Recycling and Disposal of Aerosol Cans

Background:

Use of Aerosol cans is frequent in most plant operations. Especially maintenance functions generate partially or wholly used cans of aerosol materials. Disposal of these cans and contents are restricted by RCRA. Disposal in the trash would be inappropriate unless the can is empty. In the case of cans previously, containing P-Listed materials the cans must be triple rinsed before disposal.

Issue:

The various state agencies have differing views on handling Aerosol Cans. The recycle exemption (40 CFR 261.6(3) (ii) would be effective for the cans themselves once they are empty, when the cans are sent to an authorized metals recycler. To have an” empty can” the States rules vary. The State of Kansas in Technical Guidance Document HW 02-02, says:

“Except for small quantity generators, only “RCRA empty" aerosol cans, as defined in 40 CFR 261.7, may be disposed in the trash. Most aerosol cans are considered “RCRA empty when all products has been expelled from the can and only residue remains and the pressure in the can is at or very near atmospheric pressure at normal room temperature.

Other states require puncturing and draining of all aerosol cans prior to recycling. They may be considered as reactive even when empty. Handling guidance must be obtained from the individual state of residence.

The collected contents may be listed under 261.7(a)(2). The collected solvents may be U-list waste for unused commercial chemical product. These should be collected and handled as hazardous waste with appropriate labeling, storage and disposal.

Regulatory Citation:

The Technical Guidance Memo above along with the regulatory language found in 261.6,

and 261.7 is referenced. In addition, we confirmed our thinking with conversations with the RCRA hot line.

Interpretation:

Disposal of empty aerosol cans must be examined under the requirements of the State of residence. Many States allow placing “RCRA Empty” cans in the trash. Others require stricter handling and authorized recycle.

Inspection of Satellite Accumulation areas

Background:

Large Quantity Generators (LQG) of hazardous waste must inspect the <90 style=""> Part 265.174 requires owners and operators to inspect containers for leaks and deterioration caused by corrosion or other factors. Satellite Accumulation Areas do not require these weekly inspections. Satellite accumulation areas are unique in that the must be directly under the control of the operator and therefore are under nearly constant observation. Each State should be consulted for the requirements in that jurisdiction.

explanation:

In an interpretive memo dated 12/01/1999 (RCRA Online #14418), the EPA states:

“Hazardous waste containers used to accumulate hazardous waste at or near any point of generation (“Satellite Accumulation”) and in compliance with 262.34© are not required to be inspected weekly. A generator accumulating hazardous waste in satellite accumulation areas must comply with 265.171, 265172 and 265.173(a) (262.34(c) (1) (i)). These requirements include that a LQG ensure that the containers are in good condition, that the waste is compatible with the containers, and that the containers are kept closed except when necessary to add or remove waste. In addition, if the container begins to leak the generator must transfer the waste to a container that is in good condition. Section 265.174, regarding weekly inspection, is not a requirement for containers of hazardous waste in a satellite accumulation area. Therefore LQGs are not required to conduct weekly inspections of containers in satellite accumulation areas so long as they comply with the provisions of 262.34 (c). Authorized States may require weekly inspections of containers in satellite accumulation areas, as states may have more stringent requirements than the federal regulations.”

The language above makes it clear that inspection is not required by federal regulation. State requirements or individual generators may have more stringent requirements for operation of the satellite accumulation areas. If this is the case the requirements of 265.174 should be followed.

Regulatory Citation:

The Technical Guidance Memo above along with the regulatory language found in 262.174,

and 265.171, 265.172, and 265.173(a) is referenced. In addition, we confirmed our thinking with

the Kansas Department of Health and Environment.

Interpretation:

Inspection of the containers in satellite accumulation areas on a weekly basis is not required in the federal regulations. However, the State regulations should be consulted to assure compliance.

Satellite Accumulation Quantity, Number of Containers & Diversified Waste

Background:

Satellite Accumulation Areas (SAA) are used in most industrial facilities. These accumulation areas must be at or near the point of generation, and under the control of the operator. The number of containers is not limited as long as the total volume of waste does not exceed the 55-gallon limit. This is total waste not any one waste. Waste containers must be compatible with the waste, kept in good condition, and labeled with the words “Hazardous Waste” or words that identify the contents of the container. Also the containers must be kept closed except when adding or taking away materials. These rules apply to areas where multiple containers are in the area.

Discussion

While state agencies can have more stringent requirements in the federal regulations. The requirements for SAA are fewer than for <90 style=""> In RCRA Online Memo 14703, “Frequently asked Questions about Satellite Accumulation Areas”. In this document the EPA has stated:

“In contrast, additional requirements for SAAs are limited to:

1. Generators must label satellite containers of hazardous waste with the

words “Hazardous Waste” or “with other words that identify the contents

of the containers.” (262.34(c)(1)(ii))

2. When a generator accumulates more than 55 gallons of hazardous waste

(or 1 quart of acute hazardous waste), the generator must (262.34(c)(2)):

• mark the container with the date on which 55 gallons (or 1 quart of

acute hazardous waste) is exceeded, and

• remove the excess of 55 gallons (or 1 quart of acute hazardous

waste) within three days or comply with the 90-day area or 180-day

area regulations, as appropriate.

Question: SQGs must conduct training in accordance with 262.34(d)(5)(iii) and

LQGs must conduct training in accordance with 265.16. Do the RCRA

regulations require training of personnel working in SAAs?

Answer: No. The RCRA regulations do not require training of personnel

working in SAAs.7 Personnel that have access to or work in central accumulation

areas, including those that move hazardous waste from a SAA to a central

accumulation area, must be trained. As the ones actually generating hazardous

waste, however, personnel working in SAAs need to be familiar enough with the

chemicals with which they are working to know when they have generated a

hazardous waste so that it will be managed in accordance with the RCRA

regulations.

Regulatory Citation:

The Technical Guidance Memo (RCRA Online #12973), and regulatory language found in 264.194, and 265.193 is referenced.

Interpretation:

Secondary containment for piping systems carrying hazardous waste need daily inspections but need not have secondary containment except where threaded joints or packed flanges are involved. The use of Teflon synthetic, tape sealed “bags,” provides leak detection and will contain small leaks and spills. However, these bags may not be sufficient with some States.

Zinc Fertilizer Rule Application to use of Spent Drying Acid

Background:

Sulfuric acid is used in the production of micronutrient Zinc fertilizers. The concentration of the acid is not as important as the constituents in the acid. The constituents must comply with LDR standards to be used since this material ultimately is intended for application to the land.

Sulfuric Acid is used in concentrated form to dry gas products before distribution. Among these is the drying of Chlorine Gas. Sulfuric acid is strongly hygroscopic and adsorbs water vapor from the Chlorine gas. This acid will have a small amount of chlorine (By analysis <10ppm) style=""> If chlorinated solvents are produced at the same plant sometimes, the solvents are also dried using Sulfuric. In this case, small amounts of the solvents may be present in the spent acid. These solvents have very small limits in Toxic Characteristic List in 264.24 and in the LDR Treatment Standards in 264.40.

Issue:

In the July 24, 2002 Zinc Fertilizer Rule EPA set conditions which if met would allow secondary materials to be used to make this micronutrient fertilizers. The manufacture of zinc micronutrient fertilizer usually uses zinc containing materials reacted with sulfuric acid. The acid if it meets the constituent requirements for metals and dioxins can be used to manufacture the zinc fertilizers. Hazardous secondary materials such as spent sulfuric, used to make zinc fertilizers are excluded from solid waste, provided the following conditions specified in 261.4(a)(20) are satisfied:

1. The materials are not accumulated speculatively.

2. The acid must be handled as a valuable product with storage free from leakage and constructed with spill prevention provisions as specified in (a)(20)(ii)(B).

3. Submit a one-time notice to the Regional Administrator or State Director in whose jurisdiction the exclusion is being claimed (see (a)(20)(ii)(B).

4. With each shipment of excluded hazardous secondary material, provide written notice to the receiving facility that the material is subject to the conditions of this paragraph (a)(20).

5. Maintain for at least three years, all records of shipment and analysis of the fertilizer materials.

The manufacturer of the excluded zinc fertilizer made from excluded materials must also:

1. Store excluded materials in accordance with the storage requirements for generators and intermediate handlers, as specified in (a)(20)(ii)(B).

2. Submit a one-time notification to the Regional Administrator or State Director that at a minimum specifies the name, address, and EPA ID number of the manufacturing facility and identifies when the manufacturer intends to begin managing the hazardous secondary materials under the conditions in (a)(20).

3. Maintain at a minimum three years records of all shipments of excluded hazardous materials received by the manufacturer. This notice must contain at a minimum for each shipment the name and address of the generating facility, the name of the transporter and the date the materials were received, the quantity received and a brief description of the industrial process that generated the material.

4. Submit to the Regional Administrator or State Director an annual report that identifies total quantities of all excluded hazardous secondary materials that were used to manufacture zinc fertilizers or zinc fertilizer ingredients in the previous year. Also, include the name and address of each generating facility, and the industrial processes from which they were generated.

The use of the drying acid for solvents would be problematic in that the solvents could violate the standards noted in the background above. Part(a)(21) requires that the manufacturer of the fertilizer also take frequent analysis of the product fertilizer to assure that it meet metal and dioxin limits listed in that part of the regulations. The exemption does not exempt or override or otherwise exempts the manufacturer of the secondary material form the requirements of 262.11, which requires any person who generates a solid waste to determine if that waste is a hazardous waste. The solvent drying acid may contain D code listings as well as characteristic corrosivity listing. These D codes will further require meeting LDR requirements and may remove the exemption. Consultation with the State and regional offices would be needed.

Regulatory Citation:

Federal Register Wednesday, July 24, 2002, pages 48395 to 48415. In addition, we confirmed our thinking with conversations with the EPA region V offices, the State of Kansas and the State of Nebraska.

Interpretation:

Spent sulfuric acid, which can meet the limitations set out in the Zinc Fertilizer Rule, can be used to manufacture the zinc fertilizer micronutrient as long as the requirements of 261.4(a)(20) are satisfied.

Recovery and Disposal of Contaminated Ground Water

Background:

The aquifer under the plant has contaminates which may have come from operation of a plant landfill, plant operations or from neighboring plants who used the contaminate products in their operations. Removal of the ground water to treat and release it to a surface stream has a NPDES Permit.

The analysis of the ground water cannot distinguish the source. Monitor wells around the landfill have not detected any leakage in the last fifteen years. The landfill was renovated fifteen years ago and a liner was installed at that time. Monitoring data before the liner is not available.

Both of the neighboring plants have used the solvent in the past during maintenance and have no record of offsite disposal for the used solvent. The recovery wells are located to capture the plume. Two wells are cross gradient and approximately a mile ease of the plant. One well has low-level contamination in it, and is located on the plant east boundary which is cross gradient from the landfill. In addition, records were inconclusive as to the dates of operation and what was put into the landfill.

The ground water contaminates are chlorinated solvents at low levels. These are materials produced at the plant but as noted above the detections beyond the plant boundary are cross gradient and in the case of two of the wells are at some distance from plant potential sources.

Issue:

In the Memorandum “Management of RCRA Remediation Waste Under RCRA,” the agency articulated:

“Where a facility owner/operator makes a good faith effort to determine if a material is a listed hazardous waste but cannot make such a determination because documentation regarding a source of contamination, contaminant, or waste is unavailable or inconclusive, EPA has stated that one may assume the source, contaminant, or waste is not a listed hazardous waste and, therefore, provided the material in question does not exhibit a characteristic of hazardous waste, RCRA requirements do not apply.”

In the proposal preamble to the HWIR-Media, 61 FR 18805, April 29, 1996, the concept was expanded to cover dates of waste disposal:

“i.e., if after a good faith effort to determine dates of disposal a facility owner/operator is unable to make such a determination because documentation of dates of disposal is unavailable or inconclusive, one may assume disposal occurred prior to the effective date of applicable land disposal restrictions.”

The two interceptor wells a mile east of the plant are likely cross gradient and not likely to have plant originating contaminates will have an NPDES permit to release the recovered ground water to the near by natural drainage. The closer well is to be recovered and brought to the plant for use in the cooling water system. None of the three wells has current concentrations of solvents above the toxic characteristic list found in 261.24.

Regulatory Citation:

The memorandum “Management of Remediation waste Under RCRA and discussions with the RCRA Hot line and corporate attorneys.

Interpretation:

Disposal of recovered ground water can be done by use of the NPDES permit as long s constituents meet permit requirements without RCRA implications. The well closer to the plant may be brought to the plant for use as long as the constituents of concern maintain levels below the TCLP limits.

RCRA Definition of Free product from ground water

Background:

In Times past, the plant has lost product materials from various practices, which has accumulated above aquatards underneath the plant. These products because of low solubility and high specific gravity have remained perched in these subterranean locations. The company now wishes to remove the free product from the perched zones and return them to product or use as raw materials. In order to do this the product needs to be dried to meet raw material and product standards.

Issue:

When we dry the recovered product, will it be treatment? In an interpretive memo, RCRA online # 11713 the EPA says:

“In the toxicity Characteristic final rule that defines waste as hazardous under RCRA Subtitle C Regulations, “Referring to cleanups of contaminated soil and ground water… It reads”:

“Moreover, the UST cleanup activities involving the most contaminated media and debris are also likely to involve free product recovery. Free product recovery would not be subject to subtitle C requirements because the material being recovered is not a waste.”

This statement was intended to describe the status of “free product” or products, that have been stored, spilled and were subsequently recovered, for use or reuse in their normal manner.”

The same letter, in question and answer section, adds regarding recovered gasoline but implied to any free product:

“Gasoline that is recovered and used as a fuel either by sending to a refinery for refining, or combining with other gasoline directly for resale, with no processing, (or with some processing, for that matter) is not a waste and thus is excluded from RCRA Subtitle C regulation.”

In a letter to the State of West Virginia, in 1998, Online # 14650 the EPA addressed the issues of cleanup of gasoline spills, says:

“Note: If free product is recovered from a spill of gasoline, this material is potentially not a solid waste under RCRA if the material can be used as a commercial chemical product for its original intended purpose or if the material is sent for reclamation.”

Regulatory Citation:

The interpretive memo’s above along with the regulatory language found in 261.2,

Table 1 and 261.2(a): 261.2(b); 261.2(c)(2); 261.2(f); and 261 (c)(3). In addition, we confirmed our thinking with conversations with the RCRA hot line.

Interpretation:

The free product recovered from the ground water beneath the plant will be exempt from the hazardous waste regulations as long as we are using it directly as a process feedstock after e

Dewatering through a mole sieve prior to use.