21 Sep Understanding Hazardous Waste Part I: According to the EPA
Reading Time: 5 minutesWhen people read or hear about incidents involving hazardous waste, it often leads to feelings of fear and confusion. Part of the confusion comes from the fact that most individuals don’t know what the words “hazardous waste” “hazardous material” and “toxic substance” really mean (hint — our homes are full of them). And, to further confuse things, there is no one conclusive definition of the term “hazardous waste.” In three recent news headlines, all mention hazardous waste, and all refer to very different substances: Firm Pays $790,000 Fine in Nebraska Hazardous Waste Case, Omaha World-Herald. September 1, 2020. Hazardous Waste Drop-off in Columbus Sees Surge Amid COVID Home Cleaning, The Columbus Dispatch. September 1, 2020. UN Warns of Hazardous Waste Threat After Beirut Blast, Voice of America News, September 2, 2020.
Because of the multifaceted nature of hazardous waste, the following series of articles aims to dispel some of the confusion and fear surrounding hazardous substances, beginning with Part 1, which explains the EPA’s definition and management of hazardous waste. Part 2 will look at hazardous waste in the community, while Part 3 will address hazardous substances that may be found in your home.
Hazardous Waste According to the US EPA
First, let’s differentiate a hazardous waste from a hazardous material. The United States EPA first defined hazardous waste within the Resource Conservation and Recovery Act (RCRA) of 1976. Only wastes that meet the EPA’s definition of hazardous are true hazardous wastes.
RCRA defines hazardous waste both chemically and administratively. Thus, when someone generates hazardous waste, there is a wide array of regulations that dictate how that waste is to be stored and labeled, how long it can be stored, how and where it can be disposed of, and the paperwork trail (created via Hazardous Waste Manifests) that accompanies the waste material “from cradle to grave.” These waste materials are often defined merely by their chemical characteristics (e.g., pH) while other wastes are defined by their chemical identity (selected heavy metals like Arsenic, Chromium, Mercury, etc. if found above certain concentrations), and yet other wastes are defined by their means of manufacture or generation (e.g., certain wastes from leather tanning).
The EPA’s hazardous waste regulations are the “law of the land,” and each state must follow these regulations. And each state has the right to enact their own waste regulations that go beyond EPA’s regulations. In other words, each state can enact regulations that are tougher or more restrictive than those imposed by the EPA. New Jersey, for one, has invoked this prerogative. One common example is non-hazardous oil spill cleanup waste (see below).
At what point does a chemical transition from being an ingredient (or product) in a manufacturing process to a waste material? Sometimes it is merely a function of when the generator says so. Here is an example: ABC Manufacturing, Inc. uses sulfuric acid to pickle[1] steel pipe. Sulfuric acid has a very low pH. And low pH is one of the EPA’s chemical characteristics that renders something as hazardous waste. But manufacturers who pickle steel buy fresh sulfuric acid (as a product or raw material, not a waste material) to bathe the pipe. During the pickling process, an acidic sludge collects on the bottom of the pickling tank. At some point, the manufacturer will determine that the acid bath is “spent;” i.e., it is no longer fully effective at doing what it was purchased to do. At that point, the manufacturer deems the pickling solution a waste material and it immediately becomes subject to the EPA’s hazardous waste regulations that include strict timetables for disposal. Both the waste acid and the acid sludge will be properly disposed when the tank is emptied. This means a licensed transporter will convey the spent acid to a licensed hazardous waste disposal facility where it is treated.
Regulated Waste Materials that are Not Hazardous per the EPA Definition
Materials that are “hazardous” but do not meet the definitions of hazardous per the EPA are addressed on the state level. A common example is petroleum-impacted soil. For example, how do we address soil impacted with gasoline or heating oil from a leaking underground storage tank? The impacted soil is treated as a regulated waste material and is disposed locally. Typically, the soil is sent to either a soil burner where the petroleum is incinerated, or it can be sent to a large-scale biotreatment center where the petroleum is bioremediated in a controlled environment. In both cases, the soil is typically sold and reused.
Another common example is polychlorinated biphenyls (PCBs). PCBs are a class of compounds invented in the 1930s and used as a dielectric fluid. They were most commonly used as a cooling fluid in electrical transformers. Transformers increase or decrease electrical current along the transmission route. PCB liquid is incredibly stable at the high temperatures created within a transformer. That is, PCBs were exceptionally good at fulfilling their intended purpose. PCBs are considered toxic, not hazardous, and are strictly controlled and regulated under the Toxic Substances and Control Act (TSCA). As such, when PCBs are found in soil, they present an expensive remedial problem for the responsible party (see below).
The last example is asbestos. Asbestos is a naturally occurring mineral that was so useful it was called the “magic mineral.” It was used in floor tiles, sewage pipes, brake shoes, insulation, construction materials, automotive gaskets, fireproofing material, and literally thousands of other products. In the late 1950s and into the 1960s, doctors began treating a series of extremely rare lung conditions that suddenly were no longer rare. It did not take long to ascertain the harmful direct cause and effect of working with asbestos. Specifically, inhaling asbestos fibers causes several respiratory maladies, including cancer. Accordingly, this material was codified by TSCA and regulated within the Asbestos Hazard Emergency Response Act (AHERA).
How are Hazardous Materials Routinely Handled and Managed?
The EPA has strict rules and procedures for generating, transporting, and disposing of hazardous wastes. Moreover, because of a nearly four-decade federal impetus mandating “waste minimization,” far less hazardous waste is produced, causing an industry-wide ripple effect. Generators produce less hazardous waste; thus, their management and disposal costs are less. This means less hazardous waste moves over the road. Finally, the hazardous waste disposal industry (companies that would process and legally dispose of hazardous waste), formerly vast in the 1980s, contracted significantly. Today, the hazardous waste disposal industry is a fraction of its original size.
Despite all these regulations, sometimes these materials are found in the environment. And, when that happens, ESA is among the companies that are called to investigate and remediate the situation. For example, several years ago, ESA was hired to perform a routine environmental service for a commercial building owner who was about to sell. During the process, and to everyone’s shock, ESA discovered that their soil was impacted with PCBs. No one had any clue as to its origin, nor did our due diligence investigation shed any light. Regardless, the seller (who was not the generator) was stuck paying for the cleanup. Was that fair? No, not from the seller’s perspective. But from a societal perspective, the waste regulations worked! That is, the owner became the de facto party responsible, ensuring that the cleanup was performed. And society is better for it because an area of soil with potentially harmful contamination was remediated.
Next month, part 2 of this series will discuss site remediation throughout our communities. If hazardous waste is so strongly regulated, then why are there so many hazardous waste cleanups? Why are soil and groundwater impacted at multiple locations in virtually every town in New Jersey? And why does our world seem so darn polluted? (Hint: mostly, it is not).
As stated earlier, hazardous waste is a complicated subject. It is well beyond the ability of a brief article to address every hazardous substance or situation. If you have questions, we encourage you to ask the experts at ESA. Give us a call at 732.469.8888 or send an email.
[1] Pickling refers to immersion of metal into an acid bath to remove surface impurities such as rust, stains, or inorganic impurities.