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Hazardous Waste News

Volume 8, Issue 8

February 27, 2007

Question of the Week

What Is Required to Treat Hazardous Waste in Wastewater Treatment Units?

Q. We generate a paint stripper waste with a pH greater than 12.5. The waste has been tested and carries no other hazardous waste codes except the D002 for corrosivity. Currently, it is sent off site for treatment as a hazardous waste. However, we would like to start treating this waste through our wastewater treatment operation and discharge it through our NPDES (National Pollutant Discharge Elimination System) permit. If we decide to do this, would we need to label the containers once the waste is dumped into them? It seems like since this would be handled through the NPDES permit and Clean Water Act, then it is no longer a solid waste and no longer a hazardous waste, so an HMR sticker or other identifier would be appropriate.

A. Although the hazardous waste regulations will allow you to treat hazardous waste in a wastewater treatment unit (as defined at 40 CFR 260.10) without a hazardous waste permit [40 CFR 270.1(c)(2)(v)] and without the wastewater treatment unit complying with TSDF rules [40 CFR 265.1(c)(10)], this does not change the fact that the material to be treated was in fact a hazardous waste when it was generated, and it remains a hazardous waste (in this case, until it is treated to remove the D002 waste code). Although RCRA does exclude industrial wastewater discharges that are point source discharges subject to regulation under Section 402 of the Clean Water Act from the definition of solid waste [40 CFR 261.4(a)(2)], this exclusion applies only to the actual point source discharge. It does not exclude industrial wastewaters while they are being collected, stored, or treated before discharge from the definition of solid waste.

Since prior to treatment the material is a hazardous waste, it must be managed during this time under all applicable hazardous waste regulations (including satellite accumulation or 90/180 day rules). If you are following the satellite rules [40 CFR 262.34(c)] to accumulate the waste prior to treatment, then you would be required to label the containers with either the words "Hazardous Waste" or other words that describe the contents. If you were using the 90 or 180 day rules [40 CFR 262.34(a) or 262.34(d)], then you would be required to label the containers with the words "Hazardous Waste" a s well as the start date that you began accumulating the waste under that option. In addition, your state may require that additional information be marked on the containers of hazardous waste under any or all of these storage options.

There is one final caveat to consider: because a hazardous waste existed at your facility, some sort of LDR compliance paperwork must exist. RCRA does not exclude the sludge generated from wastewater treatment. Although in the case of your waste this no longer bears the corrosivity hazard, it may still be required to meet applicable land disposal restrictions. If you ship the sludge off site without meeting LDRs, you will need an LDR notification. If you are treating the waste such that the sludge meets land disposal restriction (LDR) treatment standards, then you are required to create a waste analysis plan per 40 CFR 268.7(a)(5). If you are discharging the entire waste under your NPDES permit, then you still would be required at a minimum to create a "one time notice to file" per 40 CFR 268.7(a)(7).

Some states may have more stringent requirements. Links to your state rules are provided in the Lion Reference Library.

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RCRA News

01/31/07—EPA Settles with Crane Composites on Hazardous Waste Violations
U.S. Environmental Protection Agency Region 5 has reached an agreement with Crane Composites Inc., 23525 W. Eames St., Channahon, Ill., on alleged violations of federal hazardous waste regulations. The company will pay a $50,000 penalty. Read more...

01/24/07—Veterans Administration to Develop Comprehensive Waste Tracking System for Medical Centers in New England - Action Stems from EPA Enforcement in 2005
In a settlement with EPA, the U.S. Veterans Administration Healthcare System has committed to implement a comprehensive hazardous waste and chemicals management inventory system at all Veterans Administration ("VA") facilities in New England. The VA is developing the system to settle a 2005 EPA enforcement action for hazardous waste violations at the VA’s medical center in White River Junction, Vermont. Read more...

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Recent RCRA Rules

For Lion Members and Recent Course Attendees

02/01/2007—Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Final Exclusion
The Environmental Protection Agency in this preamble is granting a petition submitted by G eneral Electric (GE), King of Prussia, Pennsylvania, to exclude (or delist), on a one-time basis, certain solid wastes that have been deposited and/or accumulated. Read more...

View more RCRA actions

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