1. Fishbeck, Thompson, Carr & Huber, Inc. Special Wastes Characterization & Documentation Best Practices Michele J Buckler, P.E., LEED ® AP Stephanie C Werner

2. What are Special Wastes What are we going to talk about?  This is specific to non-hazardous waste  Sometimes called “Special Wastes”  Can be from:  Industrial, Commercial, Construction, or Agricultural Activities

3. 30 Seconds through RCRA Haz Waste Rules… …OK, maybe 60  D Wastes  Ignitable Flash <140 o F  Corrosive 2 12.5  Reactive reacts with water or other compounds  Toxicity ~40 compounds and metals listed

4. Listed Wastes  F List - Wastes from nonspecific sources - processes or sources within a certain industries (spent halogenated solvents; distillation residues; etc.)  K List - Wastes from specific sources or within a certain industry  P List - “Acute” Wastes - because small amounts may cause severe health effects  U List - Wastes include discarded commercial chemical products, manufacturing chemical intermediates or off-specification commercial chemical products

5. So….once you have eliminated you or your client’s waste from the hazardous designation, you still have to find a good home for it and ensure and efficient disposal approval process.

6. Why? If you have a one time or a repeating waste stream, you need to complete the appropriate analysis and prepare the appropriate documentation to make the approval process easier. This serves multiple purposes:  Provides certainty for the client’s compliance program  Provides certainty for the ultimate disposal site  Provides supporting documentation for regulatory audits  Makes everything smoother! This is merely a best management practice to make a complete package to tie up all the loose ends.

7. Don’t argue with the disposal facility – they have internal protocols and standards!!

8. Documentation  Prepare a memo which details:  How waste is generated (process description) - be very, very specific If it is similar to some of the Listed Wastes – explain why it is different  Physical description of the waste (color, consistency, odor, size/form) Landfill personnel can easily confirm that it is the correct waste  If you send an analytical report – please provide a tabulated summary along with the entire report. If the report contains analytical for other samples, explain.  If you are an agent signing for the Generator, provide appropriate documentation

9. Documentation  If the waste is from a remediation project – ensure that you have adequate soil and/or groundwater data to support the non-hazardous claim. Include a simple map of the site. Make sure analytical is current and not 8 years old!  If the facility produces other hazardous wastes, ensure that this is presented and provide a statement that the there is no chance of co- mingling.  Explain why analytical was not conducted or not necessary.

10. Laboratory Wastes – Audits  Many labs have been under additional scrutiny from EPA Hazardous Waste enforcement divisions  More frequent and rigorous audits/inspections  Common violations for R&D laboratories  Chemical Hygiene Plans lacking or outdated  Satellite Accumulation Areas Secondary satellite areas Improper grounding Satellite placement improper for “operator control”

11. Laboratory Wastes – Tips  Chemical hygiene plan up-to-date  Annual review by CH officer documented  Updates need to be universal to all copies  Each lab bench employee needs to know how to use, especially during an audit  Satellite accumulation has a limit  Pursuant to 40 C.F.R. § 262. 34(c)(1), “a generator may accumulate as much as 55 gallons of hazardous waste or one quart of acutely hazardous waste listed in § 261.33(e)”

12. Thank You  mjbuckler@ftch.com mjbuckler@ftch.com  scwerner@ftch.com scwerner@ftch.com