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.
Industry Overview Section 2-4
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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.
Industry Overview Section 2-5
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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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Exhibit 4
Wood Preserving Facility Process Schematic
(water-borne preservative)
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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,
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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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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."
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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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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:
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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.
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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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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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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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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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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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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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• 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:
RCRA Overview
Section 3-13
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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
RCRA Overview Section 3-14
-------
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
Section 3-15
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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.
Sections -16
-------
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
RCRA Overview
Sections -17
-------
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
-------
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.
RCRA Overview
Section 3-20
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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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
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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:
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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
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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
Drip Pads Section 8 - 4
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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
Drip Pads Section 8 - 5
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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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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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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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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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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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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
Drip Pads Section 8-12
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