. The inspector
should also review operating record files.
2-8
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OSVER 9938.1
should check to determine whether a "minimum technology checklist" has been
filled out during a previous inspection of the facility. If not, the
inspector should complete that checklist during the inspection.
To verify that the facility is in compliance vith ground-water monitoring
requirements, the inspector should ensure that the CME checklist has been
completed. If it has not been completed, a ground-water inspection should
take place.
Further, the inspection must verify that residuals are tested annually
and removed as necessary and that such removal has not damaged the unit's
liners. The inspector must also review records demonstrating that treatment
occurs in the impoundment.
If the owner/operator of a surface impoundment accepts only wastes
consisting of low concentration (1% of less) solvent-water mixtures subject to
an extension or other solvent wastes meeting treatment standards, it is not
necessary to obtain the treatment exemption. In verifying compliance with the
treatment standards, the inspector should verify the records on the
concentration of wastes discharged into the impoundment. If the concentration
is greater than one percent F001-F005 constituents or fails to satisfy the
treatment standards, the unit must be in compliance with minimum technology
requirements, or have been granted an exemption from those requirements.
2.2.3 Technology Requirements for "Extension" of Wastes
F-solvent wastes exceeding standards may be placed in a surface
impoundment, landfill or other land disposal unit if the waste has received a
national or case-by-case extension and the facility at which the waste is
disposed is in compliance with applicable minimum technology requirements.
RCRA §3004(h)(4). This means that any new landfill or surface impoundment
units, and any expansions or replacements of existing landfill surface
impoundment units at the facility must be in compliance with the minimum
technology requirements. The relevant minimum technology requirements for
wastes subject to extensions that are placed in existing units are different
from the requirements for wastes exceeding treatment standards that are placed
in existing surface impoundments. For wastes subject to an extension, the
minimum technology design requirements apply to all new, replacement, and
expanded units at the facility. In contrast, to be eligible for the
"treatment surface impoundment" exemption, an impoundment must meet the
minimum technology standards that apply to new and expanded units even if the
unit is not new or expanded. The result is that for the treatment impoundment
exemption, the minimum technology requirements become applicable to existing,
unexpanded units in November 1986, whereas in the case of wastes subject to
the case-by-case and national extensions, existing, unexpanded units need not
comply with the minimum technology requirement until November 1988.
2-9
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OSVER 9938.1
3. SUPPORTING EVIDENCE
Type of Facility:
- Generators, including generators that treat, store or dispose.
Violations*
1. Improper disposal of
prohibited wastes onsite
Supporting Evidence
Check "facility records" including:
- Biennial reports
- State annual reports
- Manifest records
- Notifications
- Part A/part B submissions
[Part A - facility diagrams 270.13(h)J
- TSDF records (stoppage/slowdown
of shipments)
These records may indicate recent
modifications of waste handling
practices.
2. Improper disposal of
prohibited wastes offsite
3. Invalid or falsified
certification
4. Misclassification of wastes
5. Exceeds 90 day storage
Interview employees, or other witnesses
who may have knowledge of recent changes
in generator's waste handling practices.
Document interview responses. Obtain
sample/analysis of wastes stream.
Review facility records. If generator
does not ship wastes as hazardous wastes,
obtain copies of bills of lading to
ascertain identification of shipments.
Review purchasing records (shipment
billing) to track shipments. Review TSDF
records as indicated by stoppage/slowdown
of shipment of F-wastes. Review
generator's biennial reports and
manifests.
Review facility records, and TSDF records.
Review generator records which backup the
certification. Obtain sample/analysis to
verify treatment standards met.
Review facility records.
If labeled, check dates. Photograph is
greater than 90 days. Check dates on
manifest. Review agency records to
determine whether Part A was submitted.
*/Contact Special Agent-in-Charge if criminal action is suspected.
3-1
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OSVER 9938.1
Type of Facility:
- Generators, including generators that treat, store or dispose (con't)
Violations*
6. Failure to notify/certify
7. Deficient waste determination
Supporting Evidence
Copy manifest/check files for
certification or notification
Review facility records. Obtain
sample/analysis of waste.
Type of Facility:
- Commercial Disposal
Violations*
1. Land filling of restricted
waste clearly identified by
generator.
Inadequate waste analysis
plan resulting in land
disposal of wastes not
clearly identified by
generator.
Inadequate waste analysis/
failure to revise waste
analysis plan in accordance
with regulation. Failure to
follow waste analysis plan.
Supporting Evidence
Check copies of generator's certification
sent to facility. Sample/analyze waste
shipment. Photograph improper labeling of
waste. Check waste product records.
Copy manifest. Check for certification or
notification. Check waste product
records. Check commercial disposal
facilities waste analysis records.
Sample/analyze was testream if necessary.
Review waste analysis plan. Verify
absence of amended waste analysis plan.
Type of Facility:
- Commercial Treatment
Violations*
1. Shipped waste to land
disposal with invalid or
false certification
2. Falsification of treatment
records/test results
Supporting Evidence
Obtain copies of certification and waste
analysis records. Obtain sample/analysis
of shipment if possible. Copy operating
records showing disposal occurred.
Obtain copies of falsified records.
Obtain copies of lab bench sheets.
*/Contact Special Agent-in-Charge if criminal action is suspected.
3-2
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OSWER 9938.1
Type of Facility:
- Commercial Treatment (con't)
Violations*
3. Dilution of wastes
4. Reclassifying restricted
vastes (F001-5) and shipping
to land disposal as D001, etc.
5. Inadequate vaste analysis
plan. Failure to follow
waste analysis plan.
6. Placement of F001-F005
wastes in treatment surface
impoundments that do not
meet minimum technology
requirement.
Supporting Evidence
Check facility records. Attempt to
perform a mass balance of incoming raw
material versus outgoing waste shipments.
Check manufacturing processes to determine
whether physical alterations exist which
would indicate dilution. Interview
employees who may have knowledge of
practices which could indicate alteration
of industrial process. Document interview
responses.
Check facility records with regard to
classification of wastes.
Review waste analysis plan/verify absence
of amended waste analysis plan.
Check facility records. Review surface
impoundment design to ascertain compliance
with minimum technology standards.
Sample/analyze wastestream.
*/Contact Special Agent-in-Charge if criminal action is suspected.
3-3
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OSVER 9938.1
LAND DISPOSAL RESTRICTION CHECKLIST
PRE-INSPECTION REVIEW
Prior to conducting an F-solvent waste land disposal restrictions program
inspection, the inspector will need to conduct a pre-inspection review. As
part of that review, the inspector will need to assemble and analyze a number
of different documents available in the Regional and State offices. The
nature and extent of this file review is dependent on the type of activities
conducted at the site (e.g., generation, transportation, treatment, or
disposal). The following discussion provides a listing of materials that need
to be assembled and analyzed prior to conducting inspections for generators,
transporters, and TSDFs.
4-1
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OSUER 9938.1
GENERATOR PRE-INSPECTION REVIEW
1. Did the generator notify the Agency that it was generating an F-solvent
waste on Form 8700-12 (Request for I.D. Number) [262.12J?
2. Has the generator achieved interim or permitted status as a storage
facility by filing a Part A, Part B, or via an interim status compliance
letter (ISCL)?
3. Is the generator a pharmaceutical plant?
4. Have all the generator's F-solvent wastes been delisted by the Agency?
5. Has the generator been granted a case-by-case extension by the Admini-
strator [268.5J? And, if so, is that extension still in effect? If the
extension is in effect, has the generator been providing progress reports
on time?
6. Is the generator a Small Quantity Generator (100-1,000 Kg/month) of
F-solvents [268.30J? (Determine whether the national capacity extension
applies.)
7. Is the F-solvent waste generated by a RCRA Corrective Action or a CERCLA
response? If so, is the waste considered soil or debris [268.30]?
8. Is the F-solvent waste a solvent-water mixture, solvent-containing
sludge, or solvent-contaminated soil containing less than one percent
total F001-F005 constituents by weight [268.30]? (Determine whether
national capacity extension applies.)
9. Is the F-solvent waste a wastewater (a solvent-water mixture containing
total organic carbon of one percent or less) [268.30]? (Determine
appropriate BOAT level.)
10. Has the facility at which the generator's waste is disposed been granted
a variance from treatment standards per [268.44] (i.e., did the final
decision appear in the Federal Register?)
11. Has the facility at which the generator's waste is disposed received a
"no migration" waiver [268.6] or a case-by-case extension [268.5]?
4-2
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OSVER 9938.1
TRANSPORTER PRE-INSPECTION REVIEV
1. Did the transporter notify the Agency that it is engaged in the transport
of F-solvent wastes by filing Form 8700-12 [263.11] (Request for I.D.
Number)?
2. Does the transporter also have interim or permitted status as a storage
facility?
4-3
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OSVER 9938.1
TSDF PRE-INSPECTION REVIEV
General
1. Did the facility obtain interim or permitted status for the treatment,
storage, or disposal of F-solvent wastes?
2. Does the facility's Part A or Part B indicate that storage surface
impoundments are being used to store F-solvent wastes?
Treatment Surface Impoundments [268.4]
3. Does the facility's Part A or Part B indicate that treatment surface
impoundments are being used to treat F-solvent wastes?
4. Has the facility submitted a certification as required by [268.4(a)(4)]
that the requirements of [268.4(a)(3)] have been achieved?
5. Has the facility been granted a waiver from minimum technology require-
ments as described in [268.3(a)(3)(i), (ii), or (iii)j?
6. If the facility has not been granted a waiver from minimum technology
requirements, and has submitted a [268.4] certification, what do the
inspection files indicate regarding the facility's compliance with
Subpart F?
7. Has the facility submitted a waste analysis plan required by
[268.4(a)(2)j?
Case-by-Case Extensions [268.5]
8. Has this facility been granted a case-by-case extension per [268.5]?
9. Is the facility currently operating within the extension period?
10. Is the facility providing progress reports on time?
11. What do the files indicate regarding the facility's compliance with
Subpart F?
12. List the generators that appear in the TSDF's application.
Variance from Treatment Standard [268.44]
13. Has the treatment facility been granted a treatability variance?
14. Uhat is the new BOAT treatability limit for the applicable F-solvent
waste?
4-4
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OSVER 9938.1
"No Migration" Waivers [268.6]
15. Has the facility been granted a "no migration" vaiver as provided for in
[268.6]?
16. Is the facility operating within the terms of the waiver?
17. What is the volume limit of the waiver?
4-5
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OSVER 9938.1
Inspector:
Address:
Telephone No:
DRAFT
RCRA LAND RESTRICTION F-SOLVENT
GENERATOR CHECKLIST
I. HANDLER IDENTIFICATION
A. Handler Name B. Street (or other identifier)
C~.City b~!State IT Zip Code F\ County Name
G~.Nature of Business; Identification of Operations
I~. Handler Contact (Name and Phone Number)
II. GENERATOR COMPLIANCE
A. F-Solvent Identification
1. Does the handler generate the following wastes?
a. F001 Yes No
b. F002 Yes No
c. F003 Yes No
If an F003 wastestream listed solely for ignitability has been mixed with a
non-restricted solid or hazardous waste, does the resultant mixture exhibit the
ignitability characteristic? Yes No
d. F004 Yes No
e. F005 Yes No
2. Source of the above: Form 8700-12 ; Part A ; Part B ;
other (specify)
Appendix A is intended to assist the inspector and enforcement official in determining
whether the facility is generating F-solvent wastes, if such wastes were not identified by
the facility previously. If you are concerned that F-solvent wastes may be misclassified
or mislabeled, turn to Appendix A. Note concerns below:
GEN-1
-------
OSUER 9938.1
Handler Name;
ID Number: _
Inspector: _
Date:
B. BOAT Treatability Group - Treatment Standards Identification Comments
1. Did the generator correctly determine the
appropriate treatability group [268.41] of the
waste (Vastevaters containing solvents,
pharmaceutical vastevaters containing spent
methylene chloride, all other spent solvent
wastes)?
Yes No
C. Waste Analysis
1. Did the generator determine whether the waste
exceeds treatment standards based on [268.7(a)J:
a. Knowledge of wastes Yes No
b. TCLP Yes No
c. Other (specify)
If knowledge, note how this is adequate:
If determined by TCLP, provide date of last test,
frequency of testing, and attach test results.
Dates/frequency:
Note any problems:
d. Were wastes tested using TCLP when a process or
was test ream changed?
Yes No
2. Did the F-solvent wastes exceed applicable
treatability group treatment standards upon
generation (268.7(a)(2)J? Yes No
Some
3. Did the generator dilute the waste or the treatment
residual so as to substitute for adequate treatment
[268.3J Yes No
D. Management
1. Onsite management
a. Were F-solvent wastes managed onsite?
Yes No
If yes, answer l(b) and (c); if no, answer 2.
GEN-;
-------
OSVER 9938.1
Handler Name:
ID Number: _
Inspector: _
Date:
b. For wastes that exceed treatment standards, was Comments
treatment, storage, and/or disposal conducted?
Yes No
If yes, TSDF Checklist must be completed.
c. Are test results maintained in the operating
record [264.74(b)3/265.73(b)(3)J?
Yes No
2. Offsite Management
a. If F-solvent wastes exceed treatment standards,
did generator provide treatment facility
[268.7(a)(l)J:
(i) EPA waste number? Yes No
(ii) Applicable treatment standard? Yes No
(iii) Manifest number? Yes No
(iv) Uaste analysis data, if available?
Yes No
Identify offsite treatment facilities
b. If F-solvent wastes did not exceed treatment
standards, did generator provide the disposal
facility (268.7(a)(2) j:
(i) EPA Hazardous waste number? Yes No
(ii) Applicable treatment standard? Yes No
(iii) Manifest number? Yes No
(iv) Waste analysis data, if available?
Yes No
(v) Certification that waste meets
treatment standards? Yes No
Identify land disposal facilities receiving the BOAT
certified wastes ____^_
GEN-3
-------
OSVER 9938.1
Handler Name:
ID Number: _
Inspector: _
Date:
c. If waste is subject to nationwide variance Comments
[268.30] (e.g., solvent-water mixtures less
than 12), case-by-case extension [268.5J or
petition [268.6j does generator provide notice
to disposer that waste is exempt from land
disposal restrictions [268.7(a)(3>J?
Yes No
E. Storage of F-Solvent Waste
1. Was F-solvent waste stored for greater than 90
days (after variance 180/270 days for SQG)
[268.50(a)(l)J?
Yes No
If yes, was facility operating as a TSD under interim
status or final permit? Yes No
If yes, TSDP Checklist must be completed.
F. Treatment Using RCRA 264/265 Exempt Units or Processes
(i.e., boilers" furnaces, distillation units,
wastewater treatment tanks, etc.)
1. Uere treatment residuals generated
from RCRA 264/265 exempt units or
processes? Yes No
If yes, list type of treatment unit and processes
If the residuals from a RCRA-exempt treatment unit are above the treatment
standards, the owner/operator is considered a generator of restricted vaste.
The inspector should determine whether the generator requirements, particu-
larly vaste identification requirements, have been met for the treatment
residuals.
GEN-4
-------
DRAFT
OSVER 9938.1
Handler Name:
ID Number: '
Inspector:
Date:
TRANSPORTER CHECKLIST
I. FACILITY IDENTIFICATION
A. Site Name
B. Street (or other identifier)
C. City
D. State
E. Zip Code
F. County Name
G. Description of Operations
H. EPA ID ft
I. Facility Contact (Name and Phone Number)
II.
A.
1.
B.
C.
TRANSPORTER REQUIREMENTS
Does the transporter store restricted
vastes for greater than 10 days
[268.50(a)(3)J?
If yes, does transporter have
264/265 status as storage facility
(e.g., has submitted part A?)
Does a review of records indicate
storage of restricted vastes for
greater than 10 days?
Describe inventory controls to ensure
that restricted vastes are not stored
for greater than 10 days.
Comments
Yes No
Yes No
Yes No
TRAN-1
-------
OSVER 9938.1
Facility Name:
ID Number: '
Inspector:
Date:
DRAFT
RCRA F-SOLVENT LAND RESTRICTION
TREATMENT, STORAGE, AND DISPOSAL REQUIREMENTS CHECKLIST
I. FACILITY IDENTIFICATION
A. Facility Name
B. Street (or other identifier)
C. City
D. State
E. Zip Code
F. County Name
G. Nature of business; identification of operations
H. EPA ID #
I. Facility Contact (Name and Phone Number)
II.A. For onsite facilities, complete the generator checklist Comments
B. General Facility Standards
1. Was waste analysis plan revised to cover
Part 268 requirements [264.13 or 265.13J?
Yes
No
2. Did facility obtain representative chemical and
physical analysis of wastes and residues
1264.13(a)/265.13(a)J?
Yes
No
a. Did testing include analyses for all F001-F005
constituents? Yes No
b. Were analyses performed using TCLP? Yes
No
c. Were analyses conducted onsite or offsite (identify
offsite lab)? On Off:
d. Describe frequency of sampling
e. Describe procedures used to identify manifest
discrepancies
3. Are the operating records, including analyses and
quantities, complete [26-4.73/265.73]? Yes
TSDF-1
No
-------
OSVER 9938.1
Facility Name:
ID Number: '
Inspector:
Date:
Storage [268.50] Comments
a. Vere restricted wastes exceeding treatment
standards stored? Yes No
If no, go to "D."
b. Are all containers clearly marked to identify
content and date(s) entering storage?
Yes No
c. Do operating records track the location, quantity
and dates that waste exceeding treatment standards
entered and were removed from storage?
Yes No
d. Do operating records agree with container labeling?
Yes No
e. Is waste exceeding treatment standards stored for
less than 1 year? Yes No
If yes, can you show that such accumulation is not
necessary to facilitate proper recovery, treatment,
or disposal? Yes No
If yes, state how:
Vere tanks emptied at least once per year, and do
operating records show that volume of waste removed
from tanks annually at least equals tank volume?
Yes No
Was/is waste exceeding treatment standards stored
for more than one year? Yes No
If yes, state the owner/operator's proof that such
storage was solely for the purposes of accumulation
of such quantities of hazardous waste as are
necessary to facilitate proper recovery, treatment,
or disposal:
h. Are F-solvent wastes exceeding treatment standards
"stored" in surface impoundments? Yes No
D. Treatment in Surface Impoundments [268.4)
1. Vere F001-F005 wastes exceeding treatment standards
placed in surface impoundments for treatment?
Yes No
If no, go to B.
TSDF-2
-------
OSVER 9938.1
Facility Name:
ID Number: '
Inspector:
Date:
2. Did the facility submit a certification of compliance Comments
with minimum technology and ground vater monitoring
requirements, and the waste analysis plan to the
Agency? Yes No
3. Have the minimum technology requirements
been met? Yes No
a. If the minimum technology requirements have not
been met, has a waiver been granted for that
unit(s)? Yes No
4. Have the Subpart F ground-water monitoring requirements
been met? Yes No
5. Have representative samples of the sludge and
supernatant from the surface impoundment been tested
separately, acceptably, and in accordance with the
sampling frequency and analysis specified in the waste
analysis plan and are the results in the operating
record [264.13/265.13] and [264.73/265.73]?
Yes No
6. Did the hazardous waste residue (sludge p_r liquid)
exceed the treatment standards specified in [268.41]?
Yes No
J. Provide the frequency of analyses conducted on
treatment residues:
8. Does the operating record adequately document the
results of waste analyses performed in accordance with
[268.41] and [264.73/265.73] Yes No
9. Have the hazardous waste residues that exceed the
treatment standards [268.41] been removed adequately
and on an annual basis? Yes No
a. If answer is no and supernatant is determined to
exceed treatment concentrations, is annual
throughput greater than impoundment volume?
Yes No
10. If residues were removed annually, were adequate
precautions taken to protect liners and do records
indicate that inspections of liner integrity are
performed? Yes No
11. Vhen removed, were solvent wastes managed subsequently
in another surface impoundment? Yes No
TSDF-3
-------
OSVER 9938.1
Facility Name:
ID Number: "
Inspector:
Date:
12. When removed, were wastes treated prior to disposal? Comments
Yes No
a. If yes, are waste residues treated on or offsite?
Onsite Offsite
b. Identify management method
E. Treatment
1. Did the facility operate treatment facilities for
F-solvent waste (not including surface impoundments)?
Yes No
If no, go to "F."
2. Describe the treatment processes for F-solvent wastes.
Does the facility, in accordance with an acceptable
waste analysis plan, verify that the residue extract
from all treatment processes for the F-solvent wastes
are less than treatment standards (268.7(b)(2)J?
Yes No
Describe frequency of testing of treatment residuals.
5. Uas dilution used as a substitute for treatment
[268.3]? Yes No
6. Are certifications and results of waste analyses kept
in the operating record [264.73(b)(3)/265.73(b)(3)] and
(268.7(c)J? Yes No
7. Are notice with waste number, treatment standard,
manifest number, and analytical data (where available)
submitted for each shipment of waste or treatment
residual that meets the treatment standard stating that
waste has been treated to treatment performance
standards [268.7(b)J? Yes No
8. Are certifications submitted for each shipment
I268.7(b)(2)(i)j? Yes No
TSDF-4
-------
OSVER 9938.1
Facility Name:
ID Number: '
Inspector:
Date:
F. Land Disposal Comments
1. Vere F-solvent vastes placed in land disposal units
(landfills, surface impoundments [for this question, do
not include if in "D"J vaste piles, veils, land
treatment units, salt domes/beds, mines/caves concrete
vault or bunker? Yes No
2. Did facility have the notice and certification from
generators/treaters in its operating record
[268.7(c); 268.7(a),(b)J? Yes No
3. Did the facility obtain vaste analysis data through
testing of the vaste to determine that the vastes are
in compliance with the applicable treatment standards
[268.7(c)J? Yes No
If yes, at vhat frequency?
4. Vere F-solvent vastes exceeding the treatment standards
placed in land disposal units excluding national
capacity variances [268.30(a)J? Yes No
If yes, did facility have an approved vaiver based on
no migration petition [268.6J or approved case-by-case
capacity extension [268.5] or treatment standard
variance [268.44]? Yes No
5. Vere F-solvent vastes subject to a national or case-by-
case capacity variance/extension disposed?
Yes No
a. If yes, vere these vastes disposed of in a facility
that has a nev, replacement, or laterally expanded
landfill or impoundment? Yes No
If (a) is yes, have the minimum technology
requirements been met for all such units at the
facility [268.5(h)(2)J and [268.30(b)J?
Yes No
6. Vere adequate records of disposal maintained?
Yes No
7. If vastes subject to a nationvide variance [268.30],
case-by-case extensions [268.5], or no migration
petitions [268.6] were disposed, does facility have
notices [268.7(a)(3)j and records of disposal?
Yes No
8. Vhat is the volume of F-solvent vaste disposed to date
by vaste?
TSDF-5
-------
OSVER 9938.1
Facility Name:
ID Number:
Inspector:
Date:
9. If the facility has a case-by-case extension, can the Comments
inspector verify that the facility is making progress
as described in progress reports [268.5J?
Yes No
TSDF-6
-------
OSVER 9938.1
Handler Name:
ID Number: _
Inspector: _
Date:
APPENDIX A Comments
SOLVENT IDENTIFICATION CHECKLIST
1. Does the handler generate any of the following F001
constituents (i.e., spent halogenated solvents used in
degreasing) as a result of being used in the process
either in pure form or commercial grade?
tetrachloroethylene Yes No
trichloroethylene Yes No
methylene chloride Yes No
1,1,1-trichloroethane Yes No
carbon tetrachloride Yes No
chlorinated fluorocarbons Yes No
2. Does the handler generate any of the following F002
constituents (i.e., spent halogenated solvents) as a
result of being used in the process either in pure form
or commercial grade?
tetrachloroethylene Yes No
trichloroethylene Yes No
methylene chloride Yes No
1,1,1-trichloroethane Yes No
chlorobenzene Yes No
trichlorofluoromethane Yes No
l,l,2-trichloro-l,2,2-trifluoroethane Yes No
ortho-dichlorobenzene Yes No
3. Does the handler generate any of the following F003
constituents (i.e., spent nonhalogenated solvents) as a
result of being used in the process either in pure
form or commercial grade?
xylene Yes No
acetone Yes No
ethyl acetate Yes No
ethyl benzene Yes No
ethyl ether Yes No
methyl isobutyl ketone Yes No
n-butyl alcohol Yes No
cyclohexanone Yes No
methanol Yes No
If the F003 vastestream has been mixed with a solid
waste, does the resultant mixture exhibit the
ignitability characteristic? Yes No
A-l
-------
OSUER 9938.1
Handler Name:
ID Number: _
Inspector: _
Date:
4. Does the handler generate any of the following F004 Comments
constituents (i.e., spent nonhalogenated solvents) as a
result of being used in the process either in pure form
or commercial grade?
cresols and cresylic acid Yes No
nitrobenzene Yes No
5. Does the handler generate any of the following F005
constituents (i.e., spent nonhalogenated solvents) as a
result of being used in the process either in pure form
or commercial grade?
toluene Yes No
methyl ethyl ketone Yes No
carbon disulfide Yes No
isobutanol Yes No
pyridine Yes No
6. Are any of the constituents listed in the questions 1-5
used for their "solvent" properties — that is to
solubilize (dissolve) or mobilize other constituents?
The following questions will be helpful in confirming
this determination.
(a) Chemical carriers? Yes No
If the answer is yes, list the constituents.
(b) Degreasing/cleaning? Yes No
If the answer is yes, list the constituents.
(c) Diluents? Yes No
If the answer is yes, list the constituents.
A-2
-------
OSVER 9938.1
Handler Name:
ID Number:
Inspector:
Date:
(d) Extractants? Yes No Comments
If the answer is yes, list the constituents.
(e) Fabric scouring? Yes No
If the answer is yes, list the constituents.
(f) Reaction and synthesis media? Yes No
If the answer is yes, list the constituents.
If questions 1-6 led the inspector to believe that the vaste may be an
F-solvent, answer question 7.
7. Are any of the above constituents spent solvents? A
solvent is considered "spent" when it has been used and
is no longer used without being regenerated, reclaimed,
or otherwise reprocessed. Yes No
8. If the waste is a mixture of constituents as determined
in questions 1-7, answer this to determine whether it
is a "solvent mixture" covered by the listings.
If the wastestream is mixed and contains more than one
of the F001-F005 constituents listed in questions 1-5
(by volume), give the concentration before use of all
the constituents in the solvent mixture/blend. For
example:
52 methylene chloride
2% trichloroethylene
252 1,1,1-trichloroethane
682 mineral spirits
TOO*
If the wastestream is a mixture containing a total of
102 or more (by volume) of one or more of the F001,
F002, F004, or F005 listed constituents before use, it
is a listed waste.
A-3
-------
OSVER 9938.1
Handler Name!
ID Number: _
Inspector: _
Date:
With respect to the F003 solvent wastes, if, before Comments
use, the vastestream is mixed and contains only F003
constituents, it is a listed vaste. For example:
332 acetone
16% methanol
51% ethyl ether
If the vastestream is a mixture containing F003
constituents and a total of 10% or more of one or more
of the F001, F002, F004, and F005 listed constituents
before use, it is a listed waste.
For example:
50% xylene F003
12% TCE F001
38% mineral spirits
If in light of the above, the handler appears to be
generating F001-f005 hazardous wastes, refer this
facility to the enforcement official for follow-up
actions verifying the use of solvents at the facility.
A-4
-------
OSVER 9938.1
APPENDIX B
TREATHENT STANDARDS FOR P-SOLVENTS
F001-F005 SPENT SOLVENTS
Acetone
N-butyl alcohol
Carbon disulfide
Carbon tetrachloride
Chlorobenzene
Cresols (and cresylic acid)
Cyclohexanone
1 , 2-dichlorobenzene
Ethyl acetate
Ethyl benzene
Ethyl ether
Isobutanol
•ethanol
Methylene chloride
Methylene chloride (from the pharmaceutical
industry)
Methyl ethyl ketone
Methyl isobutyl ketone
Nitrobenzene
Pyridine
Tetrachloroethylene
Toluene
1,1, 1-Trichloroethane
1,2,2-Trichloro 1 , 2, 2-trifluoroethane
Trichloroethylene
Trichlorof luorome thane
Xylene
CONCENTRATION
VASTEVATERS
- 0.05
5.0
1.05
.05
.15
2.82
.125
.65
.05
.05
.05
5.0
.25
.20
12.7
0.05
0.05
0.66
1.12
0.079
1.12
1.05
1.05
0.062
0.05
0.05
(IN MG/L)
OTHER WASTES
0.59
5.0
A. 81
.96
.05
.75
.75
.125
.75
.053
.75
5.0
.75
.96
.96
0.75
0.33
0.125
0.33
0.05
0.33
0.41
0.96
0.091
0.96
0.15
B-l
-------
APPENDIX C
LIST OF U WASTES (40CFR 261.33(f)
"OMI •»
.OC1
.••I
J'44
.!'•
.CO]
.00)
-004
.001
.00*
.00'
.001
.00*
jtJO
.321
jJJJ
-C'l
jO'4
.0')
.O'O
-O'i
.:•*
.3*4
-S-J
.•it
.CM
.>OM
.CM
.J"
M
*c»t* 404. t
4cr< K4 t
'Ctnc K« "
•CilOi-4 '"
at o I> or «(i
. «•? >«.
-------
Ml)
-------
.-11
.CM
.CM
.CM
.:«•
.'3'
",-n
.90'
w ' "«
.0*'
U''4
yijl
JC14
jOW
y.lf
31 3
J«r»
'J0*»
U04|
Jl'fl
,''1
.90*
«oot
."1
.'•J
.]»
.CM
-' '«
.0*'
."I
-•a
.•n
.21)
.11
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.•ii
.'»
j'X
jOW
------- |