ECDIC-1998-035
    WOOD PRESERVING RESOURCE
 CONSERVATION AND RECOVERY ACT
          COMPLIANCE GUIDE

A GUIDE TO FEDERAL ENVIRONMENTAL REGULATION
                  JUNE 1996
                Office of Compliance
         Office of Enforcement and Compliance Assurance
            U.S. Environmental Protection Agency
             401 M Street, SW (MC 2221-A)
               Washington, DC 20460
                EPA-305-B-96-001

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                                                                                   June 19, 1996
                         ******* IMPORT A1VT IVOTir^F *******
                                  IMPORTANT NOTICE

       This document attempts to explain in one place the sometimes complex Federal requirements that
wood preserving facilities are subject to under the Resource Conservation and Recovery Act (RCRA).
This guidance document should not be interpreted as providing changes to existing regulations. It is
intended only as a clarification of existing regulations.  Furthermore, because the Guide is designed to
summarize, in plain English, the applicable regulations and to provide additional information sources, it is
not a substitute for regulations published in the Code of Federal Regulations (CFR).  In order to further
simplify the additional Federal regulations that apply to these facilities, background information on the
industry and summaries of other environmental statutes that effect this industry are included.

       This document was prepared by EPA contractor Booz -Allen & Hamilton Inc. in close consultation
with an ad hoc task force composed of EPA and State inspectors. The document responds to questions
raised by industry personnel via the American Wood Preservers Institute.  It has been reviewed by  the
Association of State and Territorial Solid  Waste Management Officials (ASTSWMO) and industry
representatives associated with the American Wood Preservers Institute.

       This Guide is an outgrowth of the U.S. EPA's Office of Compliance Sector Guide Project. During
the project, a series of 18 profiles on various industry sectors (as defined by two digit Standard Industrial
Codes) was developed containing information of general interest.  The EPA document numbers of the
profiles range from EPA/310-R-95-001 to EPA/310-R-95-018. This Guide, which is in extension of the
Profile of the Lumber and Wood Products Industry (EPA/310-R-95-006), contains detailed information
on the Wood Preserving Industry (SIC 2491).  The goals of the Guide are to  provide environmental
professionals with useful information specific to the wood preserving industry, such as process descriptions
and the geographic distribution of the industry, and to address in plain-English  many  of the regulatory
interpretation questions that arose out of the RCRA drip pad standards and hazardous waste listings.
Cover photo courtesy of Universal Forest Products, Inc.
Introduction

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                                                                                June 19, 1996
The document can be purchased from the Superintendent of Documents, U. S. Government Printing Office.
All telephone orders should be directed to:

       Superintendent of Documents
       U.S. Government Printing Office
       Washington, DC 20402
       Phone (202)512-1800
       Fax (202)512-2250
       8:00 a.m. to 4:30 p.m., EST, M-F
All mail orders should be directed to:

       U.S. Government Printing Office
       P.O. Box 371954
       Pittsburgh, PA  15250-7954
Complimentary volumes are available to certain groups or subscribers, such as public and academic
libraries, Federal, State, local, and foreign governments, and the media.

Electronic copies of this Guide are available at:  www.epa.gov/oeca/metd/lumber.html

Comments or questions about this Guide should be addressed to:

U.S. Environmental Protection Agency
Wood Products Contact
Manufacturing Energy and Transportation Division (2223 A)
401 M Street S.W.
Washington, D.C. 20460
Phone (202) 564-2300
Introduction                                  iii

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                                                                             June 19, 1996
U.S. EPA would like to thank the many individuals from industry and government and especially the
participants on the EPA/State Wood Preserving Task Force and the American Wood Preservers Institute
RCRA Task Force for generously donating their time and expertise reviewing this Guide. EPA recognizes
that not all of those who reviewed the Guide agree with all of its content.

Wood Preserving Compliance Task Force Members
State Agency Representatives
Yen Bao
Penny Brown
Gary Calaba
Karen Gates
Martin Herrick
Vonnie Kallemeyen
Viki Leuba
Jim McNamara
Andy Slusarski
Virginia
West Virginia
Oregon
Florida
Wisconsin
South Dakota
Washington
Georgia
Maine
U.S. EPA Representatives
Anthony Carrell
Mike Fagan
Bart George
Bill Hamele
Seth Heminway
Bruce Long
Dan Patulski
Bill Rothenmeyer
Ron Shannon
Mike Silverman
Anna Torgrimson
Headquarters
Region X
Region U
Headquarters
Headquarters
Region X-Oregon
Region V
Region VUI
Region VT
Region X-Idaho
Region IV
Phone

(804) 698-4403
(304) 256-6850
(503) 229-6534
(904) 448-4320 ext. 368
(608) 266-5798
(605)773-3153
(509)625-5179
(404) 657-8657
(207)287-2651

Phone

(703) 308-0458
(206)553-6646
(206)637-3192
(202) 564-4012
(202) 564-7017
(503) 326-3686
(312)886-0656
(303)312-6045
(214) 665-2282
(208)334-9389
(207)287-2651
Introduction

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                                                                             June 19, 1996
Amercian Wood Preservers Institute Compliance Task Force
Gene Bartlow
President
American Wood Preservers Institute
1945 Old Gallows Rd. Suite 150
Vienna, VA  22182
(703) 893-4005
Scott Conklin
Director of Wood Preservation
Universal Forest Products
2801 East BeltlineN.E.
Grand Rapids, MI 49505
(616)365-1563
Nick Bock
Manager, Environmental Affairs and
Regulatory Compliance
Kerr-McGee Chemical Corp.
P.O. Box 25861
Oklahoma City, OK  73125
(405) 270-2394
Mr. Martin Rollins
President
H. Martin Rollins Company
P.O. Box 3471
Gulfport,MS  39505
(601)832-1738
Steve Smith
Environmental Manager
Koppers Industries, Inc. (rm. 1800)
436 Seventh Ave.
Pittsburgh, PA 15219-1800
(412)227-2677
Ross Worsham
Senior Environmental Engineer
Atlantic Wood Industries Inc.
P.O.1608
Savannah, GA  31402
(912) 964-1234
Introduction

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                            TABLE OF CONTENTS
SECTION 1 - INTRODUCTION

Introduction	1-1
Intended Audience	1-2
Scope of the Compliance Guide	1-2
Potential for Increased State Stringency  	1-2
Using this Guide	1-3
References to Regulation	1-3

SECTION 2 - OVERVIEW OF THE WOOD PRESERVING INDUSTRY

Industry Overview	2-1
Surface Protection versus Wood Treatment  	2-1
Wood Preserving Process  	2-3
Oil-Borne Processes 	2-4
Health Concerns Associated with Wood Preserving Industry	2-8
Health Precautions for Plant Personnel	2-10

SECTION 3 - GENERAL OVERVIEW OF RCRA

Introduction	3-1
Why the RCRA Program was Developed	3-1
RCRA Program Goals	3-2
RCRA Subtitle C	3-2
Identification Of Hazardous Waste	3-3
Hazardous Waste Under RCRA	3-3
Characteristic Wastes	3-3
Listed Wastes 	3-4
Hazardous Waste Mixtures  	3-6
Contaminated Media 	3-6
Derived-from Hazardous Waste	3-7
Acutely Hazardous Waste  	3-7
Generators Of Hazardous Waste	3-7
Episodic Generation	3-9
Hazardous Waste Counting  	3-9
General RCRA Requirements for Generators of Hazardous Waste	3-10
EPA Identification Number	3-10
Pre-Transport Requirements	3-11
Accumulation Requirements	3-11
Large Quantity Generators	3-11
Treatment in Generator Accumulation Units	3-12
RCRA Air Emission Standards	3-12

Introduction                                vi

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                      TABLE OF CONTENTS (CONT'D)
Small Quantity Generators	3-12
Conditionally Exempt Small Quantity Generators	3-13
Satellite Accumulation 	3-13
Storage Requirements 	3-14
Combined Use of Drip Pads, Containers, and Tanks/Sumps at Wood Preserving Facilities 	3-15
Manifest Requirements	3-16
Personnel Training	3-16
Contingency Plans  	3-17
Recordkeeping and Reporting Requirements	3-17
Land Disposal Restrictions	3-20
Waste Subject to LDR Requirements	3-21
RCRA Permitting	3-22
Permit Exemptions	3-22
Permitting Standards  	3-22
Permit  Applications	3-23
Wood Preserving Facilities  and Permits  	3-23
Closure Requirements at Permitted Facilities	3-24
Post-Closure Requirements 	3-25
Closure of Wood Preserving Facilities  	3-25
Underground Storage Tanks	3-26
State Authorization	3-26

SECTION 4 - RCRA WASTE GENERATED BY WOOD PRESERVING

Introduction	4-1
Health  Concerns of Wood Preserving Wastes	4-1
Wastewater	4-3
Process Residuals  	4-3
Drippage and Process Residuals	4-4
Contaminated Clothing and Other Materials 	4-5
Hazardous Wastes Generated by Wood Preserving Operations  	4-5
Exclusions from the Definition of Solid Waste	4-8
Closed Loop Recycling 	4-9
Direct Use/Reuse	4-10
Reclaimed Spent Wood Preserving Solutions 	4-10
Wood Preserving State Authorization Issues	4-13
Pollution Prevention Opportunities 	4-15
Pollution Prevention Case Study	4-17
Frequently Asked Questions	4-18

SECTION 5 - DRIP PADS
Introduction                                  vii

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                     TABLE OF CONTENTS (CONT'D)
Introduction	5-1
New vs. Existing Drip Pads 	5-2
Drip Pad Design Standards 	5-2
Sealed Drip Pads	5-5
Drip Pad Liners	5-5
Leak Detection Systems	5-6
Liquid Collection Systems  	5-6
Run-on and Run-off Control	5-7
Drip Pad Operation	5-7
Temporary Accumulation of Hazardous Waste on Drip Pads  	5-7
Assessment of Drip Pad Integrity	5-8
Existing Drip Pads	5-9
New Drip Pads 	5-10
Inspections	5-11
The Operating Log	5-12
Releases of Hazardous Waste from Drip Pads 	5-13
Contingency Plans 	5-14
Closure of Drip Pads	5-14
Frequently Asked Questions	5-15

SECTION 6 - STORAGE YARDS

Introduction	6-1
Stormwater Run-off in Storage Yards	6-2

SECTION 7 - TANKS AND SUMPS

Introduction	7-1
New vs. Existing Tanks  	7-2
Assessment of Existing Tanks	7-2
Assessment of New Tanks	7-2
Corrosion Protection	7-3
Leak Detection and Secondary Containment	7-3
Leak Detection Systems	7-4
Secondary Containment Devices 	7-4
Exemption from Secondary Containment Requirement  	7-5
Secondary Containment for Ancillary Equipment	7-6
Operating and Maintenance Requirements  	7-6
Inspections	7-6
Response to Releases	7-7
Closure	7-7
Underground Storage Tanks	7-8

Introduction                                viii

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                     TABLE OF CONTENTS (CONT'D)
SECTIONS - ADDITIONAL STATUTORY REQUIREMENTS

Clean Water Act	8-1
NPDES Program	8-1
Stormwater Discharges  	8-2
Pretreatment Program  	8-3
Federal Insecticide, Fungicide, and Rodenticide Act	8-3
Clean Air Act	8-4
Comprehensive Environmental Response, Compensation and Liability Act	8-6
Emergency Planning and Community Right-to-Know Act	8-7
Safe Drinking Water Act  	8-19
Hazardous Materials Transportation Act  	8-110
Pollution Prevention Act	8-110
Toxic Substances Control Act 	8-11

APPENDICES

Appendix A   Instructions on Electronic Access to this Guide
Appendix B   Contact Lists
Appendix C   Facility Checklist - RCRA Recordkeeping and Reporting Requirements for  Wood
             Preserving Facilities
Appendix D   Subpart W (Drip Pad) Checklist
Appendix E   Tank Systems Checklist for Generators (Subpart J)
Appendix F    Facility Checklist - Other Laws
Introduction
                                          IX

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                                LIST OF EXHIBITS
Exhibit 1   Geographic Distribution of Wood Preserving Facilities  	2-2

Exhibit 2   Industry Facility Size Distribution -1992	2-2

Exhibit 3   Wood Preserving Facility Process Schematic (oil-borne preservative)	2-6

Exhibit 4   Wood Preserving Facility Process Schematic (water-borne preservative)  	2-7

Exhibit 5   Hazardous Waste Identification 	3-6

Exhibit 6   Code of Hazardous Waste Counting	3-10

Exhibit 7   Requirements for Wood Preserving Facilities that are
          Generators of RCRA Hazardous Waste	 3-19,20

Exhibit 8   Relationship Between State Authorization Status and
          HSWA/Non-HSWARulemakings	3-28

Exhibit 9   Wood Preserving Process Inputs and Pollution Outputs  	4-2

Exhibit 10 Hazardous Waste Generated at Wood Preserving Facilities	4-7

Exhibit 11 Wood Preserving Hazardous Waste Code Identification Table 	4-8

Exhibit 12 Codes of Hazardous Waste Identification for the Wood Preserving Industry	4-12

Exhibit 13 State Authorization/Delegation of RCRA Wood Preserving Rules	4-14

Exhibit 14 Side View of Typical Drip Pad	5-4

Exhibit 15 Front View of Typical Drip Pad	5-4

Exhibit 16 Drip Pad Construction and Certification Requirements  	5-11

Exhibit 17 Responding to Drip Pad Cracks	5-12
Introduction

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                             LIST OF ACRONYMS
ACA        Ammonical Copper Arsenate
ACC        Acid Copper Chromate
ACQ        Ammonical Copper Quat
ACZA       Ammonical Copper Zinc
             Arsenate
ARARs      Applicable or Appropriate
             Requirements
ASTSWMO  Association of State and
             Territorial Solid Waste
             Management Officials
AWPI       American Wood Preservers
             Institute
             Clean Air Act
CAA
CAP

CBA
CC
CCA
CDDC

CERCLA
CFR
CIS
CWA
DOT

EHS

EPA

EPCRA
Consumer Awareness
Program
Copper Azole
Ammonical Copper Citrate
Chromated Copper Arsenate
Copper
Dimethyldithiocarbomate
Comprehensive
Environmental Response,
Compensation, and Liability
Act (commonly known as
Superfund)
Code of Federal Regulations
Consumer Information Sheet
Clean Water Act
U.S. Department of
Transportation
Extremely Hazardous
Substance
U.S. Environmental
Protection Agency
Emergency Planning and
Community Right-to-Know
             Act
FIFRA       Federal Insecticide,
             Fungicide, and Rodenticide
             Act
FR          Federal Register
HAPs        Hazardous Air Pollutants
HSWA       Hazardous and Solid Waste
             Amendments (to RCRA)
LDR        Land Disposal Restrictions
LEPC        Local Emergency Planning
             Committee
LQG        Large Quantity Generator
MSDS       Material Safety Data Sheet
NESHAPs    National Emission Standards
             for Hazardous Air Pollutants
NFPA        National Fire Protection
             Association
NIOSH      National Institute for
             Occupational Safety and
             Health
NOI         Notice of Intent
NPDES      National Pollutant Discharge
             Elimination System
NPL         National Priorities List
NRC        National Response Center
NSPS        New Source Performance
             Standards
OSHA       Occupational Safety and
             Health Act/Administration
PE          Professional Engineer
PEL         Permissible Exposure Limit
POTW       Publicly-Owned Treatment
             Works
PPE         Personal Protective
             Equipment
Introduction
                                          XI

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RCRA       Resource Conservation and
             Recovery Act
RQ          Reportable Quantity
SARA       Superfund Amendments and
             Reauthorization Act
SDWA       Safe Drinking Water Act
SERC       State Emergency Response
             Commission
SIP          State Implementation Plan
SQG        Small Quantity Generator
TCLP       Toxicity Characteristic
             Leaching Procedure
TPQ         Threshold Planning Quantity
TSCA       Toxic Substances Control
             Act
TSDF       Treatment, Storage, and
             Disposal Facility
TRI         Toxic Release Inventory
UIC         Underground Injection
             Control
UST         Underground Storage Tank
WAP        Waste Analysis Plan
Introduction
                                           xn

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                                      SECTION 1
                                  INTRODUCTION
Introduction                The United States Environmental Protection Agency (EPA) has developed
                            this Wood Preserving RCRA Compliance Guide to provide summary
                            information on the statutory and regulatory requirements applicable to
                            wood preserving facilities. The document was developed for facilities that
                            use, or have used, wood preserving chemicals and have the potential to
                            generate  waste that is  considered hazardous under  the  Resource
                            Conservation and Recovery Act (RCRA). After numerous inspections of
                            wood preserving facilities, EPA has found that although many plants do
                            effectively control their wastes and comply with environmental regulations,
                            some do not.  The purpose of the Guide is to help bring non-compliant
                            facilities into  compliance by  providing  guidance  and references  to
                            applicable Federal environmental regulations. In addition, it will serve as
                            a reference tool for those facilities  already in compliance  so that
                            owners/operators may fine tune their understanding of these regulations.

                            This Guide was developed by a task force consisting of EPA and State
                            inspectors,  and was a collaborative effort between these groups.  In
                            addition, representatives of the wood preserving industry were consulted
                            about the questions that frequently arise within the industry  and the
                            information that would be most useful for Guide readers.  The Guide has
                            been reviewed by EPA and State inspectors as well as representatives of
                            the American Wood Preservers Institute (AWPI).  EPA would like to
                            thank all of those who participated in the review process.

                            Although the Guide focuses on requirements  imposed under RCRA's
                            hazardous waste management regulations, it also provides brief summaries
                            of other environmental statutes that may  affect the wood preserving
                            industry.  Explanations of regulatory requirements should  help to build a
                            common base  upon which both EPA inspectors and members of the
                            regulated community can form consistent interpretations of the Federal
                            regulations.

                            The discussions of the statutes and regulations in this document are not
                            intended to be  exhaustive, but have been designed to be used for quick
                            reference.  They are not meant to replace in-depth analysis of statutes,
                            regulations, or EPA guidance,  and  should  not  be  considered  a
                            replacement for knowledge of the regulations contained in the  Code of
                            Federal Regulations (CFR). This document does not change or supersede
                            existing regulations, but rather seeks to clarify them.
Introduction                               Section 1-1

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                                                                                    June 19, 1996
Intended Audience
This document has been prepared for wood preserving facilities in the
United States. It is intended to provide an easy to understand summary
of the Federal environmental compliance requirements under RCRA that
regulate wood preserving facilities.  EPA hopes that this Guide will assist
facility personnel by providing the information they need to achieve and
maintain compliance with applicable environmental regulations. EPA also
anticipates that the information presented here will be useful to Federal,
State, and local inspectors who may not be familiar with wood preserving
processes and the  various management practices  employed by the
industry.
Scope of the
Compliance Guide
The Guide provides a general overview of the wood preserving industry
in the United States and the Federal environmental regulations with which
the  industry  must  comply.    It  is  written  primarily  for  those
owners/operators of facilities that  are generators of RCRA hazardous
waste, not facilities that have RCRA permits, are operating under interim
status (see permitting discussion in Section 3), or that do not generate
hazardous waste at all (some wood preserving facilities use chemicals in
their processes that do not generate hazardous waste).  The following
information is contained in this Guide:
                                     Size and geographic distribution of wood preserving facilities in
                                     the United States
                                     General overview of RCRA requirements
                                     Types of wastes generated at wood preserving facilities
                                     Environmental compliance concerns relating to drips pads, tanks
                                     and sumps, and storage yards at wood preserving facilities
                                     Additional relevant environmental statutes and regulatory schemes
                                     Answers to commonly asked questions concerning regulatory
                                     requirements
                                     Names and phone numbers of organizations that can provide
                                     additional information.
Potential for
Increased State
Stringency
It is important to note that State and local restrictions concerning wood
preserving facilities may,  in fact,  be more  stringent  than  Federal
regulations. Individual State requirements are not discussed in this Guide,
but may be applicable to facilities within that State.  Thus, it is imperative
that owners/operators  of wood preserving facilities  seek  additional
guidance in determining the applicability of more stringent State and local
requirements. State authorization issues as they directly apply to the wood
preserving industry are discussed in more detail in Section 4 of this Guide.
Introduction
             Section 1-2

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                                                                                   June 19, 1996
Using this Guide             In addition to a detailed description of RCRA regulations that apply to the
                             wood preserving industry, this Guide also contains a general summary of
                             other aspects of the Federal RCRA program and its regulations. Readers
                             who  have extensive  experience with wood preserving facilities may
                             choose to skim over Section 2 (overview of wood preserving industry)
                             and Section 3 (overview of RCRA), and focus on Sections 4 through 7
                             (wood preserving wastes and regulations applicable to wood preserving
                             facilities).
References to               The end of each section contains a shaded box with regulatory citations
Regulation                  and references to information discussed in that section.  Please consult
                             these regulations and other references for a more in-depth discussion of
                             applicable requirements.
Introduction                                Section 1-3

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                                      SECTION 2
         OVERVIEW OF THE WOOD PRESERVING INDUSTRY
Industry
Overview
Note: This section has been included to give  State  and EPA
inspectors at wood preserving facilities a brief overview  of the
industry.  Much of the information presented in this section is
common knowledge to members of the wood preserving industry.
Surface Protection
versus Wood
Treatment
The purpose of wood preserving, also called wood treatment, is to
provide long-term protection from the damaging effects of fungi, insects,
and marine borers, thereby extending the usable life of wood products.
This  is accomplished through the application of an EPA registered
preservative solution to timber.  Wood treatment is different from surface
protection processes in that surface protection is characterized by non-
pressure applications to the  surface of the wood that are designed to
provide short-term  cosmetic protection against mold and sap stains.
Wood preserving,  on the  other hand,  involves the  penetration of
preservative solutions into wood to preserve its structural integrity and
improve its resistance to weathering, water, and ground contact. Wood
surface protection  and  wood preserving are often confused  since,
historically, chlorophenolic formulations were used in both processes.
Chlorophenolic formulations  are now only used in wood preserving.  In
addition, while EPA has chosen to specifically identify wastes from the
wood  preserving industry that use chlorophenolic formulations  as
hazardous wastes, the Agency also  concluded that the regulation of
chemicals that are now used in surface protection is not warranted on the
Federal level.

Almost all timber is processed in some way before being sold.  The
following wood products are  normally treated in a preservation process
before commercial distribution: dimensional lumber (i.e., lumber that has
been cut to a specific shape or size) that will endure prolonged exposure
to the ground or weather, railroad ties, telephone poles, telephone cross
arms, bridge beams, fencing, window sills,  doors, and pilings.
Geographic
Distribution of
Wood Preserving
Wood preserving facilities are located in varying numbers in almost every
State. As indicated in Exhibit 1, the highest concentration of facilities is in
the Southeast and Northwest where there is a ready supply of raw wood.
Exhibit 2 illustrates the size of wood preserving operations in the industry.
Industry Overview
             Section 2-1

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                                                                                       June 19, 1996
 Exhibit 1
 Geographic Distribution of Wood Preserving Facilities
                                                           Total: 551
                                                                  Puerto Rico  6
 Source:
These figures were compiled through consultation with field personnel in each State or EPA Region.  Because
exhaustive confirmation was not done on the number of facilities in all States, these numbers should be
considered estimates.
Exhibit 2
Industry Facility Size Distribution - 1992
Type of Facility
SIC 2491 -
Wood Preserving
Facilities with
1 to 19 employees
307
Facilities with
20 to 99 employees
168
Facilities with
100 or more employees
11
Total
486
Source: Based on 1992 Bureau of the Census Data.

                              According to 1992  census data, of the total of 486 wood preserving
                              facilities, a large portion of them, approximately 63  percent, employed
                              between 1 and 19 people, 34 percent employed between 20 and 99
                              people, and 2 percent of the facilities employed over 100 people.  The
                              bulk of wood preserving facilities are small operations, that are usually
                              supplied with preservative formulation by several larger national chemical
Industry Overview
                                   Section 2-2

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                                                                                   June 19, 1996
                             companies. The chemical supply companies frequently offer their clients
                             training and guidance on complying with environmental regulations as well
                             as professional services  such as hazardous waste  management and
                             engineering. There also appears to be a trend in the industry toward larger
                             companies acquiring  independent wood  preserving companies and
                             operating them as subsidiaries.

                             Note:  EPA has not attempted to reconcile the Bureau of the Census
                             data with its own facility count.  This data is mentioned because it
                             gives a valuable indication of the relative size of wood preserving
                             facilities.

Wood Preserving            The preservation process that is applied to a particular bundle, orcharge,
Process                     of wood varies  with the type of wood being treated and any particular
                             product specifications that the wood treater may need to consider (e.g.,
                             wood that is used for construction of outdoor structures warrants a higher
                             degree of protection due  to prolonged exposure to climatic elements).
                             Wood is porous and each wood preserving process takes advantage of
                             this fact to impregnate the wood with preservative. In most cases, the
                             process begins  with a preliminary  conditioning  step that assures  a
                             prescribed moisture content in the wood.  Less moisture allows more
                             preservative to penetrate  and remain in the wood, providing increased
                             protection.

                             To change the moisture content, a variety of steps  can be taken. These
                             include: air or kiln drying; Boulton drying, which  consists of pulling  a
                             vacuum on the treating cylinder while the wood is immersed in a heated
                             oil-borne solution; or steam conditioning, which consists of heating the
                             wood in the treating cylinder with steam for several hours then rapidly
                             vacuuming the wood to remove moisture. The pressure or treatment
                             cylinder where the preservative is actually applied to the  wood is
                             commonly called a retort.

                             After conditioning, preservative solution is applied to the wood. Most
                             facilities use pressurized  cylinders (retorts) to apply the preservative
                             solution.  This  involves  placing charges of wood into the retort and
                             applying the  preservative under  a pressure  system until sufficient
                             penetration and  retention of the preservative into the wood has occurred.
                             The  desired  degree of penetration  and retention  is  determined  by
                             prescribed product specifications and will dictate how long the pressure
                             is applied.  Excess preservative is drawn from the wood through a vacuum
                             system,  and pumped back into the process tank, where it will be used
                             again in the same process.
Industry Overview                           Section 2-3

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                                                                                    June 19, 1996
                             A small percentage of facilities use non-pressurized dip tanks to treat
                             wood.   This involves simply lowering the charges into a  vat of
                             preservative, usually  an oil-borne preservative.  The charge is then
                             allowed to soak in the vat until a predetermined degree of penetration is
                             reached.  Penetration is sometimes aided by heating and then cooling the
                             preservative.

                             There are a number of common pressure processes currently used by the
                             wood preserving industry to treat wood. These include full-cell, modified
                             full-cell, and empty-cell processes.  Also, a variety of preservatives are
                             used, which are either water- or oil-borne. The different wood preserving
                             processes and solutions are discussed below.
Oil-Borne Processes        Two primary types of pressure vacuum treatments, empty-cell and full-
                             cell, are used to apply oil-borne preservatives. Examples of oil-borne
                             preservatives include creosote, creosote petroleum mixtures, copper
                             napthenate, and pentachlorophenol.  Creosote is commonly used to treat
                             railroad  ties,  telephone  poles, pilings,  and  bridge beams,  while
                             pentachlorophenol is most often mixed into solution with oil to treat
                             telephone poles.

                             The most widely used process is called empty-cell.  In this process, the
                             cells of the wood are merely  coated with preservative.  The empty-cell
                             process obtains deep penetration of preservative and attempts to leave the
                             cell walls of the wood treated, while leaving a minimum of excess
                             preservative in the void spaces of the cells. Because a smaller amount of
                             preservative is used compared to the full-cell processes, the product is
                             lighter and easier to ship.  The empty-cell process  also results  in less
                             expensive treatment costs for the facility since less preservative remains in
                             the wood.

                             One type of empty-cell process is the Lowry process, which entails filling
                             the retort with preservative while maintaining atmospheric pressure. When
                             the retort  is  filled  with  preservative,  pressure is  applied, forcing
                             preservative into the wood.  This compresses the air contained in the cells
                             of the wood, allowing preservative to fill the balance of the cell.  Once the
                             desired amount of preservative has been injected, usually over the course
                             of several hours,  the retort is drained and a final vacuum is applied.
                             During this last step, much of the preservative in the cells is forced out by
                             the remaining air in the cells of the wood, which expands as it is subjected
                             to the vacuum and then returned to ambient pressure.  This vacuum also
                             minimizes drippage after the charge is removed from the retort and is
                             placed onto the drip pad.

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                                                                                     June 19, 1996
                             The most widely used empty-cell process is the Rueping process in
                             which air pressure is applied and maintained in the retort prior to filling the
                             retort with preservative.   When the  retort is completely filled with
                             preservative, pressure is applied to force the solution into the wood.
                             Once the pressure is released, the retort is drained and the final vacuum
                             is applied.  As a result of internal pressure, even more preservative is
                             forced out  of the wood than in the Lowry process.

                             The second type of wood preserving process is called the  full-cell (or
                             Bethell) process because it results in a higher retention level by nearly
                             filling the wood cells with preservative.  In this process, most of the air in
                             the retort is pumped out, creating a strong vacuum which  is then held to
                             draw most of the air out of the wood.  The  retort is then filled with
                             preservative without breaking the vacuum, forcing preservative  into the
                             cell spaces that have been created by the evacuated air. When the retort
                             is completely filled with preservative,  pressure is applied to force  the
                             solution into the wood. Once the pressure is released, the preservative is
                             pumped out of the retort and a final vacuum is drawn to force out excess
                             preservative. When the vacuum is released, much of the remaining surface
                             preservative is  drawn back into the  wood, reducing the amount of
                             drippage once the charge is taken out of the retort.  Exhibit 3 on  the next
                             page illustrates the oil-borne wood preserving process.

                             Full-cell and modified full-cell processes are used to apply water-borne
                             preservatives. The full-cell process utilized at water-borne facilities is very
                             similar to that used for oil-borne preservatives. The modified  full-cell
                             process applies a weaker, or lower, initial vacuum to retain  more air in the
                             cells of the wood.  Once the pressure treatment phase is  complete,  the
                             remaining air (now expanding because pressure has stopped) displaces the
                             preservative which is, in turn, forced out  of the wood.  By forcing more
                             preservative out of the wood, weight is minimized and subsequent shipping
                             costs are reduced. Exhibit 4 illustrates the water-borne wood preserving
                             processes.
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                                                                                     June 19, 1996
                              Exhibit 3
                              Wood Preserving Facility Process Schematic
                              (oil-borne preservative)
Industry Overview                            Section 2-6

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                                                                                     June 19, 1996
                             Exhibit 4
                             Wood Preserving Facility Process Schematic
                             (water-borne preservative)
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                                                                                 June 19, 1996
                            Water-borne preservatives contain active ingredients that are inorganic
                            metal oxides, or less frequently salts, and are commonly used to treat
                            dimensional lumber and telephone poles.  This type of preservative
                            includes oxine copper,  ammonical copper citrate (CC), copper azole
                            (CBA), copper dimethyldithiocarbomate (CDDC), chromated  copper
                            arsenate  (CCA),  ammonical copper arsenate (ACA), acid  copper
                            chromate  (ACC),  ammonical copper zinc  arsenate  (ACZA), and
                            ammonical copper quat (ACQ). As this Guide will discuss, wastes that
                            are generated by wood preserving facilities, especially those using
                            creosote,  chlorophenolic,  or  arsenical-based preservatives, have the
                            potential to be considered hazardous waste under RCRA.  Wastes
                            commonly generated in the wood preserving industry are discussed in
                            more detail in Section 6 of this Guide.

                            Past mismanagement of toxic chemicals at wood preserving facilities has
                            caused significant contamination of soil and groundwater at some sites. As
                            of May 1996, more than 45 wood preserving sites had been placed on
                            Superfund's National  Priorities List (NPL)  for  priority  cleanup  of
                            contamination.  The majority of contamination has been found at older
                            facilities that operated for many years before  current environmental
                            regulations  and disposal options existed.  Along with other poor waste
                            management practices,  contamination is generally caused by  excess
                            preservative, called kickback, that has been allowed to drip onto the
                            ground from treated charges of wood.

                            A growing concern over the  presence of dioxins and  furans  in
                            chlorophenolic wastes found at some facilities, coupled with the desire to
                            prevent the release of arsenic into the groundwater, has led EPA to
                            regulate the wood preserving industry under RCRA.  In 1990, the first
                            RCRA regulations specifically addressing many wood preserving wastes
                            were published.  These standards require owners/ operators of many
                            wood preserving operations to comply with RCRA. Subsequently, EPA
                            promulgated rules  requiring tighter management  of hazardous waste
                            generated by the wood preserving industry. As a result, many facilities in
                            the industry have invested heavily in cleaning up existing contamination and
                            complying with regulatory standards for facility construction and proper
                            waste management.
Health Concerns            The   primary  reason  behind  RCRA's  preservative   containment
Associated with             requirements is to keep preservative chemicals out of ground and surface
Wood Preserving           waters.  Contamination of soil and groundwater is a serious problem
Industry                    because it can move considerable distances as it is picked up by water
                            moving through the soil and the water table. Because there are few, if any,
Industry Overview
Section 2-8

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                                                                                  June 19, 1996
                             naturally occurring organisms in the environment that can readily break
                             down these chemicals.  Once the contamination enters the ground it has
                             the potential to linger for long  periods of time and cause extensive
                             contamination  to  surrounding  subsurface  environments.The  wood
                             preservatives  creosote,  pentachloro-phenol,  and inorganic arsenicals
                             contain toxic constituents that have the potential  to cause skin, eye, and
                             respiratory irritation as well as more serious ailments in humans, if humans
                             are overexposed to them. Some of these constituents have been classified
                             as  carcinogens through epidemiological exposure studies on  animals.
                             Exposure of aquatic plant and animal life to these toxic constituents has
                             also been found to have adverse effects.

                             Toxic constituents in wastes generated by the wood preserving industry
                             have been found to have chronic systemic effects on laboratory animals as
                             well as humans and have been determined to be present in sufficient
                             concentrations to  pose  a substantial threat to human health  and the
                             environment.  For example, previous studies of pentachlorophenol have
                             shown it to be highly toxic to humans. Exposure to pentachlorophenol can
                             cause contact dermatitis, damage to vision, and upon ingestion, lung, liver,
                             and kidney damage.  Inhalation of pentachlorophenol can result in acute
                             poisoning, centering on the circulatory system with possible accompanying
                             heart failure.   Other studies have  shown pentachlorophenol to be  a
                             carcinogen.

                             One of the most commonly used preservatives in the wood preserving
                             industry is chromated copper arsenate,  or  CCA.  This formulation
                             contains  water, arsenic  acid,  chromic acid,  and  copper oxide.
                             Overexposure to CCA can damage mucous membranes and tissues of the
                             respiratory system and cause chemical burns on the skin and even skin
                             lesions.  Ingestion of large amounts of CCA may have more serious
                             effects. Chronic exposure to significant doses of the chemical components
                             of CAA can lead to mental confusion, loss of coordination, and impaired
                             senses  of touch, pain,  and temperature.  CCA is also considered  a
                             possible carcinogen.

                             From this data, it is clear that many of the chemicals used in the wood
                             preserving industry have the potential to threaten human health when
                             handled in an unsafe manner. As a result, it is crucial that plant employees,
                             and anyone else coming into contact with preservative solutions containing
                             these constituents, be extremely cautious when handling the chemicals.
                             Some recommended precautions are discussed below.

Health Precautions          In order to minimize exposure to wood preserving chemicals, operators
for Plant Personnel          of wood treatment equipment should closely follow company policy and

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                                                                                    June 19, 1996
                             all applicable Federal, State, and local regulations concerning use and
                             management of those chemicals. At a minimum, facility personnel should:

                                    Use preservatives in  accordance with  the EPA approved
                                    manufacturer's label.
                             •      Follow pesticide label and Occupational Safety and Health Act
                                    (OSHA) requirements for personal protective equipment.
                             •      Avoid direct contact with the chemicals by wearing protective
                                    gloves and washing hands and other exposed skin before eating,
                                    using tobacco products, or using the rest room.
                                    Enter the retort or other confined space only in accordance with
                                    an OSHA confined space entry plan.
                             •      Wear a respirator in process areas at inorganic arsenial wood
                                    treating plants, unless PEL air monitoring has demonstrated that
                                    it is safe not to wear one.
 Additional information is available on the subjects discussed above:

         For  more information on the wood preserving process, consult The Preservation of Wood, A Self
         Study Manual for Wood Treatment. Revised by F. Thomas Milton, University of Minnesota,
         College of Natural Resources, Department of Forest Products,  1994.

         Preservative Treatment of Wood by Pressure Methods.  ID, McLean, USDA Agriculture
         handbook, No. 4D, December 1952 (Reprinted with corrections September 1960).

         Wood as an Engineering Material: Wood Handbook, Chapters  17-19. USDA Agriculture
         Handbook, No. 72, Revised 1974.

         Wood Deterioration and its Prevention by Preservative Treatment.  Darrel D. Nicholas, editor,
         with the assistance of Wesley E. Loos, Syracuse University Press, 1973 (two volumes).
Industry Overview                           Section 2-10

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                                    SECTION 3
                     GENERAL OVERVIEW OF RCRA
Introduction
This section of the Compliance Guide contains a basic discussion of the
requirements imposed on wood preserving facilities by RCRA.  This
section will cover the following general topics:

•      Why the RCRA program was developed
       Identification of hazardous waste
       Generators of hazardous waste
•      Hazardous waste management
•      Land disposal restrictions
•      RCRA permitting
       Closure of hazardous waste management units
•      Underground storage tank requirements
•      State authorization.

Note: Readers who are already familiar with the RCRA program may
not find it necessary to read this section of the Guide, but rather,
should move directly to Section 4.
Why the RCRA
Program was
Developed
RCRA, an amendment to the Solid Waste Disposal Act, was enacted in
1976 to ensure the safe disposal of the huge volumes of municipal and
industrial solid waste generated nationwide. RCRA has been amended by
Congress several times, most significantly in November 1984, by the
Hazardous and Solid Waste Amendments (HSWA). These amendments
significantly expanded the scope and requirements of RCRA, resulting in
the regulation of much of the waste generated in this country, both
hazardous and non-hazardous.

Many of the wood preserving facilities in the United States were in
operation long before the inception of the RCRA program.  Although
RCRA creates a framework for the proper management of hazardous and
non-hazardous waste, it does not directly address the  problems of
hazardous waste associated with inactive or abandoned sites, or spills of
chemicals that may require emergency response. Many wood preserving
sites, both inactive and operating, already contain  significant soil and
groundwater contamination as a result of years of chemical use prior to the
enactment of environmental regulations. RCRA's Corrective Action
Program  plays a role  in requiring  the cleanup of such historically
contaminated sites; however, this type of problem can also be addressed
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            Section 3-1

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                                                                                  June 19, 1996
                            under the Comprehensive Environmental Response, Compensation and
                            Liability Act (CERCLA). CERCLA, commonly known as Superfund,
                            mandates the cleanup of historically contaminated  sites.  In addition to
                            such remedial activities, Superfund also requires  owners/operators of
                            facilities to notify EPA in the event of a release of certain hazardous
                            substances into the environment. See Section 8 for more information on
                            the Superfund program.
RCRA Program
Goals
The RCRA program is based upon three distinct goals aimed at creating
a safe and effective hazardous waste management system.  They are:
•      Protection of human health and the environment
•      Reduction  of waste and conservation of energy  and natural
       resource
•      Reduction or elimination of the generation of hazardous waste.
                            RCRA is divided into ten sections, or subtitles, that provide EPA with a
                            framework to achieve these goals.  For example, Subtitle D governs the
                            management of non-hazardous solid waste, while Subtitle I creates a
                            regulatory program for the management of underground storage tanks.
                            Subtitle C, which addresses hazardous waste management, is the subtitle
                            which has the greatest impact on the regulation of wood preserving
                            facilities.
RCRA Subtitle C
Subtitle C of RCRA establishes a "cradle-to-grave" management system
for controlling hazardous waste from  its  point of generation to final
disposal.  The objective of Subtitle C is to ensure that hazardous waste is
handled in a manner protective of human health and the environment.
Pursuant  to  Subtitle C, EPA has issued regulations regarding the
generation, transportation, treatment, storage, and disposal of hazardous
waste. Facilities affected by these regulations must be maintained and
operated in a manner that will minimize danger to human health and the
environment. Many of the regulations that specifically address the wood
preserving industry concern the construction, operation, and maintenance
of hazardous waste drip pads. These drip pad requirements are found in
a specific subsection of Subtitle C called Subpart W. Those within the
wood preserving industry commonly refer to the drip pad regulations as
the "Subpart W standards"  or "RCRA Subpart W."
RCRA Overview
             Section 3-2

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                                                                                    June 19, 1996
                             Subtitle C is discussed in greater detail below.  Both the general
                             requirements of Subtitle C,  as  well  as those specific to the wood
                             preserving industry, are included.
Identification of
Hazardous Waste
The regulatory framework established under Subtitle C of RCRA was
designed to protect human health and the environment from the effects of
improper management of hazardous waste.  As a result, identifying
whether a waste is hazardous is crucial in determining the applicability of
the Subtitle C regulations.

Wastes  are  considered  hazardous for  different  reasons, and the
responsibility for determining if a particular waste is hazardous falls on the
generator of that waste (see the discussion of hazardous waste generators
in Section 4).

In general, RCRA  defines hazardous waste  as  a solid waste, which
because  of  its  quantity,   concentration,  or physical or  chemical
characteristics may:

•      Cause or contribute to significant injury or death, or
•      Damage or pollute the land,  air, or water.
Hazardous Waste
Under RCRA
A solid waste, defined by RCRA as any material including liquids, sludges,
and contained gases that is disposed,  burned, or recycled in a certain
manner, is considered hazardous if it:
                                    Exhibits any one of the characteristics of a hazardous waste
                                    Has been  specifically listed  as  a hazardous  waste in the
                                    regulations
                                    Is a mixture containing a listed hazardous waste and a non-
                                    hazardous waste
                                    Is a waste derived from the treatment, storage, or disposal of a
                                    listed hazardous waste.
                             Each of these four categories is discussed in greater detail below.
Characteristic
Wastes
Characteristic wastes, as defined under RCRA, are identified by a specific
number, or  waste code, that begins with the  letter D."  A waste is
hazardous if it exhibits one or more of the following characteristics:
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                                                                                    June 19, 1996
                                    Toxicity (D004-D043)—The toxicity characteristic identifies a
                                    list of constituents that, if present in concentrations greater than
                                    specified levels, are considered a threat to human health and the
                                    environment. A test called the Toxicity Characteristic Leaching
                                    Procedure (TCLP) demonstrates whether a waste contains levels
                                    of hazardous constituents above regulatory thresholds.  Wastes
                                    exhibiting the toxicity characteristic are given specific waste codes
                                    depending on the hazardous constituent of concern. For example,
                                    TCLP results indicating levels of arsenic or chromium greater than
                                    5.0 parts per million (ppm) in a waste stream are toxic for arsenic
                                    and chromium, and are given the waste  codes "D004" and
                                    "D007," respectively.  Wastes generated by the wood preserving
                                    process are likely to exhibit the characteristic of toxicity.

                                    Ignitability (D001)—These wastes are easily combustible or
                                    flammable.  Examples of ignitable wastes include spent  solvents
                                    and discarded fuels.

                                    Corrosivity (D002)—These wastes dissolve metals or other
                                    materials, or burn the skin.  Common corrosive wastes include
                                    caustic  soda and nitric acids.

                                    Reactivity (D003)—These wastes are unstable or undergo rapid
                                    or  violent chemical reaction with  water  or other  materials.
                                    Cyanide-   or  sulfide-bearing  wastes  typically  exhibit  the
                                    characteristic of reactivity.
Listed  Wastes              In addition to the four characteristic wastes, a waste is also hazardous if
                             it is  specifically identified on one  of four lists developed by EPA.  A
                             hazardous waste listing is a narrative description of a specific type of
                             waste  that EPA considers dangerous enough  to warrant  regulation.
                             Hazardous waste listings describe wastes from specific sectors of industry
                             (e.g., the wood preserving industry), or specific chemical formulations.

                             Before developing a listing, EPA thoroughly  studies a particular waste
                             stream and the threat it can pose to human health and the environment. If
                             the waste poses a great enough threat to warrant regulation, EPA includes
                             a precise description of that waste  on  one  of the hazardous  waste lists.
                             Any waste that meets the narrative listing  description is  considered
                             hazardous, regardless of its chemical composition or any other potential
                             variable. The three types of listed wastes are:
RCRA Overview                             Section 3 - 4

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                                                                                 June 19, 1996
                            •      F-listed wastes—Wastes from nonspecific sources that are
                                   produced by a number of manufacturing and industrial processes.
                                   Examples of F-listed wastes commonly generated by the wood
                                   preserving industry are wastes generated from processes that use
                                   chlorophenolic  formulations  (F032), creosote  (F034), and
                                   inorganic preservatives containing arsenic or chromium (F035).

                                   K-listed wastes—Specific  source wastes generated  by
                                   particular industries identified  by EPA.   Wood  preserving
                                   operations are among those identified in the regulations. As such,
                                   many wood preserving facilities that employ processes that use
                                   creosote and/or pentachlorophenol have the potential to generate
                                   K-listed waste, "K001."

                            Note: Many owners/operators overlook the possibility of a waste
                            meeting the K001 description.  This listing is for bottom sediment
                            sludge from the treatment ofwastewatersfrom wood preserving
                            processes that use creosote and/or pentachlorophenol. Also, it should
                            be noted that  any waste  stream meeting the  K001  waste code
                            description  cannot also be classified as one  of the F-listed wood
                            preserving wastes  (F032,  F034, or F035).    These F  listings
                            specifically exclude K001 wastes.

                                   P-listed wastes—Specific  unused  or   off-specification
                                   commercial chemical products that are being discarded. EPA
                                   has specifically identified wastes on the P-list as being acutely
                                   hazardous

                            •      U-listed  wastes—Specific  unused  or   off-specification
                                   commercial chemical products that are being  discarded.  An
                                   example of a potential U-listed waste that may be of concern to
                                   the wood preserving industry is unused creosote (U051).

                            Exhibit 5 outlines some  of the questions that should be asked to determine
                            whether a waste is hazardous under RCRA Subtitle C.
RCRA Overview                            Section 3 - 5

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                                                                                      June 19, 1996
 Exhibit 5
 Hazardous Waste Determination
Is the Waste
Specifically
Listed?
No

Does the Waste Exhibit a
Characteristic of Hazardous Waste
(i.e., Ignitability, Corrosivity,
Reactivity, or Toxicity)?
No

Not Subject to
RCRA Subtitle C
          I
Yes
I
Yes
              Hazardous Waste Subject to RCRA Subtitle C
 Note:  This chart assumes that a number of other decisions concerning hazardous waste determination have been
       made. Specifically, the information in the chart assumes that the waste in question has already been determined
       to be a solid waste under RCRA (§261.2), and that the waste is not otherwise excluded from RCRA regulation in
       any way (e.g., under §§260.30, 261.2, or 261.4).
Hazardous Waste
Mixtures
               RCRA also regulates the waste resulting from the mixture of hazardous
               and nonhazardous wastes.  A mixture involving characteristic wastes is
               hazardous only if the mixture itself exhibits a characteristic. Under the
               "mixture rule" for listed wastes, however, a mixture made up of non-
               hazardous solid waste  and any amount of a listed hazardous  waste is,
               itself,  a listed hazardous waste.  The mixture will bear the same waste
               code and regulatory status as the original listed component of the mixture.
               This principle applies regardless of the percentage of listed waste in the
               waste mixture, the actual  threat posed by the waste mixture, or the
               mixture's chemical composition.  The mixture rule was originally created
               to prevent the  dilution of listed wastes as  a  substitute for treatment
               activities.
Contaminated Media
               EPA's contained-in policy addresses environmental media (e.g., soil,
               sediment, and groundwater)  contaminated  with  hazardous  waste.
               According to this policy,  any media that is contaminated with a listed
               waste must be managed as that listed hazardous waste.  To determine
               whether a media contains a hazardous waste, owners/operators must have
               complete, accurate, and historical information pertaining  to  past and
               present waste management operations at the facility.  If constituents of
               concern in the soil cannot be linked to a process that generated a listed
               hazardous waste, then the  contained-in policy will not apply. Unlike the
               mixture rule (described above), however, any media that is contaminated
               with a listed waste can lose its status and become non-hazardous.  This
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                                                                                   June 19, 1996
                             occurs when it is demonstrated that the contaminated media no longer
                             "contains" the listed hazardous waste. This is accomplished by bringing
                             the levels of contamination below a predetermined level established by the
                             appropriate implementing agency.  Once this demonstration is made, the
                             media is no longer considered to "contain" a listed waste and is no longer
                             regulated under Subtitle C.

                             Similarly, any  contaminated media that  exhibits  a characteristic of
                             hazardous  waste is  also considered hazardous waste  and subject to
                             regulation.  A media that exhibits a characteristic of hazardous waste can
                             be rendered non-hazardous by removing the characteristic.
Derived-from
Hazardous Waste
Any residue resulting from the treatment, storage, or disposal of a listed
waste is considered a hazardous waste. Examples of derived-from wastes
include: ash resulting from the combustion of hazardous waste, and sludges
generated from the treatment of hazardous wastewaters.
Acutely  Hazardous
Waste
Some hazardous wastes are considered to be "acutely hazardous." These
are wastes that EPA has determined to be so dangerous in small amounts
that they are regulated in the same manner as large amounts of other
hazardous wastes.  Acutely hazardous wastes include certain dioxin-
containing wastes and those unused commercial  chemical  products
identified as P-listed  wastes.  The  listed wastes generated  at wood
preserving plants that use or formerly used chlorophenolic preservative
formulations are likely to contain dioxins.  EPA has determined that
pentachlorophenolic wastes are toxic, not acutely hazardous.
Generators  Of
Hazardous Waste
As stated previously, RCRA regulates hazardous waste from the point of
generation through final disposal. Hazardous waste generators are the first
link in this cradle-to-grave hazardous waste management system. EPA
has  established  comprehensive  standards  for  generators  managing
hazardous waste, including standards for on-site accumulation, waste
tracking, labeling, recordkeeping, and reporting requirements.

Because generators produce  waste in  different quantities,  EPA has
established three categories of waste generators:

•      Large quantity generators (LQG) generate 1000 kilograms
       (kg)  (approximately 2200 pounds or 300 gallons) or more  of
       hazardous waste per  calendar month or more than 1  kg (2.2
       pounds)  of acutely  hazardous waste.   Any generator that
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                                                                                June 19, 1996
                                   produces greater than 1 kg of acutely hazardous waste in a
                                   calendar month must  comply with all of the large  quantity
                                   generator requirements. Of the three classifications of hazardous
                                   waste generators, large quantity  generators are subject to the
                                   most comprehensive standards.

                                   Small quantity generators (SQG) generate between  100 and
                                   1000 kg of hazardous waste (between approximately 220 and
                                   2200 pounds, or 25 and 300 gallons) per calendar month.  Small
                                   quantity generators are subject  to a  limited portion of the
                                   regulations that apply to large quantity generators. Small quantity
                                   generators may not accumulate more than 6000 kg of hazardous
                                   waste or 1 kg (2.2 pounds) of acutely hazardous waste in a month
                                   on-site at any one time. Small quantity generators who exceed
                                   this accumulation limit must comply with the regulations for large
                                   quantity generators.

                            •       Conditionally exempt small quantity generators  (CESQG)
                                   generate 100 kg or less of hazardous waste (approximately 220
                                   pounds or 25 gallons) per calendar month.  These generators are
                                   conditionally exempt from many of the regulations governing
                                   hazardous  waste generators, provided they do not accumulate
                                   more than 1000 kg on-site at any one time and that any hazardous
                                   waste generated is sent to a State- or Federally-approved facility.

                            Note: Under RCRA,  many hazardous process wastewaters that are
                            either reclaimed or sent for treatment or disposal must be counted
                            toward a generator's monthly status. As a result, it is unlikely that
                            many w oodpreservingfacilities will meet this lOOkg/month threshold
                            and be considered conditionally exempt small quantity generators.
                            Only the smallest wood preserving facilities would normally qualify
                           for this category.

                            Some State regulations may be more stringent than Federal regulations.
                            For example, a particular State may set lower cut-off levels for generator
                            status, or may eliminate one of the categories completely. Some States do
                            not recognize the conditionally exempt generator category. Please consult
                            the appropriate State implementing  agency  when  determining  the
                            generator status of a particular facility.  Owners/operators of facilities
                            that generate hazardous waste are responsible for making the
                            correct generator status determination.
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                                                                                   June 19, 1996
Episodic Generation
Facilities that generate hazardous waste may be regulated under different
rules at different times, depending on the amount of waste generated in any
given month. For example, a small quantity generator that generates over
1000 kg of waste in a particular month  must  comply with the more
extensive large quantity generator requirements for the amount of time that
the waste remains on site.  This fluctuating hazardous waste generation
pattern is known as episodic generation.
Hazardous Waste
Counting
In order to determine the extent to which a facility is subject to the RCRA
generator regulations,  each generator must  "count"  the  amount of
hazardous waste  produced at the facility in a  calendar month and
determine generator  status  (i.e.,  large  quantity, small quantity,  or
conditionally exempt).  Counting involves adding up the  weight of all
quantities of characteristic and listed hazardous wastes generated at a
particular facility.  Wastes  should only be counted  once toward  a
generator's monthly status calculation.

Exhibit 6 may assist in deciding when a hazardous waste is to be counted
when making a generator's quantity determination. EPA requires that only
those wastes that are subject to "substantive regulation" be counted.
Substantive regulation  includes any regulation directly related to  the
storage,  transportation, treatment, or disposal  of  hazardous wastes.
Regulations which  would  not be considered substantive  include
requirements to notify and obtain an EPA identification number or to file
a Biennial Report.

Another discussion on hazardous waste counting as it pertains to wastes
specifically generated  in the wood preserving industry is found in Section
4 of this Guide.
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                                                                                 June 19, 1996
Exhibit 6
Hazardous Waste Counting


























COUNTED
Wastes accumulated on-site for any period
of time prior to their subsequent
management.

• Wastes packaged and transported off site.
Wastes placed directly into a regulated on-
site treatment, storage, or disposal unit.

• Wastes meeting the definition of F032, F034,
or F035.

• Wastes removed from exempt units (e.g.,
wastewater treatment units).

Wastes generated as sludges and removed
from product storage tanks.
• Examples:
Process residuals, sludges.

Wastewater that accumulates on the
drip pad and in the collection system,
e.g., drip pad sump.
When discarded: metal banding (unless
recycled), wood stickers, personal
protective equipment.

NOT COUNTED
Hazardous waste removed from on-site storage.*

• Hazardous waste produced by on-site treatment
(including reclamation) so long as the treated waste
has already been counted once.
Spent materials that are generated, reclaimed, and
subsequently reused on site, so long as the spent
material has already been counted once.

Wastes excluded from the definition of solid waste
under §261 .2, i.e., wastewater discharged to a POTW
or NPDES point source discharge.

• Wastes excluded from regulation under §261 .4(a)-(f)
(e.g., arsenical treated wood that is discarded off the
drip pad (261 .4(b)(9).
• Recyclable materials under §261 .6(a)(3).
• Wastes reclaimed on-site without prior storage or
accumulation.

Wastes managed in exempt units (e.g., astewater
treatment units).
Residues left in empty containers (empty as per
§261.7).

• Universal wastes managed uner Part 273.


























* EPA's counting Guidelines are designed to account for those wastes that are subject to "substantive regulation."
These wastes should only be counted once, and not double counted. Therefore, in this example, because
hazardous wastes removed from hazardous waste storage have already been counted once, they need not be
counted again (§261. 5(d)).
General RCRA
Requirements for
Generators of
Hazardous Waste
Large and  small  quantity  generators are  subject to several specific
requirements under RCRA. Regulations require generators to:

•     Obtain an EPA identification number
•     Properly prepare hazardous waste for transportation
•     Follow accumulation and storage requirements
      Manifest hazardous waste
      Satisfy recordkeeping and reporting requirements
•     Provide personnel training
•     Develop contingency plans.
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                                                                                   June 19, 1996
                             The specifics of the above requirements will differ depending upon a
                             facility's generator status. Each of the requirements mentioned above is
                             discussed in more detail below.
EPA Identification
Number
Each EPA identification number consists of a series of letters and digits.
The digits represent the specific facility, and the letters indicate in which
State the facility is located. EPA identification numbers are obtained by
filing Form 8700-12, "Notification of Regulated Waste Activity," with the
appropriate EPA Regional or State RCRA office.

Without an EPA identification number, a generator cannot treat,  store,
dispose of, transport, or offer for  transport  any  hazardous waste.  A
generator is also forbidden from offering hazardous waste to a transporter
or treatment, storage, or disposal facility (TSDF)  that does not have an
EPA identification  number. On the Federal level, conditionally exempt
small quantity generators are not required to  obtain EPA identification
numbers; however, State policy  may require  conditionally exempt
generators to obtain EPA identification numbers.
Pre-Transport
Requirements
EPA  has adopted  the  pre-transport regulations used  by the U.S.
Department of Transportation (DOT).  DOT regulations require proper
packaging to prevent leakage of hazardous materials,  and labeling,
marking, and placarding of these wastes to identify characteristics and
potential dangers.    For more  information on DOT  prepackaging
requirements, consult the regulations in 49 CFR
Accumulation
Requirements
Although storage of hazardous waste generally requires a RCRA permit,
RCRA allows generators to "accumulate" hazardous waste on-site without
a permit as long as they comply with specific limits and standards set out
for each generator category.
Large Quantity
Generators
Large quantity generators may accumulate waste on-site for up to 90 days
without a RCRA permit as long as:

      The waste is properly stored
      The facility has an contingency plan in place
•     Facility personnel are trained in proper waste handling procedures.

Large  quantity  generators may only accumulate  hazardous  waste in
containers, tanks, containment buildings, or on drip pads. Each container
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                                                                                 June 19, 1996
                            and  tank  must be labeled with the words  "hazardous waste," and
                            generators must mark the accumulation start date on each container.
                            Tanks need not have the start date marked on them because they are
                            continually reused.  Large quantity generators must, however, be able to
                            demonstrate through manifests and other records that the tank has been
                            emptied within the specified 90-day time frame.
Treatment in
Generator
Accumulation Units
If a generator continues to store hazardous waste for longer than 90 days,
the facility will be considered a hazardous waste storage facility and must
obtain  a RCRA permit (see discussion of RCRA permits below).
Although some  States prohibit such action, under Federal regulations,
generators may  perform treatment (except for thermal treatment such as
combustion and incineration)  of hazardous waste in accumulation units
under the condition  that they  continue to comply with the general
management standards discussed above and do not exceed the 90-day
accumulation time limit.
RCRA Air Emission
Standards
On December 6, 1994, EPA finalized its air emission standards under
RCRA to reduce volatile organic air emissions from waste management
operations.   These  standards,  known  as  Subpart  CC,  affect
owners/operators  managing  hazardous  waste with  a  certain volatile
organic concentration in  tanks, surface impoundments, and containers.
Large quantity generators must comply with these regulations in order to
maintain their permit-exempt status. The Subpart CC standards are in the
final stages of development and are expected to become effective October
6, 1996.  The Subpart CC standards do not apply to process tanks or to
wastewater treatment  units  at wood preserving facilities.  Oil-borne
facilities using large tanks to store hazardous waste need to carefully
consider the applicability of Subpart CC.
Small Quantity
Generators
Small quantity generators may accumulate waste on-site for up to 180
days as long as:

•    The on-site quantity does not exceed 6000 kg at any time
•    At least one employee who is responsible for coordinating
     emergency responses is either at the facility or on-call at all times
     The facility has basic safety information, including the name and
     telephone number  of  the designated emergency  coordinator,
     location of fire extinguishers,  spill control materials, and the fire
     department phone number posted next to the telephone
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                                                                                  June 19, 1996
                             •     Personnel are familiar with the emergency procedures to be
                                  followed in the event of a spill or accident.

                             Note: As an exception to the 180-day accumulation time period,
                             small quantity generators may only store hazardous waste on drip
                            pads for 90 days,  but may  continue to store hazardous waste in
                             drums and tanks for up to 180 days (accumulation time is extended
                             to 2 70 days if the generator must transport the hazardous waste over
                             200 miles for off-site treatment, storage, or disposal).

                             If waste is stored in drums for longer than 180 days, the facility will be
                             considered a storage facility and  must obtain a  RCRA permit  (see
                             discussion of RCRA permits below). Small quantity generators may also
                             treat hazardous waste in accumulation units provided they comply with the
                             general management and time limit restrictions discussed above.
Conditionally Exempt
Small Quantity
Generators
Conditionally exempt small  quantity generators may accumulate
hazardous waste on-site as long as they do not have on-site, at any one
time, more than 1000 kg of hazardous waste, or 1 kg of acutely hazardous
waste. At the Federal level, there are no accumulation time limits for
conditionally exempt small quantity generators,  and no recordkeeping,
personnel training, or  emergency planning is required.   However,
regulations require conditionally exempt generators to send their wastes
to one of five types of facilities (either a State- or Federally-approved
municipal or hazardous waste landfill, or a recycling facility). Conditionally
exempt generators are strongly encouraged to  check  with their State
hazardous waste agency  to determine if the State has adopted more
stringent standards for generators of less than 100 kg.
Satellite
Accumulation
Many generators temporarily store their hazardous waste in locations at
or near the point of generation before taking the waste to a central
accumulation area at the facility (i.e., the  "90-day area"). This satellite
accumulation is permissible under Federal RCRA regulation, provided
certain criteria are met.  Generators may accumulate up to 55 gallons of
hazardous waste, or one quart of acutely hazardous waste, at or near the
point of generation in satellite accumulation areas without triggering the
generator's "90-day clock."  For example, wastes that are temporarily
accumulated right outside of the retort could qualify for the satellite
accumulation provision.  The following requirements apply to satellite
accumulation:
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                                                                                   June 19, 1996
                                  Containers must be labeled as "HAZARDOUS WASTE" or with
                                  other words that identify the contents of the container.
                                  Once the 55-gallon limit is reached in the satellite accumulation
                                  area, the containers must be removed within 72 hours and taken to
                                  a central accumulation area.
                             •     The 90- or 180-day facility accumulation limit begins with respect
                                  to satellite accumulation waste as soon as the waste is removed
                                  from the satellite accumulation area.
                             •     When the  55-gallon limit is reached, generators must mark the
                                  container with the  start date  that excess  waste  started  to
                                  accumulate.  Generators then have three days to remove the
                                  hazardous waste to a central accumulation area where the 90- or
                                  180- day accumulation time will begin, depending on their generator
                                  status.

                             EPA does not limit the number of satellite accumulation areas allowed at
                             a particular facility, nor does it specify the type or size of containers that
                             may  be  used.  As  long as  the  55-gallon  limit  is not  exceeded,
                             owners/operators may use a variety of containers to accumulate wastes
                             in a  satellite area.    Proper  satellite  areas  should be designated in
                             conjunction with the appropriate State hazardous waste agency.
Storage                     Hazardous waste may be stored in 55-gallon drums, tanks, or other units
Requirements               suitable for the type of waste generated.

                             If hazardous waste is stored in containers:

                             •     The  container  must  be  clearly  marked  with  the  words
                                  "HAZARDOUS WASTE" and with the date the accumulation
                                  starts.
                                  Containers must be kept in good condition and replaced if they
                                  begin to leak.
                             •     Containers must be kept closed and sealed except when being
                                  emptied or filled.
                                  Containers must be inspected each week for leaks or corrosion.
                             •     If a container is used to store ignitable or reactive waste, it must be
                                  placed at least 50 feet (15 meters) from the facility property line to
                                  create a buffer zone.
                                  Wastes that can react together must never be stored together to
                                  prevent dangerous reactions upon contact.

                             Generators may also store hazardous waste in tanks, provided they meet
                             certain standards. All large quantity generators accumulating hazardous

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                                                                                  June 19, 1996
                            waste in tanks must comply with the standards discussed in Section 7;
                            however, small quantity generators accumulating hazardous waste in tanks
                            are subject to special standards.

                            If small quantity generators are accumulating hazardous waste in tanks:

                                  The tank must be kept covered or, if uncovered, there must be at
                                  least two feet of space between the top of the tank and the waste
                                  being stored (unless the tank  is  equipped  with secondary
                                  containment).
                                  If the tanks have equipment that allows waste to flow into them
                                  continuously, waste feed cut-off or bypass systems must be
                                  provided to stop the flow in case of problems.
                            •     Monitoring or gauging systems must be inspected each operating
                                  day and the tanks themselves must be inspected each week for
                                  leaks or corrosion.
                            •     For tanks containing ignitable or reactive wastes, a buffer zone must
                                  be established between the tank and the facility property line. At
                                  a minimum, buffer zones must meet appropriate National  Fire
                                  Protection Association (NFPA) requirements. Owners/operators
                                  can obtain this information from the local fire department.
Combined Use of
Drip Pads,
Containers, and
Tanks/Sumps at
Wood Preserving
Facilities
It is possible for a wood preserving facility to use drip pads, containers,
and tanks to manage hazardous waste in the same  operation.   For
example, waste may be generated and accumulated on a drip pad for a
short period of time, then drained to a collection tank or sump.  In
addition, many owners/operators also keep a drum located at the edge of
the drip pad to capture debris and residues that do not drain into the
collection unit and are picked up off the drip pad.

In combined use situations, it is important to know the regulatory status of
all waste accumulation units. The drip pad is specifically identified as an
accumulation unit in the RCRA  regulations.   The RCRA drip pad
standards require that all tanks and sumps used as drip pad collection units
meet the RCRA  tank standards  in  Subpart  J.   As  a result, these
tanks/sumps will also be subject to Subtitle C controls. Although it is
possible for these tanks to be fully regulated, collection tanks can be a part
of a facility's wastewater treatment system and thus exempt from RCRA
regulation. RCRA provides an exemption from regulations for wastewater
treatment units.  If this is the case, the  tank  or  sump would not be
regulated under Subpart J, but would be subject to regulation under the
Clean Water Act.
RCRA Overview
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                                                                                   June 19, 1996
                             To take advantage of the wastewater treatment unit exemption, the tank
                             has to be part of a system that is either discharging to a publicly-owned
                             treatment work (POTW) or subject to a National Pollutant Discharge
                             Elimination System (NPDES)  zero  discharge  permit.   It is the
                             responsibility  of the facility's owner/operator to make these  kinds  of
                             determinations in conjunction with the appropriate State authority.

                             Containers that are kept on the edges of drip pads to  collect materials
                             such as debris may be considered satellite accumulation areas under
                             RCRA. RCRA allows owners/operators to accumulate up to 55 gallons
                             of hazardous waste in areas at or near the point of generation before it is
                             transferred to a central accumulation unit.
Manifest
Requirements
A generator who transports, or offers for transportation, hazardous waste
for off-site treatment,  storage,  or disposal must prepare a Uniform
Hazardous Waste  Manifest (Form  8700-22A).   Manifests  allow
generators, as well as regulators, to track the movement of hazardous
waste from its point of generation to the point of ultimate treatment,
storage, or disposal.  Each party that handles the waste must sign the
manifest and retain a copy. Once the transport is complete, the receiving
facility must return a signed copy of the manifest to the generator (within
60 days for small quantity generators, and within 45 days for large quantity
generators).  If no copy of the  signed manifest is received by the
generator, an  exception report must be filed.

RCRA manifests contain the following information:

•     Name and EPA identification number of the generator, transporter,
      and the designated TSDF
      DOT description of the waste
      Quantity of waste
•     Address of the designated  TSDF to  which the waste is  being
      transported
      Certification that the generator has in place a program to reduce the
      volume or toxicity of waste and that the treatment, storage, and
      disposal method chosen by the generator is the most practical
      method currently available.
Personnel Training
RCRA Overview
Large and small quantity generators must satisfy certain personnel training
requirements.  These requirements help to ensure that all employees in
contact with hazardous waste are knowledgeable of the dangers involved
and educated on proper waste handling procedures  and precautions.
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                                                                                    June 19, 1996
                             Large quantity generators are subject to the same personnel training
                             requirements as permitted RCRA facilities. To fulfill these requirements,
                             facility personnel must successfully complete a program of classroom
                             instruction or on-the-job training that teaches them to perform their duties
                             in a safe and effective manner. Employees must complete the program
                             within six months after beginning their employment and must take part in
                             an annual review of the initial training.  Small quantity generators are not
                             required to satisfy these requirements, but are responsible for ensuring that
                             facility personnel are instructed in proper waste handling  procedures.
                             Conditionally  exempt small  quantity generators are not subject to
                             personnel training requirements.
Contingency Plans
Generators are required to have a contingency plan in place at the facility
that outlines the proper  response  procedures  necessary to minimize
hazards posed by fires, explosions, or unplanned releases of hazardous
waste from the facility. Similar to personnel training requirements, large
quantity generators are subject to the same contingency plan requirements
as permitted facilities.  Details of the precautionary measures that must be
taken are found in  the regulations. Extensive plans are not required for
small quantity generators; rather, small quantity generators must construct
a modified version of the plan.  Conditionally exempt small quantity
generators are not required to have contingency plans.
Recordkeeping and
Reporting
Requirements
Hazardous waste generators must satisfy several  recordkeeping and
reporting  requirements.   Large  quantity  generators  who transport
hazardous waste off-site must submit a biennial report to the EPA
Regional Administrator (or State director if the  State is authorized to
implement the hazardous waste program) by March 1 of each even-
numbered year.  This report details the generator's activities during the
previous calendar year, including the quantity and nature of the hazardous
waste generated; and the name, address, and EPA identification number
of each TSDF to which waste was sent and each transporter who handled
the  waste for the facility.  The report must also describe the facility's
efforts to reduce the volume and toxicity of the wastes generated and the
changes in volume and toxicity actually achieved compared to previous
years (waste minimization  report).  Neither small quantity generators
nor conditionally exempt small quantity generators are required to submit
a biennial report.

To ensure the safe and  efficient transport of hazardous waste to off-site
facilities, RCRA requires facilities to return a signed copy of the manifest
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                                                                                    June 19, 1996
                             to the generator within a certain time frame.  Small quantity generators
                             must receive a copy within 60 days, large quantity generators within 45
                             days.  Owners/operators who do not receive a copy of the manifest
                             signed and dated by the TSDF within the appropriate time period must
                             submit an exception report.  Although there is no specific form, the
                             contents of  the  exception report are  specified  in  the  regulations.
                             Conditionally exempt small quantity generators are not required to prepare
                             a  manifest,  and  thus  are not  subject to  the  exception reporting
                             requirements.

                             Generators must keep signed copies of manifests for at least three years
                             from the date waste was accepted by the initial transporter. The generator
                             must also retain a copy of each biennial report for three years from the due
                             date of the report.  In addition, a generator must keep records of any test
                             results or waste analyses for at least three years.  The three-year period
                             for retention of records is automatically extended during an enforcement
                             action.

                             Exhibit  7  summarizes the  different regulatory requirements for large
                             quantity, small quantity,  and conditionally exempt generators.
RCRA Overview                            Section 3-18

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                                                                                    June 19, 1996
Exhibit 7
Requirements for I/I
Hazardous Waste
Quantity Limits
(per calendar
month)
Waste
Determination
EPA ID Number
On-Site
Accumulation
Quantity Limits
Accumulation Time
Storage
Requirements
Off-Site Waste
Management
Contingency Plan
Storage Yard
Cleanup Plan
Subpart W Drip
Pad Standards
Treatment on Site
without a RCRA
Permit
Manifest
Biennial Report
food Preserving Facilities that are Generators of RCRA Hazardous Waste
Large Quantity
31 000 Kg hazardous waste
or
3 1 Kg acute hazardous
waste
Yes
Yes
None
2 90 days
Comply with aH Part 265
management standards
for tanks, containers, drip
pads, and containment
buildings
RCRA permitted or interim
status HW facility
Full plan to minimize
hazards from fires, spills,
explosion
Yes
Yes
Yes (except for thermal
treatment such as
combustion and
incineration)
Yes
Yes
Small Quantity
Between 100-1000 Kg
hazardous waste
Yes
Yes
2 6000 Kg
2 180 days*
f 270 days if travel to
waste management facility
is > 200 miles)
Comply with basic
technical requirements for
tanks and containers*
RCRA permitted or interim
status HW facility
One person at the facility
at all times responsible for
coordinating emergency
responses
Yes
Yes
Yes (except for thermal
treatment such as
combustion and
incineration)
Yes
No
Conditionally Exempt
< 100 Kg
or
< 1 Kg acute hazardous
waste
Yes
No
2 1000 Kg
2 1 Kg acute hazardous
< 100 Kg spill residue from
acute HW
None
None
State approved or RCRA
permitted/interim status
facility or recycling facility
None
No
No**
No, unless the CESQG is
also one of the types of
waste management
facilities specified above
No
No
RCRA Overview
Section 3-19

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                                                                                         June 19, 1996
Exhibit 7
Requirements for I/I
Recordkeeping
Personnel Training
food Preserving Facilities that are Generators of RCRA Hazardous Waste
Large Quantity
• Manifests
• Biennial reports
• Exception reports
• Test results
• Records of past
management practices
• Records of storage
yard cleanup
• Documentation if any
past decontamination
of equipment to
eliminate waste codes
Formal classroom training
with annual updates
Small Quantity
• Manifests
• Exception reports
• Test results
• Records of past
management practices
• Records of storage
yard cleanup
• Documentation if any
past decontamination
of equipment to
eliminate waste codes
Employees must be
familiar with waste handling
and emergency procedures
relevant to their position
Conditionally Exempt
None
None
"Generators of between 100-1 OOOKg hazardous waste per calendar month (small quantity generators) who utilize drip pads must
complywith the standards for large quantity generators for the management of wastes on drip pads. This means that small quantity
generators can only accumulate hazardous waste for 90 days. This exception does not apply to the management of drummed
wastes, which are still subject to the 180-day accumulation time.

"Although Federal RCRA regulations do not specifically require conditionally exempt small quantity generators to comply with the
Subpart W drip pad standards, owners/operators of these facilities should note  that any hazardous waste that is allowed to
accumulate on the ground (i.e., allowed to drip off of a charge and onto the ground in the storage yard) can be considered illegal
disposal of hazardous waste and subject to enforcement action. Therefore, it is advisable that conditionally exempt generators
manage their process in a manner that does not allow preservative or waste to contact the ground.
Land Disposal
Restrictions
The RCRA Land Disposal Restrictions (LDR) require that hazardous
waste must meet specified treatment levels in order to be disposed of on
the land.  An example of land disposal is the placement of wastes into a
landfill or lagoon. EPA has assigned each waste code identified under
RCRA a specific  treatment standard that must be met before land
disposal can occur.  Treatment standards can be expressed in two ways:
(1) as a specific technology (e.g., combustion, vitrification) that must be
applied to the waste in order to meet the standard, or (2) as  specific
concentration levels. Facilities managing wastes with treatment standards
expressed as concentration levels may perform any type of treatment on
the waste stream to achieve the standard (keep in mind however, that a
generator  cannot perform thermal treatment,  such  as  incineration or
combustion, unless they obtain a RCRA permit). EPA does not allow the
dilution of hazardous waste to meet LDR treatment standards.
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                                                                                 June 19, 1996
                            Wastes which do not meet treatment standards cannot be land disposed
                            unless EPA has granted a variance, extension, or exclusion for a particular
                            waste stream. Also, certain newly identified wastes (those identified on
                            or after November 8,  1984) have not yet been assigned treatment
                            standards. This is because EPA needs time to determine the best methods
                            available to treat these wastes in order to establish treatment standards.
                            Until a treatment standard has been developed, these wastes will not be
                            subject to LDR.  Certain F-listed wastes from the wood preserving
                            industry (i.e., F032, F034, and F035) are among the wastes for which
                            EPA has not yet identified treatment standards. Until these treatment
                            standards are finalized, these wood preserving wastes are not subject to
                            LDR treatment standards. In addition, other wastes generated in the wood
                            preserving industry, such as  K001, already have  treatment standards.
                            KOO1, which is described in the listing as bottom sediment sludge from the
                            treatment of wastewaters from wood preserving processes that use
                            creosote and/or pentachlorophenol, does have an established numerical
                            treatment standard.

                            Generators and TSDFs managing hazardous wastes that are subject to
                            LDR have  specific  notification, certification, waste analysis,  and
                            recordkeeping requirements. Similar to a hazardous waste manifest, LDR
                            notification and certification paperwork helps hazardous waste handlers
                            and  EPA  ensure that wastes are being properly treated before  land
                            disposal.
Waste Subject to           Generators are responsible for determining whether their waste is subject
LDR Requirements        to LDR.  This is accomplished by either testing the waste or by applying
                            generator process knowledge. If a waste is subj ect to LDR but does not
                            meet the applicable treatment standards, generators must provide written
                            notification to the TSDF to which the waste is being sent. Although there
                            is no  specific  LDR  notification  form,  EPA  does  require specific
                            information to be included in the notice, including:

                                  EPA hazardous waste code
                                  Identification of the waste as a wastewater or non-wastewater
                            •     Manifest number of the shipment
                            •     Waste analysis information (if available)
                                  For certain specified wastes, any additional hazardous constituents
                                  present in the waste.

                            If an LDR waste does meet applicable treatment standards, the generator
                            must certify to the receiving TSDF that the waste meets the required
RCRA Overview                            Section 3-21

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                                                                                    June 19, 1996
                             treatment standards. Generators must keep a copy of all notifications and
                             certifications for at least five years.

                             Generators may  treat their  waste on-site  to  meet LDR  treatment
                             standards. To do so, they must first develop a written waste analysis plan
                             (WAP).  The WAP must justify the frequency of testing based on a
                             detailed analysis of a representative sampling of the waste, and contain
                             information necessary for proper treatment of the waste. Generators who
                             perform on-site treatment of hazardous waste that is unrelated to LDR
                             treatment standards are not required to develop a WAP.
RCRA Permitting
Permits are an essential part of the RCRA Subtitle C program.  RCRA
requires facilities that treat, store, or dispose of hazardous waste to obtain
an operating permit. A permit establishes site-specific administrative and
technical hazardous waste management standards to which a TSDF must
adhere.
Permit Exemptions
There are limited circumstances under which a facility can treat, store, or
dispose of hazardous waste without a permit:

      Large quantity generators storing hazardous waste on site for less
      than 90 days, and small quantity generators storing hazardous waste
      on site for less than 180 days
•     Owners/operators   of  totally  enclosed   treatment  facilities,
      wastewater treatment units, and elementary neutralization units
      Persons engaged in containment activities during an emergency
      response (e.g., spills, accidents)
•     Owners/operators of solid waste disposal facilities handling only
      conditionally exempt small quantity generator wastes.

Any facility that does not qualify for a permit exemption and that treats,
stores, or disposes  of hazardous waste  must obtain a RCRA permit.
Because  treatment,  storage, and disposal generally involve  several
different types of units and multiple activities, the permitting regulations
impose requirements far more extensive  than those imposed upon a
generator.  As a result, many facilities in the wood preserving industry
have made a concerted effort to maintain generator status to avoid having
to apply for and adhere to the requirements of a permit. In light of recent
waste  minimization efforts, this has become increasingly easier  to
accomplish.
RCRA Overview
             Section 3-22

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                                                                                    June 19, 1996
Permitting
Standards
RCRA permitting standards consist of both general TSDF standards as
well as unit-specific standards.  The general RCRA TSDF standards
require facilities to:

•     Conduct detailed chemical and physical analyses of waste managed
      at the facility
      Install security measures to protect human health, safety, and the
      environment
•     Develop and conduct a written facility inspection plan
•     Ensure that facility personnel are trained to handle any hazardous
      waste with which they may come into contact
•     Properly manage all wastes to minimize the chance of ignition,
      reaction, or explosion
•     Comply with standards  prohibiting the siting of a facility in areas
      prone to flooding or seismic activity
      Develop emergency preparedness and contingency plans
•     Comply with general manifesting, recordkeeping,  and reporting
      requirements.

All new facilities requiring a RCRA permit must apply for, and receive, a
permit before construction of the facility can begin. Owners/operators of
existing facilities must operate  under RCRA's interim status standards
while seeking a permit or awaiting permit approval by EPA.  With few
exceptions, RCRA's interim  status standards are very similar to the
permitting standards.
Permit Applications
RCRA permit applications are lengthy and comprehensive, consisting of
two parts: Part A and Part B. Both parts of the application provide EPA
with the information necessary to establish site-specific requirements.  The
Part A application is submitted on Form 8700-23, and consists of basic
facility information such as the name, mailing address, and location of the
facility.  The Part B application is the more complex, narrative part of the
permit application in which the applicant describes, in great detail, the
types  of wastes that will be managed at the facility, precautionary
measures that will be taken to protect human health and the environment,
and all waste analysis, facility inspection, and contingency plans that will
be part of everyday activities of the facility.

Once EPA receives this information, the application  is reviewed,
presented for public comment, then  approved or denied.  All RCRA
permits are effective for a fixed term, not to exceed ten years.  At that
time, the permit may be modified, reissued, or terminated.
RCRA Overview
             Section 3-23

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                                                                                   June 19, 1996
Wood Preserving
Facilities and Permits
The process of obtaining a RCRA treatment, storage, and disposal permit
is difficult and lengthy, sometimes taking two years or more to complete.
Wood preserving facilities can, and often do, avoid the need to obtain a
RCRA permit by maintaining their permit-exempt status as a hazardous
waste generator.  To do this, a facility must ensure that any waste
generated at the facility is removed  and sent to a permitted or interim
status TSDF within the appropriate time frame (within 90 days for large
quantity generators and within  180 days  for small quantity generators).
Because most wood preserving facilities do not generate large volumes of
waste, the majority of facilities do not find it difficult to remain exempt
from permitting requirements.
Closure                     All hazardous waste management facilities eventually cease their treatment,
Requirements at            storage, or disposal activities. When ceasing operation, these facilities
Permitted Facilities          must be closed and maintained in a way that ensures that they do not pose
                             a future threat to human health and the environment.

                             Closure regulations can be  divided into two parts:  general closure
                             standards and unit-specific standards. General closure standards apply to
                             all TSDFs entering into closure. Unit-specific standards address the
                             specific types of waste management units regulated under RCRA. Both
                             general and unit-specific standards must be satisfied to complete closure
                             activities. The maximum time allowed to complete closure after the unit
                             has received its final volume of waste is 180 days. Extensions to this 180-
                             day time period may be granted under certain circumstances by the EPA
                             Regional Administrator. All TSDFs must submit closure plans explaining,
                             in detail, how the facility will achieve the closure  standards. Permitted
                             facilities must submit this plan with their Part B permit application. Interim
                             status  facilities must have written closure plans on-site six months after
                             they become subject to the RCRA TSDF standards.

                             Each closure plan must:

                                   Describe how each hazardous waste management unit at the facility
                                   will be closed
                             •      Estimate the maximum inventory of hazardous waste that will be on-
                                   site during the facility's operating life
                                   Describe closure methods necessary to remove and manage waste
                                   present at the facility
                             •      Describe any other steps necessary to achieve complete  closure
                                   Contain a schedule of closure dates, including the amount of time
                                   each closure activity will take
RCRA Overview
             Section 3-24

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                                                                                   June 19, 1996
                                   Contain an expected date of final closure.
Post-Closure
Requirements
Owners/operators who cannot "clean close" their facility by removing or
decontaminating all equipment, structures, and soils must also enter into a
period of post-closure care to prevent or control any future releases into
the environment.  Post-closure is normally a 30-year period after closure
during which owners/operators must conduct groundwater monitoring and
maintenance activities to prevent releases. Facilities entering into post-
closure must obtain a post-closure permit, and must also submit a post-
closure plan to the EPA Regional Administrator describing how these
activities will be conducted.
Closure of Wood
Preserving Facilities
Wood preserving facilities that maintain generator status under RCRA are
subject to limited closure requirements.  Large quantity generators must
close their accumulation units in a manner that minimizes or eliminates
post-closure release of hazardous waste into the environment, and must
dispose of or decontaminate equipment, structures, and soils at the facility.

Small quantity generators are not subject to generic closure requirements;
instead, small quantity generators must comply  with applicable unit-
specific closure requirements contained in the regulations. For example,
at closure, all  accumulated hazardous  waste and  residues must be
removed from  drip pads, treatment equipment, discharge equipment,
discharge control equipment, and discharge confinement structures. Small
quantity generators accumulating hazardous waste in tanks must also
comply with the appropriate tank closure requirements.

Note:  Small quantity generators accumulating hazardous waste on
drip pads must comply with the regulations  applicable to large
quantity generators.  Thus, they are subject to the general closure
requirements applicable to  large  quantity generators discussed
above.

Hazardous wastes  generated from closure activities  must be handled
according to  applicable  RCRA regulations.  EPA has not established
specific Federal cleanup levels to verify  "clean closure."  Many States,
however,  have established risk-based cleanup levels depending upon
projected land use at the facility. Thus, facilities must work closely with
their implementing agency to determine specific levels of decontamination
that will ensure the protection of human health and the environment.
RCRA Overview
             Section 3-25

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                                                                                  June 19, 1996
Underground Storage
Tanks
RCRA's Underground Storage Tank (UST) program establishes a
comprehensive regulatory scheme for the management of USTs storing
petroleum and hazardous  substances as defined under CERCLA. The
regulations establish  minimum  standards for new tanks  and require
owners/operators of existing tanks to either upgrade, replace, or close
them according to the regulations.

The regulations are divided into two parts. The first part contains technical
requirements designed to reduce the chances of releases from USTs,
detect leaks and spills when they occur, and secure prompt cleanup in the
event of a release.  The second part of the UST regulations consists of
financial responsibility requirements to ensure that, in the event of a spill or
leak from an UST, a facility will have the financial resources to pay  for
cleanup and compensate any  third parties involved.   The financial
responsibility requirements apply only to USTs containing petroleum.

Most wood preserving facilities are not subject to the UST regulations; in
fact, the definition of "regulated substance"  as it  applies  to the UST
program specifically excludes RCRA hazardous wastes.  This is because
RCRA  already  has  standards regulating the management of  tanks
containing hazardous waste, whether underground or above ground.  As
a result, tanks accumulating hazardous waste at a wood preserving facility,
even if underground, are not subj ect to the UST regulations.  If, however,
a wood preserving facility does  have  an underground storage tank
(defined as a tank system whose volume is 10 percent or more below the
surface  of the ground) on-site that  contains petroleum or hazardous
substances as defined under CERCLA, it may be subject to the UST
regulations.

Although there are no Federal RCRA standards for the management of
products in aboveground tanks,  States may have established such
requirements.
State Authorization          The RCRA program grants certain States authorization to implement the
                             Federal hazardous waste regulations.  To receive authorization, States
                             must demonstrate to EPA that their regulatory program is equivalent to
                             Federal authority, consistent with the Federal program, and at least as
                             stringent as the Federal regulations. Following such authorization, State
                             regulations operate in lieu of the Federal program in that State.

                             State authorization can be divided into two major categories: the "base
                             program" and "revisions." Before States can implement any part of the
                             Federal RCRA regulations, they must first obtain base authorization, which
RCRA Overview
             Section 3-26

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                                                                                  June 19, 1996
                             allows a State to implement the fundamental requirements of the RCRA
                             program (generally anything published prior to April 1, 1983), such as
                             generator standards, hazardous waste identification standards, and basic
                             permitting  provisions.   For  those  States  that  do  not  have  base
                             authorization (currently this list includes Iowa, Hawaii, Alaska, and some
                             U.S. territories), EPA implements the entire hazardous waste management
                             program.

                             Once a State receives base authorization, it must continue to revise its
                             program to incorporate frequent revisions to the RCRA regulations to
                             retain its authorized status.  Because revisions to the  Federal hazardous
                             waste management program consist of hundreds of individual rulemakings,
                             EPA has  segmented the Federal program  into  different groups, or
                             clusters. A State may not incorporate clusters of rules into its program
                             until it receives base authorization.

                             Note: Individual States may incorporate provisions into their own
                             programs that have no counterpart in the Federal program.  These
                             additional elements of a State's program are not considered to be
                             part of the Federal RCRA program, and are not subject to State
                             authorization procedures.

                             Most  States are not  authorized  for  all  clusters  of hazardous waste
                             revisions. Therefore, the status of rulemakings that a State has not "picked
                             up" (been authorized for) depends  on the statutory authority upon which
                             those rulemakings are based.  For example, some rulemakings  will be
                             effective immediately  in all States, regardless of the rules' authorization
                             status in that State. Other rulemakings, however, must be picked up by
                             an individual State before they can become effective in that State. A
                             discussion of this aspect of State authorization is found below.

                             Within the  State authorization program, it is important to distinguish
                             between those rulemakings that are published as a result of original RCRA
                             language (i.e., from statutory language from 1976), and those  published
                             pursuant to the Hazardous Solid Waste Amendments of 1984 (HSWA).
                             Prior to the enactment  of HSWA,  a State  with final authorization
                             administered its hazardous waste program entirely  in lieu of the Federal
                             program.  Federal requirements no longer applied in the authorized State,
                             but were  incorporated  into  the  individual  State's  hazardous  waste
                             program.   When new, more  stringent requirements  were enacted, the
                             State was  obligated to enact equivalent authority within specified time
                             frames. New Federal requirements did not take effect in an authorized
                             State until the State adopted the requirements as State law. Some Federal
                             rules are still issued based on the original  pre-HSWA authority,  and

RCRA Overview                             Section 3 - 27

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                                                                                 June 19, 1996
                            become effective in authorized States (those States which have been base
                            authorized for rules published prior to April 1,1983) only when the State
                            adopts the provisions as State law.  These rules are known as  "non-
                            HSWA" rulemakings.

                            In contrast, HSWA of 1984 amended RCRA and changed the State
                            authorization  regulations.   Under the  revised  program,  any new
                            requirements or prohibitions imposed by HSWA take effect immediately
                            in all States upon the effective date of the standards, regardless of a
                            State's authorization status.   In  those States  that do not have base
                            authorization, EPA will implement the program  until the State is granted
                            the authority  to  do  so. Rulemakings that are developed pursuant to
                            HSWA are called HSWA rulemakings. Exhibit 8 illustrates the difference
                            between HSWA and non-HSWA rulemakings.  The difference between
                            HSWA and non-HSWA rulemakings is important in determining the status
                            of wood preserving wastes in a particular State.
E)
R<
(hibit 8
ilationship Between State Authorization Status and HSWA/Non-HSWA Rulemakings
State Authorization Status
Authorized State (authorized for
base RCRA program)
Unauthorized State (no
authorization for base RCRA
program)
Statutory Basis for Rulemaking
Non-HSWA
Effective date = Date when State
became authorized for rule,
implementation of rule by State
Effective date = Date of rule,
implementation of rule by EPA
HSWA
Effective date = Date of rule, EPA
implements until State adopts rule
Effective date = Date of rule,
implementation of rule by EPA


RCRA Overview
Section 3-28

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                                                                                   June 19, 1996
 Additional information is available on the subjects discussed above:

         For general information on RCRA, refer to EPA's RCRA Orientation Manual, 1990 Edition,
         EPA/530-SW-90-036.

         For information on the specific regulations, consult the following sections of the Code of Federal
         Regulations:

         -   Definition of Solid Waste — 40 CFR §261.2
            Definition of Hazardous Waste — 40 CFR §262.11
         -   Characteristic Waste — 40 CFR §§261.20-261.24
         -   Listed Waste — 40 CFR §§261.31 -261.33
         -   Hazardous Waste Mixtures — 40 CFR §261.3(a)(1)(iv)
            Derived-From Hazardous Waste — 40 CFR §261.3(c)(2)
            Hazardous Waste Counting — 40 CFR §261.5
            Generators of Hazardous Waste — 40 CFR Part 262
         -   Accumulation Time/Storage Limits — 40  CFR §262.34
            Satellite Accumulation — 40 CFR §262.34(c)
            Conditionally Exempt Small Quantity Generators — 40 CFR §261.5
         -   EPA Identification Numbers — 40 CFR §262.12
            Pre-Transport Requirements — 40 CFR §§262.30-262.33; 49 CFR Parts 172, 173,  178, and
            179
            Manifest Requirements — 40 CFR §262.20
            Recordkeeping/Reporting Requirements — 40 CFR §§262.40-262.43
         -   Hazardous Waste Under RCRA — 40 CFR Part 261
         -   Permitting Under RCRA — 40 CFR Part 270
            Exemptions From Permitting — 40 CFR §270.1 (c)(3)
            Exemptions from Definition of Solid Waste/Hazardous Waste — 40 CFR §261.4
         -   RCRA General TSDF Standards — 40 CFR Part 264/265, Subparts A-H
            Permit Application Process — 40 CFR Part 270, Subpart B
            Land Disposal Restrictions — 40 CFR Part 268
            LDR Notification Requirements — 40 CFR §268.7
         -   Waste Analysis Plans — 40 CFR §268.7(a)(4)
            Closure and Post-Closure — 40 CFR Parts 264/265, Subpart G §262.34 (generator closure)
            Underground Storage Tanks (USTs) — 40 CFR Part 280
            State Authorization — 40 CFR Part 271.

         For more information on EPA's contained-in policy, consult the regulatory interpretive
         correspondence dated June 16, 1989, written from Cannon to Jorling. This memorandum is also
         a part of the RCRA Permit Policy Compendium, #9441.1989(30).

         For more information on episodic generation  and hazardous waste counting, consult the March
         24, 1986, Federal Register (51 FR 10146; March 24, 1986).

         For more information on the Toxicity  Characteristic Leaching Procedure (TCLP), consult the
         March 29, 1990, Federal  Register (55 FR 11798; March 29, 1990) and the Technical Assistance
         Document for Complying  with the TC Rule and Implementing the Toxicitv Characteristic
         Leaching Procedure (TCLP) (Revised May 1994) EPA, 902-B-94-001.
RCRA Overview                             Section 3 - 29

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                                      SECTION 4
        RCRA WASTE GENERATED BY WOOD PRESERVING
Introduction
The wastes produced from the wood preserving processes discussed in
Section 2 have been the subject of substantial regulatory action in recent
years. In 1990, EPA issued final regulations that specifically listed wood
preserving wastes from facilities that use chlorophenolic formulations,
creosote formulations,  and inorganic preservatives containing arsenic or
chromium.  The types of wastes identified include wood  preserving
wastewaters,  process  residuals, preservative  drippage,  and  spent
preservatives. In addition to these specific identified wood preserving
wastes, wood preserving facilities can also generate other "listed" and
"characteristic" wastes  depending on the processes and chemicals used.
Listed and characteristics wastes, as defined under RCRA, are discussed
in Section 3 of this Guide.

This section of the Compliance Guide discusses three general types of
hazardous waste generated by wood preserving facilities: wastewaters;
process residuals; and preservative drippage. It also discusses some of
the exclusions from RCRA that may apply to these wastes at various
stages of the wood preserving.
Health Concerns of
Wood Preserving
Wastes
Wastes from the wood preserving industry can be considered hazardous
because they  are  listed  as a hazardous  waste or they exhibit a
characteristic of hazardous waste.  EPA has data demonstrating that
constituents found in wastes generated by the wood preserving process,
such as chlorophenolics,  creosote,  and inorganics (i.e., arsenic and
chromium) are systemic toxicants and/or carcinogens.  Systemic toxicants
are constituents that may have long-term chronic effects other than cancer
or mutations. Carcinogens are constituents that have the potential to cause
cancer.  Some of these wastes may also contain high levels of dioxins.
Given the  high concentrations of these chemicals typically present in
wastes produced by the wood preserving  industry, the potential for
harmful exposure to human if chemicals are mishandled, can be significant.
Potential for exposure is  most likely to occur through contact with
contaminated groundwater or chronic occupational exposure.

For example, previous  studies of pentachlorophenol have shown it to be
highly toxic to humans.  Exposure to pentachlorophenol can cause contact
dermatitis, damage to vision, and upon ingestion, lung, liver, and kidney
damage.  Inhalation of pentachlorophenol can result in acute poisoning,
RCRA Waste
             Section 4 - 1

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                                                                                 June 19, 1996
                            centering on the circulatory system with possible accompanying heart
                            failure.  Other studies have also shown pentachlorophenol to be  a
                            carcinogen.

                            One of the most commonly used preservatives in the wood preserving
                            industry is chromated  copper  arsenate,  or CCA.  This formulation
                            contains  water, arsenic acid, chromic  acid,  and copper  oxide.
                            Overexposure to CCA can damage mucous membranes and tissues of the
                            respiratory system, or cause chemical burns on the skin or skin lesions.
                            Ingestion of large  amounts of CCA may  have more serious effects.
                            Chronic exposure  to significant doses of CCA can lead to  mental
                            confusion, loss of coordination,  and impaired senses of touch, pain,  and
                            temperature.  CCA is also considered a possible carcinogen.

                            Due to these and  other health concerns, EPA found it necessary to
                            specifically identify wood preserving wastes as hazardous under RCRA.

                            Exhibit 9 provides an overview of the material inputs and pollution outputs
                            from the Wood preserving process.
Exhibit 9
Wood Preserving Process Inputs and Pollution Outputs











Material Input
Wood; water; carrier
oils; creosote;
inorganic formulations
of arsenic, chromium,
copper, zinc; penta-
chlorophenol;
borates; ammonium
compounds


Air Emissions
Boiler emissions,
air-borne arsenic,
polycyclic organics,
penta-chlorophenol,
volatile organic
compounds from
carrier oils and
creosote


Process Waste
Dripped formulation
mixed with
rainwater, wash
down water,
detergent, kiln
condensate, contact
cooling water



Other Waste
Sump and retort
sludges, process
residuals including
discarded clothing and
gloves, banding, wood
stickers, saw dust and
splinters from the drip
pad, contaminated soils
from storage yard
clean-up












Wastewater
Wastewaters produced during the wood preserving process that are
regulated under RCRA can be generated during various stages of wood
preserving operations. These include wastewater generated during steam
conditioning wood in treatment cylinders prior to applying preservative,
preservative formulation recovery and generation wastewater, water used
to wash excess preservative from the surface of preserved wood while
RCRA Waste
             Section 4 - 2

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                                                                                June 19, 1996
                            sitting on the drip pad, washdown water used to clean drip pads, and
                            condensate from kilns used to dry preserved wood.

                            Other operations resulting in the generation of wastewater include the
                            rinsing of  drums, storage tanks, process areas,  and  equipment.   In
                            addition, water, including rainwater, that accumulates on drip pads and
                            in retort  sumps, and rainwater falling on or in the treatment cylinder and
                            work tank secondary containment areas, is also classified as hazardous
                            waste.

                            Most wastewater generated at wood preserving facilities is considered
                            hazardous waste under RCRA either because it is mixed with a listed
                            waste or because it exhibits a characteristic of hazardous waste. As a
                            result, many of the tanks and other units  in which these wastes are
                            collected, stored, accumulated, treated, and/or disposed will be subject
                            to RCRA regulation (a more detailed explanation of regulations concerning
                            management of hazardous waste in tanks is provided in Section 6 of this
                            Guide).

                            Note: Many tanks or sumps that are used to accumulate or treat
                            wastewaters from wood preserving may, in fact, be excluded from
                            RCRA regulation. Wastewater treatment units subject to regulation
                            under the  Clean Water Act are exempt from RCRA standards. As a
                            result, tanks and sumps used to collect wastewaters may not be
                            subject  to any  standards.   Check  with  the  appropriate  State
                            hazardous waste agency to determine  the  applicability of this
                            exemption.

                            Much confusion exists as to which wastes generated at wood preserving
                            facilities should be counted.  Whether wastewater is counted toward a
                            facility's  generator status will depend on a number of factors. Specific
                            hazardous  waste counting issues as they relate to  the wood preserving
                            industry are discussed elsewhere in this section (See Exhibit 6, Hazardous
                            Waste Counting).

                            Note: Wastewater that doesnot_ come into contact with preservative
                            solutions is not regulated as listed waste under RCRA.  Wastewaters
                            can, however, exhibit a characteristic of hazardous waste depending
                            on the hazardous constituents in the wastewater.
Process Residuals           Materials such as sawdust, wood chips, splinters, equipment and parts,
                            tags, labels, sand, dirt, and stones, that are attached to wood when it
                            enters the retort are often washed off during the treatment process. These

RCRA Waste                               Section 4 - 3

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                                                                                 June 19, 1996
                            materials can form a residue in the retort and may settle out of the
                            preservative solution elsewhere in the process (e.g., in work tanks, retorts,
                            or sumps).  They may also be intentionally filtered out of the preservative
                            prior to reuse in the treatment process.  Other process residuals include
                            discarded personal protective equipment (e.g., gloves, clothing, tyvec
                            suites, boots that have come into contact with preservative), used banding
                            (that is not being  recycled), and wood stickers. All of these wastes are
                            considered process residuals and must be handled as hazardous waste
                            under RCRA if they have contacted listed wastes or if they exhibit a
                            characteristic of hazardous waste.

                            Determining exactly when these materials are generated for purposes of
                            making a hazardous waste determination and complying with appropriate
                            management standards  can be complicated and  site-specific. Where
                            process residuals are continually deposited at the bottom of a work tank
                            or sump, hazardous waste is not generated until the work tank/sump/pit
                            is cleaned out and the  sludge is removed. At the time the sludge is
                            removed, owners/operators  must  determine whether  the waste is
                            hazardous.

                            The generation of process residuals can  be  significantly reduced by
                            employing waste minimization practices at wood preserving facilities.  For
                            example, by power washing incoming lumber or by accepting only clean,
                            high grade  lumber for treatment, owners/ operators can minimize the
                            amount of hazardous process residuals generated.
Drippage and               Preservative drippage and process residuals may also accumulate on drip
Process  Residuals          pads, in pathways over which treated wood is transported, and in treated
                            wood  storage yards.  This  category of waste includes drippage of
                            preservative from treated wood, preservative that is washed off treated
                            wood  by  rainwater,  and  residuals  from  collecting  and recycling
                            preservative that drips off or is washed off treated wood.

                            Note:  Preservative that is washed off treatedwood in storage yards
                            by rainwater is not specifically identified as a RCRA listed waste, but
                            it may exhibit  a hazardous waste  characteristic.   In addition,
                            although the Subpart W drip pad standards do not apply to storage
                            yard drippage, drippage of excess preservative that occurs in storage
                            yards may be covered by the hazardous waste listings discussed
                            below if certain chemical formulations are used, and must be cleaned
                            up immediately in accordance with the facility's contingency plan for
                            storage yard drippage (for a more detailed discussion of EPA's
                            regulation of storage yards, see Section 6).

RCRA Waste                              Section 4 - 4

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                                                                                   June 19, 1996
Contaminated
Clothing and Other
Materials
Personnel  working  at wood  preserving  facilities  often  produce
contaminated personal protective equipment (PPE) such as disposable
cover-alls, clothing, gloves, boots, and other materials (e.g., trash). These
items are commonly sent for disposal or to a laundering facility so they can
be cleaned and used again.

Contaminated materials that are sent for disposal  must be handled as
RCRA hazardous wastes and manifested to  a permitted or interim status
TSDF. Contaminated materials that are sent to a laundering facility should
be handled in a safe and protective manner. Owners/operators of wood
preserving facilities should ensure that the laundering facility is instructed
on safe handling procedures, that  it segregates contaminated materials
from others, and that the laundering facility's POTW is  aware of the
contaminated items and what kinds of chemicals they contain.  This will
enable the  operator of the laundering  facility to  make  all necessary
arrangements to comply with Clean Water Act (CWA) requirements.
Hazardous Wastes
Generated by Wood
Preserving
Operations
There are several EPA-classified hazardous wastes that may be generated
during, or as a result of, wood preserving operations:

      F027 — discarded unused pentachlorophenol.
      F032 — wastewaters, process residuals, preservative drippage,
      and  spent  formulations from plants that  use or  have used
      chlorophenolic  formulations. This listing applies to those facilities
      using "penta" wood preserving formulations.
      F034—wastewater, process residuals, preservative drippage, and
      spent formulations from plants that use creosote formulations.
•     F035—wastewater, process residuals, preservative drippage, and
      spent formulations from plants that use inorganic preservatives
      containing arsenic or chromium.
•     KOO1— bottom sediment sludge from the treatment of wastewater
      from  wood  preserving  processes  that  use  creosote   or
      pentachlorophenol.
      U051 — discarded unused creosote.
•     Characteristic Wastes — constituents included in the toxicity
      characteristic that may be  generated by the  wood preserving
      industry include arsenic (D004), chromium (D007), lead (D008),
      pentachlorophenol (D037), and wastes containing cresols (D023,
      D024,  D025, D026).  Wastes generated at  wood preserving
      facilities may also exhibit the characteristic of corrosivity (D002).
      This is not an exhaustive listing of all possible waste codes that may
RCRA Waste
             Section 4 - 5

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                                                                                 June 19, 1996
                                  apply.   Owners/operators must evaluate their  specific  waste
                                  streams against the toxicity characteristic constituents.
                                  K035   — wastewater  treatment  sludges  generated  in  the
                                  manufacturing of creosote (this listing does not normally apply
                                  to wood preserving facilities).

                            Wastes that meet any one of the above descriptions must be handled,
                            stored, and disposed of according to RCRA regulations.

                            Note: Most wood preserving facilities maintain  tank farms where
                            preservative  is stored before use.  Although these  tanks are  not
                            holding hazardous waste, leaks from tanks and valves  have the
                            potential to be classified as listed or characteristic wastes  under
                            RCRA. For example, unusedpentachlorophenol,  when leaked, will
                            carry the  waste code F027, while unused creosote  will carry the
                            waste code U051. In addition, any chemical that is leaked or spilled
                            at a tank farm may exhibit a characteristic of hazardous waste.

                            Exhibits 10 and 11 illustrate the types of wastes typically generated by the
                            wood  preserving  industry.    This  exhibit  is  intended  to  give
                            owners/operators of wood preserving facilities a general  idea of possible
                            hazardous waste codes being generated at a facility according to the type
                            of preservative used.
RCRA Waste                               Section 4 - 6

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                                                                                                  June 19, 1996
  Exhibit 10
  Codes of Hazardous Waste Generated at Wood Preserving Facilities
         Preservative
    OIL-BORNE FACILITIES
                                        Not Considered
                                     Hazardous By US EPA
          Creosote
                                                                    D023, D024,
                                                                    D025,
      Pentachlorophenol
                                                                    D026
      Copper Napthenate
                                                                    D037
  WATER-BORNE FACILITIES
  Ammoniacal Copper Arsenate
            (ACA)
  Chromated Copper Arsenate
            (CCA)
                   D004, D008
        Oxine Copper
                   D004, D008, D007
   Ammoniacal Copper Citate
            (CC)
           Copper
    Dimothyldithiocarbamate
            (DDC)
   Ammoniacal Copper Zinc
       Arsenate (ACZA)
  Acid Copper Chromate (ACC)
           Bo rates
   Ammoniacal Copper Quat
            (ACQ)
Note: This chart contains only suggested hazardous waste codes under the toxicity characteristic. All of these presentations may
contain other hazardous constituents that would cause it to exhibit the TC for another hazardous constitutent.

*      See 40 CFR §261.24 for a complete list of constituents identified under the toxicity characteristic.
**     Facility is required to make a hazardous waste determination prior to disposal as non-hazardous waste (§262.11).
RCRA Waste
Section 4 - 7

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                                                                                              June 19, 1996
Exhibit 11
Wood Preserving Hazardous Waste Code Identification Table

WASTE
LISTED HAZARDOUS WASTES
F032
F034
F035
K001
F027
U051
TOXICITY CHARACTERISTICS WASTES***
Note: This general guidance may not be accurate in all
cases.
D002
D004
D007
D008
D023
D024
D025
D026
D037
Wastewater Treatment Unit Sludge
penta
creosote






X
X













X

X

X

X
X

Dump Sump Sludge
penta
creosote
inorganics*
X



X



X











X


X


X


X

X


X


X


X

X


Filter Sludge
penta
creosote
inorganics*
X



X



X











X


X


X


X

X


X


X


X

X


Wastewater
penta
creosote
inorganics*
X



X



X











X


X


X


X

X


X


X


X

X


Process Residuals**
penta
creosote
inorganics*
X



X



X











X


X


X


X

X


X


X


X

X


Storage Yard Clean-up Material
penta
creosote
inorganics*
X



X

Discarded Treated Wood End
User/Customer
penta
creosote
inorganics*








X











X


X


X


X

X


X


X


X

X

















X








X

X


X


X


X

X


Discarded Unused Preservative (concentrate)
penta
creosote
inorganics*












X



X



X


X


X


X















Tank Clean-out Bottoms
penta
creosote
inorganics*
X



X



X











X


X


X


X

X


X


X


X

X


*     Inorganic formulation of arsenic and/or chromium
**    See process residual for examples
***    Not necessarily limited to these wastes
Note:  The Toxicity Characteristic waste code apply only to those wastes that are not already covered by an F, or V waste code.
RCRA Waste
Section 4 - 8

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                                                                                June 19, 1996
Exclusions from the
Definition of Solid
Waste
In order for a material to be considered a hazardous waste under RCRA,
it must first be classified as  a solid waste.  Several types of materials,
however, are expressly excluded from RCRA's definition of solid waste.
Because they are not considered solid wastes, excluded wastes cannot be
considered hazardous waste and are not subject to RCRA regulation.
Excluded wastes may include wood preserving wastes that are recycled
or reused in a manner consistent with  normal product handling  (e.g.,
directly returned to the treatment process). The eligibility of a particular
material for an exclusion will depend upon the part of the process from
which it is produced and the intended use of the material.

Note:  When evaluating the RCRA exclusions that may apply to the
reuse of spent wood preserving solutions, it is important to note that
wood preservative that is directly returnedfrom the retort to storage
and mixture tanks for reuse, is not considered a waste under RCRA.
Any preservative that has not been absorbed by the wood may be
directly pumped back into the system  and reused  without  ever
becoming subject to regulation.  It is when the preservative is taken
out of this continuous process loop, either for reclamation  or
disposal, that it becomes subject to regulation as a RCRA hazardous
waste (e.g., when it is on the drip pad, which is a hazardous waste
management unit and is not considered by EPA to be part of a closed
loop). Owners/operators are strongly encouraged to verify the status
of a particular waste stream with the appropriate State hazardous
waste agency.
Closed Loop
Recycling
Closed loop recycling involves processes where secondary materials are
reclaimed and returned to the original process from which they were
generated, provided a number of conditions are met.  This exclusion
requires that only tank storage be used, and that the entire process,
through completion of reclamation, be closed (e.g., there must be no
potential for releases into the environment).

Wastes generated in the wood preserving industry will not usually qualify
for the closed loop recycling exclusion.  This is because a large portion of
the waste generated during the treatment process is generated when
excess preservative and process residuals accumulate on drip pads. EPA
has determined that drippage and residuals that "escape" the wood
preserving process (i.e., wastes that accumulate on drip pads) are not
eligible for this exclusion because drip pads are not considered tank
storage.
RCRA Waste
             Section 4 - 9

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                                                                                   June 19, 1996
                             It is possible that other wastes generated during the wood preserving
                             process (e.g., wastes that are not accumulated on drip pads) could qualify
                             for this exclusion.  For example, wastes from the treatment cylinder that
                             are pumped back into the product holding tank, but that need some
                             reclamationbefore being returned to the tank (e.g., filtration or separation)
                             may meet this exclusion.  This is an important exclusion to consider if
                             excess preservative that is removed from the treatment cylinder following
                             wood treatment must be reclaimed in any way before reinsertion back to
                             the process tank.  Normally, any spent material, such as preservative
                             solution that cannot be used further without some reprocessing, and which
                             is reclaimed, is considered a solid waste and a hazardous waste under
                             RCRA until the point that it is reclaimed and can be used as a product
                             again. Owners/operators who utilize the closed loop exemption will not
                             have to classify these materials as hazardous waste, and will not have to
                             "count" these wastes each month toward their generator status.
Direct Use/Reuse
RCRA also contains a specific exclusion from the definition of solid waste
for materials that are recycled through direct use  or reuse.  This
exclusion involves the return of a chemical to the original process from
which it was generated as a substitute for a raw material feedstock. If the
material is delivered to the process and does not require or undergo any
reprocessing to make it suitable for reuse, it may fit this exclusion. In other
words, the material  must be able to be directly reinserted back into the
process without any intermediate reclamation or accumulation. For wood
preservers,reclamation can include simple filtration. This exclusion is
different from the  closed loop  exemption in that there  can be no
reclamation of the material prior to reinsertion into the process and the
exclusion does not  require a closed system.   Owners/operators are
strongly encouraged to verify the status of a particular waste stream with
the appropriate State agency.
Reclaimed Spent
Wood Preserving
Solutions
To  encourage the sound recycling of reclaimed products, EPA has
exempted the following materials from the definition of solid waste:

•     Spent wood preservative solutions that have been reclaimed and
      are reused for their intended purpose
      Wastewaters from the wood preserving process that have been
      reclaimed and are reused to treat wood.

Under this exclusion,  spent wood preserving solutions that have been
reclaimed and are reused for their original intended purpose are not
considered solid or hazardous wastes under RCRA. Thus, preservative
RCRA Waste
             Section 4 -10

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                                                                                June 19, 1996
                            that is reclaimed and then pumped from the retort back into the holding
                            tank for storage and reuse as a preservative is not regulated under RCRA.
                            Similarly,  wastewater from  the wood  preserving process that is
                            "reclaimed" and reused to treat wood is also exempt from regulation.

                            Note:  This exclusion does not provide a blanket exclusion for these
                            materials from their point of generation through reclamation.  Up
                            until the time the preservatives or wastewaters are reclaimed, the
                            materials  are  considereds,  and must be managed as, solid and
                            hazardous wastes.

                            The exclusions discussed above are very complex. Determining whether
                            materials generated at a particular facility are, in fact, excluded from the
                            definition of solid  waste is dependent upon a number of site-specific
                            variables. When determining whether one of these exclusions may apply
                            to a specific waste stream, owners/operators may begin the assessment
                            by using the following general rule of thumb. Materials that do not
                            come into contact with a hazardous waste drip pad, and that are
                            directly reinserted back into the  holding  tank without being
                            reclaimedfirst, are not considered hazardous wastes under RCRA,
                            unless sent for disposal.  Material that is collected on the drip pad
                            and sent for disposal is a hazardous waste. Preservative solution
                            that is collected on the drip pad and reclaimed before being used as
                            a wood preservative is a solid and hazardous waste up until the
                            point it is reclaimed.  Once reclaimed, these materials are no longer
                            hazardous  waste under RCRA.

                            Owners/operators should refer to their implementing hazardous waste
                            agency for case-by-case analyses of difficult or questionable regulatory
                            scenarios.  Exhibit 12 is a decision tree for identification of hazardous
                            waste that can be used by owners/operators to assist in making hazardous
                            waste determinations.
RCRA Waste                              Section 4-11

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                                                                                            June 19, 1996
  Exhibit 12
  Hazardous Waste Identification for the Wood Preserving Industry
Is Chlorophenolic
formulation (e.g., Penta)
Now Used?
I
Yes

Is Waste Unused
Penta Formulation?*


No

Waste is F027

Waste is F032
               No
Has Chlorophenolic
Formulation
Ever Been Used?
Yes
^
^^
Is Creosote
Now Used?*
                                                          Yes
Waste
is F034
               No
                  No
Is Chromium/Arsenic
formulation Now Used?*
Yes

Waste is F035
                                                No
            I
Does Waste Exhibit
a Characteristic?
(Toxicity, corrosivity,
reactivity, ignitability)

Yes
No

Waste is Characteristic
and F032**

Waste is F032
Is Creosote
Now Used?
I
Yes

Is Waste Unused
Creosote?

No
Yes

Waste is F034

Waste is U051
                No
Is Chromium/Arsenic
Formulation Now Used?
Yes

Waste is F035
                  No
Does Waste Exhibit
a Characteristic?
Yes

Waste is a RCRA**
Characteristic
Hazardous Waste
                  No
        Not a RCRA
     Hazardous Waste
*     Sludges from creosote and/orpenta wastewater treatment units
      are K001 waste.

**     Arsenical-treated wood that is discarded by end users and that
      exhibits only hazardous waste characteristics D004-17 is excluded
      from RCRA regulation

Note:  Possible F032 waste code deletion if equipment is cleaned
      according to procedures specified in §261.35. Also see: 57
      Federal Register, December 24, 1992, p61493 - Provisional
      Elimination of F032 Waste Code
RCRA Waste
                 Section 4 -12

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                                                                                  June 19, 1996
Wood Preserving
State Authorization
Issues
As discussed in Section 4, the status of a particular rulemaking in a State
depends on the State's authorization status for that rule. If a rulemaking
is promulgated pursuant to original RCRA (non-HSWA) language, the
rule will not become effective in a "base" authorized State until that State
adopts the rule. Rulemakings promulgated pursuant to HSWA of 1984,
however, will be effective immediately in all States until each State adopts
the rule. Until States are able to do so, EPA will implement the HSWA
provisions.  The wood preserving industry is a good example of how both
HSWA and non-HSWA provisions can work in conjunction with one
another. For example, certain portions of the final wood preserving rule
(55 FR 50450; December 6, 1990) were promulgated under HSWA
authority,  while others were promulgated pursuant to non-HSWA
authority. The implications of this are discussed below.

Hazardous  waste codes  F032,  F034, and  F035  were promulgated
pursuant to different statutory authorities. The F032 listing is a HSWA
provision, and is applicable in all States, regardless of whether they are
"base" authorized or not.  Since the F034 and F035 listings are non-
HSWA provisions, these listings are only effective in those States that are
not authorized for the "base" RCRA program, and in those States that
have incorporated the listings into their State programs and received EPA
approval for such revisions. On the other  hand, the F034 and F035
listings are not applicable in base authorized States that have not yet
modified their State programs to include these listings. In order to become
authorized for these listings, a State must "pick up" the rulemaking which
promulgated the listings.  In this particular case, a State would need to
become authorized for the December 6,1990, Federal Register which is
the final rulemakings for these listings.  Exhibit 13 illustrates which States
have "picked up" the wood preserving rule, and which have not.
RCRA Waste
             Section 4-13

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                                                                                          June 19, 1996
Exhibit 13
State Authorization/Delegation of RCRA Wood Preserving Rules
         :  , i     Authorized for Wood Preserving Listing/Final Drip Pad Standards

                   Adopted the Decembers, 1990, Federal Register, but not before obtaining
                   final authorization for a particular rulemaking. Thus States must first
                   adopt the regulations as part of that State's hazardous waste program.
                   Once the State has adopted the standards, Federal authorization can be
                   achieved.

         I	|    Possibly authorized for other rules, but not for 12/6/90 Federal Register

          Note: The December 6, 1990 Federal Register is not the only source of information pertaining to wood
          preserving wastes and hazardous waste drip pads,  it is, however, the most significant rulemaking
          concerning wood preserving and subpart W drip pads. Any State that is authorized for this rule is
          authorized for the majority of requirements. This map will give owners/operators a very good indication of
          which States are authorized for the rule. For information on other rulemakings pertaining to the wood
          preserving industry, please consult the appropriate State hazardous waste agency.
                               Note: It is important to remember that wood preserving wastes may carry
                               waste codes other than F032, F034, and F035. For example, a wood
                               preserving waste could exhibit the toxicity characteristic for lead (D008).
                               Exhibit 12 focuses on the wood preserving rule because it promulgates the
                               listings most commonly generated at wood preserving facilities, as well as
                               the drip pad standards themselves. Thus, a State that has been authorized
                               for this rule is authorized for both the wood preserving listings and the
                               Subpart W standards.  To determine the status of this waste stream in a
RCRA Waste
Section 4 -14

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                                                                                 June 19, 1996
                            particular State, an owner/operator must check to see if that State is,
                            authorized for the rule which promulgated the toxicity characteristic
                            (March 27, 1990, Federal Register. The same type of determination
                            must be made for other wastes generated at the facility.

                            The authorization status of hazardous waste drip pads is directly tied to
                            that of the wastes being accumulated on such drip pads. For example,
                            EPA considers the drip pad standards to be HSWA requirements when
                            used in conjunction with the F032 listing.  Thus, the Subpart W provisions
                            for F032 drip pads will be effective on the same date as the F032 listing,
                            and will be administered by EPA until the State picks up the rule. For
                            F034 and F035 drip pads, however, the Subpart W standards are not
                            immediately effective in base authorized States since these requirements
                            were not promulgated pursuant to HSWA authority.   Therefore, the
                            permitted and interim status standards for drip pads associated with F034
                            and F035 wastes will only become effective in  base authorized States
                            when F034 and F035 become hazardous wastes in those States, and
                            when those States are authorized for the drip pad standards.

                            Note:  Many wastes generated on drip pads may also exhibit the
                            toxicity characteristic (TC).   The TC,  promulgated pursuant to
                            HSWA authority, is effective in all States and implemented by EPA
                            until each State is able to adopt the rule and implement the program.
                            As a result, drip pads used to  manage TC wastes must meet the
                            Subpart W standards. This is identical to the authorization scenario
                            for F032 wastes.

                            State authorization of wood preserving wastes and Subpart W drip pads
                            is  a  particularly difficult issue,  requiring an in-depth understanding of
                            RCRA's State authorization program. To accurately assess the status of
                            a waste stream in a particular State, owners/ operators must contact the
                            appropriate State hazardous waste agency.
Pollution Prevention        The best way to reduce pollution is to prevent it in the first place. Some
Opportunities               companies have creatively implemented pollution prevention techniques
                            that improve efficiency  and increase profits while at the same time
                            minimizing environmental impacts.  This can be done in many ways such
                            as  reducing material  inputs,  re-engineering processes to reuse by-
                            products, improving management practices, and employing substitution of
                            toxic chemicals.  Some smaller facilities are able to actually get below
                            regulatory thresholds through aggressive pollution prevention policies.
RCRA Waste                               Section 4-15

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                                                                                     June 19, 1996
                             In order to encourage these approaches, this  section provides both
                             general company-specific  descriptions of some pollution  prevention
                             advances that have been implemented within the wood preserves industry.
                             While the list is not exhaustive, it can be used as the starting point for
                             facilities interested in beginning pollution prevention proj ects. The activities
                             described in this section do not necessarily apply to all facilities. Facility-
                             specific conditions must be carefully considered when pollution prevention
                             options are evaluated, and facilities must examine how each option affects,
                             air, land, and water pollutant releases.

                             Water-borne  preservatives  produce  less  waste  than   oil-borne
                             preservatives  because process  wastewater is reused rather than
                             discharged. In addition, well designed treatment plants, good treatment
                             practices, effective housekeeping, and employee training also help reduce
                             waste at the source.

                             Well designed treatment plants may have enclosed treatment buildings,
                             covered drip pads with  liners, automatic  lumber handling systems,
                             centralized tank farms with spill containment, and air ventilation systems.
                             Facilities can reduce waste by using drip free trams and dedicated drip
                             pad fork lifts that do not track debris  into the drip pad.  Some facility
                             operators prevent significant spills from incomplete door seals by using a
                             remote TV monitor to quickly discover and correct door leaks. Plants can
                             also be designed to minimize mist or droplet emissions from cylinders and
                             work tanks through the use of air exchange systems and cylinder and tank
                             venting.

                             Treatment practices are also important for preventing pollution. Ensuring
                             that wood stock is clean prior to treatment will prevent dirt, sawdust, and
                             other debris from accumulating in the treatment system. To prevent debris
                             buildup, wood  can be covered during shipment and/or power-washed
                             before it enters the treatment plant.   Strip pumps may be installed to
                             continuously return residual chemical solutions to the work tank, resulting
                             in less dripping when the cylinder doors are opened. If treating cylinders
                             are tilted slightly away from the drip pad, there is  also less spillage when
                             cylinder doors are opened.

                             CCA facility operators can reduce the amount  of preservative that is
                             washed off by  rainwater in the storage yard by  ensuring that chemical
                             fixation has occured before a charge is moved off of the drip pad or out
                             from under an enclosure.

                             Housekeeping is an integral part of waste minimization efforts.  All tanks,
                             mixing systems, treating cylinders, drip pads, and spill containments should

RCRA Waste                               Section 4-16

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                                                                                   June 19, 1996
                             be inspected regularly for leaks. Drip pads and collection areas should be
                             kept clean. Storage yards should be inspected daily, and any drippage
                             should be cleaned up within 24 hours.

                             Several  other preservatives have  been proposed as alternatives to
                             traditional preservatives. For example, wood can be treated with borates
                             usingboth pressure and non-pressure processes. However, because they
                             are highly susceptible to leaching,  borates cannot be used to preserve
                             wood that will be in contact with the ground or exposed to the weather
                             (e.g., decking).

                             Ammoniacal copper/quarternary ammonium (ACQ) is another proposed
                             alternative. Initial above-ground field test data show that ACQ is effective
                             for softwood and hardwood protection.  Other alternative preservatives
                             may include  copper-8-quinolinolate  (Cug), copper naphthanate, zinc
                             naphthanate, quarternary Mt, compounds (QAC), and zinc sulfate.

                             Treatment processes may vary in their ability to minimize waste.  For
                             example, the  empty-cell process uses less carrier oil  than the full-cell
                             process for oil-borne preservatives.  The  modified full-cell treatment
                             reduces the uptake of treating  solution and  minimizes the amount of
                             dripping from wood that has been treated with water-borne preservatives.
Pollution Prevention         Perry Builders, Inc. employs 20 people at its pressure wood preserving
Case Study                  manufacturing facility. Perry Builders recognizes that each wood treater
                             has an important responsibility in properly handling and disposing of the
                             wastes it produces, and is committed to meeting this challenge. Perry uses
                             a water-borne chemical preservative, chromated copper arsenate, to treat
                             lumber, plywood, timbers, and other wood products for decks, fences,
                             and other outdoor uses.  Hazardous waste results when sawdust, wood
                             chips, and dirt comes in contact with the preservative.

                             Perry has successfully minimized its hazardous waste generation by 80
                             percent  in two  years with  the implementation  of a low-cost waste
                             minimization program. In 1987, Perry generated 15 drums of hazardous
                             waste with a disposal cost of $2,380.  By 1989 Perry reduced its disposal
                             cost to $310 by generating only two drums.

                             This reduction was achieved by changing both equipment and processes
                             to  achieve  a  fully integrated closed  system in which the application,
                             receipt, transfer, and storage of the preservative takes place in a contained
                             area.
RCRA Waste                               Section 4-17

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                                                                                  June 19, 1996
                            The goal is to apply the preservative to the wood while minimizing the loss
                            of the preservative as a waste.  By holding the lumber in the treatment
                            chamber longer to allow drippage, and by using a vacuum pump to further
                            dry the lumber, the treatment solution remains in the chamber and does not
                            come into contact with scrap material and dirt. A roof over the area
                            housing the treated lumber prevents runoff during rainfall.  As an incentive
                            to ensure  adequate drying time, employ pay is based on hourly wages
                            rather than the amount of lumber treated.

                            Perry Builders estimates that the cost of the vacuum pump, the roof, and
                            the increased drying time will be recovered in five years through reduced
                            disposal costs. There is also another economic benefit — since the drier
                            lumber weighs less, more footage of lumber can be shipped on each truck,
                            reducing freight costs.
Frequently Asked
Questions
The  following are frequently asked  questions concerning regulatory
scenarios encountered at wood preserving facilities.  In every case, it is
imperative  that  owners/operators  consult  the  appropriate  RCRA-
delegated agency for final regulatory determinations. Responses to these
questions assume that the facility uses creosote, pentachlorophenol, or
inorganic arsenic or chromium, and that it has the potential to generate
RCRA hazardous wastes.
Question 1
Counting Hazardous
Waste
      At what point is drippage that is returned to the treatment
      chamber from the drip pad no longer considered a solid and
      hazardous waste?
Question 2
Rainfall
      Assuming the drippage is sent for recycling before reinsertion, once
      drippage passes through the final filter into a holding or process
      tank (not a waste sump), the solution is no longer considered a
      hazardous waste provided it is to be used for its originally intended
      purpose (i.e., to treat wood). However, the quantity of waste that
      was returned to the process must be "counted" at least once as
      waste that was generated at the facility, and must be applied toward
      determining generator status.

      Is it acceptable to use meteorological data (e.g., rainfall per
      year) to calculate the contribution of rainfall accumulating on
      a drip pad toward a facility's generation of hazardous waste?

      Precipitation hitting a Subpart W drip pad is considered hazardous
      waste.  Using meteorological data to calculate the contribution of
      rainfall to wastewater is acceptable, provided the facility uses the
RCRA Waste
             Section 4 -18

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                                                                                 June 19, 1996
Question 3
Kiln Wastewater
appropriate  equipment  (e.g., a  rain  gauge) and  is  able  to
demonstrate to inspectors how the calculation was performed.

Does EPA consider wastewater condensate generated from
kiln drying treated wood hazardous waste under RCRA?

Yes, any drippage, condensate, or wastewater generated as a result
of kiln drying after the treatment of wood meets the definition of a
listed waste under RCRA (57 FR 61498; December 24, 1992).
The specific listing (i.e., F032, F034, or F035) will depend upon
the chemical formulation being used at the facility (the material could
also exhibit a characteristic of hazardous waste). It is important to
note, however, that steam or condensate which does not come into
contact with treated wood or preservative (i.e., condensate from
steam coils) does not meet the definition of a listed hazardous
waste.
Question 4
Liquid Separation of
Wastes
A large quantity generator employing water-borne processes
is air drying residual wood preserving solution prior to the
disposal of wood chips. Is this considered "treatment" under
RCRA, and thus subject to permitting under 40 CFR Part
270?
                                  Air  drying  is considered a form of treatment under  RCRA.
                                  According to Federal regulations,  however, generators may treat
                                  waste in accumulation units as long as they continue to comply with
                                  all appropriate management standards  described  in  40 CFR
                                  §262.34 (i.e., the chips are accumulated in tanks or containers that
                                  meet the technical standards for such units in part 265 of the RCRA
                                  regulations).  As a result, no permit is  required for air drying
                                  activities unless the generator accumulates the waste on site for
                                  longer than the allowable 90-day period provided to large quantity
                                  generators (180 days for small quantity generators).

                                  In addition, if the intent of the air drying process is liquid or
                                  preservative recovery, this treatment is considered reclamation, and
                                  is exempt from permitting under 40 CFR §261.6(c). Any materials
                                  generated as a result of this drying (e.g., the wood chips that are
                                  sent for disposal) are still considered a listed hazardous waste (via
                                  the derived-from rule) and must be handled according to RCRA
                                  regulations regardless of whether the drying was for treatment or for
                                  reclamation. An exception is if the  reclaimed liquids are to be used
                                  again for wood treatment,  in  which case it is no longer  be
                                  considered a hazardous waste once reclamation is complete.
RCRA Waste
       Section 4 -19

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                                                                                 June 19, 1996
                                  Process residuals can be placed on screens or racks over the sump
                                  or  drip pad to allow separation  of liquid from solids.  Liquid
                                  separation of residuals and sludge must be performed in a closed,
                                  labeled, mesh box in a well-ventilated area.  Special precautions
                                  should be taken against the release of process residual dust once
                                  the material has dried.
Question 5
Switching
Formulations to
Nonhazardous
Generating
Preservatives
Does a wood treater (large quantity generator) who switches
to a chemical that does not generate any RCRA hazardous
waste  need to close the facility's drip pad before switching
processes?

Yes, the drip pad must be closed pursuant to applicable regulations
if the wood treater  wishes  to stop managing the drip pad as a
hazardous waste management unit (i.e., complying with Subpart W
standards).  Closure of a drip pad is not required just because the
facility switches chemicals.  However, if an owner  or operator
changes chemicals without first performing clean closure according
to the RCRA drip pad closure requirements, the drip pad must
continue  to  be  operated as  a  Subpart W drip pad and all
wastewater,  preservative  drippage,  and  process  residuals
subsequently managed on the drip pad must continue to be treated
as hazardous waste.
Question 6
Discarded Treated
Wood
To operate the drip pad as a non-hazardous waste management
unit (i.e., non-Subpart W drip pad), the large quantity generator
must follow the general  closure standards set forth in 40 CFR
§265.111  and §265.114.   This self-implementing  performance
standard allows  for  the  full  decontamination  of equipment,
structures, and soils.  If decontamination cannot be accomplished,
the drip pad must satisfy full closure requirements under RCRA for
landfills.  Finally,  the decontamination process should be fully
documented.    Generators must  also  follow the  §262.34
accumulation time provisions to accommodate the safe disposal of
any hazardous wastes generated during closure activities.

The F032, F034, and F035 hazardous waste listings apply to
spent formulations from wood processing generated at plants
using  pentachlorophenol, creosote, or chromated  copper
arsenate.  Are scrap pieces  of wood treated  with these
preservatives considered wastes when  discarded?

Wood stickers, slabs, splinters, sawdust, or bark that are generated
as a result of the treatment process (i.e., particles that fall off of
RCRA Waste
       Section 4 - 20

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                                                                                 June 19, 1996
Question 7
Retroactivity of
Waste Listings
wood into the cylinder, door pit, or drip pad during the treatment
process) are considered process residuals and thus listed hazardous
wastes under RCRA. These types of wastes are the direct result
of the treatment process and are considered part of the facility's
waste generation.  Pieces that  are cut off of finished products,
however, or that result from damage to the finished product after it
has been removed from the drip pad, are not considered listed
hazardous waste. However, waste scraps of wood may still exhibit
a characteristic  of hazardous  waste and thus  be  subject to
regulation under Subtitle C of RCRA.

Note:  Discarded  wood products  that  fail  the  toxicity
characteristic for D004-D017 are not hazardous wastes due to
an existing exclusion under RCRA for arsenical-treated wood
in§261.4(b)(9).

The post-consumer disposal  of wood products that  have been
treated with chemicals normally considered to be hazardous waste
(when generated at wood preserving facilities), are not considered
listed wastes under RCRA. For example, creosote treated railroad
ties are not listed hazardous wastes when disposed; however, they
may exhibit a characteristic of hazardous waste, in which case they
must be managed as hazardous waste.

During remediation activities at a wood preserving facility,
soil is  excavated and sent for disposal. Because  of limited
records  concerning past operations, the facility  is having
difficulty determining the applicability of hazardous waste
listings.  How is this type of waste usually characterized?

Wastes released prior to the development of the wood  preserving
listings  in 1990 that meet the listing description are not hazardous
wastes  unless/until they  are  "actively  managed."    Active
management has been defined by EPA to comprise the physical
disturbance of accumulated  hazardous waste (57 FR  37284;
August 18,  1992).  The excavation of contaminated soils is  one
example of an activity that EPA considers to be active management.
Once a waste is actively managed,  hazardous waste  listings
retroactively apply (i.e., waste that is actively managed will be
tested against the current listing description regardless  of when  it
was disposed).

In determining whether the material in the soil meets a hazardous
waste listing, an  owner/operator must gather  enough evidence of
RCRA Waste
       Section 4 -21

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                                                                                 June 19, 1996
Question 8
Underground Storage
Tanks
Question 9
De minimis Wastes
processes employed at the facility (both present and past) to reach
an accurate hazardous waste determination.  EPA recognizes that
soil may contain preservative constituents due to rainwater wash-off
which does not meet the listing description (i.e., wash-off from a
storage yard does not  meet a listing but still contains the same
constituents as a listed hazardous waste).  Therefore, soils may
contain constituents and not meet the listing definition, but instead
may exhibit a characteristic of hazardous waste.

EPA has  made a clear distinction between drippage and rainwater
wash-off:

"...The term 'drippage' refers to excess preservative that is kicked
back from  the wood following treatment.  It does not apply to
precipitation that drips from a stack of wood in the storage yard
when it falls from wood that has ceased to drip on the process area
drip pad before being moved to the storage yard (55 FR 50452;
December 6,  1990)."

A wood treatment plant stores copper sulfate in underground
storage tanks for  use in a preservative process. Do the
requirements of 40 CFR Part 280 concerning underground
storage apply to these product tanks?

Yes, these types  of tanks would be regulated under 40 CFR Part
280.

What constitutes  "de minimis" drippage for purposes of
Subpart  W compliance?

The term "de  minimis''' is not used by EPA in conjunction with
wood preserving wastes or the Subpart W drip pad standards. De
minimis drippage refers to an exempt volume of drippage, and no
volume of drippage  of hazardous waste is exempt in the wood
preserving  industry.  Instead,  EPA refers to  drippage from
kickback  in  the storage  yard as  "infrequent  and incidental
drippage." Kickback refers to wood preservative that is generated
from treated wood as the wood begins to return to normal pressure
after a pressure treating process.

Facilities must clean  up kickback within 24 hours of the drippage
hitting the ground in  accordance with a facility contingency plan.  If
the release  coincides with  a holiday or weekend, the incidental
drippage must be cleaned up within 72 hours.
RCRA Waste
       Section 4-22

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                                                                                   June 19, 1996
Question 10                 •     What is the difference between surface protection and wood
Surface Protection                treatment?
versus Wood
Treatment                         If the purpose of the operation is to temporarily protect wood
                                   against sap stains or other discoloration that may form on the
                                   surface of the wood after cutting, it is  considered by  EPA to be
                                   a wood  surface  protection  process.   Wastes from surface
                                   protection operations are currently not regulated as listed hazardous
                                   wastes by EPA. Wood preserving, on the other hand, involves the
                                   application of chemicals to provide long-term protection against
                                   structural problems  in wood  as  a result  of ground contact,
                                   weathering, or insect damage.


 Additional information is available on the subjects discussed above:

        For general information on RCRA, refer to EPA's RCRA Orientation Manual, 1990 Edition,
        EPA/530-SW-90-036.

        For information on the specific regulations, consult the following sections of the Code of Federal
        Regulations:

        -   Hazardous Waste Under RCRA — 40 CFR Part 261
            Definition of Solid Waste/Recycling Exemptions — 40 CFR 261.2
            Equipment Cleaning Procedures — 40 CFR 261.35
            Closed Loop Recycling — 40 CFR 261.4(a)(8)
        -   Direct Use/Reuse — 40 CFR 261.2
        -   Solid/Hazardous Waste Exclusions — 40 CFR 261 .(4)(a)(8), (b)(9).

        For more information on hazardous waste counting, consult the May 11,1995, Federal Register
        (60 FR 25510).

        For more information on EPA's decision not to regulate wood surface protection wastes,  please
        consult the January 4, 1994, Federal Register (59 FR 458).
RCRA Waste                               Section 4 - 23

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                                     SECTION 5
                                     DRIP PADS
Introduction                Subpart W drip pads are hazardous waste management units that are
                            unique to the wood preserving industry. Drip pads are used to accumulate
                            and manage excess wood preserving formulations following the treatment
                            of virgin timber.  In many cases, excess formulation dripping from the
                            treated wood is considered hazardous waste under RCRA.

                            EPA has issued  specific regulations listing wood  preserving process
                            wastes as hazardous.  These hazardous wastes include wastewaters,
                            process residuals, preservative drippage, and spent formulations from
                            wood preserving operations using chlorophenolic formulations (F032),
                            creosote formulations (F034), and inorganic preservatives containing
                            arsenic or chromium (F035) (see Section 4 for a discussion of wastes
                            generated in the wood preserving industry).

                            Due to the nature of wood preserving wastes and the manner in which
                            they are generated (i.e., over a very large surface area), EPA discovered
                            that  the  regulations governing  traditional  RCRA hazardous  waste
                            management units were not particularly useful.  To accommodate this
                            uniqueness and to ensure proper and consistent waste management, in
                            1990 EPA developed specific  standards for the design, installation,
                            operation, and closure of hazardous waste drip pads by recognizing drip
                            pads as a new type of hazardous waste management unit under RCRA.
                            This section of the Compliance Guide discusses these standards, which
                            are referred to as RCRA Subpart W standards.

                            Note: Owners/operators of wood preserving facilities can use tanks
                            or containers instead of drip pads  to accumulate hazardous wastes
                            that are generated in the wood preserving industry, but no drippage
                            may occur outside the tank.  Due to the unique manner in which
                            w oodpreserving wastes are generated (e.g., over a very large surface
                            area), use of a drip pad is often the  most feasible way to contain and
                            accumulate hazardous waste that is generated from  the treated
                            wood. Use of tank storage may be feasible at facilities using dip
                            tanks instead of pressure treatment. Also, tanks and containers can,
                            and often  are,  used elsewhere at wood preserving facilities to
                            accumulate other types of hazardous waste  generated at other
                            locations on site.
Drip Pads                                 Section 5-1

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                                                                                    June 19, 1996
                             Regardless of the management practice used at a particular facility,
                             drippage that meets a listing description or exhibits a characteristic of
                             hazardous waste that is allowed to fall onto the ground or onto a non-
                             regulated unit (e.g., a non-regulated drip pad) is considered illegal disposal
                             of a hazardous  waste,  and may  be  subject  to  enforcement action.
                             Incidental drippage in storage yards from charges of wood that remained
                             on drip pads until all drippage ceased is not considered a listed hazardous
                             waste. However, owners/ operators must maintain contingency plans for
                             cleanup of this type of drippage.
New vs. Existing
Drip Pads
Distinctions are made between new and existing drip pads. A drip pad is
considered existing if construction was completed prior to December 6,
1990. All other drip pads are considered new.  A "newprime" drip pad
is one that contains both a leak detection and leak collection system as
specified in the regulations.  Owners/operators of new drip pads must
comply with all of the standards discussed below. Existing drip pads may
need to be modified or "upgraded"  to ensure adequate protection of
human health and the environment. EPA's regulation of existing drip pads
is also discussed below.
Drip Pad Design
Standards
EPA has established specific drip pad design standards to ensure that drip
pads have sufficient structural strength to prevent failure of the drip pad
under the weight of wood and equipment.  To accomplish this, all drip
pads must:

      Be constructed of non-earthen materials (this excludes wood and
      non-structurally  supported  asphalt);  drip  pads  are  typically
      constructed of concrete or steel
      Be sloped to ensure that drippage, wastewater, and other liquids
      flow to a collection system and do not "puddle" on the drip pad
      surface
•     Have a curb or berm around the perimeter to prevent run-on and
      run-off
      Be strong enough to stand up to daily  operational activities, fork
      lifts, traffic, and remain structurally sound and crack-free.

One of the main goals of the drip pad design  standards is to prevent the
flow of waste from the drip pad to the surrounding environment.  Subpart
W requires owners/operators to protect against the migration of hazardous
wastes and their constituents into the environment.  An owner/operator
has two design options.
Drip Pads
             Section 5-2

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                                                                                    June 19, 1996
                             The first option is to apply a sealant or coating to the drip pad surface
                             to prevent hazardous wastes  generated on the drip pad from  seeping
                             through the drip pad and into the surrounding environment.  Sealants
                             penetrate  the  surface of concrete  drip pads  and solidify to form an
                             impermeable surface.  Coatings do not penetrate the surface of the drip
                             pad, but rather bond to the surface.

                             Because concrete, the most common construction material for drip pads,
                             is  inherently porous,  Subpart W dictates the following performance
                             standard for any sealant or coating:

                                   Once a sealant or coating is applied to an uncracked drip pad, the
                                   drip pad must  meet the hydraulic conductivity  permeability
                                   rating of 1 x 107 cm/sec (for more information see Appendix
                                   B for contacts).

                             In general, sealants tend to hold up better than coatings under the stresses
                             of vehicle traffic,  but tend to  crack easily in conjunction with cracking
                             concrete underneath.  Coatings do not bond as well to the concrete, but
                             tend to flex and protect the drip pad against micro-cracks.

                             Although  the  regulations were established under the  assumption that
                             concrete would be used to construct the drip pad, other materials, such
                             as steel, are acceptable provided the hydraulic  conductivity permeability
                             rating of 1  x 10"7 cm/sec is achieved.  Because uncracked steel meets this
                             rating by itself, a sealer or coating is not necessary to  satisfy RCRA
                             requirements.

                             The  second option is to  install a  synthetic  liner and  leak detection
                             system/leak collection system  below the drip pad to prevent leakage into
                             the adjacent subsurface soil, groundwater, or surface water.

                             Owners/operators of both new and existing drip pads must  employ at least
                             one of these methods to comply with the Subpart W standards (drip pads
                             that were  constructed between December 6,  1990, and December 24,
                             1992  do not have to install  a leak collection system with  their leak
                             detection system).  EPA does  not recommend one option  over the other,
                             but believes that installation of a liner and leak detection system will
                             require less maintenance and be less costly than repeated application of
                             surface  coatings or sealants. Each of the design options for drip pads is
                             discussed in more detail below.

                             Exhibits 14 and 15 provide a  side and front view of a typical drip  pad.
Drip Pads                                  Section 5-3

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                                                                                            June 19, 1996
Exhibit 14
Side View of Typical Drip Pad
                        A      B
                     D
                    A   Curb or Berrn
                    B    Sealer/Coating
                    C    Reinforced Concrete Pad: Design will be Determined by Wheel Load
                    D   Drainfield of Graded Fill
                    E    Perforated or Slotted Pipe Leading to Sump for Leak Detection System
                    F    Synthetic Liner
                    G   Base to Support Liner
                    H   Existing Soil Substrate
Exhibit 15
Front View of Typical Drip Pad
                  Curb
Impermeable
  Surface/
  Coating
Structurally
Reinforced
 Concrete
                       O  O   O
                                                 O  O  0
                                          LEAK DETECTION SYSTEM
                                           '> SOIL SUBSURFACE
Drip Pads
                    Section 5 - 4

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                                                                                    June 19, 1996
Sealed Drip Pads
Owners/operators electing to apply a coating or sealant to a drip pad must
cover the entire surface of the drip pad. The material used to seal the drip
pad must be compatible with the wood preservatives used by the facility
and must meet the hydraulic conductivity requirement of 1 x 107 cm/sec
specified in the regulations. Additional factors that should be considered
to ensure that the coating selected will achieve its standard for a particular
use:
                             •     Chemical resistivity
                             •     Physical compatibility with service
                                   Adhesion capacity to substrate
                                   Temperature resistance
                             •     Flexibility
                             •     Scrubability
                                   Resistance to abrasion and impact
                             •     Toxicity
                             •     Drying and curing time
                             •     Method and ease of application.

                             In addition to selecting a compatible sealant or coating, proper application
                             of the product is crucial in meeting the drip pad design standards.  Proper
                             installation not only ensures that the hydraulic conductivity standard will be
                             achieved, but may also prolong the effectiveness of a particular coating,
                             reducing the necessity and frequency of reapplication.  Coatings and
                             sealers should be chosen based on the service they will see on the drip
                             pad.  For example,  forklifts operating on a common area have been
                             known to tear coatings, while sealers have been found to better withstand
                             this type of pressure.
Drip Pad Liners             Owners/operators who choose to install a liner and leak detection system
                             must also follow certain design criteria.  Specifically, each liner must:

                             •     Prevent leakage during the active life of the drip pad
                                   Resist absorption of waste
                                   Be constructed of material that is strong and thick enough to
                                   prevent failure of the system
                             •     Be placed on a foundation or base which can support the liner
                                   Cover all surfaces that could  come  in  contact with waste or
                                   leakage.

                             During construction or installation, each liner  must be inspected for
                             structural defects.   After  construction,  a  registered,  independent,
                             professional engineer must certify that the pad meets all requirements set

Drip Pads                                  Section 5-5

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                                                                                  June 19, 1996
                             forth in the Subpart W regulations. This certification must be kept in the
                             facility's operating log.
Leak Detection
Systems
There are several specifications for the drip pad leak detection systems
that are used in conjunction with the synthetic liner.  Leak detection
systems must be:

•     Located immediately above the liner
•     Constructed  of materials which can chemically resist waste and
      physically resist pressure from above
      Designed to  detect drip pad failure or the release of hazardous
      waste or accumulated liquid at the earliest practicable time
•     Designed and operated to function without clogging.
Liquid Collection
Systems
Owners/operators of Subpart W drip pads installed after December 24,
1992 choosing to comply with the synthetic liner option must also equip
the drip pads with a leak collection system to remove waste accumulating
on the liner.  If this collection system involves the use of a tank or sump to
collect any  excess liquids, the tank  or  sump will be subject  to the
management standards applicable to hazardous waste tanks under RCRA
Subpart J.

Tanks and sumps that are part of wastewater treatment units may be
exempt from RCRA regulation if they  are otherwise subject to regulation
under the Clean Water Act (CWA). A discussion of Subpart  J is
provided in Section 7.

Drip pad leak collection systems must be:

     Located immediately above the liner
•    Designed, constructed, maintained, and operated so that leakage
     can be removed from below the drip pad
     Designed and operated to convey, drain, and collect liquid in a way
     that prevents run-off
•    Emptied as necessary to ensure  that the capacity of the system is
     maintained.

Note:   Leakage  collection systems must be a collection device
separate from the sump or tank system used to collect liquid flowing
off of the drip pad.
Drip Pads
             Section 5-6

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                                                                                 June 19, 1996
Run-on and Run-off
Control
Drip pads that are not inside or otherwise covered must be equipped with
run-on and run-off control systems  able to collect and control the
volume of rainwater from a 24-hour, 25-year storm. This system must be
designed and operated to stop the flow of water both onto and off of the
drip pad. In addition, any collection units associated with such systems
must be emptied as soon as possible after storms to maintain the system's
design capacity.

Note: Regardless of whether apadis covered, a curb or berm around
the perimeter of the drip pad is required.
Drip Pad Operation
There are several requirements concerning the operation of drip pads.

      The entire surface of the drip pad must be cleaned to allow for
      weekly inspection. The frequency and method of cleaning must be
      documented in the operating log (residues from drip pad cleaning
      are hazardous waste and must be managed accordingly).
      Drip pads must be maintained free of cracks that would otherwise
      adversely affect hydraulic conductivity, corrosion, or deterioration
      that could result in leakage.
•     The drip pad must be operated in a way that minimizes the tracking
      of hazardous waste off of the drip pad by personnel and equipment.
      This may be accomplished by controlling employee access and
      having a dedicated forklift on the drip pad.
•     After treatment, wood must  remain  on the drip  pad until all
      drippage has ceased.  The operating log must document that each
      charge has stopped dripping before it is removed from the pad.
•     Collection systems and holding units for run-on and run-off control
      must be emptied as soon as possible after storms.
Temporary
Accumulation of
Hazardous Waste on
Drip Pads
As discussed in Section 3 of this Guide, generators may use drip pads as
hazardous waste accumulation units to temporarily store hazardous waste.
A generator who accumulates hazardous waste on a drip pad for 90 days
or less is not required to obtain a RCRA storage permit as long as:

•     The drip pad satisfies technical standards set out in the regulations
      The facility has written procedures to ensure that wastes  are
      removed from the pad and collection system at least every 90 days
•     Records are kept documenting that these procedures are followed,
      the date and time of removal, and the quantity removed.
Drip Pads
             Section 5-7

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                                                                                  June 19, 1996
                            This 90-day  limit applies to both large  quantity and small quantity
                            generators. While small quantity generators may normally accumulate
                            hazardous waste in accumulation units for up to 180 days, this is not the
                            case for small quantity generators accumulating waste on Subpart W drip
                            pads.  Owners/operators of wood preserving  facilities who generate
                            between 100-1000 kg of hazardous waste per calendar month and who
                            accumulate the waste on  drip pads  are not eligible for the reduced
                            standards normally provided for small quantity generators. Instead, these
                            generators must comply with all the management requirements for large
                            quantity generators accumulating hazardous waste on  drip pads.

                            Note:  Hazardous waste  that is generated elsewhere at the wood
                            preserving facility and accumulated in tanks or containers (i.e., not
                            accumulated on drip pads) will remain subject to small quantity
                            generator standards. Only waste that is accumulated on drip pads
                            must adhere to the large quantity generator standards.

                            Conditionally exempt small quantity generators are not subject to the
                            90-day accumulation limit, nor are they required to accumulate their
                            hazardous wastes in any particular type of unit, including drip pads.
                            Allowing hazardous waste to fall onto the ground is  viewed as illegal
                            disposal, and may result in an enforcement action if inspectors determine
                            that such disposal threatens human health or the environment. As such, it
                            is prudent for all wood preserving facilities, even if conditionally exempt,
                            to ensure that they are operating their drip pads in an environmentally safe
                            and responsible manner.
Assessment of Drip         Many wood preserving facilities were already in existence when the drip
Pad Integrity               pad standards were first issued.  In fact, many facilities had been in
                            operation for a number of years prior to development of the standards,
                            and had been using drip pads to collect drippage from treated wood.  In
                            light of the potential cost to the existing facilities to upgrade every drip
                            pad, EPA developed a certification program that allows owners/operators
                            to assess and certify the integrity of existing drip pads until all repairs or
                            upgrades have been made By upgrade, EPA means the installation
                            of a leak detection and leak collection system, not the application
                            of a sealant or coating.  Although owners/operators may still select
                            which compliance option to implement, only a drip pad that has a leak
                            detection/leak collection system will be  considered "upgraded"  for
                            purposes of these standards.
Drip Pads                                  Section 5 - 8

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                                                                                  June 19, 1996
Existing Drip Pads          Until  a drip pad has been upgraded to include a  liner and leak
                            detection/leak collection system, owners/operators must evaluate each
                            existing drip pad to determine the extent to which it meets all Subpart W
                            design and operating requirements. A written assessment of the drip pad,
                            attesting to the results of the evaluation, must be certified  by an
                            independent, qualified, registered professional engineer and kept on file at
                            the facility.  This assessment must be renewed, updated, and recertified
                            annually until all upgrades have been made.

                            Although owners/operators may choose to apply a sealant and not install
                            a liner in order to comply with applicable requirements, only those who
                            install a liner and leak detection/leak collection system are relieved of the
                            responsibility to conduct an annual assessment of the drip pad's integrity.
                            Even if a facility installs a new drip pad and chooses to apply a coating or
                            sealant instead of a liner system, the Subpart W standards still require an
                            annual drip pad  assessment.   Thus, when determining which upgrade
                            option is most suitable to a particular facility, owners/operators should
                            compare the cost of performing annual assessments to the cost of installing
                            a liner system.

                            Note:  Existing drip pads constructed between December  6,  1990,
                            and December 24, 1992, that are being upgraded only require the
                            installation of a leak detection system, and not  a leak collection
                            system as well.  Any drip pad constructed after December 24,  1992,
                            must include both a leak detection and leak collection system to be
                            considered "upgraded" for purposes of Subpart W.  EPA  does
                            recommend installation of both to ensure protection of human health
                            and the environment. See  Exhibit 16 for design and certification
                            requirements.

                            Although there is no specified date by which all facilities operating Subpart
                            W  drip pads must  demonstrate that existing drip pads  meet upgrade
                            requirements, EPA feels that  most facilities will choose to upgrade their
                            drip pads with a liner and leak detection/leak collection system in light of
                            long-term cost savings to the facility. Once a facility has upgraded its drip
                            pads to comply  with the leak detection/leak collection system and has
                            obtained proper certification,  no further annual assessment is required.
New Drip Pads              New drip pads must be assessed upon initial construction.   During
                            construction or installation, all liners and cover systems must be evaluated
                            for uniformity, damage, and imperfections (e.g., holes, cracks, spots) that
                            could potentially affect the drip pad's ability to protect against preservative
                            leakage to the surrounding environment.  Once construction is complete,

Drip Pads                                 Section 5 - 9

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                                                                                 June 19, 1996
                            the drip pad must be inspected by an independent, qualified, registered
                            professional engineer to  ensure that it meets  all  applicable design
                            requirements.  All certifications must be kept as part of the facility's
                            operating log.  Unlike existing  drip pads that have  not yet been fully
                            upgraded, there are no annual recertification requirements for new drip
                            pads that have been constructed with a liner and leak  detection/leak
                            collection  system.  Exhibit 16  contains a summary  of the drip pad
                            construction and certification requirements.

                            Note: EPA strongly encourages the use of both a liner system and
                            application of a coating or sealant to the drip pad to ensure safe
                            hazardous waste management.  This will help to prevent present and
                            future  threats to human health and the environment posed by
                            accidents, leaks, or general wear and tear.
Drip Pads                                 Section 5-10

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                                                                                         June 19, 1996
Exhibit 16
Drip Pad Construction and Certification Requirements
      Type of Drip Pad
       Existing Drip Pad
      (Constructed Before
       December 6,1990)
        New Drip Pad
     (Constructed Between
       December 6,1990)
             and
      December 24,1992)
        New Drip Pad
      (Constructed* After
      December 24,1992)
       Construction Options
                                        Apply Impermeable
                                         Sealant or Coating
                OR
                                    Upgrade Drip Pad to Install
                                     Liner and Leak Detection/
                                         Collecting System
                                       Sealant or Coating that
                                        meets 1x10-7cm/sec
                OR
                                       Install Liner and Leak
                                         Detection System
                                       Sealant or Coating that
                                        meets 1x10-7cm/sec
                OR
                                    Upgrade Drip Pad to Install
                                     Liner and Leak Detection/
                                         Collecting System
Type of Certification Required
                                           Annual Professional
                                         Engineer (PE) Certification
                                        One-Time PE Certification of
                                             Drip Pad Liner
                                         Annual PE Certification of
                                                Drip Pad
                                       One-Time PE Certification of
                                           Drip Pad and Liner
                                        Annual PE Certification of
                                                Drip Pad
                                         One-Time PE Certification
                                          of Drip Pad and Liner
      "Under Construction" includes those drip pads for which an owner/ operator signed or entered into a
      binding financial agreement for construction prior to this date.
Inspections
Drip  pads must be  inspected weekly and after  storm events.  The
inspection must include checks for deterioration of the run-on and run-off
control systems, the presence of leakage, proper functioning of the leak
detection system, and deterioration of the drip pad surface.  Records of
drip pad inspections should be maintained at the facility for at least three
years from the date of inspection.  Exhibit  17 contains information
concerning a facility's obligations with respect to drip pad inspection and
maintenance.
Drip Pads
              Section 5-11

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                                                                                   June 19, 1996
Exhibit 17
Responding to Drip Pad Cracks
1.
2.
3.
Take Cracked Portion of
the Pad Out of Service
Notify the EPA Regional
Administrator or
Delegated State Director
Within 24 Hours
Record Release in
Operating Log

2. Repair Crack
/'l Obtain RecertificationX
/ 2. Renotify EPA Regional \
                                               Take Cracked Portion of Drip
                                                 Pad Out of Service and
                                                     Repair
Operating Log
A drip pad owner/operator must comply with several recordkeeping
requirements. Facilities are required to keep an operating log to document
many of their activities with respect to drip pad maintenance and the
management of hazardous waste.  It is advisable to keep all information
related to hazardous waste management activities in the operating log.

The following operations and activities must be documented in the facility's
operating log:

      Leakage/drippage  — date,  time,  and quantity of leakage
      collected and removed from leakage collection system, drip pad,
      and sump

      Drip Pad Cleaning — date and time of each drip pad and all
      cleaning procedures

      Drip Pad Operation — documentation that all treated wood is
      held on the pad until drippage has ceased
Drip Pads
             Sections -12

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                                                                                 June 19, 1996
                                  Inspections  — documentation of all inspections conducted in
                                  accordance with the requirements of Subpart W. To inspect a drip
                                  pad, owners/ operators must look for deterioration, malfunctions or
                                  improper operation of run-on and run-off control systems, proper
                                  operation of leak detection  systems and leakage from these
                                  systems, and deterioration or cracking of the drip pad's surface.

                                  Waste Handling — documentation of facility waste handling
                                  practices, including preservative formulations used in the past,
                                  drippage management  practices, and treated wood storage and
                                  handling practices. The log must describe the operation that will be
                                  followed to ensure that all wastes are removed from the drip pad
                                  and collection system at least once every 90 days.
Releases of                There are several steps a facility must take in the event of a release of
Hazardous Waste           hazardous waste from a drip pad.  Upon  discovery of a  release,
from Drip Pads              owners/operators must:

                                  Discontinue operations on the affected portion of the drip pad
                            •     Record the leak in the facility operating log, noting the date and time
                            •     Determine what repairs are required, remove leakage from below
                                  the pad, and establish a schedule for cleanup and repair
                                  Notify the EPARegional Administrator or delegated State director
                                  within 24 hours of discovery, and provide a written description of
                                  the planned cleanup and repair within 10 days
                                  Promptly perform repairs
                            •     Following completion  of  repairs,  notify the  EPA Regional
                                  Administrator in writing that  the cleanup and  repairs  were
                                  completed in accordance with the previously submitted plan. This
                                  notification must be certified by a registered, professional engineer.

                            Note: It is not EPA's intent to require owners/operators to notify the
                            EPA Regional Administrator for every repair made to a Subpart W
                            drip pad.  The owner/operator must  notify the  EPA  Regional
                            Administrator or State director only when there has been an actual
                            release of hazardous waste from  the drip pad. Cracks and other
                            conditions that have the potential to lead to a release in the future
                            need not be  reported.   Owners/operators must still make  all
                            appropriate repairs in a timely fashion and note the repairs in the
                            facility log.
Drip Pads                                 Section 5-13

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                                                                                   June 19, 1996
Contingency Plans
Each facility must develop a contingency plan that describes the steps an
owner/operator will take in response to a leak of hazardous waste from
drip  pads.  Large quantity generators are required by  regulation to
develop such plans and amend them whenever necessary.  A copy of the
contingency plan must be maintained at the facility and submitted to all
local police departments, fire departments, hospitals, and State and local
emergency response teams. Contingency plans must contain the following
information:
                             •     General information about the facility
                                  The name, address, and  phone number  of the emergency
                                  coordinator and an alternate emergency coordinator
                             •     Emergency procedures to be followed in the event of a spill, fire, or
                                  explosion
                                  The evacuation plan and a list of all emergency equipment at the
                                  facility.

                             Small quantity generators are also required to have contingency plans.
                             These plans may be less detailed than those  required for large quantity
                             generators. However, because they are held to the same standards as
                             large quantity generators when accumulating hazardous waste  on drip
                             pads, small quantity generators are required to develop full contingency
                             plans  identical  to  those  required  of  large  quantity  generators.
                             Conditionally  exempt small quantity generators are not  required to
                             maintain contingency plans under RCRA, but are encouraged to do so.

                             Note: This facility contingency plan is different from the storage yard
                             clean-up plan that is also required under the drip pad standards.
Closure of Drip Pads
To ensure that drip pads are properly managed when operations have
ceased, all drip pads must be "closed" in a way that prevents future
migration of contaminants into the environment.  Closure of a drip pad
involves removal or decontamination of all waste residue, contaminated
soils, and  equipment.  If it is impossible or impractical to remove all
contaminated soil, the unit must be treated and closed in a manner similar
to a hazardous waste landfill.  Generators accumulating hazardous waste
on drip pads are also subject to certain closure requirements. For a more
detailed discussion concerning  generator  closure  requirements,  see
Section 3 of this Guide.
                             Upon closure, owners/operators may also choose to remove and dispose
                             of old  drip pads at a facility.  These drip pads will  most likely be
                             considered listed hazardous waste by virtues of being debris which is

Drip Pads                                 Section 5-14

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                                                                                 June 19, 1996
                            contaminated with a listed hazardous waste (e.g., F032, F034, F03 5). In
                            such cases, it is possible to grind and separate the drip pad into those
                            portions which do contain listed hazardous waste, and those that remain
                            uncontaminated because they never had any contact with a listed waste at
                            all.  By separating the two waste streams, owners/operators can reduce
                            waste management costs by sending only those portions of the drip pad
                            that are contaminated with listed hazardous waste to a hazardous waste
                            landfill.
Frequently Asked
Questions
Question 1
Closure Timeframe
The  following are frequently asked questions concerning  regulatory
scenarios encountered at wood preserving facilities. Please consult the
appropriate  implementing agency for final  regulatory  determination
regarding site-specific situations.

•     Once a large quantity generator begins closure activities on
      a Subpart W drip pad, is there a specific timeframe during
      which closure activities must be completed?

      There  is no specified time  frame during  which  generators
      accumulating hazardous waste on drip pads must complete closure
      activities; however, other  RCRA  regulations  may  prevent
      owners/operators  from accumulating hazardous waste  on-site
      longer than 90 days without obtaining a RCRA permit.  Section
      262.34 allows large quantity generators  to accumulate  hazardous
      waste on-site for up to 90 days. A large quantity generator in the
      process of closing a drip pad will, in fact, lose its generator status
      if closure activities necessitate storing hazardous waste on site for
      longer than 90 days. If the 90-day limit is exceeded, the facility will
      enter interim status, and all applicable closure timelines for interim
      status facilities will apply.

      Although no timeframes exist for generator closure activities on the
      Federal level, owners/operators  should consult the appropriate
      State hazardous waste agency to learn of possible State regulations.
      Many  States allow no more than 180 days to complete closure
      activities.
Question 2
Drip Pad Cleaning
      Subpart W requires owners/operators to clean the hazardous
      waste drip pads to allow for weekly inspections. Is shoveling
      the drip pad considered an appropriate method for meeting
      this requirement?
Drip Pads
             Section 5-15

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                                                                                 June 19, 1996
Question 3
Curbs on Covered
Drip Pads
Question 4
Certification of
Operating Practices
Question 5
Upgrading Drip Pads
EPA intentionally developed the drip pad cleaning requirements to
be  performance-based.    Thus,  any  method   that  allows
owners/operators to effectively  conduct the required  weekly
inspection of the drip  pad is appropriate.   When performing
cleaning activities, owners/operators must take special precautions
to avoid damage to the impermeable surface  of the drip pad (if
owners/operators have chosen to comply with that design option).

If a drip pad is covered by a roof, is a curb  required?

In order to meet the Subpart W drip pad design criteria, a drip pad
must have a curb to prevent precipitation run-off and run-on.
However, if a drip pad is inside or under a cover (i.e., a roof) and
the surrounding landscape is graded so that run-on cannot occur,
the drip pad curb need not be very high to prevent run-on  and
 run-off  of rain occurring during a 24-hour, 25-year storm. The
requirement in §265.443(f) is designed for those facilities  that do
not have enclosed drip pads.

Structures built  over  drip  pads should meet the following
specifications:

1.     The structure must cover  the drip pad  entirely and  have
      eaves that extend beyond the curb of the  drip pad to prevent
      most  wind-blown   rain   from   hitting  the  drip  pad.
      Owners/operators may also install walls outside the  curb to
      serve the same purpose.

2.     Owners/operators should  install rain diverters, gutters, or
      similar devices that prevent water from running off the roof
      and onto the drip pad.

Is the professional engineer (PE) certification required to
address operating conditions  at the facility in addition to
assessing and certifying the drip pad's integrity?

No, the purpose of the PE certification is to assess the physical and
structural aspects of the  drip pad,  not the  facility's operating
practices.

Are  owners/operators of existing drip pads  required to
upgrade their  pads  to  meet  all of the design  criteria of
Subpart W? If so, when must these upgrades be complete?
Drip Pads
       Sections -16

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                                                                                 June 19, 1996
Question 6
Collection System
and Drip Pad
Clean-out
No, the final drip pad standards do not contain a final deadline by
which owners/operators must upgrade their drip pads to install
liners and leak detection systems.  Instead, owners/operators of
existing pads that have not been upgraded must continue to annually
certify the integrity of their existing drip pad until such upgrades are
completed.  A written plan for upgrading is only required if the
treater plans to upgrade the drip pad to include a liner. Such plans
must be submitted at least two years prior to upgrading.

After cleaning the drip pad and the collection system (sumps)
every  90 days, as required  for large  and small  quantity
generators, how long can the hazardous waste remain on
site?
                                  If the hazardous waste is placed in satellite accumulation areas, the
                                  waste can remain there until the drum is full.  Once the drum is full,
                                  it must be dated and moved to the hazardous waste storage area.
                                  The 90 or 180 day accumulation clock starts once the hazardous
                                  waste has been sealed into a drum or placed in a tank.
Drip Pads
       Sections -17

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                                                                                   June 19, 1996
                              Additional information is available on the subjects discussed above:

                                     For general information on RCRA, refer to EPA's RCRA
                                     Orientation Manual, 1990 Edition, EPA/530-SW-90-036.

                                     For information on the specific regulations, consult the following
                                     sections of the Code of Federal Regulations:

                                        New vs. Existing Drip Pad — 40 CFR 265.440
                                        Assessment of Existing Drip Pad Integrity — 40 CFR
                                        265.441
                                        New Drip Pad Design Standards — 40 CFR 264.573 and
                                        265.443
                                     -  Sealed Drip Pads — 40 CFR 265.442
                                     -  Drip Pad Liners — 40 CFR 264.573 and 265.443
                                        Leak Detection/Collection Systems — 40 CFR 264.573
                                        and 265.443
                                        Uncovered  Drip Pads — 40 CFR 265.440
                                        Drip Pad Operations — 40 CFR 265.443
                                        Temporary Accumulation of Hazardous Waste on Drip
                                        Pads — 40 CFR    262.34
                                        Releases of Hazardous Waste from Drip Pads — 40 CFR
                                        265.443, 265.445
                                        Recordkeeping and Reporting Requirements — 40 CFR
                                        265.444
                                        Contingency Plans — 40 CFR 265.440
                                     -  Closure of Drip Pads — 40 CFR 265.111, 265.114,
                                        265.445.
Drip Pads                                 Section 5-18

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                                                     SECTION 6
                                                STORAGE YARDS
Introduction                Most wood preserving facilities maintain storage yards to hold treated
                            charges of wood until they are sent off-site for sale. Because of the
                            high cost of controlling wastes in storage yards (e.g., building storage
                            sheds and paving storage yards), EPA has imposed minimal RCRA
                            regulation on the management of storage yards at wood preserving
                            facilities. Because of enhanced waste minimization efforts throughout
                            the wood pSreserving industry and the drip pad  operating standards of
                            Subpart W, little waste, if any, is generated in these areas.

                            The drip pad regulations require that all treated wood (from both
                            pressure and non-pressure processes) be held on drip pads until
                            drippage has ceased.  Incidental and infrequent drippage in the storage
                            yard from a charge that stopped dripping before it was removed from
                            the drip pad is not considered illegal disposal if it is cleaned up within
                            24 hours (or 72 hours if the drippage occurs on  a holiday or weekend)
                            in accordance with the facility's contingency plan. Drippage that is
                            cleaned up must be handled as hazardous waste.

                            The contingency plan must be developed and maintained on file at the
                            facility. The contingency plan must describe how  the facility will:

                                  Clean up any drippage within 72 hours of occurrence (not
                                  detection)
                            •     Document the cleanup of such drippage, and retain records of
                                  the cleanup for a period of three years
                                  Manage any contaminated media (e.g., soil, water) as F-listed
                                  hazardous waste or characteristic hazardous waste.

                            EPA expects an adequate storage yard contingency plan to include
                            frequent storage yard inspections, to ensure that  incidental drippage and
                            soils are cleaned up within 24 hours (72 hours if over a holiday or
                            weekend).

                            EPA encourages owners/operators of facilities to develop grid locator
                            systems in their storage yards to facilitate the tracking of cleanup
                            activities.  In addition, EPA also recommends constructing covered
                            storage yards to reduce the potential of run-off contamination.
Storage Yards                               Section 6-1

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                                                                                   June 19, 1996
StormwaterRun-offin        Generally, stormwater runoff in storage yards is not considered a listed
Storage Yards               waste.  EPA has clarified that the hazardous waste listings for wood
                             preserving chemicals do not apply to precipitation run-off from treated
                             wood in storage yards without drip pads, where the owner or operator
                             has allowed the treated wood to sit on the drip pad until all drippage
                             has ceased. This is consistent with EPA's general position that the
                             derived-from rule does not apply to precipitation run-off (see 40 CFR
                             261.3(c)(2) and 45 FR 33096; May 19, 1990).  Stormwater that falls
                             onto the drip pad, however, and that is collected and disposed, will be
                             considered a listed waste and subject to RCRA regulation.

                             As discussed above, owners/operators must keep treated wood on
                             drip pads until  all drippage has ceased.  In order for precipitation run-
                             off in storage yards not to be considered a listed hazardous waste, an
                             owner/operator must show through its records that the facility complies
                             with this requirement. In the case of incidental drippage in storage
                             yards, owners/operators must maintain a spill contingency plan for such
                             occurrences. If the facility does not have documentation that it is in
                             compliance with Subpart W, EPA can assert that the stormwater
                             transported a listed hazardous waste and that the resulting sludge also
                             carries the listing.

                             EPA encourages the construction of stormwater run-off mitigation
                             systems and the appropriate handling of sediments generated as a result
                             of such management. In addition, any of these wastes may exhibit a
                             characteristic of hazardous waste, even though they may not meet a
                             listing description.
 Additional information is available on the subjects discussed above:

        For information on the specific regulations, consult the following section of the Code of Federal
        Regulations:
            Storage yard contingency plans — 40 CFR §265.440(c).

        For more information on the management of drippage in storage yard, consult the regulatory
        interpretive correspondence dated May 31, 1991, written from Lowrance to Hazardous Waste
        Management Division Directors. This memorandum is also a part of the RCRA Permit Policy
        Compendium. #9489.1991(02).
Storage Yards                               Section 6-2

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                                    SECTION 7
                               TANKS AND SUMPS
Introduction                Tanks are used by wood preserving facilities in a number of ways.  Some
                           tanks are used to mix and store preservative solution, while others are
                           used to store and treat hazardous waste generated as a result of wood
                           preserving operations. Tanks that are used to mix and store preservative
                           solution which does not contain RCRA hazardous waste are not covered
                           by the regulations described below. If, however, tanks are used to
                           accumulate, store, or treat waste from the wood preserving process, such
                           as hazardous waste drippage from Subpart W drip pads, the tanks are
                           governed by RCRA Subpart J requirements.

                           Both large and small quantity generators accumulating hazardous waste in
                           tanks are required to comply with the requirements in Subpart J. Large
                           quantity  generators must follow the interim status tank  standards in 40
                           CFRPart 265, and small quantity generators are governed by special tank
                           standards, also in Part 265, Subpart J.

                           Note:^4 small number of wood preserving facilities perform non-
                           pressurized wood treatment  using large tanks of preservative
                           formulation in which charges of wood are submerged. If the facility
                           has not been equipped with a Subpart W drip pad, the charge must
                           remain over the tank until all drippage has ceased.

                           Sumps are man-made reservoirs built into the ground that are designed
                           to capture waste from troughs or trenches.  Sumps meet the definition
                           of tanks under RCRA, and are subject to regulation under Subpart J.
                           Both tanks and sumps are often used to capture waste from drip pads.

                           Tanks and sumps that are part of wastewater treatment units may be
                           exempt from RCRA regulation if they are otherwise subject to regulation
                           under  the Clean Water Act (CWA).

                           This section of the Compliance Guide will discuss the following RCRA
                           requirements that apply to tanks:

                           •      Tank Assessment
                           •      Secondary Containment and Leak Detection
                           •      Ancillary Equipment
                                 Operating and Maintenance Requirements
                                 Inspections
Tanks and Sumps                          Section 7-1

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                                                                                   June 19, 1996
                                  Response to Releases
                                  Closure
                                  Underground Storage Tanks (USTs).
New vs. Existing
Tanks
Different regulatory requirements apply depending on whether tanks are
classified as "existing" or "new" under RCRA. The "new" versus "existing"
distinction dictates when secondary containment systems must be installed.
Tanks which held hazardous waste before July 14, 1986 (the effective
date of applicable EPA regulations), are classified as 'existing," while
tanks that began holding hazardous waste after that date are considered
"new."  New tanks also include reinstalled and replacement tanks or
components.

All tanks must be assessed to evaluate structural integrity and compatibility
with the wastes that the tank will  hold.  The assessment must address
design standards, corrosion protection, testing, and the age of the tank.
Assessment of
Existing Tanks
Most existing tanks do not have to meet the technical standards for new
tanks until the tank system is 15 years old.  To ensure the tank's structural
integrity until then, existing tanks without secondary containment systems
(secondary containment systems are discussed in detail below) must be
assessed for leakage and overall fitness. The assessment must show that
the tank is not leaking and is otherwise fit for use. This assessment was
to have occurred by January 12, 1988.

An assessment of an existing tank must verify that the tank was designed
and maintained to contain the particular wastes stored or treated without
failing,  collapsing, or rupturing.  The written assessment must be certified
by a registered professional engineer and placed in the facility's operating
log.
Assessment of New
Tanks
New tanks must satisfy the following requirements:

•     The system must have adequate foundations, structural support, and
      corrosion protection to prevent collapse, rupture, or failure.
      All seams and connections must be adequately sealed.
      Facilities must prepare a written design assessment, which must be
      certified by a registered professional engineer and kept in the
      operating log.
Tanks and Sumps
             Section 7-2

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                                                                                  June 19, 1996
                            New tanks must be inspected prior to use by a registered professional
                            engineer to ensure no damage to the tank occurred during tank installation
                            or that necessary repairs were properly performed.  All new tanks and
                            ancillary equipment must be tested for tightness, and any leaks must be
                            remedied before the tank may be used. The assessment must ensure the
                            following:

                                  Design  and method  of  operation will  protect  underground
                                  components from damage caused by vehicle traffic.
                            •     Tank foundations will support the load of a full tank.
                                  Tank is anchored to prevent floating or dislodgment.
                                  Tank can withstand the effects of frost.
                            •     Backfill,  used  for underground tank  systems, made up  of
                                  noncorrosive, porous, and homogeneous materials, has been placed
                                  to ensure proper support.
                                  Ancillary equipment has been supported and protected against
                                  physical damage.
Corrosion Protection
New tanks and tank system components made in whole or in part of metal
must have adequate corrosion protection if the system will be in contact
with soil or water.  One or more of the following corrosion protection
methods is required:

•     Use of materials that are corrosion-resistant.
•     Corrosion-resistant coating in combination with cathodic protection
      (cathodic protection prevents corrosion by reversing naturally
      occurring electrical current in tanks, for example through the use of
      sacrificial anodes).
•     Electrical isolation devices.

Regardless of the protection method used, installation of the corrosion
protection system must be supervised by an independent corrosion expert.
Leak Detection and
Secondary
Containment
Secondary containment and leak detection systems allow detection of
leaks from the primary or inner tank and provide an emergency, short-
term secondary barrier to contain releases and prevent them from entering
into the environment. These systems also provide protection from spills
caused by operational errors,  such as overfilling.  Large sumps under
retort areas should  not be  considered secondary containment if they
routinely hold hazardous wastes generated from the retort.
Tanks and Sumps
             Section 7-3

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                                                                                   June 19, 1996
                             All new hazardous waste tank systems not otherwise exempted from
                             regulation  must  have  secondary containment and  leak detection.
                             Secondary containment and leak detection for existing tanks is to be
                             phased in over time, based on the age of the tank and its hazardous waste
                             contents. For example, existing tanks of known and documented age
                             must have detection and containment within two years after January 12,
                             1987, or when the tank system has reached 15 years of age.

                             A secondary containment system must satisfy the following requirements:

                                  Designed, installed, and operated so that no waste is released to
                                  surrounding soil, groundwater, or surface water
                             •     Constructed of material  or liner that is compatible with the waste
                                  being stored or treated in the tank
                                  Capable of containing  accumulated waste until it  is removed
                                  (accumulations must be removed within 24 hours)
                             •     Structurally strong enough to prevent failure
                             •     Foundation must be capable of resisting failure due to normal
                                  movement of the surrounding soils.
Leak Detection
Systems
As part of the secondary containment system, hazardous waste tanks must
be equipped with a leak detection system  capable of detecting failure
either in the primary or secondary containment structures.  The presence
of accumulated materials in the secondary containment  system must be
detected within 24 hours or at the "earliest practicable time."  Thermal
conductivity sensors, electrical resistivity sensors, and vapor detectors are
common leak detection devices. Daily visual inspections may be used
where tanks and tank components are accessible.
Secondary
Containment Devices
Secondary containment systems prevent waste leaking from the tank from
migrating to the soil, groundwater, or surface water.  The containment
device must be capable of detecting and collecting releases and must be:

      Constructed of or lined with materials compatible with the waste to
      be contained
•     Strong enough to prevent failure from pressure, contact with the
      waste, climate, and the stress of daily operations
      Placed on a foundation capable of supporting the system
•     Equipped with a leak detection system
•     Sloped or otherwise designed to drain or remove liquids resulting
      from spills, leaks, or rain.
Tanks and Sumps
             Section 7 - 4

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                                                                                  June 19, 1996
                            Hazardous waste tank regulations require the use of one of the following
                            four secondary containment systems:

                            •     An external liner designed to work in connection with a barrier—
                                  the liner must be free of cracks and should completely surround the
                                  unit with an impermeable material. The liner can be made of many
                                  different types of  materials,  including synthetic  membranes,
                                  concrete, clay, cement, or asphalt, and must be large enough to
                                  contain 100 percent of the capacity of the largest hazardous waste
                                  tank within its boundary.  The liner must be designed to prevent
                                  run-on and run-off.

                            •     A vault, which is an underground area designed to contain releases
                                  not visible to the operator—if the vault is constructed of concrete,
                                  it must have a waterproof exterior and must be lined inside with a
                                  leak proof sealant. The vault must be large enough to contain 100
                                  percent of the capacity of the largest hazardous waste tank within
                                  its boundary and must be equipped with protection against the
                                  formation and ignition of vapor within the vault.

                            •     A double-walled tank ("tank within a tank") — this option is
                                  considered to be the most protective. A double-walled tank must
                                  be designed and constructed so that any release from the inner tank
                                  is completely contained by the outer tank.   Such tanks must be
                                  equipped with built-in, continuous leak detection.

                                  An alternative equivalent device, subject to the approval of the
                                  EPA Regional Administrator.
Exemption from
Secondary
Containment
Requirement
Some tanks may automatically qualify for an exemption from secondary
containment and leak detection requirements. One exemption applies to
tanks, including sumps, that serve as part of a secondary containment
system.  This exemption does not apply to drip pad sumps as these sumps
serve as primary, not secondary, containment systems.
Secondary
Containment for
Ancillary Equipment
All ancillary equipment must have full secondary containment.  Ancillary
equipment includes devices such as piping, fittings, flanges, valves, and
pumps, that are used to distribute, meter, or control the flow of hazardous
waste from its point of generation to  a storage or treatment tank.
Examples of secondary containment for ancillary equipment include use of
a trench, jacketing, or double-walled piping.  If inspected daily, the
following equipment is exempt from this requirement:
Tanks and Sumps                            Section 7-5

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                                                                                  June 19, 1996
                                  Aboveground piping
                                  Welded flanges, joints, and connections
                                  Seal-less or magnetic coupling pumps
                                  Aboveground pressurized piping systems with automatic shut-off
                                  devices.
Operating and
Maintenance
Requirements
Hazardous  waste tanks and secondary containment systems must be
operated so that  releases will  be minimized or eliminated.   Spills  or
overflows from the tank or secondary containment system must be
prevented by:

•     Using spill prevention controls, such as check valves
•     Using overfill prevention controls such as alarms and automatic feed
      cutoffs
      Maintaining sufficient distance between the top of the tank and the
      surface of the waste in the tank (freeboard).
Inspections
To  verify that hazardous waste tanks, components,  and secondary
containment systems are operated and maintained in satisfactory condition,
routine inspections are required.  Records of all tank inspections should
be kept in the operating log.

The following tank system components must be inspected at least once a
day:

      Overfill/spill control equipment to ensure it is in good working order
•     Aboveground portions of the tank system to detect corrosion or
      release of waste
      Data gathered from monitoring and leak detection equipment
      Construction materials and the area immediately surrounding the
      accessible portion of  the tank system, including secondary
      containment structures, to detect corrosion or waste release.

The cathodic protection system must be inspected within six months of
installation and annually thereafter. All sources of impressed current (a
specific type of corrosion protection using direct current from an external
source) must be inspected and/or tested at least every other month.
Response to
Releases
A tank system or secondary containment system that has leaked must be
taken out of operation immediately. The flow of waste into the tank must
be stopped, and the system must be inspected to determine the cause of
Tanks and Sumps
             Section 7-6

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                                                                                  June 19, 1996
                            the release.  All visible contamination must be removed and properly
                            disposed. Any waste remaining in the tank must be removed within 24
                            hours.

                            Unless the release is  exempt (leaks  of less than  one pound that are
                            immediately contained are exempt from Federal reporting obligations), the
                            facility must immediately notify the EPA Regional Administrator or the
                            National Response Center (NRC) and submit a follow-up written report
                            to the EPA Regional Administrator within 30 days.

                            The tank must then be repaired, equipped with secondary containment (if
                            not  already  equipped), or  closed.   If  the  leaking component is
                            aboveground and can be inspected visually, secondary containment does
                            not need to be provided after repair.

                            If any of the repairs are major,  they  must be certified by a registered
                            professional engineer;  this certification  must be  submitted to the EPA
                            Regional Administrator within seven days after returning the system to
                            service. Except for the notification and reporting requirements, the above
                            procedures apply even if a release has been contained by a secondary
                            containment system.
Closure
Underground
Storage Tanks
When a tank containing hazardous waste at a wood preserving facility is
no longer used, or abandoned, owners/operators must complete proper
closure activities to complete their regulatoryresponsibilities.  Whenever
possible, a storage or treatment tank system must be "clean closed" by
removing or decontaminating all waste residues, contaminated containment
system components, and contaminated soils, structures and equipment.
If clean  closure is not possible,  the facility may opt to leave the
contamination in place. If this occurs, the facility must develop a plan for
taking care of the remaining waste for a number of years after closure,
similar to that developed for a landfill.

EPA has developed a  separate regulatory program for underground
storage tanks (USTs). Tanks regulated under this program contain what
are called "regulated substances" which include petroleum products and
hazardous substances as defined under CERCLA. The primary distinction
between the regulations described above and USTs is the content of the
tanks.  Specifically, underground storage tanks are those underground
tanks storing "regulated substances." The definition of regulated substance
specifically excludes any RCRA hazardous wastes.  Thus, any tank
holding a RCRA hazardous waste will not be subject to the Part 280
underground storage tank regulations.
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                                                                                   June 19, 1996
 Additional information is available on the subjects discussed above:
        For general information on RCRA, refer to EPA's RCRA Orientation Manual, 1990 Edition,
        EPA/530-SW-90-036.
        For information on the specific regulations, consult the following sections of the Code of Federal
        Regulations:
        -   Exclusion from Tank Regulations — 40 CFR §§ 264.1 (c)(10); 270.1(c)(2)(v)
            New vs. Existing Tanks — 40 CFR §260.10
        -   Assessment of Existing Tanks — 40 CFR §265.191
        -   Design of New Tanks — 40 CFR §265.192
            Secondary Containment and Leak Detection — 40 CFR §265.193
            Variance from Secondary Containment Requirements — 40 CFR §265.193(g)
            Secondary Containment for Ancillary Equipment —40 CFR §265.193(f)
            Operating and Maintenance Requirements — 40 CFR §265.194
        -   Inspections — 40 CFR §265.195
            Response to Releases — 40 CFR §265.196
        -   Closure — 40  CFR §265.197
            Underground Storage Tanks — 40 CFR Part 280.
Tanks and Sumps                            Section 7-8

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                                      SECTION 8
        ADDITIONAL FEDERAL STATUTORY REQUIREMENTS
Clean Water Act
In 1972,  Congress passed the Federal Water Pollution Control Act,
commonly referred to as the Clean Water Act (CWA).  The goal of the
CWA is to restore and maintain the chemical, physical, and biological
integrity of the nation's surface waters by prohibiting the discharge of
pollutants to surface waters in toxic amounts.

The CWA regulates both direct and indirect discharges. Direct discharges
or "point source" discharges are from sources such as pipes and sewers.
Indirect discharges through publicly-owned treatment works (POTWs)
are regulated by the industrial waste pretreatment program.
NPDES Program
The  National  Pollutant  Discharge  Elimination  System (NPDES),
promulgated pursuant to CWA §402, is the national program for issuing,
monitoring, and enforcing permits for direct discharges of pollutants to the
navigable waters of the United States.  NPDES permits, issued by either
EPA or an authorized State, contain industry-specific, technology-based
and/or water  quality-based  effluent limits, and  establish  pollutant
monitoring and reporting requirements.  A facility that intends to discharge
into the nation's waters must first obtain an NPDES permit.  A permit
applicant must provide quantitative analytical data identifying the types of
pollutants present in the facility's effluent discharge.  The permit will then
set forth the conditions and effluent limits under which a facility may
discharge.

The NPDES permit application, whether for a new discharge or for an
existing discharge, requires extensive information about the facility and the
nature of the discharge from the facility.  EPA application forms include
Form 1 (general information), Form 2 (detailed information on existing
sources), Form 2D  (detailed information on new  sources and new
discharges),  Form 2E (for facilities that discharge only  non-process
wastewater),  and  Form 2F  (for stormwater  discharges).  State
application forms must, at a minimum, require the information required by
EPA's forms.

One of the primary purposes of the NPDES permit is to establish effluent
limitations.  The CWA mandates a two-part approach to establishing
effluent limitations.  First,  all dischargers are required to meet specific
established  treatment levels.   The effluent limitations for  the  wood
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                             preserving industry are found in 40  CFR Part 429.  Second, more
                             stringent requirements must be met where necessary to achieve water
                             quality goals for the particular body of water into which the facility
                             discharges.
Stormwater                 In 1987, Congress amended the CWA and created a program for the
Discharges                  comprehensive control  of Stormwater discharges.  Pursuant to that
                             delegated authority, EPA  established a Stormwater  program  which
                             requires facilities to obtain a permit for Stormwater discharges associated
                             with industrial activity, including discharges to a municipal storm sewer.

                             All wood treating plants, regardless of size, must obtain an NPDES permit
                             for Stormwater discharges.  The permit is a legally enforceable agreement
                             between the regulatory agency (either EPA or the State) and the industrial
                             facility that governs the quality of Stormwater effluent released into
                             receiving waters, such as creeks, streams, ponds, and rivers.

                             EPA published permit application requirements for Stormwater discharges
                             associated with specific industrial activities in the Federal Register on
                             November 16,1990 (55 FR 47990). The regulations outline three permit
                             application options for Stormwater discharges associated with industrial
                             activity:

                             1 -   Submit an individual application. An individual permit application
                             requires detailed quantitative information based on sampling of Stormwater
                             discharges collected during storm events.

                             2 -   Participate in a group application. Group applications allow similar
                             dischargers to apply as a group for a permit.  This type of permit reduces
                             the cost of compliance for group members and the administrative costs for
                             regulators. Additional information on group applications is provided in the
                             September 29,  1995, Federal Register (60 FR 50804).

                             3 -   File a Notice of Intent (NOI) to be covered under a general multi-
                             sector Stormwater permit.   Under the multi-sector permit, Stormwater
                             dischargers have to develop site-specific pollution prevention plans based
                             on industry-specific  best management practices specified in the permit.

                             NPDES Stormwater permits are issued by the EPA Regional office or by
                             States authorized by EPA to administer the program. Contact your EPA
                             Regional office to determine who is administering the program in your
                             facility's jurisdiction.
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                                                                                  June 19, 1996
Pretreatment
Program
Industrial discharges that do not discharge directly into waters of the U.S.,
but instead discharge into a public sanitary sewer system are regulated
under the CWA pretreatment program (CWA §307(b)).  The national
pretreatment program controls the indirect discharge of pollutants to
POTWs by industrial users.  Facilities regulated under §307(b) must
pretreat their wastewater before discharging. The goal of the pretreatment
program is to protect municipal wastewater treatment plants from damage
that may occur when hazardous, toxic, or other wastes are discharged into
a sewer system.  Discharges to a POTW are regulated primarily by the
POTW itself, rather than by the State or EPA.  EPA has developed
technology-based pretreatment standards for categories of industrial users
of POTWs; different standards apply to existing and new sources within
each category.

EPA's Office of Water, at (202) 260-5700, will direct callers with
questions about the CWA to the appropriate EPA office. EPA also
maintains a bibliographic database of Office of Water publications
which can be accessed through the Ground Water and Drinking
Water resource center, at (202) 260-7786.
Federal Insecticide,
Fungicide, and
Rodenticide Act
(FIFRA)
The Federal Insecticide, Fungicide, and Rodenticide  Act (FIFRA),
regulates chemicals with pesticidal properties that are sold in commerce
as poisons. Many of the chemicals used by the wood preserving industry
are regulated under FIFRA.

Wood preserving formulations must be registered with EPA by the
producer.  To register a chemical, an application package that includes
product chemical composition and health risk data must be submitted to
EPA.
                             Under FIFRA,  products  are  classified as either a  restricted-use or
                             general-use pesticide.  This classification must appear on product labels.
                             Wood preserving formulations containing creosote, pentachlorophenol,
                             and inorganic salts such as chromated copper arsenate are classified as
                             restricted-use pesticides. The application of such formulations is therefore
                             limited to licensed pesticide applicators or an individual under the direct
                             supervision of a licensed pesticide applicator. Wood preserving facilities
                             using these formulations must have at least one employee who is licensed
                             to  apply restricted-use pesticides.   The standards  for licensing are
                             established by the Federal government or by State governments with
                             Federal approval.  (A list of State contacts for licensing is provided in
                             Appendix B).

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                                                                                 June 19, 1996
                            In addition to the licensing requirements, wood preserving facilities using
                            arsenic are required to either conduct air monitoring on personnel working
                            in areas where arsenic exposure might occur or require operators to wear
                            respirators.  This air monitoring and associated recordkeeping must be
                            done  in  accordance with  EPA's Permissible Exposure Limit (PEL)
                            Monitoring Program.  The analytical results from the PEL Monitoring
                            Program must be submitted annually to PEL Monitoring, U.S. EPA.

                                  Wood Products Contact
                                  PEL Monitoring (2223 A)
                                  Manufacturing Branch
                                  U.S. Environmental Protection Agency
                                  401 M Street, SW
                                  Washington, D.C. 20460

                            In order to educate consumers on the safe and proper handling of wood
                            treated with creosote, pentachlorophenol, and inorganic arsenicals, a
                            voluntary Consumer Awareness Program was established jointly by
                            EPA  and the wood preserving industry.   Through the program, a
                            Consumer Information Sheet (CIS) containing information about treated
                            wood is distributed to end-users at the time of sale or delivery. The CIS
                            contains language agreed upon by EPA and the wood treatment industry.
                            The primary responsibility for  ensuring that the CIS is distributed to the
                            consuming public resides with the wood treaters. They are responsible for
                            distributing CISs and signs and placards to their retailers, wholesalers, and
                            distributors, and attaching a CIS to each bundle or batch of pressure
                            treated wood as well as to each invoice.

                            EPA's National Pesticides Telecommunications Network, at (800)
                            858-PEST, answers questions and distributes guidance regarding the
                            registration of pesticides, labeling, the PEL Modeling Program, and
                            the Consumer Awareness Program. The Network operates weekdays
                            from 6:30 a.m. to 4:30p.m., PST, excluding Federal holidays.
Clean Air Act               The Clean Air Act (CAA) is the principal Federal statute governing air
                            pollution and is administered by EPA. EPA may grant States the authority
                            to administer certain provisions of the CAA following approval of State
                            Implementation Plans (SIPs).

                            Currently, the CAA does not impact wood preserving processes directly,
                            however several portions of the Act may affect facility operations. For
                            instance, boilers burning sawdust for fuel may be regulated for particulates
                            emitted to the atmosphere. Some States regulate kilns using natural gas

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                                                                                   June 19, 1996
                             for fuel, and require a permit for their use.  If you use a fuel oil or diesel
                             back-up, your State may require emissions data on sulfur dioxide.

                             Title I of the CAA established New Source Performance  Standards
                             (NSPSs),  which  are national  emission standards for new stationary
                             sources falling within particular industrial  categories.   The NSPS
                             regulations in 40 CFR 60.11 Ob - 60.117b might apply to an oil borne
                             wood processing facility if the facility uses a process tank that has a design
                             capacity of over 40 cubic meters and was built after July 23, 1984.

                             Pursuant to the CAA, EPA has established  National Emission Standards
                             for  Hazardous Air Pollutants  (NESHAPs).  NESHAPs are national
                             standards oriented toward controlling particular hazardous air pollutants
                             (HAPs).  Wood treating plants are not currently regulated under these
                             rules. Although arsenic, copper, chromium, and pentacholorphenol are
                             listed as HAPs, no standards have been established for them.

                             Under the CAA Title V, each industrial source of air emissions that is
                             defined as a Omajor sourceO must submit a permit application.  One
                             purpose of the permit is to include all air emissions requirements that apply
                             to a given facility in a single document. A Omajor sourceO is defined as
                             a stationary source that:

                                  Emits or has the potential to emit 100 tons per year of any pollutant
                                  listed under §302 of the CAA.

                                  Emits or has the potential to emit certain criteria pollutants (volatile
                                  organic  compounds, nitrogen oxides,  sulfur oxides,  carbon
                                  monoxide,  lead,  and  particulates)  in  non-attainment  areas
                                  designated under Title I.

                                  Emits or has the potential to emit 10 tons per year of any HAP
                                  (listed in CAA § 112(b)), or 25 tons per year of any combination of
                                  HAPs, or any source subject to NSPSs or NESHAPs.

                             Most wood treating facilities will be considered minor sources of air
                             pollution; however, documentation to establish this classification may be
                             requested by EPA or the  State. One method of calculating  emissions
                             potential is to review equipment specifications provided by the designer
                             or supplier. Other calculation methods include  evaluating the quantities of
                             chemicals purchased and processed per year.

                             In the 1990 Clean Air Act Amendments, Congress added subsection (r)
                             to CAA section 112 for the prevention of chemical accidents.  The goals

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                                                                               June 19, 1996
                           of the chemical accident prevention provisions are to focus on chemicals
                           that pose significant hazard to the community should an accident occur, to
                           prevent their accidental release, and to minimize the consequences of such
                           release. Regulations for the §112(r) Risk Management Program  are
                           currently being established by EPA. To date, EPA has established the list
                           of chemicals  and thresholds for on-site storage and use, but not the
                           requirements for risk management plans. These rules may be applicable
                           to wood preserving  facilities.  EPA's EPCRA Hotline will be able to
                           provide specific information about this reporting requirement when it is
                           published in the Federal Register.

                           EPA's Control Technology Center, at (919) 541-0800, provides
                           general assistance  and  information  on CAA  standards.  The
                           Stratospheric Ozone  Information  Hotline,  at   (800)  296-1996,
                           provides general information about regulations promulgated under
                           Title VI of the CAA, and EPA's EPCRA Hotline, at (800) 535-0202,
                           answers questions about accidental release prevention under CAA
                           §112(r).   In  addition,  the Technology  Transfer Network  Bulletin
                           Board System (modem  access (919)  541-5742) includes recent CAA
                           rules, EPA guidance documents, and updates of EPA activities.
Comprehensive
Environmental
Response,
Compensation, And
Liability Act
The  Comprehensive  Environmental  Response,  Compensation, and
Liability Act (CERCLA) of 1980, commonly known as Superfund,
authorizes EPA to respond to releases, or threatened releases,  of
hazardous substances that may endanger public health, welfare, or the
environment. CERCLA also enables EPA to force parties responsible for
environmental contamination to clean it up or to reimburse the Superfund
for response costs incurred by EPA.  The Superfund Amendments and
Reauthorization  Act (SARA)  of 1986  revised  various  sections  of
CERCLA, extended the taxing authority for the Superfund, and created
a free-standing law, SARA Title HI, also known as the Emergency
Planning and Community Right-to-Know Act (EPCRA). A discussion of
the EPCRA regulations follows the discussion of CERCLA.

The CERCLA hazardous substance release reporting regulations found in
40 CFR Part 302 direct persons in charge of facilities to report to the
National Response Center (NRC) any release of a hazardous substance
which within a 24-hour period equals or exceeds a designated reportable
quantity (RQ).  The NRC, located at U.S. Coast Guard Headquarters
((800)  424-8802), is a national communications  center  continuously
staffed to handle activities related to spills and releases.
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                                                                               June 19, 1996
                           Hazardous substances and RQs are defined and listed in 40 CFR §302.4.
                           Arsenic, chromium, cresote, and pentachlorophenol are a few of the
                           hazardous substances listed in 40  CFR §302.4  often found at wood
                           preserving facilities and for which reporting may be required. The RQs for
                           these substances are:

                           •     Arsenic - 1 Ib.
                                 Chromium - 5,000 Ibs.
                           •     Creosote - 1 Ib.
                           •     Pentachlorophenol-10 Ibs.

                           The Superfund  Hotline  can provide RQs for other specific hazardous
                           substances and  assist in determining which releases are reportable.  A
                           report of a release may  trigger a response by EPA, or by one or more
                           Federal or State emergency response authorities.

                           EP Aimplements hazardous substance responses according to procedures
                           outlined in  the National  Oil and Hazardous  Substances  Pollution
                           Contingency Plan (NCP) (40 CFR Part 300).   The NCP  includes
                           provisions for permanent cleanups, known as remedial actions,  and other
                           cleanups referred to as "removals." EPA generally takes remedial actions
                           only at sites on the National Priorities List (NPL), which currently includes
                           approximately 1300 sites. As of May 1996, approximately 45 sites were
                           on the NPL because of contamination stemming from wood preserving
                           operations.

                           EPA's RCRA/Superfund/USTHotline, at (800) 424-9346,  answers
                           questions and references guidance pertaining to  the Superfund
                           program.  The Hotline operates weekdays from 9:00 a.m. to 6:00
                           p.m., EST, excluding Federal holidays.
Emergency Planning
And Community
Right-To-Know Act
The Superfund Amendments and Reauthorization Act (SARA) of 1986
created the Emergency Planning and Community Right-to-Know Act
(EPCRA), also known as SARA Title in.  This law was designed to
improve community access  to  information about potential chemical
hazards and to facilitate the development of chemical emergency response
plans by State and local governments. EPCRA required the establishment
of State Emergency Response Commissions (SERCs), responsible for
coordinating certain emergency response activities and for appointing
Local Emergency Planning Committees (LEPCs).
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                                                                                 June 19, 1996
                            EPCRA regulations, at 40 CFR Parts 350-372, establish four types of
                            reporting obligations  for facilities which  store or manage specified
                            chemicals:

                            •    EPCRA §302 - Emergency Planning requires facilities to notify
                                 their SERC and LEPC of the presence of any extremely hazardous
                                 substance (EHS) in excess of the substance's threshold planning
                                 quantity (TPQ) (the list of EHSs and TPQs is in 40 CFR Part 355,
                                 Appendices A and B).  EPCRA §302 also directs facilities to
                                 appoint an emergency response  coordinator.  It is unlikely that this
                                 section of EPCRA is applicable to the wood preserving industry
                                 because the types of chemicals generally stored do not meet the
                                 regulatory definition of an extremely hazardous substance.

                            •    EPCRA  §304 - Emergency Release Notification requires
                                 facilities to notify the SERC and LEPC in the event of a release
                                 exceeding the reportable quantity of either a CERCLA hazardous
                                 substance or an EPCRA extremely hazardous substance which may
                                 affect persons beyond the facility's boundaries.

                                 EPCRA  §§311/312  -  Hazardous  Chemical  Inventory
                                 Reporting requires facilities at which a hazardous chemical, as
                                 defined by the Occupational Safety and Health Act, is present in an
                                 amount exceeding a specified threshold to submit material safety
                                 data sheets (MSDSs) and hazardous chemical inventory forms (also
                                 known as Tier I and n forms) to the SERC, LEPC, and local fire
                                 department by March 1 of every year. This information helps the
                                 local government respond to a spill  or release of the chemical.
                                 Many  of the chemicals used  by wood treaters are defined as
                                 hazardous chemicals.

                            •    EPCRA §313  - Toxic Chemical Release Inventory requires
                                 manufacturing facilities included in SIC codes 20 through 39, which
                                 have ten or more full-time  employees, and which manufacture,
                                 process,  or use specified  chemicals in amounts greater than
                                 threshold  quantities, to  submit  an annual toxic chemical release
                                 report by July 1 of every year. The SIC code for lumber and wood
                                 products is 24.   This report, commonly known as the Form R,
                                 covers releases and transfers of toxic chemicals to various facilities
                                 and environmental media, and allows EPA to compile the national
                                 Toxic  Release Inventory (TRI)  database.

                            All information  submitted pursuant to EPCRA regulations is publicly
                            available, unless protected by a trade secret claim.

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                                                                                 June 19, 1996
                            EPA's EPCRA Hotline, at (800) 535-0202, answers questions and
                            distributes guidance regarding EPCRA  regulations.  A guidance
                            document,   OTitle III Section 313 Release  Reporting Guidance,
                            Estimating Chemical Releases from Wood Preserving Operations, O
                            is  available from the  Hotline.   The EPCRA Hotline  operates
                            weekdays from 9:00 a.m. to 6:00 p.m., EST, excluding Federal
                            holidays.
Safe Drinking Water
Act
The  Safe Drinking Water Act (SOWA) mandates that EPA establish
regulations to protect human health from contaminants present in drinking
water.   The law authorizes EPA to develop national drinking water
standards and to create ajointFederal-State system to ensure compliance
with these  standards.   The  SDWA also  directs  EPA  to  protect
underground sources of drinking water through the control of underground
injection of liquid wastes.

The SDWA may be of concern to the wood preservers if dry wells are
used. If water contaminated with wood preservative is allowed to drain
into a dry well, it could lead to contamination of underground sources of
drinking water.  Under the SDWA, a permit program for the safe disposal
of wastes through controlled underground injection has been established.
The Underground Injection Control (UIC) program (40 CFR Parts 144-
148) regulates five classes of injection wells and may be applicable to
wood treaters.  UIC permits include design, operation, inspection, and
monitoring requirements. Wells used to inject hazardous wastes must also
comply with RCRA corrective action standards to be granted a RCRA
permit,  and must  meet applicable RCRA  land  disposal restriction
standards.

EPA's Safe  Drinking Water Hotline, at (800)  426-4791, answers
questions and distributes guidance pertaining to SDWA standards.
The  Hotline operates from 9:00 a.m.  through 5:30 p.m., EST,
excluding Federal holidays.
DOT's Hazardous
Materials
Transportation Act
(HMTA)
The Department of Transportation (DOT) regulates all aspects of the
shipping and receiving of hazardous materials when those activities are
performed in commerce.  OIn commerceO includes the shipping of
hazardous materials typically found at wood treatment sites,  such as
chromium, pentachlorophenol, arsenic, and creosote, to  an industrial
facility for use in industrial processes.
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                                                                                 June 19, 1996
                            Hazardous materials are those materials that DOT has determined may
                            harm human health and the environment during shipping.  Hazardous
                            materials include specific hazardous chemicals, such as arsenic acid, but
                            also include  general  hazardous categories,  or  classes.   The DOT
                            Hazardous Materials Table (49 CFR Part 172.101) includes a list of all
                            hazardous materials, as well as requirements for proper shipment of listed
                            items.  The Hazardous Materials Table also  provides information on
                            proper containers and labels, as well as vehicle requirements.

                            DOT requires that proper shipping papers accompany all shipments of
                            hazardous waste or hazardous materials. Shipping papers indicate what
                            is being shipped, the quantity being shipped, and the particular hazards of
                            the material. When shipping wood preserving chemicals, an Annotated
                            Bill of Lading may be used that includes all required DOT shipping
                            information.  For shipping hazardous waste, a RCRA hazardous waste
                            manifest must be used.

                            DOT's Hazardous Materials Information Line, at (800) 467-4922,
                            provides general assistance and information on HMTA regulations.
                            The Information Line operates weekdays from 8:00 a.m. to 5:30p.m.,
                            EST, excluding Federal holidays.
Pollution Prevention
Act
Congress enacted the Pollution Prevention Act in 1990 to promote
pollution prevention in existing regulatory programs, including EPCRA,
RCRA, CWA, and CAA.  The first step in pollution prevention is the
development and implementation of a pollution prevention plan.  Wood
preserving facilities  are impacted by  pollution prevention  regulations
related to the generation of hazardous and non-hazardous waste in the
treating process,  and through other activities  and  stormwater  control
measures.
                            For assistance in developing a facility pollution prevention plan,
                            contact the regulatory Hotlines for the EPCRA, RCRA, CWA, and
                            CAA programs.
Toxic Substances           The Toxic Substances Control Act (TSCA) grants EPA the authority to
Control Act                 create a regulatory framework to collect data on chemicals in order to
                            evaluate, assess, mitigate, and control risks which may be posed by their
                            manufacture, processing, and use.  Wood treating plants may be affected
                            by a TSCA reporting requirement promulgated pursuant to section 8(c)
                            of TSCA and found at 40 CFR  §717.   These regulations  enable
                            employees, consumers, the general public, or environmental advocacy

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                                                                                June 19, 1996
                            groups to allege that the chemicals used by a plant caused an adverse
                            effect to their health or the environment that had not been previously
                            identified.  If such an allegation is made, it should be documented on
                            company letterhead and placed in the company's TSCA 8(c) file for future
                            reference.

                            EPA's TSCA Assistance Information  Service, at (202)  554-1404,
                            answers questions and distributes guidance pertaining to TSCA
                            standards.  The Service operates from 8:30 a.m. through 4:30 p.m.,
                            EST, excluding Federal holidays.
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                                                                                     June 19, 1996
 Additional information is available on the subjects discussed above.  The following is a list of Code of
 Federal Regulation citations applicable to the wood preserving industry.

     For regulatory information on Clean Water Act, consult the following sections of the Code of Federal
     Regulations:
         National Pollutant Discharge Elimination System - 40 CFR Parts 122 and 125
         Effluent Guidelines and Standards for the Timber Products Processing Point Source Category -
         40 CFR Part 429

     For regulatory information on FIFRA, consult the following sections of the Code of Federal
     Regulations:
         Worker Protection Standards - 40 CFR Part 170
         Certification of Pesticide Applicators - 40 CFR Part 171
         For information about the PEL monitoring  program, see Federal Register Vol.49, no.136, July 13,
         1984, p28666-28689.

     For regulatory information on the Clean Air Act, consult the following sections of the Code of Federal
     Regulations:
         New Source Performance Standards -  40 CFR §60.110b - 60.117b
         National Emission Standards for Hazardous Air Pollutants - 40 CFR Part 61
         Risk Management Programs - 40 CFR Part 68
         National Emission Standards for Hazardous Air Pollutants for Source Categories - 40 CFR Part
         63

     For regulatory information on the Superfund program, consult the following sections of the Code of
     Federal Regulations:
         National Contingency Plan - 40 CFR Part  300
         Hazardous Substance Release Reporting  - 40 CFR Part 302

     For regulatory information on EPCRA, consult the following sections of the Code of Federal
     Regulations:
         Emergency Planning - 40 CFR Part 355
         Release Reporting - 40 CFR §355.40
         Hazardous Chemical Inventory Reporting - 40 CFR Part 370
         Toxic Chemical Release Reporting - 40 CFR Part 372

     For regulatory information on the Safe Drinking Water Act, consult the following sections of the Code
     of Federal Regulations:
         Underground Control Program  - 40 CFR Parts 144-148

     For regulatory information on DOT's Hazardous Materials Transportation Act, consult the following
     sections of the Code of Federal Regulations:
         Hazardous Materials Table - 49 CFR §172.101

     For regulatory information on TSCA, consult the following sections of the Code of Federal
     Regulations:
         Records and Reports of Chemical Health Effects - 40 CFR Part 717
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