U.S. Environmental Protection Agency
Office of Waste Programs Enforcement
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Toxicity Characteristic
Enforcement Workshop
1991
Printed on Recycled Paper
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Toxicity Characteristic
Enforcement Workshop
U.S. EPA Region III
Regional Center for Environmental
Information
1650 Arch Street (3PM52)
Philadelphia, PA 19103 ,r
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Toxicity Characteristic Enforcement Workshop
GOALS
• To gain a better understanding of:
TC Rule
Enforcement authorities and Enforcement Response Policy
TC Enforcement issues
• To apply knowledge to:
Identifying TC violations
Responding to TC violations
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Technical Assistance and Training Branch
OWce ol Waste Programs Enforcement
RCRA Enforcement Division 1
Technical Assistance ft Training Branch
Training
- Guidance
- Order Review
Regulation Development
and Review
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RED Mission Statement
• We value and protect human health and the environment through overseeing the
proper management of solid and hazardous wastes. This is achieved by requiring
compliance with the regulation, preventing pollution, and compelling facility cleanup.
• We accomplish this by: advocating enforcement; creating an effective deterrence to
noncompliance; providing national direction, assistance, and oversight of regional and
state enforcement programs; and wisely managing our human and fiscal resources.
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Toxicity Characteristic Rule
• Environmental concern
— Some wastes, which we believed should be regulated as hazardous wastes,
were not brought in by the EP
• Mandated by HSWA
- Increase number of regulated constituents
Revise the extraction procedure
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Hazardous Waste Definition
• Listed
*
• Characteristic
1-f
Ignitable
Corrosive
Reactive
TC Toxic
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EP Toxicity Characteristic (1980)
• 14 Constituents
8 metals, 4 insecticides, 2 herbicides
• Regulated levels
100 x National Interim Primaiy Drinking Water Standards
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Toxicity Characteristic Rule (March 29, 1990)
• 25 organic constituents added to existing 14 EP constituents
wide range of organics (e.g., chlorinated compounds, carcinogens, solvents)
• Regulatory Levels defined
• Decision on 13 organic constituents deferred
Agency could not adequately model subsurface fate and transport
• TCLP replaced EP
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Regulatory Levels
Codeposition "mismanagement scenario"
Regulatory Level = DAF x CTRL
Dilution Attenuation Factor x Chronic Toxicity Reference Level
• DAF of 100 for all constituents
• Retained regulatory levels for EP-toxic constituents
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Example TC Constituents (Appendix A)
Waste
CTRL
Regulatory
Code
Constituent
Basis
CTRL x DAF
Level
D012
Endrin
MCL
0.0002x100
0.02
D036
Nitrobenzene
RFD
0.02 x 100
2.0
D042
2,4,6-Trichlorpphenol
RSD
0.02 x 100
2.0
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Toxicity Characteristic Leaching Procedure (TCLP)
• 40 CFR Part 261, Appendix II - Method 1311
• TC may be more aggressive on metals than the EP
• Hard to filter wastes may present analytical problems
• Revised TCLP used for LDR purposes
HP"
• The TCLP is designed to determine the mobility of both organic and inorganic
constituents present in liquid, solid, and multiphasic wastes.
• Liquid wastes (< 0.5% solids) are analyzed directly for TC constituents. In other
wastes, liquids and solids are separated. Solids are reduced in size, if necessary, and
are immersed and agitated in the leaching medium for 18 hours. The extract from this
procedure is mixed with the separated liquid (if present and miscible) and the resultant
mixture is analyzed for TC constituents.
• Filtration, extraction and/or separation of a waste are used to test nonvolatile
constituents.
• Zero-Headspace Extraction Vessel (ZHE) is used to test for nonvolatile constituents.
• Procedures for analyzing constituents are revised in a 6/29/90 FR Notice (p. 26986 -
26998).
• The revised TCLP will also be used for land disposal restriction compliance purposes
(with two exceptions, certain lead and arsenic wastes, for which the EP can be used).
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Generator Testing Requirements
• TC Rule does not change generator testing requirements for characteristics
• Generators may test or use knowledge of process but must be correct
• If waste is determined to be hazardous, generators must keep records for three years
If knowledge is used, generators must have information about chemistry of the waste or process. For
example:
Information indicating no TC constituents in raw materials or waste
Flow diagrams, process schematics, mass balance
QA/QC data
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Toxicity Characteristic Rule - Compliance Dates
• September 25,1990 Large quantity generators
Treatment, storage and disposal facilities
• March 29,1991 Small quantity generators
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Relation to Other Subtitle C Regulations
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Relation to Other EPA Programs
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TC Compliance/Enforcement Strategy
• Universe Affected by the TC Rule
• Regulatory Requirements for Generators and TSDFs
• Enforcement Responses to TC Violations
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Toxicity Characteristic Rule
dtF 7^= tclp
Rule '
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Enforcement Overview
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Goal of Enforcement Review Section
Provide common framework for identifying and responding to TC violations.
Framework based on:
• Basic enforcement options
• Strategy, policies, studies
- TC Compliance/Enforcement Strategy
Enforcement Response Policy
- RCRA Penalty Policy
- RCRA Implementation Study
• Regional considerations
• Broad TC issues
Note: See Appendix E for further information on RCRA enforcement
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They Become Intuitively Obvious
After You Work With Them For
Several Years."
Anonymous EPA Official Discussing RCRA Regulations
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Enforcement Program Components
• Compliance Monitoring
• Enforcement Actions
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Major Federal RCRA Enforcement Authorities
Section
Authority
3007
3008
(a)
(b)
(c)
(d)
(e)
(g)
(h)
3013
7002
7003
Inspections
Compliance Orders
Public Hearings
Violation of Compliance Orders
Criminal Penalties
Knowing Endangerment
CivH Penalty
Interim Status Corrective Action Orders
Monitoring, Analysis and Testing
Citizen Suits
Imminent Hazard
Note: See comprehensive listing of Federal Authorities in Appendix F.
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Federal/State Roles
• As a HSWA rule, TC became effective at the same time in all states
• EPA responsible for enforcing the TC until state adopts TC
• In states not authorized for TC, Region/State agreements may give compliance
monitoring responsibility to states
• States that have adopted the TC may take enforcement actions under state authorities
Summary of State RCRA Enforcement Authorities (will vary with state)
• Permit denial, bar, modification, suspension/revocation
• Administrative Order
• Summary Offense
• Civil Litigation
• Contempt
• Criminal Prosecution
• Property Transfer Bare and Superflens
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Compliance Monitoring
Goals:
• Verify and collect evidence
• Deter non-compliance
• Evaluate
• Ultimate goal: protecting human health and the environment
Tools:
• Inspections
• Record/Report Reviews
Federal Inspection Authority is contained in Section 3007 which grants EPA authority to:
• Enter facility
• Inspect hazardous waste records
• Sample hazardous waste
• Request hazardous waste information
Types of Inspections:
• Compliance Evaluation Inspection (CEI)
• Case Development Inspection (CDI)
• Comprehensive Ground-Water Monitoring Evaluation (CME)
• Compliance Sampling Inspection (CSI)
• Operation and Maintenance (O & M)
• Lab Audits
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TC Impacts on Inspections
• All inspections now cover TC Rule constituents and requirements
• Increased number of inspections
• Increased search for non-notifiers
• Increased sampling
• Check ground-water monitoring system for problems which could lead to potential
violations and LOIS on 9-25-91
• Possible Increase in use of lab audits due to TCLP
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Proposed Guidance for Inspection Procedures for Targeted Facilities
(Draft EPA-National Enforcement Investigations Center (NEIC) TC Strategy)
• Notify facility in writing and list documents to be reviewed.
• Tour facility including waste generation and storage areas
• Sample waste streams and surface impoundments if facility has:
not determined if waste is TC
used knowledge of process and documentation is Inadequate
has determined by sampling that waste is not TC, but concentration is close to
TC levels
• If facility has determined waste is TC, examine documentation/analysis
Documents to review, depending on facility, may include:
• Waste analysis
• Documentation of knowledge determination
• Part A or revisions
• Part B modifications
• Manifests
• LDR Notifications and Certifications
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TC Impacts on Reporting Requirements
Handtar CMtQOfy
Report Type
Deadline
Qsnsrstors
3010
LQQs - Octobsr 29,1990
SQGs - November 2,1990
TSDs
• Now
Part A and 3010
September 25,1990
Disposal UntU
Part B
estimations
September 25,1991
8torags Units
Part B
Whan Requested
• Interim Status
Amended Part A
September 25,1990
* FMnMIM
Class 1 - PsrmH Mods
Ctass 2 or 3 - Psrmtt
Mods
September 2S, 1990
March 24,1991
Main Reporting Requirements Affected by TC
• Section 3010 Notifications
• Part A permit appHcations and amended Part A's
• Part B permit applcations
• Ground-water monitoring certification
• Financial certification
• Permit Modifications (Class 1,2, and 3)
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Enforcement Actions
Goals:
Tools:
Return to compliance
Deterrence
Fairness
• Punishment
e Effective resource use
RCRA Federal and State administrative and judteial actions
Permitting authorities
Other program authorities (e.g., CERCLA, CWA, CAA)
Citizen suits
A note on CUzen Suite:
praMnt handUng of waste which may present imminent and
substantial endangermem EPA may be an Intervenor In any such
citizen suit, or choose to file a separate suit and then move to
consolidate actions.
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Administrative Enforcement Actions
Informal Actions
• Use: Minor violations
• Form: Any 'informal" communication of noncompliance
Formal Actions
• Use:
• Form:
More severe violations or unresponsiveness
One of 4 types of Administrative Orders (A.O.'s)
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Judicial Enforcement Actions
Civil Actions
• Use: Failure to comply with statute, regulation, or A.O., or contributing to a
hazardous waste release
• Form: Formal lawsuit filed by the Department of Justice or State civil system
Criminal Actions
• Use: Knowing violations; defined in RCRA (Section 3008)
• Form: Prosecutorial action by EPA or the State
Judicial Enforcement Action is particularly appropriate if strong deterrent impact is needed, e.g., with
targeted initiatives; multimedia cases; repeat or severe violators and/or large penalties are sought; for
possible establishment of useful legal precedents; or when basic aspect of program is potentially
weakened by violation, e.g., a violation of self-reporting requirements.
Seven Criminal Actions - Section 3008
• Penalties of up to $50,000 a day and/or 2 - 5 years in jail for knowingly:
1. Transporting or causing to be transported any hazardous waste to a non-permitted
facility
2. Treating, storing or disposing of hazardous waste without a permit or in violation of a
permit or interim status standard
3. Omitting information or making a false statement in any RCRA label, manifest, report
or permit
4. Generating, storing, treating, transposrtng, disposing of, exporting, or otherwise
handling, hazardous waste in violation of recordkeeping and reporting requirements
5. Transporting, or causing to be transported, hazardous waste without a manifest
6. Exporting hazardous waste without consent of receiving country
• Penalties of up to $1,000,000 for a corporation, or $250,000 and/or up to 5 years in prison for
an individual for knowingly:
7. Placing another person in imminent danger of death or serious bodily injury ("knowing
endangerment")
Note: Refer all acts of actual or suspected criminal conduct to the Office of Criminal
Investigations or State Office or Regional Contact
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Federal RCRA Administrative Orders and Civil Actions
• Compliance • Section 3008(a)
• Corrective Action - Section 3008(h)
• Monitoring, Analysis and Testing - Section 3013
• Imminent Hazard - Section 7003
Note: Many States have own statutory authorities.
• Compliance Order/Action - (3008 (a))
Purpose: Applicable to any violation; requires compliance or return to
compliance with ang RCRA requirement
Penalty: Up to $25,000/day and/or suspension/revocation of permit or
interim status
• Corrective Action Order/ Action (3008(h))
Purpose: Compels cleanup and any other necessary response to
releases
Penalty: Up to $25,000/ day and/or suspension of interim status for
non-compliance with (h) order; imposed on 3008(a)
• Monitoring, Analysis and Testing Order/Action (3013)
Purpose: Compels evaluation in event of substantial hazard
Penalty: Up to $5,000/day if order is violated
• Imminent Hazard/Action (7003)
Purpose: Compels cleanup in event of 'imminent and substantial
endangerment"
Penalty -Up to $5,000/day if order is violated
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TC Compliance/Enforcement Strategy (January 1991)
• Identifies TC regulatory requirements and impacts on generators and TSDFs
• Uses Enforcement Response Policy as framework for TC compliance monitoring and
enforcement response
• Identifies TC compliance issues of particular concern
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Enforcement Response Policy (ERP)
• Updated in 1987, effective in 1989
• Framework for classifying violations and violators, and "timely and appropriate"
response
• Key changes include
- greater risk-based flexibility in classifying violators
more economic sanctions for High Priority Violators
• Framework for classifying TC violations and choosing appropriate responses
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Violation/Violator Enforcement Relationship
Class 1 - failure to:
Class 2 - everything not in class
Hioh Priority Violator (HPV):
Significant Non-Complier (SNC'
(highest priority HPV)
Medium Priority Violator (MPV):
assure appropriate destination (illegal disposal)
prevent release
assure early detection
perform corrective action for releases
caused substantial exposure or likelihood of exposure
chronic or recalcitrant violators
deviated from terms of permit order or decree
substantially deviated from statute or regulations
more than one Class 1 violation, but not a HPV
or
only Class 2 violations, but Administrative Order is appropriate
response
Low Priority Violator (LPV):
only Class 2 violations and not a HPV or MPV
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Examples Class 1 and 2 Violations
Class 1 Violations:
• Failure to evaluate or properly characterize a potential TC waste stream
p Failure to notify (3010 notification)
• Failure to submit Part A by 9/25/90, or proper certifications by 9/25/91
Class 2 Violations:
• Minor paperwork violations, such as omitted EPA ID # on manifest
• Failure to submit permit modification for EP waste that is TC for new constituent
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Examples of High Priority Violators (HPV)
• Fails to identify a TC waste as hazardous
• Fails to install an adequate ground-water monitoring system by deadline
• Disposes of or causing hazardous waste in a regulated quantity to be disposed of at a
non-regulated TSDF
• Fails to put accumulation date on TC waste containers
• Mixes, solidifies or otherwise dilutes a TC waste to circumvent land disposal
restrictions
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Response to High Priority Violators
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Response to Medium Priority Violators
•tMP»m«nn« i m$ ifcmn iuMKii i
Response to low priority violators
Informal action. If no compliance in 60 days consider escalation of response
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RCRA Implementation Study (RIS) Enforcement Recommendations (July, 1990)
What is the RIS?
• A comprehensive review of the RCRA hazardous waste program
• Sets direction for EPA's Strategic decision-making for next 10 years
Recommendations:
• Focus on generators and non-notifiers
• Target for deterrence
LDR initiative
TC non-notifiers
• Emphasize waste minimization
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1990 RCRA Civil Penalty Policy (Issued October 26, 1990)
• Goal: fair, consistent and appropriate penalties
• Major changes from 1984
Multi-day penalty calculation based on 4 steps
Explicit guidance for determining each step
Requires careful documentation of penalty assessment
Applies to cMi as well as administrative settlements
• 3 gravity categories based on potential for harm and deviation from regulation
• Basis for gravity determination:
MuWday Gravity-Based Penalty Matrix
Extent of Deviation from Regulatory Requirement
Major
Moderate
Minor
Major
M
M
Pr
Moderate
M
Pr
Die
Minor
Pr
Die
Die
M - Mandatory
Pr - Preeumed
Die - Discretionary
• Individual settlement factors include:
good faith efforts to comply
degree of willfulness and/or negligence
history of non-compliance
ability to pay
environmental projects
other unique factors
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Regional Considerations
•
Agency Operating Guidance (AOG)
•
Enforcement Strategic Plan
•
Regional distribution of industries
•
Waste volumes
•
Size of regulated communities
•
Initiatives (RIS and others)
•
Other?
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TC Issues: Late 3010 Notifications and Non-Notifiers
Background:
• Far fewer 3010 Notifications received than expected
• 3005(e) requires on-time 3010 for interim status for TSDFs
• Non-notifying generators have been targeted
Issues:
• Substantial deviation from statute and regulations
• Cannot gain interim status, are subject to closure, and in violation of Part 265
• What is the appropriate enforcement response?
• How can we identity non-notffiers?
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TC Issues: Late and Non-notifiers: Response
• Late and non-notifiers meet Class I and HPV criteria; non-notifiers may be SNCs
• Close facility and/or issue 3008(a) orders
• Press releases
• Outreach to SQGs
• Enforcement targeting committee
• Can be listed on NPL if late or non-notifier
• Specifics of a written guidance are forthcoming
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TC Issues: Late 3010 Notifications and Non-notifiers: Generators
• Do not have TSDF problem of illegal operation without interim status
• Same range of response options as applicable to TSDFs
• Generator norvnotifier targeting initiative(s) may modify response
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EPA-NEIC Proposed Targeting Strategy for Non-Notifiers
• Telephone poll of Regions by 1-1-91 to determine list of targeted chemicals and SIC codes
which have notified
• Cross-referencing HWDMS and TRIS bv specific TC chemical to target those in TRIS but not
HWDMS (estimated to be 6,000 out of 30,000 in TRIS)
• Cross-referencing HWDMS and DUN's Market Identifiers (DMI) bv SIC code to target those not
in HWDMS
• Preliminary list of targets to be presented to Enforcement Initiatives Committee
Primary Industries Thought to be Affected (EPA-NEIC)
Industrv
SIC Code
1.
Wood heaters
2421, 2499
2.
Pulp and paper
261,262,263
3.
Wastewater Treatment Plants
4.
Waste Oil
5.
Federal Facilities
6.
Synthetic Rubber
2822
7.
Petroleum Refining
2911
8.
Pharmaceuticals
283
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TC Issues: Late or No Part A's From New TSDFs With
Previous Generator I.D. Numbers
Background:
• Two TSDF 'categories:' with and without previous I.D. #
• Far fewer new Part A's received than expected
• Confusion over deadline (September 25 or 29,1990)
Issue:
• Illegal handling of hazardous waste without interim status
• What is the appropriate response?
• What was the correct deadline date?
Note: There has been confusion over the due date for Part A's because the TC Rule gave September
29,1990, while subsequent FR clarification notice and press release gave September 25,1990. TC
Rule used six months from the publication date of the Rule, while the clarification notice used 180
days.
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Issues: Response Options to Late and Non-Notifying TSDFs
Most Severe
(worst HPVs)
e Mandatory closure; not negotiable
• Judicial referral and/or 3008(a) order
• 7003 order or civil action If appropriate
Moderate Severity
(sonw HPVs, MPVs)
• Closure possible
• Judicial referral possible
• 3008(a) order with penalties possible
Least Severe
(LPVs)
e Closure always an option but unlikely
e 3008(a) order - penalties less ssvsre
e NOV possMs for soma tafci notfflars
3008(a) orders should require:
penalties in accordance with 1900 Penalty Policy
compliance with Part 265
requirement for 3010 and Part A if applicable
LOIS timeframe for meeting GWM requirements, or aggressive alternative
recognition that 3008(h) may apply
compliance schedule
waste minimization plan addressing TC constituents
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TC Issues: Late or No Part A's From New TSDFs With
Previous Generator I.D. Numbers (Cont'd)
Response:
• Class 1, potential HPV
• Grant interim status and assess penalties via 3008(a) order
• Other vtoMfena/drcumstances may modify classification and/or response
Late Part A
No Part A
• 3008(a)
- penalties
• interim status requirements
¦pphr
• 3006(a)
- penalty
- Part A
- compliance schedule
• Interim status requirements
¦PP»y
• Regulatory provision exists for granting interim status in these cases (Section 270.10)
• Can you use an informal response to a late Part A? Yes, but this wiH not confer
interim status. Could simptify formal response using a standardized 3008(a) order with
appropriate penalty.
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TC Issues: Late or Inadequate Part B's and Certifications
Lf
Background: ^ W
• FR notice (September 27,1990) clarified ground-water monitoring (GWM) compliance
requirements
must be in compliance with GWM requirements and submit certifications
(GWM and financial) by September 25,1991 or face LOIS
Compliance means "physical compliance,' e.g., weds in place based on
adequate characterization
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TC Issues: Late or Inadequate Part B's and Certifications (Cont'd)
Issues;
• "Physical compliance* by September 25,1991 may not be consistent with meeting Part
B requirements for 1 year of quarterly GWM data by September 25,1991
• Late Part B's and certifications for reasons other than good-faith efforts to meet
physical compliance requirements may be treated differently
• Inadequate Part B's or certifications submitted by deadBne
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TC Issues: Late or Inadequate Part B's and Certifications (Cont'd)
Response:
• Class I violations
• Encourage TSDFs to start characterizing GW system and getting wells in place ASAP
• For late Part B's or certifications:
LOIS is statutory consequence
• For inadequate part B's or certifications:
Range of responses depending on circumstance
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TC Special Cases
• Petroleum contaminated soil and debris: UST vs. non-UST
• Petroleum product recovery/reinjection wels: deadline extended
CFC's from rafridgerant recycling operations: deadline extended with intent to
regulate under CAA
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Enforcement Overview Summary
• Basts for violation identification and response options:
Statute and regulations
TC Enforcement/Compliance Strategy
Major Policies (ERP and Penalty Policy)
RIS and targeting initiatives
Regional Priorities
Other program authorities
• Keep options open
• Don't lose sight of basic environmental goal
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Regulatory
Scenarios
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Background - Surface Impoundment Retrofitting
• Newly regulated surface Impoundments resulting from the TC rule must be retrofitted
to meet the minimum technology requirements by March 29,1994.
Extension applies only to impoundments that contain solely new characteristic
waste
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Background - Surface Impoundments
Non-Subtitle C surface impoundments with wastes that exhibit the TC before September 25, 1990
include those that, after September 25,1990:
• Cease operation
• Convert to non-hazardous processes
• Become active Subtitle C units
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Background - Surface Impoundments Ceasing Operation
• Surface impoundments that cease operations avoid Subtitle C if solid wastes that
exhibit the TC are not managed in the units after September 25,1990.
• Solid wastes exhibiting the TC that are removed prior to September 25,1990 and
require no further management are not subject to the TC.
• Wastes that are removed after September 25,1990 may be subject to Subtitle C.
However, the unit from which the wastes are removed is not made subject to Subtitle
C by the removal.
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McDonald's Farm Equipment
Sludga mNNs D019
McDonald's Farm Equipment, a generator of RCRA hazardous waste, ceases to use its
two impoundments in July, 1989.
In September, 1991, McDonald decides to reuse one impoundment for non-hazardous
wastes, removes the old waste, and discovers that it exhibits the TC for carbon
tetrachloride (D019).
McDonald manages the sludges offsite as a hazardous waste, and decides not to use
either unit
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McDonald's Farm Equipment - (Cont'd)
Siudga axMbits D019
• What is the regulatory status of the untouched unit?
• What is the status of the unit from which waste was removed?
• What corrective action authority does RCRA have?
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McDonald's Farm Equipment - Discussion
• Neither unit is regulated by Subtitle C because both ceased operations before
9/25/90.
- removal of TC waste after 9/25/90 does not render either impoundment
subject to Subtitle C.
• Because McDonald is only a RCRA generator, EPA cannot use 3008(h) or 3004
corrective action authorities. However, EPA may be able to compel cleanup under
state authorities, RCRA Section 7003, or CERCLA106.
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Background - Surface Impoundments With Active
Hazardous Waste Management
Surface impoundments subject to Subtitle C as a result of the TC rule include:
• Units receiving TC wastes after 9/25/90.
• Units receiving only non-hazardous waste after 9/25/90 when:
There are pre 9/25/90 wastes in a unit that exhibit the TC and it is not the final
disposal site (the unit is "storing1 wastes);
TC wastes are generated from non-hazardous wastes (i.e., hazardous
constituents become concentrated or new sludge is generated from settling);
or
Non-hazardous wastewater influent causes a pre 9/25/90 sludge that exhibits
the TC to be "scoured* from unit and effluent exhibits the TC.
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General Construction Co.
Before September 25,1990
Alter September 25,1990
0039
(Altar Stptofrixr 25.1980)
ExNUHDOaS
(Baton 0*ptamb« 25.19B0)
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General Construction Co. (Cont'd)
After September 25,1990
• General Construction submitted a Part A to obtain interim status for the impoundment.
Is disposal of the D039 waste legal?
Is the TC sludge from before September 25,1990 regulated?
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General Construction Co. - Discussion
• Disposal of the D039 waste is legal. To retain interim status, the facility must submit
its Part B permit application and certifications lay 9/25/91.
• The sludge in the impoundment is in a Subtitle C interim status unit Any further
management after September 25,1990 must be in compliance with Subtitle C.
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The Lawn Doctor - LQG
After September 25,1990
0029 (1 .l-DichloroettiytwM) Effluent
• Is the impoundment regulated?
• Is the sludge created before September 25,1990 regulated?
• Is the impoundment regulated if it adds an aerator system and the effluent is not
hazardous?
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The Lawn Doctor - Discussion
• If discharging non-hazardous wastewater into an impoundment results in a TC effluent,
that unit is subject to Subtitle C.
• Because the unit is a Subtitle C unit, the sludge disposed of before September 25,
1990 is operationally regulated after the effective date.
• The unit would be subject to Subtitle C because use of aerators, which could expel
volatile constituents, would constitute active management of the pre 9/25/90 sludge.
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Background - Surface Impoundments Converting to
Non-Hazardous Activities
Subtitle D impoundments with waste exhibiting the TC before September 25,1990 may remain active
D units if only non-hazardous wastes are added after September 25,1990.
• Subtitle D status remains in effect iff:
— Wastes exhibiting the TC remain in a surface impoundment after September
25,1990; and
Unit does not receive or generate any other hazardous waste on or after
September 25,1990; and
- Impoundment Is final dteposal site (Le., it is not a storage unit).
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Background - Surface Impoundments Converting to Non-Hazardous
Activities (Cont'd)
After 9/25/90, one-time removal of wastes that exhibit the TC and were disposed before 9/25/90:
• Does not make the unit subject to Subtitle C, jf
There has not been on-going management of TC wastes in the impoundment,
and
The unit permanently ceases operation after removal
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Ward's Plastic Company
Before September 25,1990 - No Subtitle C Activities
Non-regulated Wastewaters
Sludge exhibits methyl
oty ketone (D034)
As Of September 25,1990 - Redesigned WastewaterTreatment Plant
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Ward's Plastic Company (Cont'd)
As of September 25,1990 -Redesigned Wastewater Treatment Plant
- Sludge Removed
Non-regulated
Ward's does not Submit a Section 3010 notification to EPA.
Is Ward's in compliance?
What is the status of the surface impoundment?
What types of questions should enforcement raise?
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Ward's Plastic Company - Discussion
• If no TC wastes enter Ward's surface impoundment on or after 9/25/90, it is not
subject to Subtitle C.
- Did Ward's remove all the sludges exhibiting the TC?
• Does Ward's generate TC hazardous waste in pretreatment operations before
wastewater discharge? If so, Wards is out of compliance. How are the TC wastes
being handled?
• Where and when was the impoundment sludge disposed?
• Does Ward's have an outflow? If so, do they have a NPDES permit? Are they in
compliance with the permit?
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National Paper
September 25,1990
• NP changed Its process to make the wastewater non-regulated
• NP plans to cease using the unit in April, 1991
Remove some of the sludge and sample
If it exhibits the TC, remove the remainder
• Is this a Subtitle C unit?
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National Paper - Discussion
• The unit is not subject to Subtitle C if the wastes exhibiting the TC are not managed
on or after September 25,1990: and
The unit does not receive or generate hazardous waste on or after September
25, 1990; and
The impoundment is intended to be the final disposal sie.
• One time removal of waste from a unit that is permanently ceasing operations on or
after September 25,1990, does not make the unit subject to Subtitle C.
• Is the two-phased closure 'one-time removal?"
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Petro Refining
Surface Impoundment 1 Surface Impoundment 2
A RCRA Inspection on January 1,1991 shows that:
All wastes are presently managed in tanks
- D018 (benzene) tank sludges are managed offsite
Petro's records show that Tank 1 was installed on August 10,1990, and Tank
2 was installed on November 1,1990
Tanks 1 and 2 receive wastewater that was previously managed in
impoundments 1 and 2, respectively.
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Petro Refining (Cont'd)
Surfacs Impoundment 1 Surtac* Impoundment 2
• ff Petro submitted a Section 3010 notification as a generator:
- What are the compliance violations?
What is the status of both impoundments?
What is the corrective action status of Petro?
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Petro Refining - Discussion
• Impoundment 1 is not a regulated Subtitle C unit
• If wastes were disposed of in Impoundment 2 after 9/25/90:
Petro has illegally disposed of hazardous wastes.
Impoundment 2 is subject to Subtitle C closure (40 CFR Part 265) and the
entire facility is subject to corrective action (3008(h) authority).
• If wastes were not Mogally disposed of after 9/25/90 and sludges from tanks are not
stored beyond time Rmits (e.g., 90 days):
Petro is only a generator of hazardous wastes.
7003,106 and state corrective action authorities are available.
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Background - Land Disposal Restrictions
• LDR treatment standards for 14 EP toxic constituents (D004 - D017) set in the Third
Third Rule.
EP toxic wastes were and are subject to LDR
• "Newly identified" wastes that fail the TC but not the EP are not subject to LDR.
• No treatment standards are vet established for D018 - D043 constituents.
If an owner/operator uses knowledge of process to assert that a waste fails the TC but not the
EP, take samples and test The EP and the TCLP are too similar to know this without testing.
-------
A-1 Automotive
D006 (Chromium)
D008 Lead)
D018 (Benzene)
• A-1 Automotive's wastestream exhibits the TC for benzene (D018), lead (D008), and
chromium (D006). The wastewater was also hazardous for lead under the EP toxicity
test.
How do the LDRs apply to this wastestream?
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A-1 Automotive - Discussion
• A-1 must comply with the LDRs for lead (D008) before the waste is disposed.
• A-1 does not have to comply with the LDRs for chromium (D006), because the
wastewater did not fail the EP for chromium.
• A-1 does not have to comply with the LDRs for benzene (D018), because there is no
treatment standard yet established. TC wastes without treatment standards stH must
be disposed of in a Subtitle C unit
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Background - Petroleum Underground Storage Tank
Releases
• Petroleum-contaminated media and debris may exhibit the TC for lead (D008) and
benzene (D018)
• UST program (Subtitle I) addresses releases from petroleum product USTs
• TC rule deferred application of TC to petroleum-contaminated media and debris from
USTs subject to Subtitle I corrective action.
• FR correction notice (June 29,1990) amended deferral to apply to only D018 - D043
wastes.
• Cleanups under UST program may now generate RCRA regulated waste due to TC.
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Petroleum Underground Storage Tank Releases
D008 (L«ad)
0018 (Benzene)
• Soil contaminated with petroleum product is excavated during an UST corrective
action, and exhibits the TC for benzene (D018) and lead (D008).
• The soil is sent to a Subtitle D landfill for disposal.
• Are these practices in compliance with Subtitle I and C?
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Petroleum Underground Storage Tank Releases - Discussion
• The UST deferral from the TC rule does not apply to wastes contaminated with D004 -
D017 constituents.
• Because the soil is TC hazardous for lead, it must be managed as a Subtitle C waste.
• The soil could be disposed of in a "D" landfill if benzene were the only TC constituent.
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Background -
Clean Water Act (CWA) and TC Applicability
• Two types of discharges are excluded from solid waste definition due to CWA:
Mixtures of domestic and hazardous waste discharging to a POTW
Industrial point source wastewater discharges subject to the CWA National
Pollutant Discharge Elimination System (NPDES)
• Exclusions apply only to the point source discharge
• TC constituents might not be in NPDES permit or pretreatment standards
• POTW sludges are subject to the TC now; Agency might reconsider after promulgation
of CWA. sewage sludge management regulations
Note: "This exclusion...does not exclude industrial waste waters while they are being collected, stored
or treated before discharge, nor does it exclude Sludges that are generated by industrial wastewater
treatment." (Section 261.4(a)(2))
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CWA (NPDES) Scenario
• Under which regulation(s) is the hazardous waste regulated (RCRA or CWA)?
• Is the discharge legal?
• What difference would storage or treatment prior to discharge make?
-------
Discussion - CWA, NPDES, and the TC
• The discharge is legal because it is subject to a NPDES permit under the CWA and
therefore exempt from RCRA.
• Hazardous waste generation, storage and treatment prior to the point of discharge js
regulated under RCRA.
• The inspector should verify that Synthetic Food has a NPDES permit and could
discuss adequacy of the permit with an NPDES permit official.
• If facility is regulated under RCRA for other reasons, the inspector should also
evaluate waste minimization plan to see If It addresses carbon tetrachloride.
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Background - Used Oil
• TC will cause more waste oil to be identified as hazardous.
• Will most likely fail TC for benzene (D018), lead (D008), and tetra- and trichlorethylene
(D039, D040)
• Used oil which exhibits a characteristic is hazardous unless it is recycled or burned
for energy (40 CFR Part 266 exemption).
• Hazardous waste oil cannot be used as a dust suppressant (unless characteristic only
for ignitability)
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Used Oil Scenario
• Batch #1 of used oil exhibits the TC for lead and is sent to a burner for use as fuel
• Batch #2 of used oil, TC hazardous for both benzene and lead, is sent to a Subtitle D
landfill for disposal.
• Is Speedy Service Station in compliance with RCRA? Is the landfill operator?
-------
Used Oil - Discussion
• 40 CFR Part 266 requirements still hold; used oil burned for energy remains exempt
from Subtitle C.
• Non-exempt TC hazardous used oil must now be disposed of in a Subtitle C, not a
Subtitle D landfill.
• Speedy is liable for misidentification and for causing illegal handling, transport and
disposal of hazardous waste.
• Landfill operator is Babte for illegal disposal of hazardous waste and should not have
accepted the waste oil.
• Both are HPVs
• Re-renners may generate TC residues
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Background - Underground Injection
• Underground Injection Control (UIC) program regulates five classes of wells
• TC rule impact uncertain, but may:
Increase number of Class I and Class V wells
Cause Class V wells to be reclassified as Class IV wells, which are banned
• Class V wells likely receiving TC wastes:
Industrial process water and waste disposal wells
Industrial drainage wells
Agricultural drainage wells
Aquifer remediation-related wells, and
Automobile service station wells
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Underground Injection Scenario
Ll^eJbE
Septic Tank
D008 (laad) D018 (bmum)
Is Speedy subject to UIC, RCRA regulations, or both?
Is Speedy in violation of any UIC or RCRA regulations?
Drain Field
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Underground Injection - Discussion
• Speedy must comply wih ail appficable RCRA and UC regulations if it generates,
stores, treats or disposes of hazardous waste and injects it.
• Speedy is (fisposing of hazardous wastes in a Class V injection well, which may
actually be an fflegal Class IV well.
• Speedy must determine if wastewaters are TC.
• If wastewaters exhibit TC, Speedy must determine quantity produced, generator
category (LOG, SQG, or conditionally exempt), and comply with applicable RCRA
requirements.
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Pesticides - Background
• Pesticide wastes may be regulated under both RCRA and FIFRA.
• For the many listed pesticide wastes (under F, K, P and U), TC Rule will not change
status.
• Many multiple active ingredient pesticide product wastes previously escaped RCRA;
the TC brings many of these under RCRA.
• Main impact of TC Rule will be on commercial applicators.
TC constituents that may be used in pesticide products include:
benzene (D018)
carbon tetrachloride (D019)
chlordane (D020)
chloroform (D022)
1,4- dichlorobenzene (D027)
endrin (D012)
heptachlor (D031)
hexachlorobenzene (D032)
lindane (D013)
methoxychlor (D014)
pentachlorophenol (D037)
2.4.5-TP (silvex)(D017)
2.4.6- trichlorophenol (D042)
toxaphene (D015)
• Pesticide wastes that are listed include:
F wastes containing discarded pesticide formulations with tri-, tetra-, and
pentachlorophenols (F027), or compounds derived from *chlorophenols, or
*chlorobenzenes
K waste sludges from chlordane production (K032)
P and U wastes; about 50 pesticide active ingredients are listed as acutely
toxic, 83 as toxic.
These chemicals have been designated as acutely hazardous waste under applicable listings.
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Pesticides - Scenario
Riming Area
MuMpla active Ingradiant
psslleMM drums; TC tor
D019 (carbon tetrachloride)
UnuMd multiple ing radiant peetictde product wastes D031
/
TC lor D01» (carbon letiachiortda) and D081 (haptochlor)
Subtitle D Landfill ——-
' Rinsewatar drain
Are Pest-A-Way's wastewater disposal practices in compliance with RCRA regulations?
Are Pest-A-Way's unused pesticide product disposal practices in compliance with
RCRA regulations?
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Pesticides - Discussion
• Pest-A-Way needs to apply knowledge or test wastewater to identify TC constituents
and determine quantity generated per month.
• Disposal of the TC wastes in the sump well is illegal disposal. The well and all other
areas of the facility could also be subject to corrective action.
• Pest-A-Way needs to identify and quantify the unused product TC waste generated
per month.
• Pest-A-Way needs to determine its generator category and ensure that both its rinsate
and unused product waste is either treated to below characteristic levels, or disposed
of in a Subtitle C landfill.
• It may be acceptable to dispose of the empty drums in a Subtitle D landfill if they meet
the exemption for empty drums outlined in 40 CFR 261.7.
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TOXICITY CHARACTERISTIC
ENFORCEMENT WORKSHOP
CASE STUDIES
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Case Study A
lewly Regulated TSD Facil
Honeywagon Enterprises
BACKGROUND
• For 45 years, Honeywagon Enterprises (HWE), a solid waste hauler
and landfill operator, collected non-hazardous industrial wastewater
and sludges from a variety of food product, textile, and synthetic
resin manufacturing plants. HWE is located over a shallow drinking
water aquifer.
• After collecting the wastes, HWE treated the wastewater in three
totally enclosed treatment tanks and disposed of the resulting
sludges, as well of the other sludges it collected, at its own on-site
Subtitle D land disposal facility.
• After processing wastewaters in the three treatment tanks, treated
wastewaters were discharged in a nearby stream.
• A significant portion of the wastewaters and sludges collected by
HWE were characterized as hazardous by the TC rule (but were not
previously treated as hazardous by HWE). Hazardous constituents of
the wastewaters and sludges include cadmium (D006), nitrobenzene
(D036), pyridine (D038), and vinyl chloride (D043).
3
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SCENARIO BACKGROUND
• After September 25,1990, the owner/operator of HWE continued
treating TC hazardous wastewaters in the three treatment tanks and
disposing of TC hazardous sludges at its on-site land disposal
facility.
• The owner/operator of HWE continued discharging treated
wastewaters from the three treatment tanks in a nearby stream.
• The owner/operator of HWE:
Submitted a §3010 notification on July 25,1990;
- Submitted a RCRA Part A permit application on November 5,
1990, identifying the landfill as a RCRA Subtitle C unit;
Submitted a RCRA Part B permit application on September 25,
1991 (upon review of the 50 page application submittal, EPA
determined that it was inadequate and that only three interim
status ground-water monitoring wells appeared to have been
installed); and
Submitted ground-water monitoring and financial responsibility
certifications on September 25,1991.
4
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Honeywagon Enterprises
HONEYWAGON
ENTERPRISES
|, ,'1 | III
Treated I
Wastewater Discharge
Wastewater
Treatment Tanks
Sludges with D006, DO36,
DO38, and D043 Constituents
LANDFILL
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WORK SHEET
1. What, if any, are the compliance violations, or issues that may require
further investigation, related to this facility?
- §3010 Notification:
- Part A Permit Application:
- Part B Permit Application:
- Ground-water Monitoring & Financial Assurance Certifications:
- Other:
2. Are there any Class I violations?
3. Is HWE a high priority violator (HPV)?
4. What are the appropriate enforcement responses for these violators?
6
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Case Study B
TSD Facility Currently Regulated by RCRA that Must Modify Its
Permit to Comply with the TC Rule: Thrifty Chemical
BACKGROUND
• Thrifty Chemical is a medium-sized producer and distributor of
petroleum-based products. In 1985, a RCRA inspector discovered
that Thrifty Chemical, which had notified as a RCRA generator, was
illegally operating as an unpermitted storage facility. This inspection
led to a §3008(a) compliance order with penalties issued by EPA
against Thrifty Chemical. Thrifty Chemical became a permitted
storage facility in 1986. Thrifty Chemical has been issued several
warning letters and notices of deficiency (NODs) for storage and
permit violations since 1986.
• Thrifty Chemical generates several RCRA hazardous wastes (F001
and F004 spent solvents). Thrifty Chemical has a RCRA permitted
commercial storage area for the listed spent solvents from its facility,
as well as for wastes collected from other solvent generators.
• The spent solvents from both Thrifty Chemical and the other
generators are stored in 55 gallon drums in a warehouse located on
the facility property. The drums are periodically transported to an
off-site commercial solvent recovery service.
• The company also operates four surface impoundments (numbered
I - IV) that treat wastewaters that were not hazardous prior to
September 25,1990, but now fail the toxicity characteristic leaching
procedure (TCLP) for benzene (D018); lead at a concentration that
did not fail EP, but does fail the TCLP (D008); carbon tetrachloride
(D019); and trichloroethylene (D038). These wastes are generated
primarily from cleaning a variety of tanks and other equipment at the
facility. One impoundment, Number III, also receives sludges from
tank bottoms containing the same constituents as the wastewaters.
The impoundments did not handle hazardous wastes before
September 25,1990.
7
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SCENARIO 1
• After September 25,1990, Thrifty Chemical continued operating the
four surface impoundments currently used to treat its wastewaters
and sludges.
• The owner/operator of Thrifty Chemical submitted a Class 1 permit
modification to the State by September 25,1990 identifying the new
hazardous chemicals generated and stored at the facility and
identifying the four impoundments as new hazardous waste treatment
and disposal units.
• On December 26,1990, a RCRA inspector visited Thrifty Chemical
and noted that Thrifty is disposing of untreated spent solvent listed
wastewaters in the impoundments.
• The owner/operator of Thrifty Chemical also plans to do the
following:
- Submit a Class 2 permit modification by March 24,1991; and
- Retrofit the four surface impoundments by March 29,1994.
8
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Thrifty Chemical Scenario 1
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SCENARIO 1 - WORK SHEET
1. What, if any, are the compliance violations, or areas requiring
further investigation, related to this facility?
- Permit modification:
- Management of newly identified TC wastes (D008, D018,
D019, and D038):
Management of previously identified wastes (F001 and
F004):
- Retrofitting impoundments:
- Other:
2. Are there any Class I violations?
3. Is Thrifty Chemical a high priority violator (HPV)?
4. What are appropriate enforcement responses for these
violations?
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SCENARIO 2
• The owner/operator of Thrifty Chemical, anticipating the TC rule,
wanted to avoid the heavy expenditures entailed in converting the
four surface impoundments to meet RCRA Part 264/265
requirements.
• Thrifty Chemical ceased using all four surface Impoundments and
Installed two wastewater treatment tanks before September 25,1990.
• Treatment of the wastewaters in the two tanks generates hazardous
sludges. As of September 25,1990, the facility has changed its tank
bottom sludges handling practices. Rather than disposing of tank
bottom sludges in Surface Impoundment III, Thrifty now stores these
sludges along with the spent solvents in the permitted storage unit
before sending them off-site for management
• Thrifty Chemical Is concerned about potential releases from these
impoundments. The owner/operator is planning on dredging sludges
from the closed impoundments in the next six months and
transporting the sludge to the same facility that manages the sludges
from the operating treatment tanks.
11
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Thrifty Chemical Scenario 2
(Permitted Storage Unit) (F001, F004, D008, D018, D019, ft D038)
-------
SCENARIO 2 - WORK SHEET
What, If any, are the compliance violations, or areas requiring
further investigation, related to this facility?
- Permit modification:
Management of newly identified TC wastes (D008, D018,
D019, and D038):
Management of previously identified wastes (F001 and
F004):
Other:
2.
Are there any Class I violations?
3.
Is Thrifty Chemical a high priority violator (HPV)?
4.
What are appropriate enforcement responses for these
violations?
13
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Case Study C
Current Hazardous Waste Generator with TO Wastes:
Buckeye Pharmaceutical
SCENARIO BACKGROUND
• Buckeye Pharmaceutical (BP) in Ohio generated 50 kg/month of EP-
toxic waste, Chromium (D006), and 150 kg/month of a listed waste,
spent halogenated solvents (F002), before promulgation of the TC.
BP had a RCRA generator identification number before the
promulgation of the TC rule.
• After promulgation, BP determined that it generated an additional 700
kg/month of a TC sludge, chloroform (D022), in addition to the
chromium and spent solvent wastes.
• BP stores 55-gallon drums of its hazardous wastes in a controlled
access area of its plant. BP ships all its stored hazardous wastes
every 6-8 months to Hazardous Waste Services, a hazardous waste
treatment and disposal firm in New Jersey.
• BP plans to comply with the TC rule and renotify EPA in March 1991
as a small quantity generator (SQG).
• An EPA inspector found that BP has a waste stream from processing
operations associated with organo-arsenic compounds which
generates several drums of solid waste a month.
• The manager of BP stated that, by using knowledge of the process
and materials, he determined that the waste was not TC hazardous.
15
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Buckeye Pharmaceutical Scenario
150
f
I
50
kg/m D006
700
Itg/m DO 22
(waste* are ahipped off-cits
-------
WORKSHEET
1. Is BP a SQG or a large quantity generator (LQG)?
2. What, If any, are the compliance violations of the TC rule If:
a) BP is a SQG?
b) BP is a LQG?
3. Are there any Class I violations?
4. Is BP a high priority violator (HPV)?
5. What are appropriate enforcement responses in this scenario?
17
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SCENARIO BACKGROUND
• NST Chemical Products, which did not generate any hazardous
wastes regulated under RCRA before the effective date of the TC
rule, uses benzene (D018) In Its production process and generates
approximately 2290 pounds of benzene-contaminated wastewater
every month.
• The average concentration of benzene in the wastewater is 0.691
mg/l.
• Ail wastes are sent through a public sewer line to a POTW for
management
• Prior to discharge into the sewer, the wastewater receives treatment
In a tank, which generates D018 sludges.
• NST submitted a §3010 notification form as a small quantity generator
(SQG) for benzene on October 2,1990.
19
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NST Chemical Scenario
Effluent POTW
Wastewater to
pre treatment tank
(0.691 mfll. of D018)
N
Pretrealment Tank
-------
WORK SHEET
1. What, if any, are the compliance violations, or issues that may require
further investigation, related to this facility?
2. Are there any Class I violations?
3. Is NST a high priority violator (HPV)?
4. What are appropriate enforcement responses in this scenario?
21
i
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TOXICITY CHARACTERISTIC
ENFORCEMENT WORKSHOP
ANSWERS
1
-------
Answer Sheet
Honeywagon Enterprises (HWE)
1. What, if any, are the compliance violations, or issues that may require further investigation,
related to this facility?
§3010 Notification: HWE missed the §3010 notification deadline of June 27, 1990.
However, this notification deadline was subsequently changed to October 29,
1990, so HWE Is In compliance.
Part A Permit Application: HWE missed the Part A submittal deadline of September
26,1990, and was operating Illegally without a permit or Interim status.
Part B Permit Application: HWE appears to have submitted an Inadequate Part B
application.
Ground-water Monitoring & Financial Assurance Certifications: The facility submitted
Its ground-water monitoring certification on time, but Information In the Part B
suggests that the system Is Inadequate (the Part B hydrogeologlcal assessment
discusses only three Interim status wells, Instead of the mandated minimum oi
four wells).
Other: The Inspector should question whether the newly Identified 0006 waste
should have been regulated under the EP. It Is possible that HWE began testing
Its waste because of the TC rule, and should have been regulated previously and
been In compliance with the LDRs. The facility Is discharging wastewaters to a
stream; this activity must be In compliance with the CWA and RCRA. In addition,
with a 45 year history of waste disposal, and a shallow drinking water aquifer, HWE
may warrant corrective action now that the facility Is being regulated.
2. Are there any Class I violations? A late Part A is a class I violation because It caused HWE
to be handling hazardous waste without interim status. An Inadequate ground-water
monitoring (GWM) system Is a Class I violation because It cannot assure immediate
detection of releases. If there are only three GWM wells, the GWM certification Is Invalid
or false.
3. Is HWE a high priority violator (HPV)? The late Part A did not affect the disposal practices
of the hazardous wastes In the landfill. However, operating without Interim status
constitutes a substantial deviation from the statute and regulations; as a result, HWE Is an
HPV. After September, 1991, HWE should have an Interim status GWM system capable of
immediate detection of releases and Is a HPV until brought Mo compliance.
3
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Answer Sheet
Honeywagon Enterprises (HWE)
4. What are the appropriate enforcement responses for these violations? A five weeJr tote Part A
permit application would probably be dealt with by a S3008(a) order assessing penalties
and extending the Part A due date. HWE, which Is situated over a shallow aquifer,
Installed an Inadequate QWM system and apparently submitted an Inadequate Part B. A
second §3009(a) order with compliance schedules Is an appropriate response to bring
HWE Into compliance.
If HWE's QWM system has only three wells, HWE has falsely certified that Its GWM system
meets the Interim status retirements. The Inspector needs to Investigate the
circumstances surrounding the signing of the certificate to Judge whether criminal Intent
was Involved. A falsified certification Is a serious offense that may be best dealt by the
judicial procees.
4
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Answer Sheet
Thrifty Chenicai Scenario 1
1. What, if any, are the compliance violations, or areas requiring further investigation,
related to this facility?
Permit modification: Thrifty correctly aubmUed a Claaa 1 permit
modification by September 25,1090. (Thrifty, however, ahould tend the
Ctess 1 permit modification to the EPA Region and a copy to the State, If
the State was not yet authorized for the TC luta. 1M* would be at moat a
minor paperwork violation.)
The owner/operator la dlapoaing of the FOOI and F004 Mad nie« in 0m
surface Impoundment* now under Interim atatua. If the State In which
Thrifty Chemical la located la authorized for the TC rule, the State would
have required Thrifty to Include the F001 and P004 wrti tfiapoaal
practlcoainaClaaa2or3 permit moeBficaUon. (It la aleo poaalble that the
State might not aUow thla (Kapoaal practice; In eMhar caae, Thrifty la In
violation.) However, If the State la not authorized for the TC, the State
would not have recognized the unit aa being under Interim atatua, and
would have Ukely required the facility to be permUed before the Hated
waatea couid be diapoaed of in the auriace Impoundment The facility
would have to aubmH a Claaa 3 perm* modification, and have It granted by
the State before It could dlapoae of the F waatea. If dlapoaal of the F
waatea la allowed, they mutt meet land (Mapoaal reatriction (LDR) treatment
ttandarda before land dlapoaal (ditcuaaed below).
The owner/operator will need to aubmk a Claaa 3 rather than a Claaa 2
permit modification, became the addition of regulated hazardout watte
auriace impoundments constitutes a major change In watte management
practice*.
Management of newtv identified TC wastes (D008. D018. D019. and D038):
Management of newly identified (La., TC) waatea la pernOaalble in the
manner described if the unit meets the 40 CFR Part 265 ttandarda. The
owner/operator will need to undertake aeveral taaka in the Mure to atay in
compliance: firat, aubmit financial reaponaibmty and ground-water
monitoring certification and the RCRA Part B application by September 25,
1991 orfaceloaa of interim atatua (LOIS); and aecond, retrofit the auriace
Impoundment* by March 29,1994.
Aa a generator and land diapoter of waatea that faB the TC for lead (D0Q8)
and teveral newly Identified organic conatituartta (D018, D019, and D038),
the owner/operator it alao required to determine whether theae waatea are
reatrlcted by the LDR requirement*. There are no treatment atandarda
eatabiiahed for the D018, D019, and D038 TC waatea, so the wastewaters
and aludgea do not need to be treated for theae conaOuenta before
dlapoaal. Becauae the lead waate (D008) waa not hazardoua under the EP,
but la hazardoua under the TC, H la considered a newly Identified waste,
and la not subject to the LDRt.
5
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Answer Sheet
Thrifty Chemical Scenario 1
Management of previously identified wastes (F001 and F004): If disposal of
the listed F waste* (I.e., spent solvents) In the Impoundments Is allowed by
the State, those wastes must meet the LDR treatment standards before
disposal.
Retrofitting impoundments: The owner/operator must retrofit the surface
Impoundments within four years from the date of publication of the TC rule
(by March 29,1994) to be able to continue receiving hazardous wastes.
Other: Before the Thrifty Chemical Impoundments become Incorporated
Into the permit, they are under Interim status regulations and are subject to
corrective action requirements under 93008(h). Other releases not
addressed under the permit are also subject to 93008(h).
2. Are there any Class I violations? Disposal of the listed wastes In the surface
Impoundments without first meeting treatment standards and unauthorized
disposal of the F-wastes, If die State doos not allow this disposal activity, are Class
I violations.
3. Is Thrifty Chemical a high priority violator (HPV)? Yet. Thrlfty's violation Is a serious
one that may Increase the likelihood of a release. In addition, Thrifty has a history
of noncompliance.
4. What are appropriate enforcement responses for these violations? Given Thrlfty's
prior compliance history, EPA may opt for'a formal enforcement action within 90
days of the violation discovery. A 93008(a) order with penalties for the LDR
violation probably would be appropriate. Corrective action may also be necessary
to address any releases from the facHlty.
6
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Answer Sheet
Thrifty Chemical Scenario 2
1. What, if any, are the compliance violations, or areas requiring further investigation,
related to this facility?
Permit modification: The owner/operator of Thrifty chemical still needs
Clan 1 and 2 penult modification* because the facility now stores new TC
wastes (I.e., sludges) In Its permitted storage area. The wastewaters
managed In the treatment tanks are exempt from RCRA regulation tf they
are discharged under a NPDES permit Thrifty may have obtained a new or
modified NPDES permit when It Installed Its tank system. The Inspector
should determine whether the facility has a NPDES permit and Is meeting
Its requirements. A meeting with NPDES permitting officials may be
advisable If the permit does not address newly Identified TC constituents.
Management of newly identified TC wastes (D008. D018. D019. and D0381:
The wastes are being legally managed In the wastewater treatment tanks.
Dredging wastes from surface Impoundments that stopped operating
before September 25,1990 will not cause the Impoundments to become
Subtitle C units. Wastes that are dredged and exhibit the TC, however,
must be handled as hazardous wastes.
Management of previously identified wastes (F001 and F004): The solvent
wastes are still being managed appropriately.
Other: Because Thrifty Chemical has a permitted storage unit, SWMUs on
the facility that are addressed In the permit may be subject to corrective
action under §3004(u) and (v).
2. Are there any Class I violations? No. Thrifty Is storing new sludges in.a permitted
storage area and appears to be ensuring appropriate destination and delivery of
the wastes.
3. Is Thrifty Chemical a high priority violator (HPV)? No. Thrifty has not substantially
deviated from the regulations and Is probably not causing Increased risk of a
release.
4. What are appropriate enforcement responses for these violations? A notice of
deficiency (NOD) requesting a permit modification Is probably an appropriate
initial action. Thrifty Chemical has a history of non-compliance. If Thrifty does not
respond promptly or appropriately to this or a second NOD, the Agency may wish
to elevate Thrifty to HPV status and take a formal action.
7
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Answer Sheet
Buckeye Pharmaceutical Scenario
1. Is BP a SQG or a large quantity generator (LQG)?
BP mutt determine If His generating more than 1000 kg/month of hazardous
watte. If the drums of arsenic wastes are not hazardous, BP la a SQG. If Ha
arsenic waste drums are TC hazardous, BP would be a LQQ (since one drum of
water weight approximately 200 kg) and It Is already producing 900 kg/month of
other hazardous waste.
2. What, if any, are the compliance violations of the TC rule if
a) BP is a SQG?
Existing generatort, whether LQQ or SQQ, are not required to amend their
notification to EPA If they are alto generating TC wastet. There la no violation,
therefore, of notification requirements. At a SQQ, BP Is not In violation, and must
comply with the generator regulations by March 29,1991. BP would alao be able
as a SQQ to store hazardous waste for up to 270 days because BP la shipping its
watte more than 200 miles (Ohio to New Jersey).
b) BP is a LQG?
If BP Is a LQG, It must comply with generator regulations by September 25, 1990.
If BP Is a LQQ and does not manage the TC sludges as hazardous wastet from
September 1990 to March 1991, then It it Illegally managing these wastes. BP
may also have exceeded the 90 day LQG storage limit and Illegally stored the
wastet without a permit or Interim status.
3. Are there any Class I violations?
If BP Is a LQG, there may be several violations:
storage of the D006, D022, and F002 wastes for substantially longer than
90 days without a permit or Interim ttatua; and
failure to clastify the arsenic waste as a hazardous waste resulting in
Illegal storage, treatment, transport, and disposal of a hazardous watte.
4. Is BP a high priority violator?
If It It a LQQ, BP hat multiple Clast I violations, and It an HPV.
9
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Answer Sheet
Buckeye Pharmaceutical Scenario
5. What are appropriate enforcement responses in this scenario?
The RCRA Inspector should temple the organo-arsenic wastes and apply the TCLP
to determine whether they ere regulated under the TC. If the wastes are not
hazardous, BP Is not In violation of generator or TSDF regulations. If the wastes
are hazardous, BP Is an HPV. The Inspector should Investigate how the waste was
disposed of and what harm, H any, resulted from Illegal disposal. A $3008(a) order
within 90 days of violation discovery (probably the date the Inspector received the
TCLP results) may be appropriate. This order should assess penalties, require BP
to properly handle and store all Its hazardous wastes, and require BP to either
submit a permit application for storage activities or to limit storage to less than 90
days.
If BP had a history of non-compliance, or was recalcitrant In responding to the
93008(a) order, then judicial referral would be appropriate. If, In addition, there
was evidence that the classification was Intentional, the case could be prosecuted
criminally.
10
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Answer Sheet
NST Chemical Products Scenario
1. What, if any, are the compliance violations, or issues that may require further investigation,
related to this facility?
Publicly Owned Treatment Works (POTW) Pretreatment Compliance: In order to
legally discharge Its wastewaters to the public senvers, NST must meet any
established POTW pretreatment standards to which It is subject under the Clean
Water Act If Vie facility Is directly discharging the wastewater Into the sewer
Cstraight-pipe' discharge) without any en route storage or open treatment, the
hazardous waste Is exempt from RCRA, even If It exhibits the TC. The RCRA
Inspector may wish to Investigate whether the facility does have pretreatment
requirements and Is complying with them, and whether 0mm requirements Include
the TC constituents).
Regulated Waste Determination: NST may generate hazardous waste (e.g., tank
sludges) from pretreatment or other operations (e.g., storage) before the wastes
are discharged Mo the sewer. These hazardous wastes would be sub/act to
Subtitle C. The Inspector should examine the facility records and operations to
determine whether the quantity of RCRA-regulated wastes generated by
pretreatment or other non-exempt operations exceeds f000 kg/month.
If NST Is a LQG, NST should have been In compliance with the TC rule from
September 25,1990. NST may be In violation at storage requirements and maty
not have considered any hazardous wastes derived from pretreatment operations
to be hazardous until March 29,1991, when the SQQ regulations became
effective. Also, If NST Is a LQG, Its f 3010 notification was due on October 29,
1990, and was several days late.
2. Are there any Class I violations?
No, there are no Class I violations based on existing Information. (However, If NST
Is a LQG, and NST did not Identify any pretreatment wastes as hazardous on and
after September 25,1990, NST may riot have properly designated and disposed of
hazardous wastes, a Class I violation.)
3. Is NST a high priority violator (HPV)?
No. (However, violations stemming from mMdetMcatton o f Moste (If NST Is a
LQQ) may elevate NST to an HPV.)
11
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Answer Sheet
NST Chemical Products Scenario
4. What are appropriate enforcement responses in this scenario?
K the facUty Is inspected, the Inspector should examine the wastewater treatment
system to Uetennlne whether RCRA regulated pretnabnent wastes we being
generated and handled In accordance with RCRA. The Inspector should alto
examine the facBtys recordt to determine compliance with pretreatment
requirements. If the facility It tubfect to RCRA generator retjulrements, the
Inspector can also Investigate whether the facility's waste minimization plan
addresses the TC waste.
12
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TRAINING COURSE APPENDICES
-------
APPENDICES TO TRAINING COURSE
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
Appendix F
Appendix G
Appendix H
Appendix I
Appendix J
Constituents Regulated Under the Toxicity Characteristic
Deferred Toxicity Characteristic Constituents
Comparison of the Extraction Procedure (EP) and the Toxicity
Characteristic Leaching Procedure (TCLP)
Compliance Dates for the Toxicity Characteristic Final Rule
Enforcement Overview
Comprehensive List of Statutory Authorities
List of Toxicity Characteristic Rule Correction Notices
September 27,1990 Correction Notice
Waste ID and LDR Compliance Monitoring for TC Wastes
Reportable Quantities for TC Constituents
-------
Appendix A
Constituents Regulated Under the
Toxicity Characteristic
-------
Appendix. A
TOXICITY CHARACTERISTIC CONSTITUENTS
EPA HW1
Number
Constituent
CTRL
Basis
CTRLs
(mg/l) x
DAF Regulatory
of 100 = Level (mg/l)
D004*
Arsenic
MCL
0.05
5.0
DQ05*
Barium
MCL
1.0
100.0
DQQ6*
Cadmium
MCL
0.01
1.0
D007*
Chromium
MCL
0.05
5.0
D008*
Lead
MCL
0.05
5.0
D009*
Mercury
MCL
0.002
0.2
D010*
Selenium
MCL
0.01
1.0
D011*
Silver
MCL
0.05
5.0
D012*
Endrin
MCL
0.0002
0.02
D013*
Lindane
MCL
0.004
0.4
D014*
Methoxychlor
MCL
0.1
10.0
D015*
Toxaphene
MCL
0.005
0.5
D016*
2,4-D
MCL
0.1
10.0
D017*
2,4,5-TP (Silvex)
MCL
0.01
1.0
D018
Benzene
MCL
0.005
0.5
D019
Carbon tetrachloride
MCL
0.005
0.5
D020
Chlordane
RSD
0.0003
0.03
D021
Chlorobenzene
RfD
1.0
100.0
D022
Chloroform
RSD
0.06
6.0
D023
o-Cresol
RID
2.0
200.02
D024
m-Cresol
RfD
2.X)
200.02
D025
p-Cresol
RfD
2.0
200.02
D026
Cresol
RfD
2.0
200.02
D027
1,4-Dichlorobenzene
MCL
0.075
7.5
D028
1,2-Dichloroethane
MCL
0.005
0.5
D029
1,1 -Dichloroethytene
MCL
0.007
0.7
D030
2,4-Dinitrotoluene
RSD
CF.0D05
0.13
D031
Heptachlor (and its
RSD
0.00008
0.008
epoxide)
D032
Hexachlorobenzene
RSD
0.0002
0.13
D033
Hexachloro-1,3-butadiene
RSD
0.005
0.5
D034
Hexachloroethane
RSD
0.03
3.0
D035
Methyl ethyl ketone
RfD
2.0
200.0
D036
Nitrobenzene
RfD
0.02
2.0
D037
Pentachlorophenol
RfD
1.0
100.0
*
D038
Pyridine
RfD
0.04
5.0
D039
Tetrachloroethylene
RSD
0.007
0.7
D040
Trichloroethylene
MCL
0.005
0.5
D041
2,3,5-Trichlorophenol
RfD
4.0
400.0
D042
2,4,6-T richlorophenol
RSD
0.02
2.0
D043
Vinyl Chloride
MCL
0.002
0.2
* 14 original constituents based on drinking water standards.
1 Hazardous waste number
2 It o-, m-, and p-Cresol concentrations cannot be differentiated, the total Cresol
concentration is used. Total Cresol regulatory level: 200 mg/l.
3 If quantitation limit is greater than the calculated regulatory level, quantitation
limit becomes regulatory level.
CTRL, Chronic Toxicity Reference Level; DAF, Dilution Attentuation Factor; MCL, Maximum
Contaminant Level; RfD, Reference Dose; RSD, Risk Specific Dose
-------
Appendix A
TOXICITY CHARACTERISTIC CONSTITUENTS -- ALPHABETICAL
EPA HW1
CTRL
CTRLs
DAF
Regulatory
Number
Constituent
Basis
(mg/l) x
of 100 =
Level (mg/l)
D004*
Arsenic
MCL
0.05
5.0
D005*
Barium
MCL
1.0
100.0
D018
Benzene
MCL
0.005
0.5
D006*
Cadmium
MCL
0.01
1.0
D019
Carbon tetrachloride
MCL
0.005
0.5
D020
Chlordane
RSD
0.0003
0.03
D021
Chlorobenzene
RfD
1.0
100.0
D022
Chloroform
RSD
0.06
6.0
D007*
Chromium
MCL
0.05
5.0
D026
Cresol
RfD
2.0
200.02
D023
o-Cresol
RfD
2.0
200.02
D024
m-Cresol
RfD
2.0
200.02
D025
p-Creso!
RfD
2.0
200.02
D016*
2,4-D
MCL
0.1
10.0
D027
1,4-Dichlorobenzene
MCL
0.075
7.5
D028
1,2-Dichloroethane
MCL
0.005
0.5
D029
1,1 -Dichloroethylene
MCL
0.007
0.7
D030
2,4-Dinitrotoluene
RSD
0.0005
0.13
D012*
Endrin
MCL
0.0002
0.02
D031
Heptachlor (and its
epoxide)
RSD
0.00008
0.008
D032
Hexachlorobenzene
RSD
0.0002
0.13
D033
Hexachloro-1,3-butadiene
RSD
0.005
0.5
D034
H exachloroethane
RSD
0.03
3.0
D008*
Lead
MCL
0.05
5.0
D013*
Lindane
MCL
0.004
0.4
D009*
Mercury
MCL
(3.002
0.2
D014*
Methoxychlor
MCL
0.1
10.0
D035
Methyl ethyl ketone
RfD
2.0
200.0
D036
Nitrobenzene
RfD
0.02
2.0
D037
Pentachlorophenol
RfD
1.0
100.0
D038
Pyridine
RfD
0.04
5.03
D010*
Selenium
MCL
0.01
1.0
D011*
Silver
MCL
0.05
5.0
D039
Tetrachloroethylene
RSD
0.007
0.7
D015*
Toxaphene
MCL
0.005
0.5
D040
T richloroethylene
MCL
0.005
0.5
D041
2,3,5-Trichlorophenol
RfD
4.0
400.0
D042
2,4,6-T richlorophenol
RSD
0.02
2.0
D017*
2,4,5-TP (Sih/ex)
MCL
0.01
1.0
D043
Vinyl Chloride
MCL
0.002
0.2
* 14 original constituents based on drinking water standards.
1 Hazardous waste number
2 If o-, m-, and p-Cresol concentrations cannot be differentiated, the total Cresol
concentration is used. Total Cresol regulatory level: 200 mg/l.
if quantitation limit is greater than the calculated regulatory level, quantitation
limit becomes regulatory level.
CTRL, Chronic Toxicity Reference Level; DAF, Dilution Attentuation Factor; MCL, Maximum
Contaminant Level; RfD, Reference Dose; RSD, Risk Specific Dose
-------
Appendix B
Deferred Toxicity Characteristic
-------
Appendix B
DEFERRED TOXICITY CHARACTERISTIC CONSTITUENTS
Deferred TC Constituents
Acrylonitrile
Bis (2-chloroethyl) ether
Carbon disulfide
1,2-dichlorobenzene
Isobutanoi
Methylene chloride
Phenol
1,1,1,2-Tetrachloroethane
1,1,2,2-Tetrachloroethane
2,3,4,6-Tetrachlorophenol
Toluene
1,1,1 -T richloroethane
1,1,2-Trichloroethane
-------
Comparison of the Extraction Procedure
(EP) and the Toxicity Characteristic
Leaching Procedure (TCLP)
-------
TABLE 1 — Comparison of the extraction procedure (EP) and die toxicity
characteristic leaching procedure (TCLP)
Item
EP
TCLP
Leaching Media
(X5 M acetic acid added to
distilled deionized water to a
pH of 5 with 400-ml
maximum addition continual
pH adjustment
0.1 M pH 2.9 acetic add
solution for moderate to high
alkaline wastes and 0.1 M pH
4.9 acetate buffer for other
Liquid/solid separation
0.45-/im filtration to 75 psi in
10 psi increments unspecified
filter type
0.6 to 0£-pm glass-fiber filter
filtration to 50 psi
Monolithic material/particle
size redaction
use of structural integrity
procedure or grinding and
milling
grinding or milling only
structural integrity procedure
not used
Extraction vessels
unspecified design blade/
stirrer vessel acceptable
zero-headspace vessel
required for volatiles
bottles used for nonvolatiles
blade stirrer vessel not used
Agitation
prose definition of acceptable
agitation
rotary agitation only in an
end-over-end fashion at 30 +,
2 rpm
Extraction time
24 h
18 h
Quality control requirements
standard additions required
one blank per, sample batch
standard additions required in
ywwe rgM* one blank per ten
extractions and eveiy new
batch of abstract analysis
specific to analyte
-------
Appendix D
Compliance Dates for the Toxicity
Characteristic Final Rule
-------
KEY COMPLIANCE DATES FOR THE TC RULE
September 25,1990
LQGs and TSDFs begin to comply with all applicable RCRA regulations for TC wastes.
Newly regulated TSD facilities must submit Part A permit applications to EPA
Interim status TSD facilities must submit amended Part A permit applications to EPA
Permitted facilities must submit Class 1 permit modification requests to EPA to allow
continued handling of TC wastes.
October 29,1990
LQGs and TSDFs that are newly regulated by RCRA as a result of the TC rule must
submit Section 3010 Notifications of hazardous waste activity to EPA and obtain EPA ID
numbers.
November 2,1990
SQGs that are newly regulated by RCRA as a result of the TC rule must submit Section
3010 Notifications of hazardous waste activity to EPA and obtain EPA ID numbers.
March 24,1991
Permitted TSDFs with newly regulated units submit Class 2 or 3 permit modifications, as
appropriate, to EPA
March 29,1991
SQGs begin to comply with all applicable RCRA regulations for TC wastes.
September 25,1991
Facilities with land disposal units that are newly regulated must submit Part B permit
applications and certifications of compliance with ground-water monitoring and financial
assurance requirements to EPA Otherwise, interim status terminates.
March 29,1994
Surface impoundments must be in compliance with minimum technology requirements.
-------
Appendix E
Enforcement Overview
-------
CHAPTER 6
ENFORCEMENT
OVERVIEW
COMPLIANCE MONITORING
INSPECTIONS
TYPES OF INSPECTIONS
CONDUCTING THE INSPECTION
ENFORCEMENT ACTIONS
ADMINISTRATIVE ACTIONS
INFORMAL ACTIONS
ADMINISTRATIVE ORDERS
CIVIL ACTIONS
CRIMINAL ACTIONS
ENFORCEMENT AT FEDERAL FACILITIES
AGENCY FUNCTIONS
SUMMARY
NOTE: Source is 1990 EPA RCRA Orientation Manual
-------
CHAPTER 6 • ENFORCEMENT
OVERVIEW
The effective implementation of RCRA's regulatory
programs rests on whether or not the people and companies
regulated under the Act comply with its various
requirements. The goals of the RCRA enforcement program
are to ensure that the regulatory and statutory provisions of
RCRA are met, and to compel necessary corrective action.
This requires close monitoring of hazardous waste handler
(generator, transporter and TSDF) activities and expeditious
legal action where non-compliance is detected. Facility
inspections by Federal/State officials are the primary tool for
monitoring compliance. When non-compliance is detected,
legal action may follow. This may include the use of
administrative orders, civil lawsuits, or criminal lawsuits
depending on the nature and severity of the problem. The
combination of effective monitoring and expeditious legal
action is intended to reduce the number of handlers not
operating in compliance with RCRA's requirements and to
deter potential violations by imposing penalties.
This chapter describes the two essential aspects of the
enforcement program: compliance monitoring and
enforcement actions. All of the enforcement provisions
detailed in this chapter are statutory, not regulatory.
However, it is important to note that State requirements may
be more stringent than those mandated by the Federal
government, and State enforcement authorities and
procedures may differ from those of EPA.
rOMPT TAMQg MflMTmPTMfi
The first phase of the enforcement program is monitoring
facilities to verify that they comply with RCRA's regulatory
requirements. TTiis monitoring serves several purposes. It
allows EPA and authorized States to find out which facilities
are noc in compliance. It also allows EPA and the States to
assess the effectiveness of specific legal actions, such as
administrative orders, that may have been taken against a
handler. Also, the overall compliance monitoring program
allows EPA to evaluate the effectiveness of State programs
and to monitor nationwide compliance with RCRA. Finally,
monitoring acts as a deterrent, encouraging compliance with
the regulations by making non-compilers susceptible to
enforcement actions.
Impaction*
The primary method of collecting compliance monitoring
data is through an inspection. The inspection may include a
formal visit to the handler, a review of records, taking of
samples, or observation of operations. In addition to
ENFORCEMENT
ni-82
-------
supplying information for enforcement proceedings,
inspections are used to gather data to assist EPA in the
development of RCRA regulations, and to help EPA track
program progress and accomplishments.
State or EPA officials conduct the inspections. In instances
where criminal activity is suspected, EPA's National
Enforcement Investigations Center may become involved.
Similarly, the DOT may participate where waste transporters
are involved. All of these agencies are authorized by RCRA
to use outside contractors for the actual inspection if they
desire.
The Act provides the authority for conducting inspections
under Section 3007. This section allows EPA, an authorized
State, or a representative of either of these to enter any
premises where hazardous waste is handled to examine
records and take samples of the wastes.
HSWA requires that all Federal or State operated facilities
must be inspected annually. Furthermore, all TSDFs must
be inspected at least once every two years. Facilities also
may be inspected at any time if EPA or the State has reason
to suspect that a violation has occurred. Finally, facilities are
chosen for an inspection when specific information is needed
to support the development of RCRA regulations.
Types of Inspections
A number of different types of inspections are conducted
under the authority of the RCRA program. Inspections may
be conducted by EPA, an authorized State, or both.
Typically, either the State or EPA has overall responsibility,
or the lead, for conducting the inspection.
ConmMance Evaluation Inspection (CEP - These are
routine inspections of hazardous waste generators,
transporters, and TSDFs to evaluate compliance with
the requirements of RCRA. CEIs encompass a file
review prior to the site visit, an on-site examination
of generation, treatment, storage or disposal areas, a
review of records, and an evaluation of the facility 's
compliance with the requirements of RCRA.
r»€» TfrYfJffnmem Inspection fCDD - CD Is are
conducted when significant RCRA violations are
known, suspected, or revealed. A case development
inspection is performed to gather data in support of a
specific enforcement action. Most of the activities
conducted during a CDI are specific to the type of
information required to document the violation (e.g.,
incinerator investigations, closure/post-ciosure
investigations).
rn-83
-------
Comprehensive r.ronnd-Water Monitnrino
Evaluations (CME1 - The CME is conducted to
ensure that ground-water monitoring systems are
designed and function properly at RCRA land
disposal facilities. In addition to the CEI activities,
CMEs include sampling and an analysis of the
facility's ground-water monitoring. system and
hydrogeological conditions.
Conmlianee Sampling Inspection rCSn - These an-
inspections in which samples are collected for
laboratory analysis. A sampling inspection may be
conducted with a CEI, or any inspection except a
CDL
• Operations and Maintenance Inspection /O&MI -
Many land disposal facilities close with waste in
place. The purpose of O&M inspections is to ensure
that ground-water monitoring and other systems
continue to function properly after a land-disposal
facility has closed. OAM inspections are usually
conducted at facilities that have already received a
thorough evaluation of the ground-water monitoring
system under a CME inspection.
Laboratory Andits - These are inspections of
laboratories performing ground-water monitoring
analyses. Audits ensure that these laboratories are
using proper sample handling and analysis protocols.
ffandnctiiw th»
Several steps are generally followed in RCRA inspections to
ensure consistency and thoroughness; these steps are
summarized below. For more detail on the inspection
process, the reader should refer to the RCRA Inspection
Manual (QSWER Directive 9938.2A).
The inspector prepares for the inspection by:
• Reviewing handler records
• Preparing an inspection plan
• Developing a checklist, and
• Packing apptupiiaic safety equipment.
The second step is the actual entry onto the handler's
property. Hie hur***^ or herself and
describes the nature of the inspection. In some
dicnimiances, a warrant may be needed to gain entry to the
facility.
m-84
-------
After the inspector has entered the property, he or she
generally holds an opening conference with the owner or
operator to discuss the nature of the inspection and to
describe the information and samples to be gathered.
Following the opening conference, the actual inspection
takes place. The actual inspection involves:
• Checking hazardous waste generation, storage,
treatment or disposal areas
• Assuring that hazardous waste is stored properly
(e.g., no spills, leaks or improper disposal), and
• Reviewing records.
Finally, the inspector holds a closing conference with the
owner or operator to allow him or her to respond to
questions about the inspection and provide additional
information. The inspector usually summarizes his or her
findings and explains any further action required by the
handler.
After the visit is completed, the inspector prepares a report.
The report summarizes the records reviewed, any sampling
results, and the handler's compliance status with respect to
RCRA. Summary conclusions regarding inspections are
tracked in some detail in the Hazardous Waste Data
Management System (HWDMS) maintained by EPA.
The most important result of any inspection is the
determination of whether the handler is in compliance with
die regulations. If the handler is not complying with all of
the appropriate State or Federal requirements, enforcement
action may be taken, as discussed below.
The inspector may also obtain compliance information
through examination of the reports that handlers are required
to submit. Reports may contain information about the
wastes being handled, the method of handling, and the
ultimate disposition of wastes. Reports are submitted as
required in a permit or enforcement order (e.g., corrective
action schedules of compliance) and by regulation (e.g.,
biennial report).
ENFORCEMENT AfTTONS
The second phase of the compliance monitoring and
enforcement program involves taking enforcement actions to
bring handlers into compliance win applicable Subtitle C
regulations. The goal of enforcement actions is to compel:
Proper handling of hazardous waste
ffl-85
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Enforcement Options
Available Under RCRA:
Administrative actions
Civil actions
Criminal actions.
• Compliance with RCRA's recordkeeping and
reporting requirements
• Monitoring and corrective action in response to
releases of hazardous and non-hazardous waste, and
hazardous constituents.
EPA (or an authorized State) has a broad range of
enforcement options including:
• Administrative actions
• Civil actions
Criminal actions.
A decision to pursue one of these options is based on the
nature and severity of the problem. Violations of RCRA
requirements are grouped into classes. These violations and
Spropriate enforcement responses are discussed in the
forcemeat Response Policy, OSWER Directive Number
9900.0-1A.
An administrative action is non-judicial enforcement action
taken by EPA or a State under its own authority.
Administrative enforcement actions can take several forms
ranging from infocmal notices of non-compliance to issuance
of an adminisBative order accompanied by a formal public
hearing. These actions tend to be less complicated than a
lawsuit and can often be quite effective in fencing a handler
to comply with regulations or to remedy a potential threat to
health or the environment. Two types of administrative
actions, informal actions and administrative orders, provide
for enforcement response outside the court system.
Informal Action*
An informal administrative action is any communication
fan an agetigy that yifia* the haruttmr nf a pmhlem It can
take many forms, e.g^ a letter or a phone call. An informal
letter to the handler may be called a "notice of violation"
(NOV) or "notice of deficiency" (NOD). For this type of
action, EPA or the State notifies a handler that he or she is
not in gftmpHfinrt with some provision of the regulations.
This type of action is particularly appropriate where the
violation is minor, such as a record maintenance
requirement If the owner or operator does not take steps to
comply within a certain time period, a warning letter will be
sem, setting out specific actions to be taken to move the
handler into compliance. The warning letter also sets out the
enforcement ictionff *** will follow if the handler fails to
take the required steps. A notice of deficiency is commonly
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issued during the permitting process to identify missing or
deficient items in the facility's application for a RCRA
permit.
Administrative Orders
When a more severe violation is detected, or the owner or
operator does not respond to an informal action, the agency
can issue an administrative order. An administrative order,
issued directly under the authority of RCRA, imposes
enforceable legal duties. Orders can be used to force a
facility to comply with specific regulations, to take corrective
action, to perform monitoring, testing, and analysis, or to
address a threat of harm to human health and the
environment. An administrative order can be issued
unilaterally by EPA or an authorized State or it can be issued
as a consent order, which documents an agreement between
the issuer and the violator. Four types of orders can be
issued under RCRA:
Compliance Orders - Section 3008(a) of RCRA
allows EPA to issue an order requiring any person
who is not complying with a requirement of RCRA
to take steps to come into compliance. A compliance
onkr may require *compliance or may set
out a timetable to be followed in moving toward
complianari The older can contain a penalty of up to
$25,000 per day for each day of non-compliance and
can suspend or revoke the facility's permit or interim
status. When EPA issues a compliance order, the
person to whom the order is issued can request a
hearing on any factual provisions of the order. If no
hearing is requested, the order will become final 30
days aner it is issued.
Corrective Action Orders - Section 3008(h) allows
EPA to issue of an order requiring corrective action
at an interim status facility when there is evidence of
a release of a hazardous waste or constituent into the
environment. These orders can be issued to require
corrective action activities ranging from
investigations to repairing liners or pumping to treat a
plume of confiminarion. Corrective action can be
required regardless of when waste was placed at the
facility. Tims, past problems at RCRA facilities may
be cleaned up using this mechanism. In addition to
requiring corrective action, these orders can suspend
interim status and impose penalties of up to $22,000
for each day of non-compliance with the order.
• Section 3013 Orders - If EPA finds that a substantial
hazard to human health and the environment exists,
it can issue an administrative order under Section
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Civil Actions Filed Under
RCRA:
Coapliracc actios
Cometh* actioa
MoaitoriBf aad analysis
laaimt hazard.
3013. A 3013 order is used to evaluate the nature
and extent of the problem through monitoring,
analysis, and testing. These orders can be issued
either to the current owner of the facility or to a past
owner or operator if the facility is not currently in
operation, or if the present owner could not be
expected to have actual knowledge of the potential
release.
Section 7003 Orders - In any situation where an
"imminent and substantial endangerment to health or
the environment" is caused by the handling of non-
hazaxdous or hazardous wastes, EPA can order any
person contributing to the problem to take steps to
clean it up. This order can be used against any
contributing party including past or present
generators, transporters, or owners or operators of
the site. Violation of a Section 7003 order can resuit
in penalties of up to $5,000 per day.
CiYil Actimn
In addition to formal and infonnal actions, EPA can initiate
civil actions. A civil action is defined as a formal lawsuit,
filed in court, against a person who has either failed to
comply with some statutory or regulatory requirement or
administrative order or has contributed to a release of
hazardous wastes or constituents. Civil actions are generally
employed in situations that present repeated or significant
violations or where there are serious environmental
concerns. Attorneys from the Department of Justice (DOD
handle RCRA civil cases for EPA, while the State Attorneys
General asamnt this role in the States.
Civil actions are useful in several situations, such as when
the person being sued has not complied with a previously
issued administrative order. In this case, the courts may
impose penalties in order to force the handler to comply.
Where a long-term solution to a problem is desired, a civil
action may be helpful to ensure proper supervision of the
handler's actions. Civil actions may be used to stop conduct
that is too dangerous to risk non-compliance with an
administrative order, and they also may set a stronger
example to other facility operators in order to deter their non-
compliance.
RCRA provides authority for filing four different types of
civil actions.
Comnli«nc«. Artinn - Under Section 3008(a) the
Federal Government can file suit to force a person to
comply with any applicable RCRA regulations. In
Federal actions the court can also impose a penalty of
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up to $25,000 per day per violation for non-
compliance.
» Corrective Action - In a situation where there has
been a release of hazardous waste from a facility, the
Federal G> /eminent can sue to have the court order
the facility to correct the problem and take any
necessary response measures under Section 3008(h).
The court can also suspend or revoke a facility's
interim status as a pan of its order.
• Monitoring and Analysis - If EPA has issued a
monitoring and analysis order under Section 3013 of
RCRA and the person to whom the order was issued
fails to comply, the Federal Government can sue to
get a court to require compliance with the order. In
this type of case, the court can assess a penalty of up
to $5,000 for each day of non-compliance with the
order.
Imminent H.wH . As with a Section 7003
administrative order, when any person contributed or
is contributing to an imminent hazard to human
health and the environment, the Federal Government
can sue the person to require action to remove the
hazard or remedy any problem. If the agency had
first issued an adminisfiitive order, the court can also
impose a penalty of up to $5,000 for each day of
non-compliance with the order.
Frequently, several of the dvil action authorities will be used
together in the same lawsuit. This is particularly likely to
happen where a hsndlrr has been issued an administrative
order for violating a regulatory requirement, has ignored that
order, and-is in continued non-compliance. In this
circumstance, a lawsuit can be filed that seeks penalties for
violating the original requirement, penalties for violating the
older, and a judge's aider requiring future compliance with
the requirement and the arinrniistraave order.
Qiminnl Arrinoa
A criminal action initiated by the Federal Government or a
State can result in the imposition of fines or imprisonment
Seven acts identified in Section 3008 of RCRA are subject to
criminal action and carry criminal penalties. The penalties
range from a fine of $50,000 per day or a prison sentence of
up to five years, to a total fine of $1,000,000. Criminal
actions are usually reserved for only the most serious
violations.
Six of the seven criminal acts cany a penalty of up to
$50,000 per day or from two to five years in jail. Stated
briefly, these acts are knowingly:
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• Transporting waste, to a non-permitted facility
• Treating, storing, or disposing of waste without a
permit or in violation of a material condition of a
permit or interim status standard
• Omitting important information from, or making a
false statement in a label, manifest, report, permit, or
compliance document
• Generating, storing, treating, or disposing of waste
without complying with RCRA's recordkeeping and
repotting requirements
• Transporting waste without a manifest
• Exporting a waste without the consent of the
receiving country.
Hie seventh criminal act is the knowing transportation,
treatment, storage, disposal, or expon of any hazardous
watte in such a way that another person is placed in
imminent danger of death or serious bodily injury. This act
canies a possible penalty of up to $250,000 or 15 years in
prison for an individual or a $1,000,000 fine for a
corporation.
ENFrrcrgMcvr at pfdfp at fAramES
In most Instances. Federal facilities are required to comply
with environmental statutes to die same extent as non-
Federal facilities. However, enforcing compliance under
RCRA is different at Federal facilities. EPA may only issue
Section 3008(h) corrective action orders at Federal facilities;
no other orders may be used. States, however, may utilize
the full range of yfefr enforcement authorities at Federal
facilities.
When a Federal faciliiy is out of compliance with the RCRA
regulations, EPA issues a notice of noncompliance, outlining
violations at the facility and continuing a compliance
schedule, and a timetable for regaining compliance with
RCRA. After the notice of noncompliance has been issued,
EPA and the Federal facility will negotiate an agreement
outlining the steps to bring the facility back into compliance.
In cases where corrective action is required at a Federal
facility, EPA may either a Section 3008(h) corrective
action order or a permit schedule of compliance to achieve
compliance with me corrective action requirements. As with
non-Federal facilities, the choice of using an order or a
permit to secure corrective action at facilities seeking permits
is made on a case-by-case basis.
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Waste management activities at Federal facilities will often be
managed by a private contractor. In this case, EPA has full
authority to take enforcement activities against the contractor
for violations of RCRA.
AfiFNCY FUNCTIONS
Responsibility for the various actions that make up the
RCRA enforcement program is divided among different
Headquarters offices, the EPA Regions, and State agencies.
Headquarters is responsible for setting nationwide policy,
monitoring Regional and State activities, and providing
technical support. The Regions take the primary
responsibility for performing inspections, issuing
administrative orders, preparing civil actions, monitoring
compliance with administrative and judicial orders, and
providing support to DOJ for ongoing lawsuits. As with
many other aspects of the RCRA program, responsibility for
enforcement is largely decentralized. Authorized States take
primary responsibility for enforcement. EPA, however,
retains its authority to take enforcement actions in authorized
Scales if die State fails to do so, does not obtain acceptable
results, or requests EPA assistance.
SUMMARY
There are two essential elements to RCRA's enforcement
program - compliancy monitoring and enforcement actions.
Compliance monitoringis used to determine a handler's level
of cwnpliance with RCRA's regulatory requirements. The
two primary methods of collecting compliance monitoring
dan are:
• Inspections by State or EPA officials
• Examinations of the reports that each handler is
required to submit.
Inspections must be conducted:
• Annually at all Federal- or State-operated facilities
• At least once every two years at each TSDF.
The six types of inspections conducted under the RCRA
prognmnt:
• Compliance Evaluation Inspection (CEI)
• Case Development Inspection (CDI)
• Comprehensive Ground-Water Monitoring
Evaluation (CME)
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• Compliance Sampling Inspection (CSI)
• Operations and Maintenance Inspections (O & Ml
• Laboratory Audits.
Either EPA or an author™* State may lead the inspection.
A primary goal of enforcement actions is to bring facilities
into compliance and keep them there. Enforcement actions
may be taken when a facility is found to be:
• Oat of compliance with applicable Subtitle C
regulations
• Releasing non-hazardous or hazardous solid waste,
or hazardous constituents.
Enforcement of RCRA is different at Federal facilities. EPA
negotiates compliance agreements with Federal facilities.
Authorized States, however, may issue administrative orders
or take other enforcement actions.
The enforcement options available under RCRA art:
• Administrative actions
Informal actions
Administrative Orders tinder section 3008(a),
Section 3008(h), Section 3013, and Section
7003
• Civil actions
Compliance action
Gxrective action
Monitoring and analysis
TfnrniiMtfiy h«w»H
• Criminal actions.
The responsibility for die various enforcement actions is
divided among different Headquarters offices, EPA
Regions, and authorized State agencies.
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CHAPTER 7
STATE AUTHORIZATION
OVERVIEW
DEVELOPING A STATE HAZARDOUS WASTE PROGRAM
PROGRAM DESCRIPTION
ATTORNEY GENERAL'S STATEMENT
MEMORANDUM OF AGREEMENT
REVIEW OF THE PROPOSED STATE PROGRAM
REVISING APPROVED STATE PROGRAMS
WITHDRAWING APPROVAL OF STATE PROGRAMS
TRANSFERRING PROGRAM RESPONSIBILITY BACK TO EPA
GRANTS AND OVERSIGHT
PRIORITY SETTING
STATE GRANTS
STATE OVERSIGHT
INFORMATION MANAGEMENT
HWDMS
SPMS
BIENNIAL REPORT
SUMMARY
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CHAPTER 7 - STATE AUTHORIZATION
OVERVIEW
Congress intended that States assume responsibility for
implementing RCRA. with oversight from the Federal
government. The rationale was that States are more familiar
with the regulated community and are in a better position to
administer the programs and respond to specific State and
local needs most effectively.
The process dux States must go through to obtain the
responsibility for the Subtitle C program involves
developing a State hazardous waste program and having it
approved by EPA. This "authorization" process is described
DBVELOPINT. A STATE HAZARDOUS WASTE
Under RCRA. as >h in 1976. States had two options
I Ac responsibility to adiiiiniwri the Subdde C
¦"*" ¦" or final authorization. Interim
i is a temporary mrrhanism that is intended to
. I program so That they
w8k qaaUfy for final A State may receive
a if it is "sabstinriaTly" equivalent to the
Under RCRA. imerim authorization
31. 1986. H5WA introduced a new
it must be "fully ''
Hf jfwfwf »r from the Governor requesting program
approval
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• Copies of all applicable State statutes and
regulations, including those governing State
administrative procedures
• Documentation of public participation activities (e.g..
notice and opportunity for comment on the State
program prior to submittal of the application to EPA)
• A description of the State hazardous waste program
• An Attorney General's statement
• A Memorandum of Agreement.
The first three elements listed above are self-explanatory;
only the last three axe described below.
EffigBSLQ&SGDBQQIL
As the name implies, the program description describes how
the State intends to administer the hazardous waste program
in place of the Federal program. It includes in nairauve form
the following description*
• Scope, structure, coverage, and processes of the
• State agency or agencies responsible for running the
piugraui
• State-level staff who will cany out the program
• State's compliance tracking and enforcement
piugiam
• Stale's manifest system
• Applicable State procedures, including permitting
procedures and any State administrative or judicial
review procedures
• Any forms used to administer the program under
State law.
In addition, the program description must include estimates
at
• Costs involved in running the program and an
itemization of the sources and amounts of funding
available to support the program's operation
• The number of generators, transporters, and on-site
and off-site disposal facilities (along with a brief
ZII-94
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description of the types of facilities and an indication
of the permit status of these facilities)
• The annual quantities of hazardous wastes generated
within the State, transported into and out of the State:
and stored, treated, or disposed of within the State (if
available).
If the State chooses to develop a program that is more
stringent and/or broader in scope than the one required by
Federal law, the program description should address those
pans of the program that go above and beyond what is
required under Subtitle C. For a more detailed discussion of
the program description requirements, see 40 CFR 271.6.
Attorney fienenil't Statement
The Attorney General's statement identifies the legal
authorities - statutes, regulations, and where appropriate
and necessary, case law - upon which the State is relying to
demonstrate equivalence with the Federal program. The
statement is also used to explain the State's authorities
particularly if, on their face, they are different from the
Federal requirements. The statement must be signed by the
Attorney General or an authorized designate. State statutes
and regulations cited in the Attorney General's statement
must be fully effective at the the program is authorized.
For further information on the Attorney General's statement,
see 40 CFR 271.7.
MwiwwnW.m, of Agreement
Although a State with an authorized program assumes
primaiy responsibility for administering Subtitle C, EPA still
retains enforcement authority anf* oversight responsibilities.
The Memorandum of Agreement (MOA) between the State
Director and the Regional Administrator outlines the nature
of these responsibilities and oversight powers, and the level
of coordination between the State and the EPA in
itwptotiypting the program. No two MOAs are exactly alike
since they crmraifi State-specific agreements. However,
several provisions are required by rule and are common to all
MOAs. These include provisions for
• Specifying the frequency and content of reports that
the State must submit to EPA
• Coordinating compliance monitoring and
enforcement activities between the State and EPA
Conducting EPA overview of program
aHrrpn^^Tflrinn and enforcement
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For a Stale Program to Receive
EPA Appproval it Must
Satisfy the Following Conditions:
Kfaivateaej/Striafcacy
Consistency
EaforctakiUty
Nodes ead htsriaf ia tht
P«aH proem.
• Joint processing of permits for those facilities that
require a permit from both the State and EPA
• Specifying the types of permit applications that will
be sert to the Regional Administrator for review and
coma»ait
• Transferring permitting responsibilities upon
authorization.
Far a complete listing of what must be included in the MOA.
see 40 CFR 271.8.
REVIEW OF THE PROPOSED STATE PROGRAM
Before submitting an application to EPA for approval, a
State must inform the public of its intent to seek program
approval by issuing a public notice. The notice must be
widely distributed, with ample opportunity for the public to
review the application's contents. A public hearing may be
held if sufficient interest is expressed.
Once the State has submitted a complete application to EPA.
the Regional Administrator determines whether or not the
State's program should be authorized. In making this
determination, fhe Regional Administrator adheres to the
foQowing schedule:
TenaiiYff - Within 90 days from the
receipt of the complete application the Regional
Administrator must tentatively approve or disapprove
the State's application. Hie tentative determination is
WlhHihfd in the Federal Register.
• PnhHe Twpnr . The public is given 30 days to
oonrmrm on the State's application and the Regional
Administrator's tentative determination. If sufficient
interest is expressed, a public hearing is held within
this time period.
• Final Determination - Within 90 days of the notice of
the tentative determination in the Federal Register
the Regional Administrator decides whether or not to
approve the State's program, taking into account any
comments submitted. 1ms final determination is then
Published ia the Federal Reyister.
REVTSTNfi APPROVED STATE PROGRAMS
As Federal and State statutory or regulatory authority is
modified or supplemented, so too must the State program be
revised. If the State initiates a statutory or regulatory change
that affects its approved hazardous waste program, it
submits a copy of die amended statute or rule, a modified
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program description, revised MOA, Attorney General's
statement, and any other pertinent documents to EPA. In
reviewing the State's proposed modifications, EPA applies
the same standards used in reviewing the State's initial
program application. The revisions become effective upon
EPA approval and notice in the Federal Rcgisnr
States must revise their programs to incorporate changes in
the Federal program within certain time frames. For Federal
program changes promulgated pursuant to RCRA, States
must modify their programs by July 1 each year to reflect all
changes to the Federal program occurring during the 12
months preceding the previous July 1. (These annual
periods are referred to as "clusters"; for example. States
most modify their programs by July 1, 1990 to reflect all
changes from July 1,1988 to June 30,1989.) The deadlines
for program modifications may also be extended if a
statutory change is needed (one year) or if a State s
legislative or rulemaking procedures preclude it from
meeting the cluster timeframes. For Federal program
changes promulgated pursuant to HSWA, these "cluster"
periods ate For a more complete description of
the "cluster" concept, refer to 40 CFR 271.21.
It is important to note that rules promulgated pursuant to
RCRA take effect only in non-authonzed States. An
authorized State must modify its program, submit an
Slication, and obtain approval from EPA before a RCRA
: may be implemented. Conversely, rules promulgated
pursuant to HSwA are effective in both authorized and non-
authorized States. EPA implements and enforces HSWA
roles until States modify their programs, submit
applications, and receive approval.
Withdrawing Annmvt nf Sale Program
Approved State programs are continually subject to review.
If the Administrator determines that a State's authorized
prograin no longer complies with the appropriate regulatory
requirements, yffthnriMww may be withdrawn if the State
fails to take collective action. Such circumstances include a
failure to:
* Issue permits that conform to the regulatory
requirements
* Tn«p«* »nr| nwitmr activities subject to regulation
* Take appropp*11^ enforcement action.
* Comply with the terns of the MOA.
If program approval is withdrawn, responsibility for
aWminictTing Subtitle C reverts to the Federal government.
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For a detailed explanation of the withdrawal process, refer to
40 CFR 271. 23.
Transferrin y Pmyram Responsibility Back to EPA
In some cases, e.g., for financial reasons. States with
approved programs may voluntarily transfer the program
back to EPA. To do this, the State must give the
Administrator 180 days' notice and submit a plan for the
orderly transfer of all relevant program information
necessary for EPA to administer the program, e.g., permits,
permit files.
GRANTS AND OVFRSTfiHT
Sates are the primary implemented of RCRA and may
receive Federal financial assistance under RCRA Section
3011 to develop and implement their hazardous waste
programs. Grant awards are made annually to States. States
and Regions negotiate the specific work to be accomplished
with these grant funds. EPA conducts oversight of State
programs to ensure that the program as implemented
adequately protects human health and the environment.
Monty setting. State grants and State oversight activities are
described briefly in the following discussion.
Priority
EPA outlines its goals and priority program activities in the
annual Agency Operating Guidance. This document
identifies the national direction and priorities for
implementing each EPA program, including the RCRA
Subtitles C and D programs. The RCRA priorities in the
Operating Guidance form the basis for Regional and State
workload negotiations for die upcoming year.
Although EPA encourages implementation in accordance
with national priorities, the Agency created die "RIP (RCRA
Implementation Plan) flexibility" concept to acknowledge
that Regions and States may have unique environmental
problems. "RIP flex" allows Regions and States to
substitute activities necessary to address environmentally
significant problems for national priorities. "RIP flex"
requires EPA Headquarters' approval
State Hnnw
In addition to identifying priority RCRA activities, the
Operating Guidance also includes, the formula used to
determine RCRA grant allotments. Both authorized and
nonauthorized States are eligible to participate in the RCRA
gram program. States that receive RCRA grant funds must
provide a 25% match. Each EPA Regional Office receives
an allotment based upon facton contained in the grant
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allocation formula. This grant formula is based upon,
among other things, population and the hazardous waste
generated in the Region. States submit proposed work plans
that outline planned activities in the upcoming year,
including permitting, enforcement, and program
management Regions then negotiate with each State in the
spring and summer; the State grant award is made each
October.
State Owrriprht
Ongoing oversight of the entire State hazardous waste
program is an important role of the Regional staff, with
Headquarters' assistance. The purpose of oversight is to:
. * Promote national consistency in RCRA
STATE I implementation
• Encourage coordination and agreement between EPA
and States on technical and management issues
• Ensure proper enforcement by the State
• Ensure appropriate expenditure of Federal grant
funds
Regions use several RCRA guidance documents to conduct
oversight activities, to ensure compliance with statutory and
regulatory requirements, and to implement the EPA/State
division of responsibility. For example, the National
Criteria for a Quality Hazardous Waste Management
Program (OSWER Directive 9545.00-1) contains standards
and requirements for planning and overseeing an adequate
RCRA program. EPA also uses the RCRA Evaluation
Guide to assess State progress and identify areas where
States require assistance. EPA guidance stipulates that
States should receive an annual mid- and end-of-year review
of the RCRA Subtitle C program.
INFORMATTfiN MANAGEMENT
Implemented - EPA and the States - of the RCRA program
are subject to extensive reporting requirements; various
repotting requirements apply to the regulated community as
wdL The objectives of RCRA reporting requirements are to:
• Ensure that the program is adequately managed at the
Headquarters, Regional, and State levels, and
• Provide up-to-date information to Congress
and the public.
EPA mainraiq* RCRA program information in its national
data base, the Hazardous Waste Data Management System
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(HWDMS). States are held accountable for performing
negotiated work and providing detailed information in a
series of reports to indicate progress. The Agency tracks
(SPMS). its accountability system. Examples of types of
information tracked include permits issued/denied and
HWDMS
The RCRA program uses a national data base, HWDMS. to
track RCRA Subtitle C facility-specific data as well as
accomplishments. This data base contains a range of
information an permitting and compliance monitoring
activities for nil generators, transporters, and TSDFs.
HWDMS is maMiraiftrirt by Regions and States who submit
monthly update» so the data base. A new dan base, the
8CRA jaflwuniiiMi System (RCRIS), has been developed
wdubeing pflotedamoogtbeScgioBsaadStates. RCRIS
wfll be phased smoeweuaifiy replace HWDMS.
m B^ 'me^mSShy syste^that factimpies integrated
w . Wishes
¦mri m tack progress of high priority activities. The
OperatiBg and SPMS measures are developed
coanncafy and finalized by Much 1 of each year. Once
SPMS meaauie* are established. Regions and States
negotiate appropriate targets for many of these actions.
PtDgtmasmaaiinred on t quarterly basis and RCRA SPMS
data are stored in HWDMS.
fiBBBLBBBBD
As disenssed earlier in this section. RCRA Sections 3002
and 3005 establish requirements for generators and TSDFs
to submit dntailfd activity reports. These reports must be
submitted to EPA on March 1 of each even-numbered year
for the previous year's hazardous waste activity. Many
States require that this reporting be done annually. States
compile these reports and submit information to EPA
Regions by September of die even-numbered year. This
data, known as the Biennial Report is entered directly into
the Biennial Report Data System (BIRDS) which provides
information on the status of die RCRA program.
SPMS
within
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SUMMAPV
Congress intended that States assume responsibility for
implementing RCRA, with oversight from the Federal
government. Any State that seeks final authorization for its
harardous waste program must submit an application, in
accordance with 40 CFR 271.5, to .the Administrator
containing the following elements:
* A letter from the Governor requesting program
approval
* Copies of all applicable State statutes and regulations
* Documentation of public participation activities
* A program description
* An Attorney General's statement
* A Memorandum of Agreement.
Before approving an application, EPA must be satisfied that
the State program
* Is equivalent to, no less stringent than, and
consistent with the Federal program (State
requirements may be more stringent or broader in
scope)
* Provides adequate enforcement authority
* Provides for public notice and hearing prior to the
issuance of a permit, and
* Provides for public availability of information in
substantially the same and to the same degree
as the Federal program.
Approved State programs are subject to:
* Revision
* Withdrawal of approval
* Transfer of program responsibilities back to EPA.
States are the primary implementers of RCRA and may
receive »««*«—i from EPA under RCRA Section 3011.
States negotiate """1 work plans with EPA Regions and
their progress is monitored primarily by Regional staff, with
Headquarters' assistance.
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Implemented of RCRA - EPA and the States - are subject
to extensive reporting requirements; various reporting
requirements apply to the regulated community as welf.
These requirements include quarterly Strategic Planning and
Management System (SPMS) reporting and biennial reports.
Most RCRA program data is tracked in the EPA national data
base, HWDMS; the new RCRIS data base will be phased in
to eventually replace HWDMS.
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Appendix F
Comprehensive List of Statutory
Authorities
-------
APPENDIX
EPA ENFORCEMENT AUTHORITIFS
Permit Denial
40 CFR Part 124; 270.51(c)(2).
Permit Modification
40 CFR Part 270, Subpart D
Permit Suspension/Revocation
RCRA §3005(d) - "noncompliance"
RCRA §3008(a)(3) - "violation"
RCRA §3008(h) - "release" (revocation/suspension of interim status)
40 CFR §270.43 - violation of permit conditions; failure to disclose relevant
facts, or misrepresentation; danger to health or environment
that can only be regulated to "acceptable levels" by
termination.
Permit Authority for Corrective Action
RCRA §3004(u) -
RCRA §3004(v) -
Administrative Orders
RCRA §3008(a) -
RCRA §3008(h) -
RCRA §3013 -
RCRA §7003 -
authorizes corrective action at permitted facilities
authorizes corrective action beyond boundaries at permitted
facilities
"violation"; may include penalty for the violation;
administrative hearing.
"release" from interim status facility; penalty only for failure
to comply with the order; administrative "paper" hearing.
"presence" or "release" of hazardous waste that "may present
a substantial hazard to human health or the environment;"
penalty only for failing to comply with the order (also liable
for reimbursement to EPA); no administrative hearing.
condition that "may present an imminent and substantial
endangerment to health or the environment." (includes solid
waste); penalty only for failing to comply with the order; no
administrative hearing.
-------
CERCLA §106 -
RCRA §3007 -
"may be an imminent and substantial endangerment to the
public health or welfare or the environment because of an
actual or threatened release of hazardous substance from a
facility; "penalty only for failure to comply with order (also
liable for response costs and treble punitive damages). No
administrative hearing.
"any person who generates, stores, treats, transports,
disposes of, or otherwise handles of has handled hazardous
waste shall upon request of the EPA (or of a State having
an authorized hazardous waste program) furnish information
relating to such wastes and permit such person at all
reasonable times to have access to (including right to
sample), and to copy all records relating to such wastes."
Civil Litigation
RCRA §3008(a)
RCRA §3008(h)
RCRA §3013(e)
RCRA §7003
CERCLA §106
CERCLA §107
Criminal Prosecution
RCRA §3008(d) - "knowing violation:"
(1) transports to unpermitted facility;
(2) TSD without permit, or in violation of material permit
condition, or in violation of material condition or
requirement of interjm status;
(3) omits material information, or makes false material
statement in any "application, label, manifest, record, report,
permit, or other document filed, maintained, or used for
purposes of compliance."
(4) "destroys, alters, conceals, or fails to file any record,
application, manifest, report, or other document required to
be maintained or filed for purposes of compliance."
(5) transports without manifest, or causes to be transported
without a manifest;
(6) exports without consent of receiving country, or in
nonconformance with international agreement;
(7) handles used oil in violation of any material permit condition
or requirement, or material condition or requirement of
applicable regulations.
RCRA §3008(e) -
commits one of the above "knowing" violations and thereby
knowingly "places another person in imminent danger of
death or serious bodily injury."
-------
Title 18, - Knowing and willful false statement.
U.S. Code - Conspiracy to defraud the United States.
Wire fraud/mail fraud.
Contractor Listing
40 CFR Part 15 - "adjudicated" Clean Air Act or Clean Water Act violations.
STATE ENFORCEMENT AUTHORITIES
Permit Denial
Permit "Bar"
Permit Modification
Permit Suspension/Revocation
Administrative Order
Summary Offense
Civil Litigation
Contempt
Criminal Prosecution
Property Transfer Bars and Superliens
-------
Appendix G
List of Toxicity Characteristic Rule
Correction Notices
-------
Toxicity Characteristic Correction Notices
• March 29, 1990 (55 EE 11798)
- Toxicity Characteristic Revisions: Final Rule.
. June 29, 1990 (55 IB 26986)
- Technical corrections to Toxicity Characteristic
Leaching Procedure (TCLP).
. August 2, 1990 (55 EE 31387)
- §3010 Notification for SQGs changed to 10/31/90.
August 10, 1990 (55 32733
- §3010 Notification for SQGs changed to 11/2/90.
• September 27, 1990 (55 £B 39409)
Clarified surface impoundment status.
- Wells in place by 9/25/91 for interim status
facilities or units.
- §3010 Notification for TSDFs and LQGs changed to
10/29/90 (Part A's remain due on 9/25/90).
- Clarified new permit modification requirements.
. October 5, 1990 (55 40834)
- Interim Final Rule granting 120 day stay of
compliance for certain hydrocarbon recovery
operations.
-------
September 27,1990 Correction Notice
-------
^adg^^B^tor^VoL55iNo^88/ltu»day^eptonb«^»J|W^^i£8*^nd^R2Qj^^^BW4fl9
f 1S&227S
(a) A tolerance of 6 parts per miilioa
(ppm) is established for residues of the
plant growth regulator. MA*-
dimethylpiperidinium chloride in the
processed fraction raisins, resulting from
application of the plant regulator to the
growing crop groups. Such residues may
be present therein only as a result of the
application of the plant growth regulator
to the growing grapes in accordance
with an experimental use permit that
expires June 30,1991.
(b) Residues in or on raisins not in
excess of 6 ppm resulting from the use
described in paragraph (a) of this
section remaining after expiration of the
experimental use program will not be
considered actionable if the pesticide is
legally applied during the term of and in
accordance with the provisions of the
emergency use permit and food additive
tolerance.
(c) BASF Corporation shall
immediately notify the Environmental
Protection Agency (EPA) of any findings
from the experimental use that have a
bearing on safety. The firm shall also
keep records of production, distribution,
and performance and on request make
the records available to any authorized
officer or employee of EPA or the Food
and Drug Administration (FDA).
PART 196—(AMENDED)
2. In part 186:
a. The authority citation far part 1M
continues to read as follows:
Authority: 21 U&C3M.
b. In t18&227S. by adding new
paragraoh (b). to read as follows:
} ItUTI mi dhnethylplportdhHiim
(bj A feed additive regulation is
established permitting the combined
residues of die plant growth regulator
AW-dimethy)piperidiniuin chloride in or
on the following feeds resulting from
application of the plant growth regulator
to grapes in accordance with an
experimental use program. The
conditions set forth below shall be met
Orapa pomac* (w«* i
RaWni
l<*yj-
3.0
28.0
6/90/91
6/30/91
(1) Residues in the feed not in excess
of the established tolerance resulting
from the use described in this paragraph
remaining alter expiration of the
experimental program will not be
considered to be actionable if the plant
growth regulator is applied during the
term of and in accordance with the
provisions of the experimental use
program and feed additive regulation.
(2) The company concerned shall
immediately notify EPA of any findings
from the experimental use that have a
bearing on safety.Hie firm shall also
keep records of production, distribution,
and performance, and on request make
the records available to any authorized
officer or employee of EPA or FDA.
(3) These temporary tolerances expire
June 30,1991.
(FR Doc. 90-2290* TOed 9-2S-00:8*5 am)
HUJWB COBS IMS IS f
40 CFR Parts 261,264,265, 2M, 271
and 302
[EPA/OSW-Wt-90-020; SWH-WL-JaJa-W
RIN2060-AA79
Hazardous Waste Management
System; Identification and Listing of
Hazardous Waste; Toxicity
Characteristic Clarifications
amuck EPA.
action: Final rule: clarification.
summary: On March 29.1990 (55 FR
11798). the Environmental Protection
Agency (EPA) promulgated the Toxicity
Characteristics (TC) rale to revise die
existing EP toxicity characteristics,
which ere used to identity those wastes
defined as hazardous and that are
subject to regulation under subtitle C of
the Resource Conservation and
Recovery Act (RCRA) due to their
potential to leach significant
concentrations of specific toxic
constituents. The preamble to these
regulations inducted implementation
guidance to assist the regulated
community in understanding their
regulatory obligation for managing new
TC wastes. This notice is intended to
clarify for the regulated community the
following issues: (1) The regulatory
status of suffice impoundments
managing newly regulated TC wastes.
(2) ground-water monitoring
requirements for newly regulated land
disposal facilities. (3) section 3010
notification requirements, and (4) permit
modification requirements.
DATIC Effective September 25,1990.
POM won— WWOWMATION COW I act:
For general information about this
notice, contact the RCRA/Superfund
Hotline at (800) 424-«346 (toll free) or
(202) 382-3000 In the Washington. DC
metropolitan area. For information on
specific aspects of this notice, contact
Steve Cochran. Office of Solid Waste
(OS-332), U.S. Environmental Protection
Agency. 401M Street SW., Washington.
DC 20460. (202) 475-8551.
A Background
On March 29.1990 (55 FR 11798), EPA
promulgated a rule to revise the
EP toxicity characteristics, which are
used to identify those wastes which are
hazardous and thus subject to regulation
under subtitle C of RCRA. The rule
broadened and refined the scope of the
hazardous waste regulatory program
and fulfilled specific statutory mandates
under the Hazardous and Solid Waate
Amendments of 1984,
Today's notice provides clarification
regarding four implementation issues
brought to the Agency's attention since
the publication of the final rule. First,
this notice provides clarification
regarding the compliance options for
surface impoundments managing newly
regulated TC wastes. Secondly, this
notice addresses the ground-water
monitoring requirements that owner/
operators of land disposal facilities
managing newly regulated TC wastes
must meet Third, the Agsncy is
providing additional clarification
regarding 19010 notification
responsibilities for genera tors end
owner/opera tors of treatment, storage,
and/or disposal facilities (TSDFs)
managing newly regulated TC wastes.
Finally, the Agency is clarifying the
permit modification requirements for
hazardous waste management facilities
with newly regulated wastes under the
TC.
Pilmdonn*J**dP*"r
-------
3X10 Fad—I Riglitg / VoL 58. Na m / Bwnd»y, September 27. 1890 f Rules and RtgnUtkiM
The universe of newly regulated
Toxicity Characteristic (TC) wastes
includes (along with other wastes) both
wastewaters and wastes generated from
the treatment of wastewaters. Some of
these watewaters and wastewater
treatment wastes are generated or
managed in surface impoundments.
Surface impoundments receiving,
generating. or actively managing newly
regulated TC wastes on or after
September 25,1980 are subject lb aO
applicable regulations for surface
impoundments "'¦"¦fffa'ff RCRA
hazardous wastes. Someof die factors
that determine- the regulatory statue of
these suiface impoundments far
permitting purposes and the various
compliance op tions are discussed
below.
1. Impoundments ceasing operation
prior to effective date.
Facilities with impoundments in
which newly regulated TC wastes
currently are generated, stored, and/or
disposed may cease operation of the
units prior to the effective date of the TC
(i.e., September 25,1990). If these units
have wastes in place but are not being
used for waste management after the TC
effective date, these inactive units
would not be subject to regulation under
40 CFR parts 284 or 285. However, it
should be noted that inactive units that
are located at facilities otherwise
subject to subtitle Cs interim status or
permitting requirements are solid waste
management units subject to corrective
action requirements under sections
3008(h) and 3004(u) of RCRA. All
facilities, of course, may be subject to
CERCLA cleanup authorities.
In some cases facilities will choose to
remove some or all of the wastes from
the impoundments. If the removed
wastes are not managed on or after the
effective date of the TC rule, they will
not be subject to subtitle C However,
any TC waste contained in inactive
impoundments that is removed (Le,
actively managed) after the effective
date would be subject to regulation. For
example, if the TC waste was exeavatid
for treatment and disposal, it would be
regulated as hazardous waste at the
time of excavation add would be
required to>be managed at a subtitleC
facility. Such a removal activity in and
of itseli however, does not subject the
inactive impoundment to subtitleC.
Z. Conversion to non-hazardous waste
impoundment
A facility with surface impoundments
in which TC wastes have been
generated and/or managed may choose
lo redesign or reconfigure the existing
wastewater treatment system prior to
the effective date such that only noo-
hazardous wastes ere generated or
managed in some or all units of the
treatment train on or after the effective
date of the rule. If all TC sludges are
removed from the surface
impoundments prior to the effective date
of the rule, die units may continue to be
used and will not be subject to subtitle
C of RCRA (provided no other
hazardous -wastes are generated,
managed, or disposed in the unit).
Under another scenario, there may be
surface impoundments that (1) wwiain
TC wastes depoeited prior to the
effective date, and (2) receive or
generate only non-hazardous wastes by
the effective date as a result of system
reconfiguration or modification. The
regulatory status of such unite depends
on how. the residual TC waste is
managed after the effective date of the
rule. If (l)*the TC wastes remain in the
surface impoundment on or after the
effective date of the rule, and (2) the unit
does not receive or generate any other
hazardous wastes on or after the
effective date, and (3) die impoundment
is the final disposal site for the wastes,
then the unit is not subject to subtitle C.
Note that EPA does not consider one
time removal of waste from e unit on or
after the TC effective date, in and of
itself, to make the unite storage unit
and thus subject to subtitle C. The
Agency.does not view*me time removel
of weste as part of a closure aa
the status of the unit, as long as there. •
lias not been ongoing management of
the waste in the impoundment. Removal
of waste Jn the context of a.closure
provides human health and
environmental benefits since it
eliminates potential sources of ground
water pollution. This approach is also
consistent with current operational
}nocadiuea far lanrifflk tmrir I
circumstances with retpect to newly
regulated TC wastes.
X Active hazardous waste
management impoundments.
Facilities witlrunits in which TC
wastes are managed on or after the
effective date of me'rule may continue
to use theseaqftsto manage TC wastes
if all applicable eUbtitteCrequirements
am sattsfiedLTheee facilities are
requiredJnnbtaininterimstatas and
apply for a permit (or submit a change in
interim status or a parurifibodificatiau.
if appropriate) in acoord^nbe with the
appropriate compliance datea* The onlts
will be subject tothe applicable
requirements of 40 CFRpkfts 284and
285 as of the effective dateof the TC.
As doscribed in section 2 above,
facility owners or operates may elect to
manage only non-hazardous wastes in
surface impoundments so that the unit
will not be subject to subtitle C
However, there are a number of
scenarios where these impoundments
could become regulated. For example, if
any TC waste remains in the surface
impoundment on the TCs effective date
end the impoundment ia not the final
disposal site for the wastes, then the
impoundment is considered to be
actively maneging (e^. storing)
hazardous waatas and therefore is
subject to the Subtitle C requirements
upon the effectfvedate of the rule. If e
facility plans to remove an a periodic
basis all or aame of the TC waste from
the unit on or after the effective date of
the TC rule, the unit would be subject to
subtitle C (including permitting, facility-
wide corrective action, financial
responsibility) on the effective date of
the rule.
A second example would be where
the non-hazardous waatewater influent
lo a unit causes a TC hazardous sludge
(disposed prior to the effective date) to
be scoured from the unit so that die
effluent from the unit exhibits the TC on
er after the effective date. In that case,
the unit generating this TC waatewater
and any surface impoundment receiving
thet hazardous effluent would be subject
to the subtitle C management standards
and would need to be under interim
status or obtain a permit
A third example is where a TC waste
is generated within the unit from non-
hazardous wastewater on or after the
TC effective date. This could occur
where the hazardous constituents in the
wastewater become concentrated, or if a
new TC sludge is formed by settling. In-
these examples, once the TC waste is
generated and stored or disposed of in
the unit, the unit ia subject to subtitle C
C Ground-Water Monitoring
Requirements
The Agency ia aware of confusion
regarding the timing of the subtitle £
ground-water monitoring requirement*
as they apply to land disposal milts or
facilities thet are newly regulated as a
result.of the final TC SubpartFof40
CFR part 265: describes theground-water
monitoring requirement* far Interim
status hind dispoAd fadlltteft
hazardous wastes. The applicability
section 6f subpart F (see 128840} iftiioL
clear as to whe&er such unit* or
facilities newly regulated under the
toxicity characteristic must comply With
the ground-water monitoring
requirements on die effective date of the
-------
Federal Register / Vol 55. No. 188 / Thursday. September 27. 1990 / Rules and Reg»j«Hg»» w
TC [i.e.. September 25.1980) or one year
later on September 25.1991.
In 1980, the Agency promulgated the
interim atatua program, including the
part 265. aubpart F ground water
monitoring requirement*. The Agency
allowed affected facilities an additional
year from the effective date of the
regulations for compliance with the
groundwater monitoring requirements as
codified at 5 265.90(a): "within one year
after the effective date of these
regulations, the owner or operator * * *
must implement a ground water
monitoring program capable of
determining the facility's impact on the
quality of pound water. * * *" EPA
provided this delayed compliance
schedule for groundwater monitoring
requirements in order to allow facilities
sufficient time to properly plan and
install groundwater monitoring systems
(45 FR 33161. May 19. I960). EPA
believes that the rationale for allowing
an additional year after the effective
date of the initial regulations for full
implementation of groundwater
monitoring requirements is also
applicable to newly regulated facilities.
EPA believes that die 6 month effective
date provided for RCRA regulations is
insufficient to allow for proper site
characterization and well placement.
Thus. EPA interprets i 285.90(a) to
provide a one year timeframe from the
effective date of new listings or
characteristics rule* for the
implementation of a complete
groundwater monitoring program at
newly regulated units or facilities. The
Agency intends to codify this in a future
rulemaking by modifying the
appropriate-sections of the regulations.
Consistent withEPA's implementation
of the loss of interim status requirement
for land disposal facilities in 1985 (50 FR
38946. September 25,1985). land
disposal facilities newly subject to the
ground-water monitoring requirements
must complete site characterization and
design and installation of groundwater
monitoring systems capable of
determining the facility's impact on
ground water quality by September 25,
1991. Therefore, owner/operators who
have not already done so should
immediately commence characterizing
their facility's hydrogeology and
designing and installing their
groundwater monitoring systems to meet
thir As.in 198S. EPA intends to
rigonwsl|c enforce both the part 288
aubpantP-nquiremenUandthalossef
interim statasreqaiimsBts.
TocSrlify compliance with these
requirements, facilities nrust submit s
ground-watennofaitoringsystem
oartificatfoii. ¦certification* of financial
responsibility and part B permit
applications by September 25,1991.
D. Section MM Notifications
In the; preamble to the TC final rule.
(55 FR 11849). the Agency indicated that,
pursuant to RCRA section 3010, the
Administrator may require all persons
who handle hazardous wastes to notify
the Agency of their hazardous waste
management activity within 90 days
after the wastes are identified as
hazardous. For the TC rule, the
notification date was June 27.1990.
However, the Agency waived
notification for those facilities that
already have notified EPA of their
hazardous waste activity under section
3010 of RCRA and have obtained an
EPA identification number.
Based on inquiries received by
various EPA offices concerning the
notification requirements, and a review
of the preamble language, the Agency
understands that a significant number of
regulated facilities may have been
confused by certain language in the
notification section of the TC preamble.
As a result tha Agency is today
clarifying the notification requirements
for generators and TSDFs, and is also
providing additional time for such
notification.
Notification requirements for large
quantity generators (those that generate
more than 1,000kg per month of total
hazardous waste) and TSDFs. as
specified in the TC final rule, required
notification by June 27,1980 unless they
had already notified EPA of hazardous
waste activity and obtained an EPA
identification number. Based on
inquiries received by various EPA
offices, it is apparent that ftany persons
did not understand that in order to have
the notification requirement waived, a
generator must have met two criteria: (1)
They must have previously notified -the
Agency of hazardous waste
management activity, and (2) they must
have received an EPA identification
number (sea 1282.12). Some persons
interpreted this section to mean that any
previous notification under any Agency
program (rather than under the RCRA
program) was sufficient Others took the
interpretation that if they had an EPA
identification number Cor any Agency
program. that was sufficient to take
advantage af the notification waiver.
Both interpretations are incorrect Due
to this apparent confusion, the Agency
is today allowing large quantity
generators aad TSDFi newly regulated
by the X&addttfoaafrlaie'to Aotityrtha
appropriate EPA'JbStanri'pfBee of "their
hazardous actfaity^Largs quantity
generators and TSDFs bra until
October 4a,19SQ tewiMifyMhaAgency at
activity. This is done by completing a
section 3010 notification form (EPA
Form 8700-12. dated 7/90; see 88 HI
31389. August 2.1990 for a copy at the
form) and sending it to the appropriate
EPA Regional Office. It is important to
note that this extension applies only to
the notification requirement and does
not provide en extension for any other
requirement under TC rule. iwrJnriinj the
date by which an EPA ID nnmh— mn.t
be obtained.
For newly regulated TSDFs. RCRA
specifies that in order far a newly
regulated Itiijf to be granted interim .
status, three conditions must be mete (1)
Hie facility/unit must be in ««t on
the effective date of the rule; (2) die
facility must submit a section 3010
notification (if required by the Agency)
within the required time frame (for the
TC the date was June 27,1980): and (3)
the facility must submit a part A by
September 25,1990. As indicated above,
the Agency is today extending the time
by which TSDFs must notify the Agency
in order to be eligible for interim status
to October 29,198a This is dona by ¦
completing a ssction-3010 notification
form (EPA Form 8700-12 as described
above) and sending it to die appropriate
EPA Regional Office. This extension of
the section 3010 notification data does
not affect the date part A applications
are due. which remains September 25.
199a It also does not affect the
compliance date for any other
requirement other than the section 8010
notification.
Notification requirements for small
quantity generators (generators of
between 100 and 1,000 kg of total
hazardous waste per month) newly
regulated as areeultof the TC went
already clarified in a TC domctkn
notice-published in die Federal-Register
on August 2,1990 (see page 31387; s4e
also editorial correction notice dated
August 10,199a page 32733). Sthall
quantity generators that are newly
regulated by theTC are required tb
notify their respective EPA Regional
Office by Novwnber 2,~1980 ef their
hazardous waste management activity.
This is done by completing a section
3010 notification form (EPA Form
8700-12 as described abdve) and Seoding
it to the appropriate EPA Regional
Office.
Ilw Toxicity: Characteristic (TQ n)e
is expected to capse many peradttsd
facilities to~WM& modificatidns ttflheir
permits. The TC is the first-major
expansion ofieguiated wastes node*
part 281 staeetheuewt permit
modification rulewaa^eomulgatodoii
September 28,1988 (53 FR 37912). In the
-------
39tia Fad—I Rsnletas / VoL 58. No. 188 / Thursday, September 27. 1990 / Rolei and Regnlations
preamble to the TC nla, the Agency
generally describedthe implementation
of the permit modification prooedam
for newiy regaleted wastes (tee 58 FR
11840, March 28,1990). However, the
Agency has received question* asking
for clarification of certain provisions of
the new modification rule.
Under the new permit modification
procedures, permitted facilities that
manage TC wastes must submit Class 1
permit modtfUaHons to the appropriate
EPA Rational Office by the TC rue
effective 9tptnbv 28,1Mfli if
regulated TC wastse in units that
requi»ejeiait(ese |«jttiajgfcA
ronfeaion about tha type and extent of
submit with these Class 1 pennit
from the fact that | 27(Ma(g) does not
it is at this time that the detailed part B
Information must be submitted. It Is
expected that a Class 2 for 3 pennit
change will be necessary for virtually
every facility that has wastestreams
which are newiy regulated as hazardous
under the TC. In situations where a
wasteatream was already regulated as
hazardous under the permit but now has
additional waste codes associated with
it due to the TC rule, only a Class 1
modification may be required.
Dated; SeplsmbwU. MOB.
Acdng.JtmriMttmtAdMiiai$tnMtur. Offlcaef
Doe. SB-aan Filed MB-We MB em]
in 127042(a) suggests that Jadlities
must aha satmiti the datailed part B
MBniun
llinillkR«knUL8Qflaiid
2708S. However, this is not the intent of
the requirements aider f 27042(g)
Management Agency (FEMA).
ACnow Final tale.
for farlHttse to
data by the effective
the mote extensive information
intended for facility changes Jadtletad by
an owner/operator; oat lor changee
under 127042(g) resulting from new
Agency.
The new waste provision of
127042(g) is anal^ous to the
prooedurss required fee interim status
facilities or newly regulated facilities,
where a facility ceacontinae to manag
newly regulated wastee byeabmltttng
basic information about the affected
complying with die pert 288
management standards far any newly
regulated units until final permit
conditions are developed Therefore, the
Clasa 1 submission would oomptise a
revised part A form dearly JadioatiBg all
activities that are newly regulated as a
result of die TC rule, and any other
description that will clarify which units
at the facility are managing the new
wastes. This Class 1 permit modification
serves ae a notification to the Agency
end the pabtte of the newly regulated
i This updates and
displays the Office of Management and
Budget (OMB) control numbers assigned
by OMB for collections of information
contained in. or authorised by. FEMA
regulations, The update la necessary to
make corrections to parts and sections
and control numbera listed inoorrectly,
add new requirements, said delete
requirements no longer needed or
controlled.
7.1990
Linda 8. Bonor. (lOqBMMM
PeperwockRedubtioa Act of1960(44
UAC. 8801 e* tq.) —ska. in pert lo
minimise the Federal peperwork burden.
The Act requires that egendee obtain
OMB review end clearance of certain
requirements/ooQectkms of informatian
and ghw public notioe of such clearance
numbers. TMsnde amends 44 CFR part
2, subpart C to update-and display the
CU111AN ISUIUUm ¦SSBMu Djr UMS TO
FEMA's collections of informatian
which ere oantained hi. or authorised
by. FEMAregulatlons.
submitted 180 days after the TC
effective date (Le« March S4.1991), and
t ttUDI Wiul pfOCAuUVfll
matters, It is not subject to the
prpy kw %k cm iwBiiiiitutnvt
Procedure Act (8 U&C. TO1-M8 mi eeg.)
FEMA has determined fliat this
regulation will not impose unnecessary
burdens on the economy or on
individuals, and therefore, la not
significant for the purposes of Executive
Order 12291: that a regulatory analysis
is not required: that environmental
impact documents under die National
Environmental Policy Act of1989 are not
required since the action is
administrative and categorically exempt
from 44 CFR part 10: end thet the
updated cumulative list of assigned
OMB control numbers is not subfect to
further review and dearance by OMB
under die Paperwork Redaction Act of
1880.
List of Subjects in 44 CFR Parts
Authority delegations (government
agencies). Organization and functions
(government agencies). Reporting and
recordkeeping requirements.
Accordingly, title 44. chapter I.
subchapter A of die Code of Federal
Regulations, part 2. subpart C la
amended as follows:
PART 2—{AMENDED]
Subpart C—{ Amended]
1. The euthority dtation for part 2,
subpart C continues to read as follows:
Authority: 48 FR 38503, Sept. IB. 1064; as
amended at 80 FR 40006. Oct 1.1988; SlFR
34604. SepL 3011666
|Ut
2. Section LSI Is amended by revising
the cumulative list of parts and sections
in 44 CFR which identifies or describes
FEMA's information collection
requirements that have been assigned
OMB control numbers as follows:
44 CFR part or
SSader
7
11.86, - ...
11.64——
UMpslD,
68JS-^
62 Sufcpart C. 62 App. A, 62 Af*
69 "
644C*.
sac 67.
70
71.
TBMpsMS.
sasiss.
Omm omb
Consul No.
>067-0177
3067-0122
3067-4122
3067-0167
3067-0020
3067-0016
3067-6022
3067-0022
3067-0166
3067-0186
3067-0147
3067-0146
3067-0147
3067-0120
3067-0127
3067-0031
3067-0141
-------
Waste ID and LDR Compliance
Monitoring for TC Wastes
-------
Waste ID and LDR Compliance Monitoring for
RCRA Toxic Characteristic Wastes: EP v. TCLP'
90-Day National
Capacity Variance Effective Data Effective Dale
TC Rule Third Third For All Third Third 0f JC Rule for of TC Rule lor
Promutgatad Promulgatad Waste Explras TC LQGa and TSDFa TC SQGs
March 29, 1990 May 8, 1990 Auguat 8, 1990* Saptambar 25, 1990 March 29, 1991
II II 1
1 1 *
Us® either EP or TCLP tof wast# ID and use TCLP for compliance monitoring \ TC LOGs and TSDFs use TCLP for both waste ID and
Sea: Notes 3 and 4 \ monitoring
\ 1 ~
TC SQGs use TCLP for both
waste ID and compliance
monitoring
See: Notes 3 and 4
NQTES
1 Waataa solely Identified by a new characteristic are not subject to the LDRs until standards srs promulgated. This inoludes
wastes that srs hazardous by ths TCLP, but not ths EP (s.g., a load waste falls ths TCLP, but not the EP). This wssts Is not
sub|ect to ths LDRs ss it Is nswly Idsntlflsd. They srs hszsrdous wsstss subject to' sppllcsbls Subtitls C requirements.
2 During the 90-dsy national capacity variance, ths wssts Is subject to 268.7, Csilfomls list prohibitions snd MTR requirements
for disposal In landfllia and surface impoundmsnts.
3 In addition to tho uaa of ths TCLP for wasts ID, authorlzsd Statss may rsqulrs ths uss ot ths EP until thsy amend their
Ststs program.
4 EP may contlnuo to bs used for compllsnes monttorlng for osrtsln 0008 (lead) and D004 (arsenic) until further notice.
-------
Appendix J
Reportable Quantities for TC
Constituents
-------
Appendix J
REPORTABLE QUANTITIES FOR TC CONSTITUENTS
Table 902.4.—tier or Hazardous Sumtamcesamd Repoktmls Quantities
StoUoiy
Ftatfno
Hmrdoua aMm
CA8RN
RaguMory tynongana
no
Codaf
flCRA
Category
f£Kr
Pound* (Kg)
• •
nf Tiwift)
•
• •
. •
•
1 iMir
-... MA
•i
4
0004
X
1 (01464)
¦«ka» (D005I..
NX
m
4
0008
c
1JQ0Q (454)
BanH"*
MA.
100*
1.2.9.4
OOW
A
10 (4*4)
d—
NX
m
4
0009
A
10 (4.94)
C«ta» Maauttrtda (D019I
HA.
SJOOB
1.2.4
0019
A
W (434)
Chtordana (D020) —
NX
1
1.2.4
0000
X
1 (MS4)
CMorobanxana (0021)
NX
100
1.t«
0021
B
100 (4S.4)
Ohlumton* (Q022>
NX
MOO
1.2.4
0022
0007
A
10 (4.54)
cmrtM ®007)
NX
•1
4
A
»• (434)
¦fA
1,000
1.4
000
c
1409 (454)
HA ..._
1,000
1.4
0094
c
14)00 (464)
jv^rnof |°°*l— i m. .
NX
1,000
1.4
0025
c
1.000 (454)
- ipiwi
NX
1,000
1.4
0028
c
1,000 (454)
2.4-O (0019)
— NX
100
1.4
0016
e
100 (45.4)
144»eMa>abmam (0027)
NX
100
1.2.4
0027
B
100 (45.4)
i^oMMeraMhM (0029)
NX
s/x»
1.2.4
0020
B
100 (45.4)
1,1-OtcMoroathytana (0029)
— NX
5,000
V2.4
0029
B
100 (45.4)
2.443lnttro4ohiana (D030)..
1,000
1.2.4
0030
A
10 (4.54)
ErtWn (D012)
NX
1
1.4
0012
X
1 (0.454)
HaptanNnr (and hydradda) (0031)...
_ NX
1
1.2.4
D031
X
1 (0.454)
NX
•1
2.4
0032
A
10 (4.54)
H^Marabutadtona (0033)
— NX
•1
2.4
0033
X
1 (0.454)
li—iWniimnana (0034)
NX
•1
2.4
0034
B
100 J45.4)
1*4*1(0008)
— NX
•1
'4
Dooe
(#)
Undana (D013)
. NX
1
1. 4
0013
X
1 (0.454)
Maratfy (tKKIf)
NX
M
4
D0O9
X
1 (0.454)
Mjaiuornior (0014)
NX
1
1. 4
D014
X
1 (0.454)
IMIiyl atfi* katona (0035)
— NX
•1
4
0035
D
5,000 (2270)
NMu*anian« (0038)
NX
1.000
1.2.4
D036
C
1,000 (454)
p^nm.Nnmpftannl (0037) —
— NX
10
1.2. 4
0037
A
10 (4.54)
pyrtftw (0038)
•1
4
0038
C
1,000 (454)
Satanum (0010) ;
— NX
•1
4
0010
A
10 (4.54)
9hm (D011).
•1
4
0011
X
1 (0.454)
TamcMoKMhytona (0039)
— NX
•1
2.4
0039
B
100 (45.4)
Tonphana (0015)... —
. NX
1
1. 4
0015
X
1 (0.454)
{TYU/ty
NX
1000
1.2.4
0040
B
100 (45.4)
2.4>TricMoiaamylana (0041)
_ NX
10
1. 4
0041
A
10 (4.54)
2^,9-Trichtarophanol (0042)
~ NX
10
1.2.4
0042
A
10 (4.54)
t,4Jt-TP (0017)
— NX
100
t. 4
0017
6
100 (45.4)
Vbiyt cfitortda (0043)
— NX
•1
2.3.4
0043
X
1 (0.454)
• •
•
• •
•
•
•
f—«idicataa tha ttatutory mm m dafinad by 1, 2, 3, or 4 Mow
•'-Mtettp 9* 9wWwand RO to a CSftCU aMtiWy HO.
f (npclaa 9iat9>aHQtoai*
-------
AGENDA
Toxicity Characteristic Enforcement Workshop
Morning (8:30 - Noon)
Introduction to the TCRule
Hazardous Waste Definition
EP Toxicity (1980)
TC Rule
- Constituents
- Regulatory Levels
Toxicity Characteristic Leaching Procedure (TCLP)
Generator Testing Requirements
Implementation
Enforcement Overview
Enforcement Components
TC Reporting and Compliance Requirements
TC Enforcement Strategy
Enforcement Response Policy
RCRA Implementation Study Recommendations
TC Issues and Responses
- Late and non-notifiers
- Late or no Part A
- Late or inadequate Part B and/or LOIS certifications
- TC special cases
Regional Considerations
Interactive TC Regulatory Scenarios
Surface Impoundments
Afternoon (1:00 - 4:00)
Interactive TC Regulatory Scenarios (cont.)
Land Disposal Restrictions
Underground Storage Tanks
NPDES
Used Oil
Underground Injection Control
Pesticides
Case Studies
Newly Regulated Facility
TSDF Previously Regulated by RCRA
Previously Regulated Generator
Newly Regulated Generator
Instructors: Hugh Davis FTS 475-9867 Rose Lew FTS 475-6720
-------
TC WORKSHOP EVALUATION FORM
Please take a moment to complete this form to help us improve future workshops.
Thank you.
1. Please rate the overall quality of the workshop on a scale of 1 - 5
(1= poor; 5=excellent).
2. Did we meet the workshop goals?
3. Did the workshop meet your needs?
4 What did you like best about the workshop?
5. What would you change to improve the workshop?
6. How do you rate the case studies (1 ineffective, 5=very effective)?
7. Please rate the instructors (1 unqualified, 5=very qualified).
8. For what other RCRA subjects would you like to see training offered?
Years in Environmental Field:
Years in RCRA Enforcement:
-------
Key Contacts for More Information on the Toxicity Characteristic
Topic Area
Contact
Phone
General TC Questions
Steve Cochran
Dave Topping
Daryl Moore
FTS/202-382-4769
FTS/202-382-7737
FTS/202-475-6721
Enforcement
Hugh Davis
Rose Lew
FTS/202-475-9867
FTS/202-475-6720
Permitting
Frank McAllister
Wayne Roepe
FTS/202-382-2223
FTS/202-475-7245
Pollution Prevention
Method 1311 (TCLP)
Method 1311 QA/QC
RCRA Docket
RCRA Hotlini
Daryl Moore
Gail Hanson
Jeanne Hankins
FTS/202-475-6721
FTS/202-475-6722
FTS/202-382-4778
FTS/202-475-9327
FTS/202-382-3000
also 800-424-9346
LDR for TC Wastes:
Third Third
BDAT Treatment
Standards
UIC
Rhonda Craig
Richard Kinch
Larry Rosengrant
Bruce Kobelski
FTS/202-382-7917
FTS/202-382-7917
FTS/202-382-7275
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