PUBLICATION 611 WASTE MANAGEMENT GUIDANCE MANUAL. November 2011

Transcription

1 PUBLICATION 611 WASTE MANAGEMENT GUIDANCE MANUAL November 2011 PUB 611 (11-11)

2 PREFACE Publication 611 Waste Management Guidance Manual (Pub. 611/2008) was developed with the intent to provide the Pennsylvania Department of Transportation (PennDOT) personnel with a reference tool for the management of hazardous and nonhazardous wastes generated through routine Department operations. Pub. 611 briefly summarizes the applicable U.S. Environmental Protection Agency (EPA) and Pennsylvania Department of Environmental Protection (PADEP) regulations, but there is no intent on the part of PennDOT to give the procedures in this guidance weight or deference. This guidance is for informational purposes only; it is not regulatory. Although the provided information is as current and reliable as possible, all wastes must be characterized, managed and disposed as required per Title 25 Chapters of PADEP Codes and Regulations. If any questions arise after reading this guide, please contact the Strategic Environmental Management Program Unit of the Bureau of Maintenance or appropriate regulatory agency.

3 PennDOT WASTE STREAM MANAGEMENT POSITION PennDOT is committed to protecting the environment and lowering its waste disposal costs and liability. In keeping with this commitment we strive to use cost effective and practical methods to reduce adverse toxic impacts from the transportation infrastructure on the air, soil and water. PennDOT s environmental guidelines include the following objectives: Seeks to demonstrate its commitment by adhering to all environmental regulations. Commitment to source reduction, reuse, recycling of waste generation through research, design, and field operations. Lowering expensive disposal costs and liability associated with the use of regulated materials/waste. Promotes cooperation and coordination between government and the public toward the shared goal of preventing pollution and conserving our environment. Reduce, Reuse, Recycle

4 LIST OF ACRONYMS ACBM: Asbestos Containing Building Materials APC: Asbestos Program Coordinator API: American Petroleum Institute AST: Aboveground Storage Tank ASTM: American Society for Testing and Materials CAS: Chemical Abstracts Service CERCLA: Comprehensive Environmental Response, Compensation, and Liability Act of 1980 CESQG: Conditionally Exempt Small Quantity Generator CFC: Chloroflourocarbon CFR: Code of Federal Regulations CWA: Clean Water Act DOT: Department of Transportation DWMC: District Waste Management Coordinator EC: Emergency Coordinator EPA: U.S. Environmental Protection Agency ESA: Environmental Site Assessment FIFRA: Federal Insecticide, Fungicide, and Rodenticide Act FR: Federal Register HAZWOPER: Hazardous Waste Operations and Emergency Response (training) HSWA: Hazardous and Solid Waste Amendments of 1984 ID: Identification

5 Kg: kilogram LDR: Land Disposal Restrictions (40 CFR Part 268) LQG: Large Quantity Generator (of hazardous Waste) LQHUW: Large Quantity Handler of Universal Waste MSDS: Material Safety Data Sheet NESHAP: National Emissions Standards for Hazardous Air Pollutants OSHA: Occupational Safety and Health Administration PPE: Personal Protective Clothing and Equipment PADEP: Pennsylvania Department of Environmental Protection PCBs: Polychlorinated Biphenyls PennDOT: Pennsylvania Department of Transportation POTW: Publicly Owned Treatment Works RACM: Regulated Asbestos-Containing Material RCRA: Resource Conservation and Recovery Act Semi-VOCs: Semi-Volatile Organic Compounds SPCC: Spill Prevention, Control and Countermeasures (Plan) SQG: Small Quantity Generator (of hazardous waste) SQHUW: Small Quantity Handler of Universal Waste TCLP: Toxic Characteristic Leaching Method TSDF: Transportation Storage and Disposal Facility USEPA: United States Environmental Protection Agency UST: Underground Storage Tank VOCs: Volatile Organic Compounds

6 TABLE OF CONTENTS 1.0 INTRODUCTION PADEP CONTACTS MAKING A WASTE DETERMINATION REGULATORY ACT AND FRAMEWORK WASTE DETERMINATION PROCESS HAZARDOUS WASTE DETERMINATION NON-HAZARDOUS WASTE DETERMINATIONS HAZARDOUS WASTE MANAGEMENT BACKGROUND AND APPLICABILITY HAZARDOUS WASTE GENERATOR CATEGORIES LARGE QUANTITY GENERATOR (LQG) SMALL QUANTITY GENERATOR (SQG) CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR (CESQG) HAZARDOUS WASTE GENERATOR CATEGORY DETERMINATION MANAGEMENT OF HAZARDOUS WASTE HAZARDOUS WASTE STORAGE REQUIREMENTS LABELING REQUIREMENTS MANIFESTING RECORDKEEPING AND REPORTING EXPORT AND IMPORT REQUIREMENTS UNIVERSAL WASTE BACKGROUND AND APPLICABILITY UNIVERSAL WASTE GENERATOR CATEGORIES UNIVERSAL WASTE MANAGEMENT BATTERIES LAMPS MERCURY-CONTAINING DEVICES & MERCURY THERMOSTATS PESTICIDES RESIDUAL WASTE BACKGROUND AND APPLICABILITY MANAGEMENT OF RESIDUAL WASTE RESIDUAL WASTE REQUIREMENTS RESIDUAL WASTE GENERATOR CATEGORIES TYPICAL PENNDOT RESIDUAL WASTES... 7

7 6.3.1 WASTE OIL OIL FILTERS GAS FILTERS HEATING OIL SLUDGE OIL/WASTE SEPARATOR SLUDGE USED ASPHALT OR TAR USED ABSORBENT USED RAGS WASTE TIRES USED ANTIFREEZE CONSTRUCTION AND DEMOLITION WASTE ASBESTOS-CONTAINING WASTE CONTAMINATED SOIL ASBESTOS NESHAP BACKGROUND AND APPLICABILITY ASBESTOS MANAGEMENT ASBESTOS INSPECTIONS ASBESTOS NOTIFICATIONS ASBESTOS PERMITS ASBESTOS ABATEMENT & CONTRACTOR LICENSE REQUIREMENTS ASBESTOS WASTE DISPOSAL RECORDKEEPING SPILL MANAGEMENT BACKGROUND SPILL RESPONSE AND REPORTING REQUIREMENTS (GENERAL) SPILLS AT PENNDOT MAINTENANCE FACILITIES HIGHWAY SPILLS RESULTING FROM NON-PENNDOT WASTE IN TRANSIT HAZARDOUS WASTE INFECTIOUS OR CHEMOTHERAPEUTIC WASTE (ICW) MUNICIPAL OR RESIDUAL WASTE BENEFICIAL USE OF RECLAIMED ASPHALT PAVEMENT (RAP) BACKGROUND RAP INDUSTRY-WIDE CO-PRODUCT DETERMINATION DEFINITION OF RAP RAP REGULATORY REQUIREMENTS RAP CONDITIONS OF USE... 2

8 APPENDIX A WASTE STREAM FACT SHEETS #1 Absorbent (Used) #2 Antifreeze (Used) #3 Asbestos-Containing Waste #4 Asphalt Cleaning Waste #5 Batteries (Used) #6 Empty Paint Drums #7 Excess or Outdated Chemicals #8 Lamps (used) #9 Mercury-Containing Equipment #10 Oil Filters (Used) #11 Oil Water Separators/ Sediment Traps #12 Paint Chips #13 Paint Residuals and Paint Solvents #14 Parts Cleaners and Degreasers #15 Pesticide/Herbicide Discarded Products #16 Shop Rags #17 Tires (Used) #18 Used Oil (Waste Oil)

9 Section 1.0 INTRODUCTION 1.0 INTRODUCTION The Pennsylvania Department of Transportation is committed to managing our waste streams in a safe and effective manner, and in accordance with all applicable environmental regulations. This Guidance Manual was developed as a resource document to provide an overview of the regulatory framework and basic procedures for management of hazardous and non-hazardous waste streams typically generated by PennDOT. Section 3.0 guides the user in making a correct determination for waste characterization. Sections 4.0 through 9.0 provide more detailed guidance on a specific waste regulatory area. In Appendix A we have provided waste-specific fact sheets on common wastes generated by the Department to be used as quick reference tools on recommended waste management and waste minimization practices. Where applicable, other PennDOT publications are referenced throughout this publication for more detailed protocols and guidelines. This Publication is not intended to be a substitute to training programs provided by the Department. Section 2.0 CONTACTS This Section provides PADEP and US EPA program contacts. Section 3.0 MAKING A WASTE DETERMINATION This Section provides a roadmap and step guide in making a regulatory determination on what regulations govern the management of different waste categories. It also provides a general overview of the US EPA and PADEP regulatory framework, considered useful, if the user is not familiar with waste management regulations. Section 4.0 HAZARDOUS WASTE This Section provides guidelines for managing hazardous wastes. Section 5.0 UNIVERSAL WASTE This Section provides guidelines for a subset of hazardous waste, classified as universal waste. Section 6.0 RESIDUAL WASTE This Section provides guidelines for managing nonhazardous waste streams. Section 7.0 ASBESTOS NESHAP This Section provides guidelines for managing asbestos-containing wastes (includes bridge blasting operations). Pub Rev (2) 11/2011

10 Section 1.0 INTRODUCTION Section 8.0 SPILL MANAGEMENT This Section provides guidelines for managing spill waste from PennDOT and roadside accidents. Section 9.0 BENEFICIAL USE OF RECLAIMED ASPHALT PAVEMENT This Section provides guidelines for managing RAP under PADEP Industry-wide Co-product Determination. Pub Rev (2) 11/2011

11 Section 2.0 CONTACTS 2.0 PADEP CONTACTS Region I - Southeast Regional Office (Bucks, Chester, Delaware, Montgomery, and Philadelphia Counties) 2 East Main Street, Norristown, PA Main Telephone Number: Main Fax Number: Emergency Response Coordinator (484) Water Management Program (484) Air Quality Program (484) Waste Management Program (484) Environmental Cleanup (484) Region II - Northeast Regional Office (Carbon, Lackawanna, Lehigh, Luzerne, Monroe, Northampton, Pike, Schuylkill, Susquehanna, Wayne, and Wyoming Counties) 2 Public Square, Wilkes-Barre, PA Main Telephone Number: Main Fax Number: Emergency Response Coordinator (570) Water Management Program (570) Air Quality Program (570) Waste Management Program (570) Environmental Cleanup (570) Region III - Southcentral Regional Office (Adams, Bedford, Berks, Blair, Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata, Lancaster, Lebanon, Mifflin, Perry, and York Counties) 909 Elmerton Avenue, Harrisburg, PA Main Telephone Number: Main Fax Number: Emergency Response Coordinator (717) Water Management Program (717) Air Quality Program (717) Waste Management Program (717) Environmental Cleanup (717) Pub Rev (2) 11/2011

12 Section 2.0 CONTACTS Region IV - Northcentral Regional Office (Bradford, Cameron, Centre, Clearfield, Clinton, Columbia, Lycoming, Montour, Northumberland, Potter, Snyder, Sullivan, Tioga, and Union Counties) 208 West 3rd Street, Suite 101, Williamsport, PA Main Telephone Number: Main Fax Number: Emergency Response Coordinator (570) Water Management Program (570) Air Quality Program (570) Waste Management Program (570) Environmental Cleanup (570) Region V - Southwest Regional Office (Allegheny, Armstrong, Beaver, Cambria, Fayette, Greene, Indiana, Somerset, Washington, and Westmoreland Counties) 400 Waterfront Drive, Pittsburgh, PA Main Telephone Number: (412) Main Fax Number: (412) Emergency Response Coordinator (412) Water Management Program (412) Air Quality Program (412) Waste Management Program (412) Environmental Cleanup (412) Region VI - Northwest Regional Office (Butler, Clarion, Crawford, Elk, Erie, Forest, Jefferson, Lawrence, McKean, Mercer, Venango, and Warren Counties) 230 Chestnut Street. Meadville, PA Main Telephone Number: (814) Main Fax Number: Emergency Response Coordinator (814) Water Management Program (814) Air Quality Program (814) Waste Management Program (814) Environmental Cleanup (814) PA DEP Central Office Bureau of Waste Management 400 Market Street, Harrisburg, PA Main Telephone Number: (800) Air Protection Division (215) Waste and Chemical Management Division (215) Water Protection Division (215) Hazardous Site Cleanup Division (215) Pub Rev (2) 11/2011

13 Section 3.0 MAKING A WASTE DETERMINATION 3.0 MAKING A WASTE DETERMINATION 3.1 REGULATORY ACT AND FRAMEWORK In 1965, Congress enacted the Solid Waste Disposal Act (SWDA), the first statute that specifically focused on improving solid waste disposal methods. The SWDA was amended in 1976 by the Resource Conservation and Recovery Act (RCRA) that remodeled the nation s solid waste management systems and laid out the basic framework of the United State s current waste management programs. RCRA has been amended several times since its inception, with an expanded scope and requirements stemming from the promulgation of the Hazardous and Solid Waste Amendments (HSWA). In 1992, RCRA was revised by passing the Facility Compliance Act, which strengthened the authority to enforce RCRA at federal facilities, and the Land Disposal Program Flexibility Act of 1996, that amended RCRA to provide regulatory flexibility for the land disposal of certain types of waste. Evolution of Significant RCRA Legislation: SOLID WASTE DISPOSAL ACT of 1965 RESOURCE CONSERVATION AND RECOVERY ACT of 1976 HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984 FEDERAL FACILITIES COMPLIANCE ACT OF 1992 LAND DISPOSAL PROGRAM FLEXIBILITY ACT OF 1996 RCRA established three distinct programs: Subtitle D The solid waste program. This program encourages states to develop comprehensive plans to manage nonhazardous industrial solid waste and municipal solid wastes, sets criteria for municipal solid waste landfills and other solid waste disposal facilities and prohibits the open dumping of solid waste. Subtitle C The hazardous waste program. This program establishes a system for controlling hazardous waste from the time it is generated until its ultimate disposal in effect, from cradle to grave. Subtitle I The Underground Storage Tank (UST) program. Under Subtitle I, RCRA regulates underground storage tanks storing hazardous substances and petroleum products. Pub Rev (2) 11/2011

14 Section 3.0 MAKING A WASTE DETERMINATION Although RCRA creates the framework for the proper management of hazardous and nonhazardous solid waste, it does not address the problems of hazardous wastes found at inactive or abandoned sites or those resulting from spills that require emergency response. These problems are addressed by a different act; the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly call Superfund, which was enacted in PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION The basic requirements of the federal hazardous waste program administered by the US Environmental Protection Agency (EPA) are established under RCRA and federal regulations in 40 CFR parts Under RCRA, EPA may delegate authority to the states to administer and enforce the RCRA program in lieu of EPA. A state s program must be at least as stringent as the federal program. The Pennsylvania Department of Environmental Protection (PADEP) received initial authorization from EPA in 1986 and updated authorization in 2000 to administer most of the RCRA program within the Commonwealth. PADEP Regulatory Title and Codes In the 1990s, the Commonwealth revised its hazardous waste regulations to align them with RCRA and the applicable parts of 40 CFR. The new regulations are found in Title 25 of the Pennsylvania Code and incorporate most of the federal regulations by reference. Incorporation by reference means that the federal regulations are reinforced as the Commonwealth s regulations, except where specific modifications are identified. Because the Commonwealth has incorporated by reference most of the federal regulations that apply to the identification of hazardous waste, this guidance document describes many requirements by referring to the appropriate federal regulations (e.g., 40 CFR Part 261). However, PADEP made additions or modifications to some of the federal regulations, and this added or modified regulatory language appears in the Pennsylvania Code. These modified requirements are referenced in this document by the Pennsylvania Code citations and, where appropriate, by their corresponding 40 CFR citations. The new PA specific citations are noted with the letter a or b after the chapter number, for example Chapter 262a. Federal requirements incorporated by reference without modification are referenced using a 40 CFR citation. Pub Rev (2) 11/2011

15 Section 3.0 MAKING A WASTE DETERMINATION 3.2 WASTE DETERMINATION PROCESS Making a waste determination can be a complex task. This section provides a road map to determining whether the waste material is subject to hazardous and/or nonhazardous waste regulations. There is a relationship between secondary materials, solid waste and hazardous wastes, as shown in Figure 3.1. Secondary materials make up the largest category of materials that are generated by industry, and are neither products nor intermediate products. Solid wastes are a subset all secondary materials. Certain secondary materials are not regulated as solid waste because they are required to be recycled, while others may be specifically excluded when they meet the definition of coproduct or byproduct. Likewise, hazardous waste form a subset of all solid waste. Solid Waste Secondary Materials Hazardous Waste Figure 3.1 Relationship of Secondary Materials, Solid Waste, and Hazardous Waste HAZARDOUS WASTE DETERMINATION For a material to be classified as a hazardous waste, it must meet the criteria specified in the regulatory definition of solid waste. However, some solid waste are specifically excluded from RCRA regulations. Additionally, some solid wastes are excluded from the definition of hazardous wastes. Lastly, some materials are not classified as solid waste, if they are recycled. By answering the following sets of questions, the hazardous waste identification process can be used to classify solid waste. For clarity, references to PADEP applicable regulations are provided with the federal codes and regulations. TABLE 3-1 HAZARDOUS WASTE DETERMINATION # 1 - Is Your Material a Solid Waste? Step 1 The first step is to determine if the material in question is classified as a solid waste. If the material is NOT a solid waste, it cannot be a hazardous waste. The statutory definition of a solid waste is completely irrespective of the physical form of the waste. A "solid" waste can be just as easily liquid or gas. A material is considered a solid waste if it: Pub Rev (2) 11/2011

16 Section 3.0 MAKING A WASTE DETERMINATION o Is a solid, semi-solid, liquid, or contained gaseous material which is discarded or has served its intended purpose? o Is abandoned? o Is being recycled by being placed on the ground (and that is not the normal use), burned for energy recovery, reclaimed, or accumulated more than one year. o Is inherently waste-like (e.g., dioxin wastes)? If the material in question meets any of the provisions above, you may have a solid waste. If you answered NO to all of the above provisions, you do not have a solid waste. Do you have a solid waste? If YES, go to Step 2 below. If NO, the material does not qualify as a solid waste, and therefore cannot be regulated under RCRA Subtitle C (and cannot be a hazardous waste). PADEP requires materials excluded from the definition of solid waste in 40 CFR 261.2(c)-(e) (related to recycled materials, inherently waste-like materials and materials that are not solid waste when recycled) to be managed in accordance with 25 PA Code (residual waste regulations). Step 2 # 2 - Is Your Solid Waste Excluded from Hazardous Waste Regulations? After you have determined that you have a solid waste, the next step is to determine if that solid waste is excluded from RCRA regulation. EPA grants specific exclusions from some hazardous waste regulations if certain conditions are met. Some materials are excluded from the definition of solid waste, while some solid wastes are excluded from the definition of hazardous waste. Knowing these exclusions can be helpful in waste management programs. Some materials that are excluded from the definition of solid waste (and therefore are NOT hazardous) include: o Domestic sewage o Industrial wastewater discharges o Radioactive waste o Spent wood preserving solutions that are reclaimed and reused in the wood preserving process o Processed scrap metal o Irrigation return flow o o In situ mining waste Secondary materials that are reclaimed and returned to the original process, if the reclamation and return process is totally enclosed. These wastes are not hazardous because they are not considered solid waste. Some solid wastes are excluded from the definition of hazardous wastes: o Household waste (pesticides, cleaners) o Some agricultural wastes that are returned to the soils as fertilizers o Fossil fuel combustion wastes o Cement kiln dust (unless the facility burns hazardous waste as fuel) o Arsenic treated wood wastes generated from a person using wood for its Pub Rev (2) 11/2011

17 Section 3.0 MAKING A WASTE DETERMINATION o o o intended purpose Petroleum-contaminated media that is subject to the UST corrective action program Used oil filters that have been hot drained Used chlorofluorocarbon refrigerants that are being reclaimed for further use. These solid wastes are excluded from the definition of hazardous waste by EPA. In addition, some recycled materials are not classified as solid waste. Materials are not solid wastes IF: o They are being used as substitutes for commercial products o Returned back to the original process without first being reclaimed or land disposed. This exemption is not valid if the materials are burned for energy recovery or used to make a product that will be applied to the land. Samples collected for lab analysis are exempt from RCRA regulation until it is determined that they are to be disposed of. Used oil that exhibits hazardous characteristics can be excluded if recycled. It is regulated under federal Standards for the Management of Used Oil (40 CFR Part 279). In the Commonwealth, the term used oil is substituted with the term waste oil, and 25 PA Code 298 is the equivalent standards relating to the management of waste oil. Universal wastes (including batteries, pesticides, mercury-containing thermostats, switches, and thermometers, and electric lamps) may also qualify for reduced regulation. 25 Pa Code 266b is the equivalent standard to management of universal waste in Pennsylvania. The list above is NOT comprehensive. If your waste is not on the list above, it may still be excluded from RCRA regulation. See 40 CFR for a complete list of those wastes exempt from hazardous waste regulation. Furthermore, if your waste IS listed above, that does not mean you are automatically exempt. Each exemption above is conditional and facility managers should review applicable sections of 40 CFR 261 and contact their State's hazardous waste program for clarification on exemptions. Is the solid waste excluded from hazardous waste regulation? YES the waste is exempt (not regulated) under RCRA Subtitle C. NO Go to Step 3 below. #3 - Is Your Solid Waste a Listed Waste? Step 3 Once you have determined that your solid waste is not excluded from RCRA requirements, the next step is to determine if the material is a "listed waste". EPA "lists" hazardous wastes that fall into four categories: o F-listed wastes: The F list includes wastes from common industrial processes. Because they are not specific to one type of industry, they are called wastes from non-specific sources. This list includes for example many types of spent (or used) solvents. See 40 CFT to see if your waste is Pub Rev (2) 11/2011

18 Section 3.0 MAKING A WASTE DETERMINATION o o F-listed. K-listed wastes: The K list includes wastes from specific industrial processes, such as wood preservation, organic chemical production, and pesticide manufacturing. See 40 CFR for the complete list of manufacturing process wastes to see if your facility might have a K-listed waste. P- and U-listed wastes: These two lists designate certain commercial chemical products as hazardous when disposed of unused. These unused chemicals may become wastes in a number of ways. Some can be spilled while in use while others can be intentionally discarded if out of specification. For a waste to qualify as a P- or U-listed waste, it must meet all three of the following criteria: The formulation must contain at least one chemical on the P or U list The chemical in the waste must be unused The chemical in the waste must be in the form of a CCP. *A CCP is a chemical that is of technical (commercial) grade, 100% pure, and the only active ingredient in the formulation. There are hundreds of P- and U-listed wastes. Facility managers should look in 40 CFR to see if chemicals present on-site are hazardous if disposed of unused. Please note that the chemicals with the "P" code are acutely hazardous. Generators with acutely hazardous waste are subject to different accumulation limits for those wastes. Is the solid waste a listed waste (F, K, P, U)? YES the waste is a listed waste and is therefore regulated under RCRA Subtitle C. NO go to Step 4 below. Step 4 #4 - Is Your Solid Waste a Characteristic Waste? If your waste is not listed in 40 CFR Part 261, it may still be a hazardous waste. The next step is to see if your waste is a characteristic hazardous waste. Solid wastes that are not directly listed in 40 CFR Part 261 may still be hazardous. EPA uses a classification system based on the four properties of solid wastes. If a material exhibits at least one of these characteristics, it is classified as a hazardous waste. The four properties are: o IGNITABILITY A substance is ignitable if it displays any of the following properties. A liquid with a flashpoint of less than 60 C (140 F); A non-liquid that is capable, under standard temperature and pressure, of causing fire through friction, absorption of moisture, or spontaneous chemical changes, and when ignited, burns so vigorously and persistently that it creates a hazard; An ignitable compressed gas; An oxidizer (such as a chlorate or peroxide). Details on the ignitability characteristic are included in 40 CFR and Section o CORROSIVITY A substance is corrosive if it displays any of the following properties: Pub Rev (2) 11/2011

19 Section 3.0 MAKING A WASTE DETERMINATION An aqueous material with a ph less than or equal to 2 or greater than or equal to 12.5; A liquid that corrodes steel at a rate of at least 0.25 inches per year at 55 C (130 F); NOTE: A waste that is not aqueous and contains no liquid falls outside the definition of EPA corrosivity. Details on the corrosivity characteristic are included in 40 CFR and Section o REACTIVITY A substance is reactive if it displays any of the following properties. Normally unstable and readily undergoes violent change without detonating; Reacts violently with water; Forms potentially explosive mixtures with water; A cyanide or sulfide bearing waste which can generate fumes in a quantity sufficient to present a danger to human health. Capable of detonation A forbidden explosive, or a Class A or Class B explosive, as defined in Department of Transportation regulations in 49 CFR Part 173. Details on the reactivity characteristic are included in 40 CFR and Section o TOXICITY A substance is toxic if it exceeds the concentrations for contaminants listed in the "Maximum Concentration of Contaminants for the Toxicity Characteristic" table, presented in 40 CFR A specific test, the Toxicity Characteristic Leaching Procedure (TCLP) must be conducted to determine if the waste is classified as toxic. Details on the toxicity characteristic are included in 40 CFR and Section EPA designates specific, standardized test methods that are to be used when determining the characteristics of a waste. These techniques are listed in the above mentioned sections. Is the solid waste a characteristic hazardous waste? YES the waste is a characteristic waste and is therefore regulated under RCRA Subtitle C. NO Go to Step 5 below. Step 5 #5 - Is Your Solid Waste Subject to the Mixture Rule? Even though your solid waste is not a listed or characteristic waste, it could become a hazardous waste if mixed with materials classified as hazardous. The next step is to determine if your waste is a mixture of a solid waste and a hazardous waste. The "Mixture Rule" states that mixtures of solid waste and listed hazardous waste must be regulated as hazardous waste. There are two ways to determine if a material is regulated under the mixture rule: o If the material is a mixture of a solid waste and a hazardous waste, and the mixture exhibits one or more of the characteristics of hazardous waste; o If the material is a mixture of a solid waste and a listed waste. The mixture Pub Rev (2) 11/2011

20 Section 3.0 MAKING A WASTE DETERMINATION o rule is intended to discourage generators from mixing waste streams. More information can be reviewed at 40 CFR 261.3(a)(iii) and (iv). Is the solid waste subject to the mixture rule? YES - the waste is subject to the mixture rule and is therefore regulated under RCRA Subtitle C. NO Go to Step 6. Step 6 #6 - Is Your Solid Waste Subject to the Derived-From Rule? Your material is not a listed or characteristic waste, nor is it classified as hazardous due to the mixture rule. Yet the material might still be a hazardous waste. Hazardous waste treatment, storage, and disposal processes often generate residues that may contain high concentrations of hazardous constituents. The derived-from rule governs the regulatory status of such waste residues. According to the Rule, any solid waste derived from the treatment, storage, or disposal of a hazardous waste is considered hazardous. "Derived from" wastes include sludge, spill residue, ash, emission control dust, and leachate. Some examples are drums that have been used for storage of a hazardous waste, or ash from the incineration of hazardous waste. This principle applies regardless of the actual risk to human or environmental health. More details about the "derived-from" rule and exemptions to the rule are included in 40 CFR (c) and (d). Is the solid waste subject to the derived-from rule? YES - the waste is subject to the derived-from rule and is therefore regulated under RCRA Subtitle C. NO - the waste is not classified as hazardous under RCRA Subtitle C CHARACTERISTIC HAZARDOUS WASTE Characteristic hazardous wastes are the most frequent category of hazardous waste typically generated through PennDOT operations, and as such warrants further discussion. A waste that exhibits one or more characteristic is called a characteristic hazardous waste. Waste that exhibits multiple characteristics are assigned multiple hazardous waste codes. A laboratory can conduct the characteristic tests and assist in determining if the waste exhibits one or more characteristics, however, testing is not required. A generator may use specific knowledge of the waste to make a determination. Material Safety Data Sheets, manufacturer documentation, and contractor certifications are examples of available information that may assist the generator in making the waste determination. Pub Rev (2) 11/2011

21 Section 3.0 MAKING A WASTE DETERMINATION Ignitability (D001) Ignitable wastes can create fires under certain conditions, are spontaneously combustible, or have a flash point less than 60 C (140 F). Ignitable wastes are assigned EPA Hazardous Waste Code DOO1. The ignitability characteristic identifies wastes that can readily catch fire and sustain combustion. A waste is ignitable if: It is a liquid (other than an aqueous solution containing less than 24 percent alcohol by volume) and has a flash point<140 F determined by a Pensky- Martens Closed-Cup Tester or a Seta Flash Closed-Cup Tester, It is not a liquid but capable of causing fire through friction, absorption or moisture, or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a hazard, It is an ignitable, compressed gas, or It is an oxidizer. Potential wastes exhibiting the characteristic of ignitibility include solvents and gasoline. Corrosivity (D002) Corrosive wastes are acids or bases (ph less than or equal to 2, or greater than or equal to 12.5) that are capable of corroding metal containers, such as storage tanks, drums, and barrels. Corrosive wastes are assigned EPA Hazardous Waste Code DOO2. Battery acid, sodium hydroxide (lye), sulfuric acid, hydrochloric acid are some examples. The corrosivity characteristic identifies wastes that are acidic or alkaline (basic) and can readily corrode or dissolve flesh, metal, or other materials. Reactivity (D003) Reactive wastes are unstable under "normal" conditions. They can cause explosions, toxic fumes, gases, or vapors when heated, compressed, or mixed with water. Reactive wastes are assigned EPA Hazardous Waste Code DOO3. The reactivity characteristic identifies wastes that readily explode or undergo violent reactions. Examples of wastes that potentially exhibit the characteristic of reactivity are sodium phosphide, sodium azide, ferrosilicon, aluminum phosphide, and phosphorus. Pub Rev (2) 11/2011

22 Section 3.0 MAKING A WASTE DETERMINATION Toxicity (D004-D043) Toxic wastes are harmful or fatal when ingested or absorbed (e.g., containing mercury, lead, etc.). These wastes cause local or systemic damages and may result in adverse health effects in an organism that is, an asphyxiant (such as carbon monoxide), poison (such as oil), mutagen (a chemical that alters DNA), teratogen (one that causes birth defects), or carcinogen (one that causes cancer) is said to be toxic. When toxic wastes are land disposed, contaminated liquid may leach from the waste and pollute ground water. Toxicity is defined through a laboratory procedure called the Toxicity Characteristic Leaching Procedure (TCLP). The TCLP helps identify wastes likely to leach concentrations of contaminants that may be harmful to human health or the environment [40 CFR , Table 1, as shown below]. TCLP Regulatory Levels Waste Code Contaminant Concentration (mg/l) D004 Arsenic 5.0 D005 Barium D018 Benzene 0.5 D006 Cadmium 1.0 D019 Carbon tetrachloride 0.5 D020 Chlordane 0.03 D021 Chlorobenzene D022 Chloroform 6.0 D007 Chromium 5.0 D023 o-cresol D024 m-cresol D025 p-cresol D026 Total Cresols D016 2,4-D 10.0 D027 1,4-Dichlorobenzene 7.5 D028 1,2-Dichloroethane 0.5 D029 1,1-Dichloroethylene 0.7 D030 2,4-Dinitrotoluene 0.13 D012 Endrin 0.02 D031 Heptachlor (and its epoxide) D032 Hexachlorobenzene 0.1 D033 Hexachlorobutadiene 0.5 D034 Hexachloroethane 3.0 D008 Lead 5.0 D013 Lindane 0.4 D009 Mercury 0.2 D014 Methoxychlor 10.0 D035 Methyl ethyl ketone D036 Nitrobenzene 2.0 D037 Pentachlorophenol D038 Pyridine 5.0 D010 Selenium 1.0 D011 Silver 5.0 D039 Tetrachloroethylene 0.7 Pub Rev (2) 11/2011

23 D015 Toxaphene 0.5 D040 Trichloroethylene 0.5 D041 2,4,5-Trichlorophenol D042 2,4,6-Trichlorophenol 2.0 D017 2,4,5-TP (Silvex) 1.0 D043 Vinyl chloride 0.2 Section 3.0 MAKING A WASTE DETERMINATION WASTE GENERATED FROM THE TREATMENT, STORAGE, OR DISPOSAL OF HAZARDOUS WASTE Treatment is any process that changes the physical, chemical, or biological character of a waste to make it less of an environmental threat. Treatment can neutralize the waste; recover energy or material resources from a waste; render the waste less hazardous; or make the waste safer to transport, store, or dispose. Hazardous waste generally must be treated before it can be disposed. The treatment standards for each specific hazardous waste (by hazardous waste code) are outlined in 40 CFR Since PennDOT does not treat hazardous wastes, it is unlikely to be a generator of hazardous waste derived from the treatment of hazardous waste HAZARDOUS WASTE RECYCLING Most recycled hazardous wastes are subject to full hazardous waste regulation. This means that handlers of these recyclable materials are subject to the same regulations as handlers that are managing hazardous waste prior to disposal. Under federal regulations, while management of hazardous wastes prior to recycling is subject to regulation, the recycling process itself is exempt from RCRA (except applicable air emission standards). Pennsylvania regulations explicitly differentiate between treatment that may facilitate recycling (e.g. size reduction, chemical treatment, drying, mixing) and the recycling process itself. In Pennsylvania, permits are required for treatment activities that precede recycling (25 PA Code 261.a6(c)). When a material is recycled, its regulatory classification (i.e., whether or not it is a solid waste, and potentially a regulated hazardous waste) depends on two factors: what type of secondary material is being recycled and what type of recycling is employed. It is the responsibility of the generator of a recyclable solid waste to determine if their material(s) are subject to reduced requirements or full regulation. PADEP allows some hazardous waste recycling activities to be covered by Permit-by-Rule regulation clauses (see 25 PA Code 270a.60). Permit-by-rule activities for recycling include making the materials suitable for onsite or offsite reclamation. Facilities engaged in such activities must submit notifications to PADEP on recycling activities using PADEP Form 2510-FM-BWM0053. PennDOT does not typically recycle hazardous waste. Wastes that are exempt from all hazardous waste requirements including notification requirements (40 CFR 261.6(a)(3)) are: Pub Rev (2) 11/2011

24 Section 3.0 MAKING A WASTE DETERMINATION Industrial ethyl alcohol Scrap metal [See Attachment 4-4: Management Aerosol Cans] Certain waste-derived fuels from refining oil-bearing hazardous waste Certain fuels derived from hazardous waste from oil refining, production, and transportation of oils from petroleum refineries. Wastes that are covered by limited hazardous waste requirements when recycled are still subject to applicable requirements of 40 CFR Parts 270 and 124. EPA has created special limited hazardous waste requirements for these categories of wastes: Materials used in manner constituting disposal are subject to 40 CFR 266 Subpart C (40 CFR 261.6(a)(2)(i)) Hazardous wastes burned for energy recovery are subject to 40 CFR 266 Subpart H (40 CFR 261.6(a)(2)(ii)) Hazardous wastes from which precious metals are reclaimed are subject to 40 CFR 266 Subpart F (40 CFR 261.6(a)(2)(iii)) Spent lead-aid batteries that are being reclaimed are subject to 40 CFR 266 Subpart G (40 CFR 261.6(a)(2)(iv)). Waste oil that is recycled is subject to 25 PA Code 266 Subchapter E, if it is destined to be burned for energy recovery. If it is recycled or reused in a manner other than burning for energy recover, waste oil is subject to Residual Waste regulations 25 PA Code Article IX. Hazardous waste materials meeting the Universal Waste determination are subject to requirements specified by 40 CFR 273 and equivalent 25 Pa Code 266b. The following hazardous waste are captured under the universal waste program: Batteries, as described in 40 CFR and 25 Pa Code 266; Pesticides, as described in 40 CFR 273.3; Thermostats, as described in 40 CFR 273.4; Lamps, as described in 40 CFR 273.5; Mercury-containing devices as described in 25 PA Code 266b; and Empty aerosol cans, as described in 40 CFR 261.6(a)(3)(iv) IN CONCLUSION NOW THAT YOU HAVE PROPERLY CLASSIFIED YOUR MATERIAL(S) AS: Hazardous waste, proceed to Section 4.0 for guidelines for proper collection, storage, labeling and disposal requirements. If the material was determined to be a universal waste, proceed to Section 5.0 for guidelines of managing universal waste. NOT a Hazardous waste, continue to Section to determine if you have a residual or municipal waste stream. Pub Rev (2) 11/2011

25 Section 3.0 MAKING A WASTE DETERMINATION NON-HAZARDOUS WASTE DETERMINATIONS Pennsylvania is unique compared to other states in that it has separate management regulations for three different waste categories: municipal waste, residual waste and hazardous waste. The Pennsylvania hazardous waste regulations, as defined under 25 PA Code 261a-270a, generally mirror the federal regulations for hazardous waste, with slight differences. Waste is defined in Pennsylvania regulations as a material whose original purpose has been completed and which is directed to a disposal, processing or beneficial use facility or is otherwise disposed of, processed or beneficially used. The term does not include source separated recyclable materials; material approved by the Department (PADEP) for beneficial use under 25 PA Code Source separated recyclable materials are defined as materials that are separated from municipal waste at the point of origin for the purpose of recycling. The term is limited to clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper, plastics and other marketable grades of paper. Hazardous waste determinations have been discussed in Section If the waste is not hazardous, the next step is to determine if the waste is residual or municipal. The definitions of both are provided below: Municipal wastes are regulated under the Municipal Waste Management Regulations adopted in April 1988 (Article VII, with regulations 25 PA Codes Chapters 271, 273, 275, 277, 279, 281, 283, and 285). Municipal waste is defined as garbage, refuse, industrial lunchroom or office waste and other materials, including solid, liquid, semi-solid, or contained gaseous materials resulting from operation of residential, municipal, commercial, or institutional establishments, and from community activities; and sludge not meeting the definition of residual or hazardous wastes from a municipal, commercial, or institutional water supply treatment plant, wastewater treatment plant, or air pollution facility. (Municipal waste may also be viewed to include special handling waste and construction/demolition waste generated by non-industrial establishments.) Residual wastes are regulated under the Residual Waste Management Regulations adopted on 2 July 1992 (Article IX, 25 PA Code ). Residual waste is defined as garbage, refuse, other discarded materials or other waste, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, mining and agricultural operations; and sludge from an industrial mining or agricultural water supply treatment facility, waste water treatment Pub Rev (2) 11/2011

26 Section 3.0 MAKING A WASTE DETERMINATION facility or air pollution control facility, if it is not hazardous. Waste from coal mining, which are regulated under other legislation, are exempt. It is important to note that some non-industrial establishments, such as PennDOT, may generate residual waste-like materials (e.g., waste paint filters, etc.) and one may be tempted to classify such wastes as municipal waste because the source is not an industrial establishment. However, PADEP interprets that any municipal, commercial or institutional establishment which generates significant quantities of such residual wastelike materials is viewed as analogous to the operation of an industrial establishment, and the wastes must be managed as a residual waste. More specifically, PADEP classified residual waste into the following nine categories (as provided in PA BULLETIN, Vol. 20, No. 8, February 24, 1990) to aide generators in making waste determinations: 1. Combustion residues including bottom ash, fly ash and flue gas desulfurization residue from coal burning plants as well as various ashes from the incineration of residual waste. 2. Metallurgical process waste including foundry sands, slag, refractory materials, grindings and shavings, baghouse dust and scraps. 3. Sludges and scales including sludge from the treatment of public water supplies, and industrial wastewater; metallurgical sludge from pickle liquor, electroplating and other sources; food processing sludge, petroleum-based oily sludge; emission control sludge; paints and coating sludge and scales (e.g. from sandblasting); bottoms from tanks and stills; and kiln scale and residue (such as those from lime and cement manufacture). 4. Chemical wastes including those which can be classified as acid, base or neutral. Other chemical waste classifications include combustibles; carbon residues; surface coatings, other than paints; filter-related materials, such as diatomaceous filtering aid or filter media; spent dyes, detergents and cleaners; and off-specification products and intermediates. 5. Generic waste including leather; rubber; elastomers; wood; paper; textiles; glass; various plastics (such as halogenated, nonhalogenated and glass reinforced) electronic component wastes; agricultural waste, including seeds, fertilizers and pesticides; photographic waste, including film and paper; and pharmaceutical waste. 6. Special wastes including asbestos-containing wastes, oil contaminated waste, liquid paints, PCB containing wastes, spent catalysts and spill residues. a. Special Handling Wastes is further specifically defined in the regulations as solid waste that requires the application of special storage, collection, transportation, processing or disposal techniques due to the quantity of material generated or its unique physical, chemical or biological characteristics. The term includes sewage sludge, infectious waste, Pub Rev (2) 11/2011

27 Section 3.0 MAKING A WASTE DETERMINATION chemotherapeutic waste, ash residue from a solid waste incineration facility, asbestos containing waste and PCB containing waste. 7. Construction/demolition wastes including bricks, stone, clean soil, ceramics, concrete and clay, brush and wood, asphalt shingles, gypsum board, linoleum and fiberglass insulation, wiring conduit and electrical insulation. a. Construction/Demolition Waste is further specifically defined in the regulations as solid waste resulting from the construction or demolition of buildings and other structures, including, but not limited to, wood, plaster, metals, asphaltic substances, bricks, block and unsegregated concrete. The term also includes dredging waste. The term does not include the following if they are separate from other waste and are used as clean fill: i. Uncontaminated soil, rock, stone, gravel, unused brick and block and concrete. ii. Waste from land clearing, grubbing and excavation, including trees, brush, stumps and vegetative material. 8. Industrial equipment and scraps including pumps, piping, vessels, instruments, storage tanks and scrap metals generated during production turn-around. 9. Noncoal mine wastes including drilling fluids, and related wastes, and in some cases mining refuse and spoil material. Residual and municipal waste programs have many similarities. Some of the most significant differences between the two waste programs include: municipal landfills may not accept liquid wastes; there are differences in landfill design parameters; and certain waste streams are assigned to certain type of disposal facilities to prevent facilities from being overwhelmed by waste they are not meant to manage. For a material to be classified as a residual or municipal the waste definition must be first satisfied. For some specific waste streams, whether by definition of residual or municipal, the PADEP stipulates which residual or municipal regulations are required to be followed. The following sets of questions assist in determining the nonhazardous waste identification process. TABLE 3-2 NONHAZARDOUS WASTE DETERMINATION Step 1 # 1 - Is Your Material a Hazardous Waste? Does your material meet the federal definition of Hazardous Wastes, 40 CFR 261.3? YES Manage your waste according to full hazardous waste regulations. (see Sec. 3.0) NO Continue to Step 2. Pub Rev (2) 11/2011

28 Section 3.0 MAKING A WASTE DETERMINATION Step 2 # 2 - Is Your Material a Municipal Waste? Is your material Garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities, and sludge not meeting the definition of residual or hazardous waste from a municipal, commercial or institutional water supply treatment plants, wastewater treatment plant or air pollution control facility? The term does not include coal refuse; treatment sludge from coal mine drainage treatment plants. YES Your material may be required to be managed as a Municipal waste. Continue Is the material recycled on-site in an ongoing manufacturing or industrial process by the generator without treatment, processing or release into the environment? o If YES The material is not a waste. o If NO Go to Step 3, unless: o Material is a hazardous waste, go to Hazardous Waste Determination Section, otherwise the does not meet the municipal waste definition, continue to Step 3. # 3 - Is Your Waste a Residual Waste? Step 3 Is your material garbage, refuse, other discarded material or other waste, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, mining and agricultural operations and sludge from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility, if it is not hazardous)? The term does not include coal refuse; treatment sludge from coal mine drainage treatment plants. YES Your waste may be required to be managed as a Residual Waste. However, continue to Step 4 to define the correct category. NO Continue to Step 4. Step 4 # 4 Final Determination if Residual or Municipal Regulations Apply PADEP has listed specific waste streams that are specifically required to be managed as Residual or Municipal, regardless which definition they meet. Review the specific lists of waste streams to identify if your waste is specifically identified: Is your residual or municipal waste one of the following types? Construction/demolition waste (except construction/demolition waste with greater than 4 ppm PCBs); Infectious and chemotherapeutic waste; Leaf waste and grass clippings; Waste from land clearing, grubbing and excavation, including trees, brush, stumps and vegetative material; Pub Rev (2) 11/2011