Regulatory process, RCRA

A brief description of the federal legislative and regulatory processes may be helpful. Laws are a product of legislative activity. Legislation is usually proposed by senators and representatives to achieve a desired result, for example, improved employee safety or environmental protection. Proposed laws are often known by their Senate or House file numbers, for example, S.xxx or H.R.xxx. Copies of proposed laws can be obtained, even at this early stage in the process, by requesting them from local offices of House or Senate members. Sponsors of proposed legislation are open to comment from the public. Once a law is passed, it is known by its Public Law number, for example, P.L. 94-580, Resource Conservation and Recovery Act (RCRA). It is published in the United States Code and is referenced by volume and chapter number 42 USC 6901 et seq. is the citation for RCRA. 

The processes used in the primary production of lead produce several wastestreams of concern under different regulatory scenarios. The listed RCRA hazardous wastes include smelting plant wastes that are sent to surface impoundments to settle. The impoundments are used to collect solids from miscellaneous slurries, such as acid plant blowdown, slag granulation water, and plant... 

U.S. EPA proposed to significantly impact the RCRA hazardous waste identification process through a rulemaking effort called the Hazardous Waste Identification Rules (H WIR). The first rule, HWIR-media, was finalized on November 30,1998, and addressed contaminated media.16 The second rule, HWIR-waste, was finalized on May 16, 2001, and modified the mixture and derived-from rules, as well as the contained-in policy for listed wastes.5 Both the HWIR-media rule and the HWIR-waste rule attempt to increase flexibility in the hazardous waste identification system by providing a regulatory mechanism for certain hazardous wastes with low concentrations of hazardous constituents to exit the RCRA Subtitle C universe. 

While mining processes generate metal-bearing wastes, mining wastes are outside of the current hazardous waste regulatory scope. For further information on this, refer to the current amended version of the Resource Conservation and Recovery Act (RCRA), PL 94-580, Subtitle C, Section 3001 -"Identification and Listing of Hazardous Waste."... 

The RCRA treatment standards are available from 40 CFR Parts 261, 264, 265, 268, 271, and 302. Numerous reference guides and manuals on handling of RCRA wastes are available to environmental professionals for educated decision-making. However, one should keep in mind that hazardous waste disposal is an extremely complex process and that it is best served by hazardous waste and regulatory compliance experts who have a detailed knowledge of the applicable laws. 

While industrial practice requires a trial burn and a facility may not operate until the data are accepted, industrial facilities obtain approval to process many different waste streams based on a single trial burn. In special situations, particularly with toxic materials such as polychlorinated biphenyls, both a surrogate burn and a trial burn would be required. RCRA regulations offer the option of allowing the use of data from another facility, under certain conditions, in lieu of a trial burn. However, industry has used this mechanism at only a few sites with similar units. It has been used twice by the CMA for the Tooele, Utah, disposal facility. The CMA should pursue this mechanism with the respective regulatory authorities. The committee believes that chemical agent disposal facilities are treated similarly to industrial facilities with respect to the conduct of trial bums. 

Briefly describe the major strong points of the permit process for incinerator systems under RCRA. Include the perspective of the public, the regulatory agency, and the permittee. 

Would the process be able to satisfy environmental regulatory requirements under RCRA ... 

Would the process be able to satisfy environmental regulatory requirements under RCRA Likely. Has been approved by regulators at least once under RCRA for destruction of conventional munitions. Likely. Likely. Yes. The EDS has already received regulatory approval in several different states. 

In this chapter, the classification of industrial products for transportation under present DOT regulations and disposal classifications under RCRA will be discussed. A brief discussion of pesticide classification under FIFRA is also presented. It must be kept in mind that regulations are a living set of rules which are frequently modified by amendments, deletions and new definitions. Thus, while an attempt has been made to present the subject of product classification in a manner that will be affected as little as possible by the process of regulatory change, this is clearly not entirely possible. The reader must be aware of this fact and of his responsibility for keeping abreast of any new developments in this field. 

Process knowledge and samples taken of the solidified waste material from the processing of unirradiated depleted uranium dioxide targets with simulated materials have indicated that no RCRA regulated hazardous constituents are present above applicable regulatory levels. Based on this information, it is concluded that after the high activity waste is neutralized, it is radioactive waste that no longer exhibits any hazardous characteristics. 

RCRA Subtitle C landfill accepts hazardous wastes a RCRA Subtitle D landfill accepts municipal solid wastes. The committee beUeves that residual solids from the processes discussed in this report can be stabilized and pass regulatory requirements for disposal. However, treatability studies will be necessary to demonstrate this. 

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