RCRA Explained: Managing Hazardous Waste from Cradle to Grave

In 1976, the Resource Conservation and Recovery Act became the nation's law governing how solid and hazardous waste is disposed of. This law addresses the issue of the increasing amount of municipal and industrial waste Since then, RCRA has been amended several times, including 1984's Hazardous and Solid Waste Amendments, the Federal Facilities Compliance Act of 1992, and the Land Disposal Program Flexibility Act of 1996. So what exactly does RCRA and all of its amendments do? Well, it basically gives the EPA the authority to control the generation, transportation, treatment, storage, and disposal of hazardous waste. RCRA provides regulations for both hazardous and non-hazardous solid waste. One of the first steps is identifying if a material is considered hazardous waste. To do this, facilities are asked to answer 4 questions: Is the material in question a solid waste? Is the material excluded from the definition of solid waste or hazardous waste? Is the waste a listed or characteristic hazardous waste? Is the waste delisted? For a material to be considered a hazardous waste, it must first be a solid waste. However, this is not based on the actual physical form of the waste. Under RCRA, the term solid waste is a legal definition that includes solids, liquids, sludges, and contained gases— essentially anything that is abandoned or thrown away, inherently waste-like, such as dioxin-containing wastes, certain military munitions, or recycled in a way that is considered disposal. Next, it's time to determine if the solid waste in question is excluded from the definition of hazardous waste. All hazardous waste is solid waste, but not all solid waste is hazardous waste. Some exclusions include domestic sewage that is carried directly to a publicly owned treatment facility, industrial wastewater discharges that go directly into a body of water, irrigation return flows from agricultural land, radioactive waste, certain solvents used in mining, pulping liquors used in the making of paper, and many more, as defined by RCRA. After a facility determines that a material is both solid and hazardous, it's now time to decide if the waste is listed or characteristic. Listed wastes are wastes from generic industrial processes that fall into one of four lists: the F-List, the K-List, the P-List, and the U-List. The F list contains wastes from common industrial and manufacturing sources, from nonspecific sources. Examples of F list wastes are spent solvent wastes, electroplating and other metal finishing wastes, and wood preserving wastes. The K list includes wastes from more specific industries and sources, like pesticide manufacturing, petroleum refining, explosives manufacturing, and ink formulation. The P and U lists designate pure and commercial-grade formulations of certain unused chemicals as hazardous waste. In order for a waste to be classified on the P or U list, it must contain one of the chemicals from the list, the chemical in the waste must be unused, and the chemical in the waste must be a commercial chemical product. Waste materials that are not listed but exhibit measurable properties indicating it's a threat are identified as characteristic hazardous wastes. The EPA defines a characteristic as being a threat if it can cause death or injury to humans or lead to ecological damage through ignitability, corrosivity, reactivity, or toxicity. Finally, certain listed hazardous materials can be delisted through an application process to the regional EPA office. For waste to be delisted, it must not meet the criteria for which it was listed, not show any hazardous waste characteristics, and not pose a threat to health or the environment. Under the Resource Conservation and Recovery Act, the first step in hazardous waste management begins with hazardous waste generators. Hazardous waste generators are the first to determine if their waste is hazardous and then oversee all the succeeding steps accordingly. Hazardous waste generators are broken down into 3 basic categories: Large Quantity, or LQG; Small Quantity, or SQG; and Very Small Quantity Generators, or VSQG. Large and Small Quantity Generators are required to identify whether their waste meets the criteria for being hazardous and determine the quantity generated in a month to figure out which quantity category it falls under. Large Quantity Generators are those who produce 1,000 kilograms or more of hazardous waste per month, or 1 kilogram or more of acutely hazardous waste per month. Small Quantity Generators produce more than 100 kilograms but less than 1,000 kilograms of hazardous waste per month. Facilities that generate 100 kilograms or less of hazardous waste per month, or 1 kilogram or less of acutely hazardous waste per month, are classified as Very Small Quantity Generators. VSQG facilities are exempt from the generator regulatory requirements. All generators must obtain an EPA ID number, comply with accumulation and storage guidelines, prepare the waste for transportation, track the shipment, and meet recordkeeping requirements. All hazardous waste generators are allowed to accumulate waste in one of two sites: Satellite Accumulation Areas or Central Accumulation Areas. A Satellite Accumulation Area is near the point of origin and is managed by the generator facility. Generators may store up to 55 gallons of hazardous waste, 1 quart of liquid acute hazardous waste, or 1 kilogram of solid acute hazardous waste. Once this limit has been met, the waste should then be transported within 3 days in properly labeled and sealed containers to a central accumulation area. The waste then has either 90 or 180 days, depending on the site, to be moved to its final disposal area. When storing hazardous waste, RCRA provides guidelines on choosing the right container and ensuring waste is stored properly. First, a container can be anything from a small bucket or test tube to a 55-gallon drum, to a tanker truck. Choosing the right container for the job is the first step in safe storage. Containers should always be free of rust or cracks, and waste should immediately be transferred to a container in good condition if any deterioration is found. Containers holding hazardous waste should always be kept closed unless waste needs to be added to or removed from them. Hazardous waste containers must be clearly marked with the date they were filled, the contents, and a label indicating they contain hazardous waste. The open dumping of non-hazardous waste is also regulated under RCRA. It sets minimum criteria for the operation of municipal and industrial waste landfills, including how they are designed, location criteria, financial assurance, cleanup, and closure guidelines. To ensure that all this information is understood and followed, RCRA requires that any employee involved in hazardous waste management including generating, storing, and disposing of it, receive initial and annual training. Initial training must be completed within 90 days of an employee's hire date, and refresher training needs to be done annually. Training can be completed through online modules or in person, but must be given by a qualified person certified in hazardous waste management procedures. Employers are responsible for keeping records of employee training. Including their name, job title, duties, and a description and date of the training. These records should be kept until a facility closes or for at least 3 years after the employee's last day of work. Additional training should be provided any time a person's job role changes or if there are any modifications to regulations, processes, or procedures. Finally, another important aspect of the Resource Conservation and Recovery Act is the guidelines surrounding preparedness and prevention in handling hazardous materials. RCRA requires that facilities be designed, constructed, and maintained to limit the possibility of fire, explosion, or the unexpected release of hazardous materials. To do this, there is certain equipment each facility is required to have in place, including an internal communication or alarm system, a telephone or other method of contacting emergency services if needed, fire and spill control systems, and an adequate sprinkler, or water spray system. This equipment must be inspected and maintained as outlined in a required contingency plan. In addition, RCRA requires that facilities provide adequate aisle space that allows the quick and unobstructed movement of personnel, fire, spill, and decontamination equipment to any area of the facility that needs it. Local emergency response teams should be made aware in writing and electronically of the layout of the facility, types, quantities, and locations, and dangers of the hazardous waste being handled, and evacuation routes. The Resource Conservation and Recovery Act provides important regulations and guidelines on the proper handling of hazardous materials. One important way RCRA does this is through a tracking system known as eManifest.