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Introduction Federal and State laws provide for "cradle to grave" regulation of hazardous wastes. The federal hazardous waste regulations fall under the umbrella of the Resource Conservation and Recovery Act (RCRA) of 1976. The legal framework has been constructed in several steps, including the Solid Waste Disposal Act (SWDA) of 1965, RCRA itself, and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The Environmental Protection Agency (EPA) is primarily responsible for implementing the requirements of RCRA, including development of national regulations and standards, and nationwide administration of the hazardous waste program. The regulations developed under RCRA are found in Title 40 of the Code of Federal Regulations (40 CFR), Parts 260 through 280. This Fact Sheet is intended to provide a brief overview on hazardous waste identification, the requirements and general procedures for sampling wastes (frequency, safety, handling and shipping), and sample analysis requirements. At the end of the fact sheet, resources are listed which can provide more detailed information about hazardous waste sampling and analytical methods.
What is a Hazardous Waste? The first critical step in complying with RCRA hazardous waste regulations is determining if a waste generated by an installation is a hazardous waste. The definition of a hazardous waste is quite complicated and is found in 40 CFR, Part 261, "Identification and Listing of Hazardous Waste." Because RCRA was adopted as amending the earlier SWDA, RCRA considers all hazardous waste as discarded "solid" waste. The definition of a solid waste includes wastes in solid, semisolid, liquid, or even containerized (compressed) gas form. A solid waste is considered discarded if it is abandoned, recycled (unless used, reused, or returned to the original process), or inherently waste-like. Therefore, a waste must first be a solid waste before it can be a hazardous waste under RCRA. A solid waste is considered a hazardous waste under RCRA if it can cause injury or death to humans or can pollute the land, air or water. Before determining if a solid waste meets the criteria for a hazardous waste, it is best to determine if the solid waste is specifically excluded from definition as a hazardous waste. A list of excluded wastes is provided in 40 CFR 261.4(b), "Materials which are not Hazardous Waste." Many of these excluded wastes such as domestic sewage, spent nuclear waste materials and industrial wastewater subject to the Clean Water Act may meet the criteria for hazardous waste, but are nevertheless excluded because of their source. Under the regulations in 40 CFR 261, there are two basic categories of hazardous wastes: listed wastes, and characteristic wastes.
Waste codes D004 through D043 are applied to toxicity characteristic wastes. These include eight metals, six organic herbicide/pesticide compounds and 26 other organic compounds. Toxicity characteristic wastes contain one or more specific chemical constituents at concentrations equal to or higher than those listed in 40 CFR 261.24, "Toxicity Characteristic." The concentrations are determined by analysis of the leachate from the waste using the Toxicity Characteristic Leaching Procedure (TCLP).
RCRA regulations require all appropriate waste codes be applied to a hazardous waste. For example, a spent solvent containing more than 10% methyl ethyl ketone before use, should be assigned the waste code F005 (code F from the listed waste requirements), and, depending on the results of ignitability and TCLP tests, would probably also be assigned waste codes D001 (ignitability) and D035 (toxicity, methyl ethyl ketone). Once a waste is determined to be hazardous, no further testing is required and the waste may be manifested as such. However, waste haulers and treatment, storage and disposal facilities (TSDFs) may not accept the waste without additional analysis/characterization.
The EPA has also promulgated rules that apply to materials which are mixed with, derived from, or contain hazardous wastes. These rules require media which are contaminated with or derived from hazardous wastes to be managed as hazardous wastes until they no longer contain the waste, no longer exhibit the characteristic of the waste, or until the waste is delisted. These rules are described in detail in Title 40 CFR 261.3, "Definition of Hazardous Waste."
As part of the Hazardous and Solid Waste Amendments, many RCRA hazardous wastes are restricted from land disposal unless they are treated first to substantially diminish their toxicity and reduce the likelihood hazardous constituents will migrate from the disposal site. As part of the EPA's Land Disposal Restriction (LDR) rules (40 CFR 268), each waste shipment must be accompanied by a notification stating whether the restricted waste meets specific treatment standards promulgated for hazardous constituents. In most cases the notification can only be completed after laboratory analysis of the waste. If a generator bases a LDR notification solely on user knowledge of the waste, supporting documentation must be kept on record under 40 CFR 268.7, "Waste Analysis and Recordkeeping." User knowledge of the waste is not usually sufficient to determine whether or not the waste is restricted from land disposal.
A WAP has two main objectives: to ensure sufficient information is available to determine if the wastes fall within the scope of the facility's permit; and to ensure the facility has sufficient information about the wastes to treat, store, or dispose of them in accordance with the regulations. According to 40 CFR 264.13 (b), the WAP must include the following elements:
Appendix III of 40 CFR 261 provides references which list actual chemical analytical methods used to determine the concentrations of hazardous constituents in the liquid fractions and extracts of waste samples. All the methods are fully described in SW-846. These or other approved methods should be used in order for analytical results to be considered valid in determining whether a waste is hazardous. (NOTE: A laboratory may modify the analytical method if they can demonstrate competency of the method to the EPA or when challenged (i.e., a lawsuit). Also, states may require the use of their own methods. Always check with local regulators and TSDFs for required analytical methods.) A waste sample need not be analyzed for all listed hazardous constituents, only those that are most likely to be present based on the source of the waste.
Waste samples must be analyzed promptly in order for the results to be considered valid. For example, volatile organic compounds can escape from sample containers over time. For this reason, EPA recommends that maximum holding times (the time between actual sample collection and laboratory analysis/extraction) be applied to certain categories of samples.
Sampling is performed with a device appropriate for the waste being sampled. Weighted bottles or composite liquid waste samplers (coliwasas) are appropriate for sampling liquids in drums, pits, or tanks. Augers, triers, and shovels are useful for sampling solid wastes in piles, containers, or other locations.
The aim of the sampling method is to obtain a sample or samples which are representative of the waste stream. The installation must use an understanding of the waste generating and handling process to ensure samples are representative. Some wastes separate into distinct layers with time, and representative samples must include aliquots (sample portions) from each layer. It may also be important to use a statistical or random sampling scheme that provides for the collection of representative samples.
A number of criteria must be considered in determining how many samples are required, how sampling locations are selected, and how frequently sampling should be repeated. If an installation generates a highly uniform waste stream from a single process location, one sample collected annually may be sufficient. However, if a single waste stream is a mixture of materials generated in several locations under varying conditions through time, more samples may be required, and composite sampling may be appropriate. At a minimum, sampling must be repeated if the waste generating process changes in a material way, or if inspection of the waste reveals it has changed.
Appendix I of 40 CFR 261 lists specific guidance documents that detail sampling protocols for different waste types. Waste samples collected in accordance with these protocols are considered representative by the EPA. The protocols include standards developed by the American Society for Testing and Materials (ASTM) and portions of SW-846. The EPA documents "A Compendium of Superfund Field Operations Methods" (EPA/540/P-87/001) and "RCRA Groundwater Monitoring: Draft Technical Guidance" (EPA/530-R-93-001) are recommended reading. In addition, the "AFCEE Model Field Sampling Plan" is a source of hazardous waste sampling methods approved by the Air Force Center for Environmental Excellence (AFCEE).
Under most circumstances, the minimum personal protective equipment worn by a waste sampler is coated Tyvek coveralls, gloves, hard hat, rubber boots, splash protection, face shield, and air purifying respirator (level "C"). Air monitoring for oxygen content, organic vapors, and explosive atmospheres should be conducted during sampling. These minimum requirements apply to known waste only. Level C personal protection should be upgraded to include acid resistant clothing when corrosive wastes are known or suspected. If benzene or some other carcinogenic compound is present for which no adequate air purifying filter is available, respiratory protection must be upgraded to self-contained breathing apparatus (level "B"). Where little is known about the constituents of a waste stream, a minimum of level B personal protection should be worn until air monitoring or preliminary testing indicate a downgrade is permissible. Consult the installation Bioenvironmental Engineer for operation-specific health and safety practices and protective equipment requirements.
Samplers should always be aware of the potential hazards associated with hazardous wastes, and be prepared to respond appropriately. Extreme care should be taken in inclement weather or conditions where ingress and egress are difficult. To prevent sparking, metal containers should be electrically grounded and nonferrous tools and sampling equipment used. Bulging and corroding drums should only be opened by specially trained personnel with the proper equipment. Tanks and other confined spaces must only be entered by certified personnel in compliance with OSHA standards.
Sampling personnel should work in teams and have current first aid training. Emergency phone numbers for fire, police and ambulance should be posted by readily accessible telephones in case of an emergency. Directions to the nearest hospital trauma center should be written down and available in case of injury.
The minimum requirements for managing samples prior to shipment to a laboratory include:
Many hazardous waste treatment and disposal facilities offer laboratory services as well, but the generator is not required to use these laboratories. Some large hazardous waste generators utilize on-site laboratories, but most use outside facilities. Laboratories can be identified through trade magazines, telephone directories or word of mouth. In addition, some laboratories have sites on the World Wide Web. One resource on the World Wide Web that may be of interest is "TSD Central - The Industrial Waste Management Network" at http://www.tsdcentral.com This web site contains general information and a list of industrial waste management service providers. Request for quotations or services as well as general inquiries can be made through this on-line service.
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Listed Wastes